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Usc 1 Polxlab Political and Labor Laws Pre Week Notes
Usc 1 Polxlab Political and Labor Laws Pre Week Notes
Uploaded by
Tatak BuganonCopyright:
Available Formats
PoliticalandPublicInternationalLaw&
LaborLawandSocialLegislation
POLxLAB Pre-WeekNotes
CompiledbyRGL|USC
POLxL
AB PRE-WEEKNOTES ForW fthe2020_21#BestBarEver
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TABLEOFCONTENTS LaborStandards 146 B.PartsofaConstitution
POLITICALANDPUBLICINTERNATIONALLAW Post-Employment 164 1) Constitution of
Liberty
— consists
of
a series of prescriptions
setting forth the fundamental civil and political rights of the
The1987Constitution 2 LaborRelations 182 citizens and imposing limitations on the powers of government
asameansofsecuringtheenjoymentofthoserights;
BasicConcepts 3 ManagementPrerogative 192
2) Constitution of Government — series
of
provisions
outlining
NationalTerritory 13 SocialLegislation 194 the organization of the government, enumerating its powers,
laying down certain rules relative to its administration, and
Citizenship 14 JurisdictionandRemedies 206 definingtheelectorate;and
3) Constitution of Sovereignty — consists of the provisions
LegislativeDepartment 17
I.THE1987CONSTITUTION pointing out
the
mode
or
procedure
in
accordance with
which
ExecutiveDepartment 27 formalchangesinthefundamentallawmaybebroughtabout.
A.NatureandConceptofaConstitution
JudicialDepartment 37 C.AmendmentsandRevisions
B.PartsofaConstitution
Article XVII. Section 1. Any amendment to, or revision of, this
ConstitutionalCommissions 41 C.AmendmentsandRevisions Constitutionmaybeproposedby:
BillofRights 43 D.MethodsofInterpretingtheConstitution 1. The Congress, upon a vote of three-fourths of all its
Members;or
LawonPublicOfficers 73 2. Aconstitutionalconvention.
A.NatureandConceptofaConstitution
AdministrativeLaw 85 Section
2.
Amendments
to
this Constitution may likewise be directly
A constitution is a system of fundamental laws for the
proposedbythepeoplethroughi nitiativeu
ponapetitionof
ElectionLaw 96 governance and administration of a nation. It is supreme,
imperious, absolute and unalterable except by the authority a. at least twelve per centum of the total number of
LocalGovernments 109 fromwhichitemanates. registeredvoters,
It has been defined as the fundamental and paramount law
of
the b. of which every legislative district must be represented by at
NationalEconomyandPatrimony 120
nation. leastthreepercentumoftheregisteredvoterstherein.
SocialJusticeandHumanRights 123 ManilaPrinceHotelv.GSIS No amendment shall be authorized within five years following the
ratification of this Constitution
nor
oftener
than
once
every five
years
Education,Science,Technology,Arts,Culture&Sports 124 Under the doctrine of constitutional supremacy, if a law or
contract violates any norm of the constitution that law or contract thereafter.
PublicInternationalLaw 125 whether promulgated by
the legislative
or
by the executive branch or Section3.TheCongressm
ay,
entered into
by private persons for private purposes is null and void
a. by a vote of two-thirds of all its Members, call a
LABORLAWANDSOCIALLEGISLATION and without any force
and effect.
Thus,
since the
Constitution is
the
fundamental, paramount and supreme law of the nation, it is constitutionalconvention,O R
FundamentalPrinciples 141 deemedwrittenineverystatuteandcontract. b. by a majority vote of all its Members, submit to the
electoratethequestionofcallingsuchaconvention.
RecruitmentandPlacement 142
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Section
4.
Any
amendment
to,
or
revision
of, this Constitution shall be D.MethodsofInterpretingtheConstitution These principles in
Article II are not intended to be self-executing
valid when ratified by a majority of the votes cast in a principles ready for enforcement through the courts. They are
used
1) The
Constitution should
be
interpreted in such a way as to give
plebiscite which shall be held not earlier than sixty days nor later by the judiciary as aids or as guides in
the
exercise
of its
power of
effecttotheintendmentoftheframers. judicialreview,andbythelegislatureinitsenactmentoflaws.
thanninetydays
2) Incaseofdoubt,theconstitutionshouldbeconsidered
a. after
the
approval
of such amendment or revision; (Constituent ReiteratedinE
spinav.Zamora
a) self-executingratherthannonself-executing;
AssemblyorConstitutionalConvention)OR
b) mandatoryr atherthandirectory;and While Section 19, Article II of the 1987 Constitution requires the
b. after the certification by the Comelec of the
sufficiency
of
development of a self-reliant and independent national economy
thepetition.(People’sInitiative) c) prospectiver atherthanretrospective. effectively controlled by
Filipino entrepreneurs, it
does
not impose
a
policy
of
Filipino monopoly of the economic environment. The
Lambinov.Comelec ManilaPrinceHotelv.GSIS objective is simply to prohibit foreign powers or interests from
The Initiative Petition Does Not Comply with Section 2,
Article A provision which lays down a general principle, such as those maneuvering our economic policies and ensure that Filipinos are
XVIIoftheConstitutiononDirectProposalbythePeople found in Art. II of the 1987 Constitution, is usually not givenpreferenceinallareasofdevelopment.
self-executing.
The framers of the Constitution intended that the "draft of the II.BASICCONCEPTS
proposed constitutional amendment" should be "ready and But a provision which is complete in itself and becomes operative
shown"tothepeople"b efore"theysignsuchproposal. without the aid of supplementary or enabling legislation, or that A.DeclarationofPrinciplesandStatePolicies
which supplies sufficient rule by
means of
which the
right
it
grants
The Initiative Violates Section 2, Article XVII Disallowing B.Sovereignty
may be enjoyed or protected, is self-executing. Thus, a
RevisionthroughInitiatives
constitutionalprovisioniss elf-executing C.StateImmunity
A
people's
initiative
to
change
the
Constitution
applies ONLY to an 1. ifthenatureandextentoftherightconferredand
amendment of the Constitution and NOT to its r evision. D.SeparationofPowers
2. theliabilityimposedarefixedbytheconstitutionitself,
Revisionb roadlyimpliesachangethat E.ChecksandBalances
3. so that they can be determined by an examination and
a. alters a basic principle
in
the constitution, like altering constructionofitsterms,and F.DelegationofPowers
the principle of separation of powers or the system of
4. there is
no
language
indicating
that
the
subject is referred to G.FundamentalPowersoftheState
checks-and-balances.
thelegislatureforaction.
Thereisalsorevisionifthechange PolicePower
Unless it is expressly provided that a legislative
act
is
necessary to
b. alters the substantial entirety of the constitution, as enforce
a constitutional mandate, the
presumption now is that all EminentDomain
when the change affects substantial provisions of the provisionsoftheconstitutionareself-executing. Taxation
constitution.
A constitutional provision may be self-executing in
A
two-part test
is
thus
used: the quantitative test and the qualitative onepartandnon-self-executinginanother.
test. The quantitative test examines only the number of A.DeclarationofPrinciplesandStatePolicies
provisionsaffectedanddoesnotconsiderthedegreeofthechange. Sec 10, second par., Art. XII of the 1987 Constitution is a
mandatory, positive command which is complete in itself and TheStateasParensPatriae
The qualitative test inquires into the qualitative effects of the which needs
no further guidelines or
implementing laws or rules for
proposed change in the constitution. The main inquiry is whether the its enforcement. It is per se judicially enforceable.
Where
there
is
a Mayniladv.SENR2019EnBanc
change will "accomplish such far reaching changes in the
nature
of rightthereisaremedy.U bijusibiremedium. Hand-in-hand with
police
power
in
the
promotion
of
general welfare
ourbasicgovernmentalplanastoamounttoarevision.".
isthedoctrineofparenspatriae.
ComparewithTanadav.Angara
Under
the
doctrine,
the state has the sovereign power of guardianship
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over persons of disability, and in the execution of the doctrine the The fact that international law has
been made
part of
the
law
of
the andtheICCPR.
legislature is possessed of inherent power to provide protection to land does not by any means imply the
primacy of
international law
The principle of non-discrimination requires that laws of
general
persons non sui
juris
and
to
make and enforce
rules and regulations over national law in the municipal sphere. Under the doctrine of application relating to elections be applied equally to all persons,
asitdeemsproperforthemanagementoftheirproperty. incorporation as applied in most countries, rules of international regardless of sexual orientation. Although sexual orientation is not
Parens patriae means
"father of
his country", and refers to the State law
are given a standing e
qual, not superior, to national legislative specifically enumerated as a status or ratio for discrimination in
as a last-ditch provider of protection to those unable to care and enactments. Article 26 of the ICCPR, the ICCPR Human Rights Committee has
fendforthemselves. opined that the reference to "sex" in Article 26 should be construed to
Tanadav.Angara include"sexualorientation."
While the Regalian doctrine is state ownership over natural
resources, police power is state regulation through legislation,
and In its Declaration of Principles and State Policies, the Constitution The
Yogyakarta Principles, consisting
of
a declaration formulated by
parens patriae is the default state responsibility to look after the “adopts the generally accepted principles of international law various international
law professors, are — at best - de lege ferenda
defenseless, there remains a limbo on a flexible state policy bringing as part of the law of the land, and adheres to the policy of peace, —anddonotconstitutebindingobligationsonthePhilippines.
these doctrines into a cohesive whole. We fill
this
void
through the equality, justice, freedom, cooperation and amity, with all
PublicTrustDoctrine. nations." By the doctrine of incorporation, the country is bound by CompareD
octrineofTransformationinU
Sv.Purganan
In this framework, a relationship is formed — the
state is
the generally accepted principles of international law, which are
considered to be automatically part of our own laws. One of the The US-RP Extradition Treaty in particular, undoubtedly affects not
trustee, which manages specific natural resources and the trust only state
organs but
also private
individuals as
well.
It
is
said
that,
principal — for the trust principal for the benefit of the current oldest and most fundamental rules in international law is pacta
in
treaties
of
this
nature,
it
should behoove the
state
to undertake or
andfuturegenerations—theb eneficiaries. sunt servanda — international agreements must be performed in adopt the necessary steps to make the treaty binding upon said
goodfaith. subjectseitherbyi ncorporationo rtransformation.
The
public is
regarded as the beneficial owner of trust resources, and
courts can enforce the public trust doctrine even against the Existing legislation contrary to
the
provisions of
the
treaty becomes
governmentitself. SOJv.Lantion
invalid, but
legislation is
necessary to
put
the treaty
into
effect. The
The doctrine of incorporation is applied whenever municipal constitutional requirement that the treaty be concurred in by no less
DepEdv.RizalTeachersKilusangBayanforCredit2
019 tribunals are confronted with situations in which there appears to be than two-thirds of all
members of
the Senate is,
for
legal
intent
and
a conflict between a rule of international law and
the provisions of purposes, an equivalent to the required transformation of
May the DepEd be compelled by writ of mandamus to collect, by treatylawintomunicipallaw.
the constitution or statute of the local state. Efforts should first
be
salary deductions, the loan payments of public
school
teachers and
exertedtoh armonizet hem,soastogiveeffecttoboth. In preserving harmony between treaty law and municipal law, it
is
remitthemtotheRTKBCI?
In a situation, however, where the conflict is irreconcilable and a submitted—
RTKBCI has no clear legal right to demand that DepEd act as its
choice has to be made between a rule of international law and 1) That treaty
law
has
the
effect of amending, or even repealing
collecting and remitting agent. This is not one of DepEd's power,
municipal law,
jurisprudence dictates that municipal law should be an
inconsistent municipal statute, a later
enactment being
duties,andfunctions.
upheldbythemunicipalcourts. controlling,
Teachers have no one else to turn to for
protection of
their
welfare
In
the absence of
a law
or
principle of
law, we must apply the rules
except the State itself. For
its
part,
the State is
duty bound to
render 2) but that an inconsistent municipal statute subsequently
such protection in observance of its duty under the doctrine of of
fair play. An application of the basic twin due process rights of
passed cannot modify treaty law, without the concurrence of
parens patriae. In implementing the payroll deduction system, notice and hearing will
not
go
against the treaty or the implementing
the other state party thereto, following the generally
DepEd performed a function only secondarily to favor RTKBCI as
a law. Neither the Treaty nor the Extradition Law precludes these rights
acceptedprincipleofp actasuntservanda.
private lending institution and primarily to
protect and promote the fromaprospectiveextraditee.
welfareofteachersandinstitutionsofbasiceducation. ProceedtoR
elationshipbetweenInternational
AngLadladv.Comelec2
010EnBanc andPhilippineDomesticLaw
AdherencetoInternationalLaw
We explicitly recognize the principle of non-discrimination as it
PhilipMorrisv.CA SeparationofChurchandState
relates
to
the
right
to
electoral
participation, enunciated in the UDHR
Section6.TheseparationofChurchandStateshallbei nviolable.
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Aglipayv.Ruiz right" of citizens to "a
balanced and
healthful ecology which,
for same.
the first time in our nation's constitutional history, is solemnly
What is guaranteed by our Constitution is religious liberty, not mere RightofIndigenousCulturalCommunities
incorporated in the fundamental law." Their personality to sue in
religious toleration. Religious freedom, however, as a constitutional
behalf of the succeeding generations can only be based on the
mandate is not inhibition of profound reverence for religion
and
is ⭐Tawahigv.Lapinid2019Leonen,J
concept of i ntergenerational responsibility insofar as the
not a denial
of
its
influence
in human
affairs.
In
fact,
certain
general
concessions are indiscriminately accorded to religious sects and righttoabalancedandhealthfulecologyi sconcerned. The Philippine legal system's framework for the protection of
denominations. indigenous peoples was never intended and will not operate to
When in
doubt, cases must be
resolved
in
favor of the constitutional
deprive courts of jurisdiction over criminal offenses. Individuals
Here, the stamps were not issued and sold for the benefit of the right to a balanced and healthful ecology. Parenthetically, judicial
belonging to
indigenous cultural
communities who are charged with
Roman Catholic Church. Nor were money derived from the sale of the adjudication is
one of
the
strongest fora in which the precautionary
criminal offenses cannot invoke
the
Indigenous Peoples' Rights
Act
stamps given to
that
church.
On
the
contrary, it appears that the only principlemayfindapplicability.
of1997,toevadeprosecutionandliabilityundercourtsoflaw.
purpose in issuing and selling the stamps was "to advertise the
Philippinesandattractmoretouriststothiscountry." Mosquedav.PilipinoBananaGrowers&ExportersAssociation With respect to dispensing justice, resolving conflicts, and
peace-building, the application of customary laws and
practices
2016EnBanc
is
permissible only to
the extent that it
is
in
harmony with the
Righttolifeoftheunborn The constitutional right to health and maintaining environmental national legal system. A set of customary laws and practices is
Imbongv.Ochoa2
014EnBanc integrity are privileges that do not only advance the interests of a effective
only
within the
confines of the
specific indigenous cultural
group of individuals. The benefits of protecting human health and communitythatadoptedandadherestoit.
The Philippine national population program has always been the environment transcend geographical locations and even
grounded two cornerstone principles: “principle of no-abortion” generations. This is the essence of Sections 15 and 16,
Article II
of Familyassocialinstitution
andthe“p
rincipleofnon-coercion.” the Constitution. In
Oposa
v.
Factoran, Jr.
we declared that the right ⭐FalcisIIIv.CivilRegistrarGeneral2019LeonenEnBanc
to a balanced and healthful ecology under Section 16
is
an issue of
The Court agrees with ALFI that the authors of the RH-IRR gravely transcendental importance with intergenerational The
Constitution
does not
define
or
restrict
marriage
on
the
basis of
abused their
office
when they redefined the meaning of abortifacient. implications. It is under this milieu that the questioned ordinance sex,gender,sexualorientation,orgenderidentityorexpression.
It allows “contraceptives” and recognizes as “abortifacient” only shouldbeappreciated.
thosethatprimarilyi nduceabortion. Lacking a manifestly restrictive textual definition of marriage, the
Constitution is capable of accommodating a contemporaneous
Evidently, the addition of the word “primarily,” in the RH-IRR is ResidentMarineMammalsv.Reyes2
015EnBanc understanding of sexual orientation, gender
identity and expression,
indeed ultra vires. With
such qualification in
the
RH-IRR, it
appears and sex characteristics (SOGIESC). The plain
text
and meaning of
to insinuate that a contraceptive will only be considered as an The need to give the Resident Marine Mammals legal standing has
ourconstitutionalprovisionsdonotprohibitSOGIESC.
“abortifacient” if its sole known effect is abortion or, as pertinent been eliminated by our Rules, which allow any Filipino citizen,
as a
here,thepreventionoftheimplantationofthefertilizedovum. steward of
nature, to bring a suit to
enforce our environmental laws. To continue to ground the family as a social institution on the
It
is
worth noting here that
the Stewards are
joined as
real parties
in concept of the complementarity of the sexes is to perpetuate the
Thus, the word “primarily” in Section 3.01(a) and (j) of the the Petition and not just in representation of the named cetacean discrimination faced by couples, whether opposite-sex or
same-sex,
RH-IRRshouldbedeclaredvoid. species. whodonotfitintothatmold.
Righttobalancedandhealthfulecology RighttoQualityEducation B.Sovereignty
InternationalServicefortheAcquisitionofAgri-Biotech ⭐CouncilofTeachersandStaffofCollegesandUniversitiesofthe
Applicationsv.GreenpeaceSoutheastAsia2 015EnBanc ConcurringOpinionofJusticeMendozainE
stradav.Arroyo,supra
Philippinesv.SecretaryofEducation2
018EnBanc
Greenpeace, et al alleged that the Bt
talong
field
trials
violate
their While Art. II, §1
of
the
Constitution says
that
"sovereignty resides
While the Constitution indeed mandates the State
to provide quality
constitutionalrighttohealthandabalancedecology. in the people and all government authority emanates from
education, the determination of what constitutes quality
them," it also says that "the Philippines is a democratic and
Oposa v. Factoran, Jr. signaled an even
more liberalized policy
on education is best left with the
political departments who
have
republicanstate."
locus standi in public suits. In
said
case,
we
recognized the
"public the necessary knowledge, expertise, and resources to determine the
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public interest as a predicate to good governance and a Consent
This means that ours is a representative democracy — as workingdemocracy.
distinguished from a direct democracy — in which the sovereign 1) Where a suit is filed NOT
against the
government itself
or
its
will of the people is expressed through the ballot, whether in an In our jurisdiction, it is also the rule that the exercise of the right of
suffrage should be an enlightened one, hence,
based on
relevant officials but against one of its entities,
it
must
be
ascertained
election, referendum, initiative,
recall
or
plebiscite. Any
exercise of
facts,dataandinformation. whetherornottheStatehasgivenitsconsenttobesued.
thepowersofsovereigntyinanyotherwayisunconstitutional.
2) This ascertainment will depend in the first instance
on
WON
Indeed, the right to revolt cannot be recognized as a constitutional C.StateImmunity theagencyimpleadedisincorporatedorunincorporated.
principle. A constitution to provide for the right of the people to
revolt
will carry with it
the
seeds
of
its
own destruction. Rather, the Section3ArtXVI. TheStatemaynotbesuedwithoutitsconsent. 3) An incorporated agency
has a charter of its own that invests it
right
to revolt is affirmed as a natural right. Even then, it must be with a separate juridical personality. The test
of
suability
lies
exercisedonlyforweightyandseriousreasons. SuitagainstState in
its charter
— It
is
suable
if
its
charter says so; regardless of
What took place at EDSA from January 16 to 20, 2001 was not a Arigov.Swift2
014EnBanc thenatureofthefunctionsitisperforming.
revolution but the peaceful expression of popular will. The operative 4) Unincorporated agencies have no separate juridical
fact
which enabled VP
Arroyo to assume the
presidency was the fact While the doctrine appears to prohibit only suits against the state
personality
as
they
are
merged
in
the
general machinery of the
that there was a crisis, nay a vacuum, in the executive leadership without its consent, it is also
applicable to
complaints filed
against
which made the government rife for seizure by lawless elements. The officials of the state for acts allegedly performed by them in the government.
presidency was up for grabs, and it
was
imperative that
the
rule
of dischargeoftheirduties. a. AsuitagainstitisnecessarilyagainsttheState.
successionintheConstitutionbeenforced. The rule is that if the judgment against such officials will require the b. Suability
then
depends
on
the
nature
of
the function it
state itself
to perform an
affirmative
act
to
satisfy the
same,
such as isperformingeithergovernmentalorproprietary.
DissentingOpinionofJusticePunoinT
olentino,etal.vComelec the
appropriation of the
amount needed to
pay
the damages awarded
against them, the suit must be regarded as against the state itself 5) Suability vs. Liability. — Waiver of immunity by the State
The
people can directly exercise their sovereign authority through the
althoughithasnotbeenformallyimpleaded. doesnotmeanconcessionofitsliability.
followingmodes,namely:
This traditional rule has evolved into a restrictive doctrine which a. Suability is the result of the express or implied
1) Elections. — the p
eople choose the representatives t o
distinguishes consentoftheStatetobesued.
whom they will entrust the exercise of powers of
government. a) sovereignandgovernmentalacts(j ureimperii)from
b. Liability is determined after hearing on the basis of
2) Plebiscite. — the people ratify any amendment to or b) private,commercialandproprietaryacts(j uregestionis). relevantlawsandestablishedfacts.
revision of
the
Constitution and may introduce amendments Under the restrictive rule of state immunity, state immunity
PhilippineTextileResearchInstitutev.CA2
019
totheconstitution. extends only to acts jure imperii. The restrictive application of
3) Initiative. — legal
process
whereby the registered voters of State immunity is proper only when the proceedings arise out of PTRI, et al. are not immune from suit. Being an unincorporated
an
LGU may directly propose, enact, or amend any ordinance commercial transactions of the foreign sovereign, its commercial government agency that exercises a governmental function,
throughanelectioncalledforthepurpose. activitiesoreconomicaffairs. ordinarily,thePTRIenjoysimmunityfromsuit.
4) Recall. — a method
of
removing a local
official
from office The doctrine of immunity from suit will not
apply and may
not be The
State may be sued with
its
consent. The State's consent to be
before the expiration of his term because of loss of invoked where the public official is being sued in his private and sued
may be
given either expressly or impliedly. Express consent
confidence. personalcapacityasanordinarycitizen. may
be made through a general law or a special law. The general law
5) Referendum. — the people can approve
or
reject
a law
or In
this case, the US respondents were sued in their official capacity as waiving the immunity of the state from suit is found in Act No. 3083,
anissueofnationalimportance. commanding officers of
the
US
Navy.
The
suit
is
deemed to be one where the Philippine government 'consents and submits to
be
sued
againsttheUSitself.TheprincipleofStateimmunitythusapplies. upon any money claim involving liability arising from contract,
The 1987 Constitution not only enlarged the
democratic space
with express or implied, which could serve as a basis of civil action
provisions on
the
electorate’s direct
exercise of
sovereignty, but also betweenprivateparties.
highlighted the right of
the
people to
information on
matters of
PTRI entered into a Contract of Works with B.A. Ramirez. PTRI is
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executed,carriedout,orimplementedbythedelegate;and
being sued upon a claim involving liability
arising
from
a contract. reality of one overarching Constitution that governs one
Hence, the general law on the waiver of immunity from suit government and one nation for whose benefit all the three b) fixes a standard — the limits of which are sufficiently
findsapplication. separatebranchesmustactwithunity.
determinate and determinable — to which the delegate must
Furthermore, there isimplied
consent on
the
part of
the
State to be A lesser known but no less important aspect of the principle of conformintheperformanceofhisfunctions.
subjected to suit when the State enters into a contract. However, separation of
powers
is
the principle
of comity or the practice of sufficient
A standard is one which defines legislative policy, marks
distinction must still
be
made between one which is
executed in the voluntarily observing inter-departmental courtesy in undertaking
its limits, maps out its boundaries and specifies the public
agency
to
exercise
of its sovereign functions and another which is done in its their assigned constitutional duties for the harmonious working of
apply it. It indicates the circumstances under which the legislative
proprietarycapacity. government.
commandistobeeffected.
D.SeparationofPowers E.ChecksandBalances ⭐Provincial
Bus
Operators Association of the Philippines v. DOLE
2018EnBancLeonen,J
The separation
of
powers is
a fundamental principle in our system
SeparateOpinion,JusticePuno,Macalintalv.Comelec,etal.
of government. It obtains not through express provision but by Our governmental structure rests on the
principle
of
separation of
actualdivisioninourConstitution. For its part, this Court checks the exercise of power of the other powers. In reality, however, the powers are not as strictly confined or
branches of
government through judicial review. Since then, the Court delineated to each branch. The growing complexity of modern life,
SeparateOpinion,JusticePuno,Macalintalv.Comelec,etal. the
multiplication of
the subjects of governmental regulation, and the
has used its expanded power to check acts of the House of
Representatives, the
President,
and
even of
independent bodies such increased difficulty of administering the laws require the
The principle of
separation of
powers prevents the concentration
astheElectoralTribunal,theComelec,andtheCSC. delegation of powers traditionally belonging to the legislative to
of legislative, executive, and judicial powers to a single branch of
administrativeagencies.
government by deftly allocating their exercise to the three branches of Congress checks the other branches of government primarily
government. through its law making powers. Congress can create
administrative ⭐KilusangMayoUnov.AquinoIII2
019EnBancLeonen,J
Itisnowbeyonddebatethattheprincipleofseparationofpowers agencies, define their powers and
duties, fix the terms of officers and
their compensation. It
can also create courts, define their jurisdiction All
that
is
required for the valid exercise of this power of subordinate
1) allows “blending” of
the some of the executive, legislative, and reorganize the judiciary so long as it does not undermine the legislationisthat
orjudicialpowersinonebody; security of tenure of its members. Concomitant with its principal 1) the regulation
must
be
germane
to
the
objects
and purposes
2) does not prevent one branch of
government from inquiring power to legislate is the auxiliary power to ensure that the laws it ofthelaw;and
into
the
affairs
of
the other branches to maintain the balance enactsarefaithfullyexecuted.
2) that the regulation be not in contradiction to, but in
ofpower; conformitywith,thestandardsprescribedbythelaw.
3) but
ensures
that
there is no encroachment on matters within F.DelegationofPowers
The Social Security Act has validly delegated the power to fix the
theexclusivejurisdictionoftheotherbranches. The rule is that what has been delegated, cannot be delegated or as contribution rate and the minimum and maximum amounts for
the
expressed in a Latin
maxim—potestas delegata non delegari potest. monthly salary credits. It is within the scope
of
the
Social
Security
InReProductionofCourtRecordsreIndependenceoftheJudiciary Therecognizede xceptionst otherulearedelegation: Commission'spowertofixthem,asclearlylaidoutinthelaw.
The doctrine of separation of powers inures not by express 1) OftariffpowerstothePresidentunderSec28(2)ArtVI;
provision of the Constitution, but as an underlying principle that
G.FundamentalPowersoftheState
2) Ofemergencypowerst othePresidentunderSec23(2)ArtVI;
constitutes the bedrock of our system of checks and balances in Briefly
government. It
divides the government into three branches, each with 3) Tothepeopleatlarge;
1) Police Power regulates liberty and property for the promotion
well-defined powers. In
its
most basic concept, the doctrine declares 4) Tolocalgovernments;and
that the legislature enacts the law, the executive
implements it,
and ofthegeneralwelfare.
thejudiciaryinterpretsit. 5) Toadministrativebodies. 2) Eminent Domain enables the State to forcibly acquire
Each branch is considered separate, co-equal, coordinate and In every case of permissible delegation, there must
be
a showing
that property, upon payment of just compensation, for some
supreme within its own sphere, under the legal and political thedelegationitselfisvalid.Itisvalidonlyifthelaw intendedpublicuse.
a) is complete in itself, setting forth therein the
policy
to
be
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3) Taxation is
the ability to demand from the members of society 2. In
a positive
sense,
it
is
the
power
to prescribe
regulations to 4. Municipal governments exercise quasi-legislative powers
their
proportionate share or contribution in the maintenance of promote the health, morals, peace, education, good order or under the general welfare clause, Sec 16, Local Government
thegovernment. safety,andgeneralwelfareofthepeople. Code.
In
negative terms, it is that inherent and plenary power in the State 5. No mandamus is available to coerce the exercise of police
Similarities
which enables
it
to
prohibit all
things hurtful to the comfort, safety power.
1) Inherent in the State and may be exercised without express andwelfareofsociety.(A gustinv.Edu) 6. The question of validity of legislation as determined by the
constitutionalgrant. 3. The most essential, insistent and the least limitable of criterionoftheirconformitytotheConstitutionisj usticiable.
2) Not only necessary but indispensable. The State cannot powers,extendingasitdoes“toallthegreatpublicneeds.”
Evasco,Jr.v.Montañez2
018
continueorbeeffectiveunlessitisabletoexercisethem. 4. May
not be
bargained away through the medium of contract or
even
a treaty. The impairment clause
must yield
to the police Ordinance No. 092-2000, which regulates the construction and
3) MethodsbywhichtheStateinterfereswithprivaterights.
power whenever the contract
deals
with
a subject
affecting the installation of
building and
other structures such as billboards
4) Presuppose an equivalent compensation for the
private
rights publicwelfare. within Davao City, is an exercise
of
police power. This
direct
and
interferedwith. 5. May sometimes use the
taxing
power as
an
implement
for specific grant takes precedence over requirements set forth in
theattainmentofalegitimatepoliceobjective. another law
of
general application, in this
case the National Building
5) Exercisedprimarilybythelegislature.
Code.
a. In
Lutz v.
Araneta, the SC sustained as a legitimate exercise
of
the police power the imposition of a special tax on sugar Even if
the
National Building
Code
imposes minimum requirements
PolicePower EminentDomain Taxation
producers for the
purpose of
creating
a special
fund to
be as to the construction and regulation of billboards, the city
usedfortherehabilitationofthesugarindustry. government may impose stricter limitations
because its
police
Regulates Bothliberty Onlypropertyrights power to do so originates from its charter and not from the
andproperty b. In
Gerochi
v.
DOE, the Universal Charge was considered as
an exaction in the exercise of the State’s police power, NationalBuildingCode.
Exercisedby Government Governmentand Government imposed to ensure the viability of the country’s electric
privateentities powerindustry. CityofCagayanDeOrov.CagayanElectricPower&Light2
018
6. Powerofeminentdomaincouldalsobeusedasanimplement.
The purpose of an imposition will determine its nature as either a tax
Propertytaken Destroyed Intendedforpublicuseor 7. When the conditions so demand as determined by the or
a fee.
If
the purpose is primarily revenue, or if revenue is at least
becauseitis purposeandistherefore legislature, property rights must bow to the primacy of one of the real and substantial purposes, then the exaction is properly
noxious wholesome police
power because property rights, though sheltered by due classified as an exercise of the power to tax. On the other hand, if the
process, must yield to general welfare. (Carlos Superdrug v. purpose is primarily to regulate, then it is deemed an exercise of
Compensation Intangible Afullandfairequivalentofthe
DSWD) police power in the form of a fee, even though revenue is
altruistic propertyexpropriatedor
Exercise incidentally generated. In other words,
if
generation of
revenue is
feelingthathe protectionandpublic
the primary purpose, the imposition is a tax but, if regulation is
has improvementsforthetaxespaid 1. Lodgedprimarilyinthenationall egislature. the primary purpose, the imposition is properly categorized as
contributedto
2. Byvirtueofv aliddelegation,maybeexercisedby: aregulatoryfee.
thegeneral
welfare a. ThePresident;
Tests
b. Administrativeboards;
1) RationalBasisTest.—
PolicePower c. Lawmaking bodies on all municipal levels, including the
barangay. a) Applied mainly in analysis of equal protection
1. Power of promoting the public welfare by restraining and challenges;
3. Quasi-legislative power — authority delegated by the
regulatingtheuseoflibertyandproperty. lawmaking body
to
the administrative body
to
adopt rules and b) Laws and
ordinances are upheld if they rationally further
regulations
intended to
carry
out
the
provisions of the law and a
legitimate governmental interest. Under intermediate
implementlegislativepolicy.
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review,
governmental interest
is
extensively
examined and 7. In Department of Education v. San Diego, a regulation indiscriminate slaughter
was
not
satisfactorily
met
by
the
theavailabilityoflessrestrictivemeasuresisconsidered. disqualifying any person
who has
failed the NMAT three times meansemployed.
from taking it again was reinstated by the SC as the measure b. A law limiting the capacity of common carriers, or of
c) Tworequisitesmustconcur:
wasintendedtop rotectthepatients. theaters as in the case of People v. Chan, is valid as
this
i) The interests of the public generally, as would be
a reasonable method for promoting the comfort,
8. In Sangalang v. IAC, the SC sustained the opening of two
distinguished from
those
of
a particular
class, require convenienceandsafetyofthecustomers.
erstwhile private roads due to the demands of the common
itsexercise;and
good,namely,t rafficdecongestionandpublicconvenience. c. In City Government of QC v. Ericta, in invalidating an
ii) The means employed are reasonably necessary for ordinance, the SC said “there is no reasonable relation
9. In Del Rosario v. Bengzon, the Generics Act was sustained to
the accomplishment of the purpose and not unduly between the
setting
aside
of
at
least 6% of the total area of
“promote and require the use of generic drug products
oppressiveuponindividuals. private cemeteries for charity burial grounds of deceased
that are therapeutically equivalent to their brand-name
2) Strict Scrutiny Test. — Focus is on the presence of counterparts.” paupers and the promotion of health, morals, good order,
compelling, rather than substantial, government interest and safety, or the
general
welfare of the
people. The ordinance
10. In Telecommunications and Broadcast Attorneys of the isactuallyatakingwithoutjustcompensation.”
on the absence of less restrictive means for achieving that
Philippines v. COMELEC, Sec 92 of
BP Blg
881 requiring radio
interest. d. In OSG v. Ayala Land, Inc., the SC rejected petitioner’s
and television stations to give free airtime to respondent for
contention that malls, inasmuch as they are required by
LawfulSubject broadcasting information regarding the candidates in
the
1998
the National Building Code to provide parking spaces
for
electionswasvalidated.
1. Subject of
the
measure is
within
the scope of
police power, i.e. theircustomers,shouldprovidesuchforfree.
the activity or property sought to be regulated affects the 11. In Social Justice Society v. Atienza, a zoning ordinance of the 3. The SC has invariably applied certain standards for judicial
publicwelfare. City of Manila reclassifying “certain areas of the city from review:
industrial to commercial” was upheld by the SC citing its
2. In Taxicab Operators of Metro Manila v. Board of
implementation for the protection and benefit of the Lawsdealingwiththefreedomofthemind
Transportation, an administrative regulation phasing out Strictscrutiny
residents. orrestrictingthepoliticalprocess.
taxicabs more than six years old was held a valid police
measure to protect the riding public and promote their 12. In Ople v. Torres, an administrative order establishing the
comfortandconvenience. National Computerized Identification
Reference System
for
the Rationalbasis
Reviewofeconomiclegislation
expressed purpose of facilitating transactions with the standard
3. In Velasco v. Villegas, an ordinance prohibiting barber shop
government, particularly those providing basic services and
operators from rendering massage services
in
a separate room
social security benefits was struck down as an invasion of Heightenedor Evaluatingclassificationsbasedongender
was likewise sustained, to prevent immorality and enable the
people’sprivacy. immediatescrutiny andlegitimacy
authoritiestoproperlyassesslicensefees.
13. However, in
Kilusang Mayo Uno
v.
Director General, NEDA, the
4. In
Bautista
v.
Junio, to
conserve
energy, prohibition
of heavy
Court upheld EO 420 prescribing for all
government agencies Overbreadth Astatuteneedlesslyrestrainseven
and extra-heavy vehicles from using public streets on
and GOCCs a “uniform data collection and format for their doctrine constitutionallyguaranteedrights
weekendsandlegalholidayswassustained.
existingIDsystems”fortheirrespectiveemployees.
5. In
Tio
v.
Videogram Regulatory Board, the
creation
of the VRB Void-for-vagueness Apenalstatuteencroachesuponthefreedom
LawfulMeans
was sustained “to answer the need for regulating the video
doctrine ofspeech.
industry, particularly because of
the
rampant film
piracy, the 1. Both ends and means must be legitimate. Otherwise, the
flagrant violation of intellectual property rights, and the police measure shall be
struck
down
as
an
arbitrary
intrusion 4. In fine, the means employed for the accomplishment of the
proliferationofpornographicvideotapes.” intoprivaterights. police objective must pass the test of reasonableness and,
6. In the landmark case of Lozano
v.
Martinez, the
SC
upheld
the 2. There should be reasonable relation between the means specifically, conform to
the
safeguards embodied in
the
Bill of
validity of BP 22 as it preserves the integrity of the banking andtheend. Rightsfortheprotectionofprivaterights.
system by preventing worthless checks from flooding the a. In
Ynot
v.
IAC, an
EO
prohibiting
the
transport
of
carabaos
system. EminentDomain
and carabeef across provincial boundaries without
government clearance, was invalidated as the purpose of
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Definition,NatureandFunction a. In Republic v. PLDT, the SC upheld the right of the Bureau of
Sec 19 of the LGC states that the exercise of such delegated power
Also called the power of expropriation, it is described as “the Telecommunications to demand the interconnection
should be pursuant to the Constitution and pertinent laws.
R.A.
No.
highest and most exact idea of property remaining in the between the Government Telephone System and PLDT,
so
7279 is such pertinent law in this case as it governs the local
government” that may be acquired for some public purpose through that the
former could make use of the lines and facilities of
expropriation of properties for purposes of
urban land reform
amethod“inthenatureofacompulsorysaletotheState.” PLDT.
andhousing.
Sec 9 Art III of the Constitution, providing
that “private
property b. Similarly, in PLDT v. NTC, the petitioner was required to
The
case of Estate or Heirs of the Late Ex-Justice Jose B.L. Reyes v.
shall not
be taken for public use without just compensation”, serves interconnectwithaprivatetelecommunicationscompany.
City of Manila emphatically ruled that the provisions are strict
as a limitation, not a grant, of such power. It should be strictly limitations on
the
exercise
of
the
power of eminent domain by local PNOCAlternativeFuelsv.NGCP2
019
interpreted against the expropriator and liberally in favor of the governmentunits,especiallywithrespectto: Republic v. East Silverlane Realty Development Corp. held that
propertyowner.
1) the order of priority in acquiring land for socialized when the subject property is classified by the government as an
EssentialrequisitesfortheexercisebyanLGU housing;and industrial zone, the subject property therein had been declared
1) Enactmentofano
rdinance,notjustaresolution; 2) the resort to expropriation proceedings as a means of patrimonial. Further, it
is
apparent from
R.A.
No.
10516 and its IRR
acquiringit. that the industrial estate is being
owned, managed, and
operated by
2) Must be
for
a public use, purpose or welfare, or for the benefit
the State, not in its sovereign capacity, but rather in its private
ofthepoorandthelandless; Compliancewiththeseconditionsismandatory. capacity. It is apparent from P.D. No. 949, as
amended by
R.A. No.
3) Paymentofj ustcompensation;and 10516, that the Petrochemical Industrial Park is intended and
NecessityofExercise
4) Exercise must
be
preceded by
a valid and definite offer made accordinglydevotedbylawasacommercialandbusinessventure.
totheowner,whorejectsthesame. 1. Essentially political in nature when exercised by the
Thus, NGCP has the
authority
under
Section
4 of
R.A.
No.
9511
legislature.
Conditionsprecedenttotheissuanceofawritofpossession toexpropriatethesubjectproperty.
1) Complaint for
expropriation sufficient in form and substance is 2. In cases of delegated authority, the
judiciary
has assumed the
filedinthepropercourt;and power to inquire whether the authority conferred has been Taking
correctly or properly
exercised. This involves
looking into
the 1. May include trespass without actual eviction of the owner,
2) Deposit with said court at least 15% of the property’s fair
necessityoftheexpropriation. material impairment of
the
value
of
the property or prevention
marketvalueb asedonitscurrenttaxdeclaration.
Stages oftheordinaryusesforwhichthepropertywasintended.
CityofManilav.Prieto2
019
1) Determination of the validity of the expropriation. Necessity of a. In Ayala de Roxas v. City of Manila, the imposition of
an
The SC adopted the ruling of the CA wherein the latter found the
anexpropriationisajusticiablequestion. easement over a 3-meter strip of
the plaintiff’s
property
following circumstances to invalidate the expropriation done by
could not be legally done without payment of just
petitioner: 2) Determinationofj ustcompensation. compensation.
1. The records lack any
evidence to
support
petitioner's claim PrivateProperty
that an on-site development program is the most b. In People v. Fajardo, a municipal ordinance prohibiting
practicable and advantageous for the
beneficiaries, to justify 1. Anything that
can
come under the
dominion of man, including: construction of any building that would destroy the view
the non-applicability of the list of priorities in land (1) real and personal, (2) tangible and intangible properties. of the plaza from the highway was considered a taking
acquisitionunderS ection9ofR.A.No.7279. Exceptm oneya ndchosesinaction. underthepowerofeminentdomain.
2. Petitioner failed to exhaust other modes of acquisition 2. Property already devoted to public use is still subject to c. The right-of-way easement, resulting in the restriction or
before it resorted to expropriation in violation of Section 10 expropriation, provided this is done (1) directly by the limitation on property rights over the land traversed by
of R.A. No. 7279. Failure to renegotiate the offer to legislature, or
(2)
under
a specific grant of authority to the transmission lines
is also an exercise of expropriation, as
purchase the property before filing the expropriation case delegate. inNPCv.Aguirre-Paderanga.
warrantsthedismissalofthecomplaintforexpropriation. 3. In NHA v. DARAB, land, whether tenanted or
not,
acquired
by d. In NPC v. Ileto, the prohibition imposed by the
3. The
intended beneficiaries of petitioner's socialized housing the NHA for its
housing
and resettlement programs are exempt transmission lines, i.e.
construction of any
improvements
program are not "underprivileged and homeless," in fromlandreformunderPD1472. or planting of any trees that exceed 3 meters within the
violationofS
ection8. 4. Servicesa reconsideredembracedintheconceptofproperty.
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aerial right of way, clearly interferes with the
property,theyareentitledtothepaymentofajustcompensation. ⭐LBPv.Manzano2018Leonen,J
landowners’righttopossessandenjoytheirproperties.
2. Not every taking is compensable, as it may be justified Publicuse The Special Agrarian Court must ensure that the
amount determined
underthepolicepower. 1. Any use directly available to
the
general
public
as
a matter
of at
the
end of
the
proceedings is
equivalent to
the
fair market value
rightandnotmerelyofforbearanceoraccommodation. of the property at the time of the taking, and not based on a
a. Thus, losses sustained are in the nature of damnum
strict adherence to a particular set or series of
rules imposed
absqueinjuria. 2. There
will
also
be public
use
involved even if the expropriated by agricultural reform laws or administrative orders. While
b. This rule
is
only valid
as
long
as
the prejudice suffered by property is not actually acquired by the government but is Section 17 requires due consideration of the formula prescribed
by
an individual is shared in
common with the
rest
as
was merely devoted to public services administered by DAR, the determination of just compensation is still subject to the
illustratedinR ichardsv.WashingtonTerminal. privately-owned public utilities such as telephone or light finaldecisionofthepropercourt.
companies.
3. Compensable taking includes destruction, restriction, Howdetermined
diminution, or
interruption
of
the rights of ownership or of the 3. Important thing is that any member of the general public
can
common and necessary
use
and enjoyment of the property in a demand, for free or for a fee, the right to use the converted 1. To ascertain just compensation, the court should determine
lawfulmanner,lesseningordestroyingitsvalue. propertyforhisdirectandpersonalconvenience. firsttheactualorbasicvalueoftheproperty.
4. Requisites of Taking in Eminent Domain (according to 4. Broadened to include those that will redound to the indirect IfConsequentialDamages>ConsequentialBenefits
Republicv.Castellvi) advantageorbenefitofthepublic.
J .C. = Actual V alue + (Damages − B enef its )
a. Theexpropriatormuste
nteraprivateproperty; MCIAAv.Lozada,etal.2
010EnBanc
b. Theentrymustbef ormorethanamomentaryperiod; We now expressly hold that the taking of private property, Otherwise: J ust Compensation = Actual V alue
c. The entry must be under warrant or color of legal consequent to the Government's exercise of its power of eminent 2. The basic or market value of the property is the price that
authority; domain, is
always subject to
the
condition that the property be may be agreed upon by parties willing but not compelled to
devoted to the specific public purpose for which it was taken. enterintoacontractofsale.
d. The
property
must be devoted to public use or otherwise Corollarily, if
this
particular purpose or
intent is not initiated or
informallyappropriatedorinjuriouslyaffected; not at all pursued, and is peremptorily abandoned, then the 3. Among the factors to be considered in arriving at the fair
former owners, if they so desire, may seek the reversion of
the marketvalue:
e. The utilization of the property for public use must be
in
such a way as to oust the owner and deprive him of property, subject to the return of the amount of
just
compensation a. Costofacquisition;
beneficialenjoymentoftheproperty. received. In such a case, the exercise of the power of eminent domain
has become improper for lack of the required factual b. Currentvalueoflikepropertiesatthetimeoftaking;
NationalTransmissionCorp.v.SpsTaglao2
020 justification. c. Actualorpotentialuses;
True, an
easement of
a right
of
way transmits no
rights except
the Justcompensation d. In case of land, their size, shape or location and the tax
easement itself, and the
respondents would retain full
ownership of declarationsthereon.
the
property taken.
Nonetheless, the
acquisition of
such easement is 1. The determination of
just
compensation is
a judicial function
which cannot
be
curtailed or
limited
by
legislation, much less 4. Themeasureisnotthetaker'sgain,buttheowner'sloss.
not gratis. The limitations on the use of the property taken for an
indefiniteperiodwoulddepriveitsownerofthenormalusethereof. byanadministrativerule.(LBPv.Manzano2018Leonen,J)
CityGovernmentofValenzuelav.SpsAbacan2
019
2. According to De Knecht v. CA, owner refers to all those who
NPC
v. Sps Aoque citing NPC v. Tiangco held that if the easement is
have lawful interest in the property to be condemned, including In Meralco v. Pineda, the Court held that where the issue is
intended to perpetually or indefinitely deprive the owner of his
a mortgagee, a lessee, and a vendee in possession under an determining the amount of just compensation in an expropriation
proprietary rights, then the owner should be compensated for the
executorycontract. suit, a trial before the commissioners is indispensable. However,
monetaryequivalentoftheland.
3. However, in LBP v. AMS Farming Corporation, SC rejected while the appointment of
commissioners is
mandatory in
resolving
In this case, considering that the installation of the power lines respondent’s claim for just compensation as it was a mere the issue of just compensation, courts are not bound by their
would definitely deprive Spouses Taglao of the normal use of
their lessee. findings. Courts may substitute
their
estimate of
the
value, as
long
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time from the time the land is taken from the owner. (Apo property. His only remedy is an action for payment of
just
asitissupportedbytheevidenceonrecord.
Fruitsv.LBP2010EnBanc) compensationandmaynotsueforejectment.
Damagesandinterestaspartofjustcompensation 10. Neither laches nor prescription may bar a claim for just 2. AmounttobeDeposited
1. Consequential Damages consist of injuries directly caused compensationforpropertytakenforpublicuse. a. Rule 67 — an amount equivalent to the full assessed
on the residue of the private property taken through 11. Title to the property shall not be transferred until after value of
the
property
in
order
for
the
court to issue a writ
expropriation. actualpaymentofjustcompensation. ofpossession;
b. If
the expropriator is an LGU, the amount to be deposited is
2. In Republic v. BPI, SC clarified that no actual taking of the LBPv.Rivera2
010
only1 5%oftheassessedvalueo ftheproperty.
buildingisnecessarytograntconsequentialdamages.
The formula outlined in DAR Administrative Order No. 5,
series
of c. In RA 8974, if the purpose of the expropriation is to
3. In Heirs of Banaag v. AMS Farming Corporation, it was 1998shouldbeappliedincomputingjustcompensation,thus: implement a national government infrastructure project,
stressed that just compensation for the crops and what needs to be done is not a deposit but payment of
improvements is inseparable from the valuation of the raw LV=(CNIx0.6)+(CSx0.3)+(MVx0.1)
BIR Zonal valuation of the property. This amount
lands as
the
former are part and parcel of the latter. These must Where: depositedorpaidisNOTthejustcompensation.
be awarded to the landowner irrespective of the nature of LV=LandValue
ownershipofsaidcrops. 3. In
NPC
v.
Pobre, the
expropriator
is
not
allowed
to unilaterally
CNI=CapitalizedNetIncome
withdraw because damages may have already been caused to
4. Where entry preceded the filing of the complaint for CS=ComparableSales
theproperty.
expropriation, the assessment
should be
made at
the
time MV=MarketValueperTaxDeclaration
oftheentry. NTCv.BermudaDevelopment2
019
Republicv.DelaCruz2
019
5. As a general rule, Rule 67 Sec 4 provides that just A case filed by a landowner for recovery of possession or
compensation is computed at the time of taking of the Interest in eminent domain cases "runs as a matter of law and ejectment against a public utility corporation, which has
occupied
property or at the time the complaint is filed, whichever follows as
a matter
of
course
from the
right of
the landowner to be the land belonging to the former without prior acquisition of title
comesfirst. placed in
as good
a position as
money can accomplish, as of the thereto by negotiated purchase or expropriation proceedings, will not
6. In
Republic v. Castellvi, property was
deemed taken
only when dateoftaking." prosper.
expropriation proceedings were
commenced in
1959, not as of Theproperrecourseisfortheejectmentcourt:
the time of commencement of the lease in 1947. Thus, just Rental
1) to
dismiss the case without prejudice to the landowner filing
compensationwasascertainedin1959. ExportProcessingZoneAuthorityv.EstateofJimenez2
011 the proper action for recovery of
just
compensation and
7. In
City of
Cebu v. Dedamo, the filing of the complaint preceded consequentialdamages;or
The Court has
held that
compensation cannot be just to the owner
the taking of
the property but
SC said that the valuation should 2) to
dismiss the
case and
direct
the
public
utility corporation
in the case of property that is immediately taken unless there is
be
computed at
the time of taking not necessarily at the time of to institute the proper expropriation or condemnation
prompt payment, considering that
the
owner thereby immediately
the filing of complaint which was done earlier the
reason for proceedings and to pay the just compensation and
suffers not only the
loss of
his
property but also the loss of its fruits
that is there is a provision under Section 19 of RA 7160 consequentialdamagesassessedtherein;or
or income. Thus, in addition, the owner is entitled to legal interest
which provides in essence that the
valuation taken
by the LGU
from the time of the taking of the property until the actual 3) to
continue with
the
case as
if
it
were
an
expropriation
shouldbereckonedasofthedateofactualpossession.
payment in order to place the owner in a position as good as, but not case and determine the just compensation and
8. Value of the land and its character at the time it was betterthan,thepositionhewasinbeforethetakingoccurred. consequential damages pursuant to
Rule
67, if the ejectment
taken by the government are the criteria for determining just courthasjurisdictionoverthevalueofthesubjectland.
compensation. RemedyofDispossessedOwner
1. Owner’s failure to question for a long period of time the Distinguishedf rompolicepower
9. The owner is entitled to
payment of
interest from the time
of the
taking until
just
compensation is
actually paid to
him. government’s failure to institute expropriation proceedings Agan,Jr.v.PIATCO
To be just, the compensation must not only be the correct constitutes a waiver of his right to regain possession of his
amount to be paid; it must also be paid within a reasonable Sec 17 Art XII pertains to the right of the State in
times
of
national
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emergency, and in the exercise of its police power, to temporarily take deprivation. Purposes
overtheoperationofa nybusinessaffectedwithpublicinterest. 1) Revenue — The purpose of taxation is to provide funds or
The term "national emergency" was defined to include threat DrugstoreAssociationv.NationalCouncilonDisabilityAffairs property with which the State promotes the general welfare and
from external aggression, calamities or national disasters, but 2016 protection of
its
citizens. Raising the
revenues is
the
principal
not strikes "unless it is of such proportion that would paralyze objectoftaxation.
government service." The temporary takeover by the government The PWD mandatory discount on the purchase of medicine is
2) Non-Revenue.—
extends only to the operation of the business and not to the supported by a valid objective or purpose. It has a valid subject
considering that the concept of public use is no longer confined to the a) Regulation;
ownership thereof. As such the government is not required to
compensate the
private entity-owner of the said business as there traditional notion of use by the public, but held synonymous with b) PromotionofGeneralWelfare;
is no transfer of ownership. The private entity-owner affected public interest, public benefit, public welfare, and public
c) ReductionofSocialInequality;
cannot, likewise,
claim just compensation as the temporary takeover convenience. As in
the case of senior citizens, the discount privilege
to which the PWDs are entitled is actually a benefit enjoyed by
the d) PromoteEconomicGrowth;
by the
government is
in
exercise of its
police power and not of its
powerofeminentdomain. general public to which these
citizens belong. The means employed e) Protectionism.
in invoking the active participation of
the
private sector, in
order to Characteristics
Thus, requiring the government to pay reasonable achieve the purpose or objective of the law, is reasonably and directly
compensation for
the
reasonable use
of
the
property pursuant related. Also, the means employed to
provide a fair, just
and quality 1) Inherent — the power to tax, an inherent prerogative, has to be
totheoperationofthebusinessc ontravenest heConstitution. health care to PWDs are reasonably related to its accomplishment, availedoftoassuretheperformanceofvitalstatefunctions.
and are
not
oppressive, considering that as a form of reimbursement, 2) Legislative — taxing power is peculiarly and exclusively
ManilaMemorialParkv.SecretaryoftheDSWD2013EnBanc the discount extended to PWDs in the purchase of medicine can be legislative in character and remains undiminished in the
claimedbytheestablishmentsasallowabletaxdeductions. legislativeincharacter.
In the exercise of police
power, xxxx
examples
of
these
regulations SeealsoEminentdomainunderLocalGovernments 3) Constitutionally limited — the
power to
tax
is an attribute of
are sovereignty. It is the strongest of all the powers of the
1) property condemned for being noxious or intended for government.TheConstitutionsetsforthsuchlimits.
Taxation
noxiouspurposes;
Exercise
2) zoning ordinances p rohibiting the use of property for 1. Taxes are the enforced proportional contributions from
purposes injurious to the health, morals or safety of the persons and property, levied by the State by virtue of its 1. InherentintheState,primarilyvestedintheLegislature.
community. sovereignty, for the support of government and for all public 2. May be delegated to the President pursuant to Sec 28(2) Art VI
needs.Obligationtopaytaxesisn otbasedoncontract. of the Constitution — tariff rates, import and export quotas,
On the other
hand, in
the exercise of the power of eminent domain,
it is a settled rule
that the acquisition of
title
or
total
destruction
of 2. Except only
in
the
case
of
poll
taxes,
nonpayment
of
a tax may tonnageandwharfagedues,andotherdutiesorimposts.
the property is not
essential for
“taking” under the power of eminent bethesubjectofcriminalprosecutionandpunishment.
3. Pursuant to direct authority conferred by Sec 5 Art X of the
domaintobepresent.Examplesoftheseinclude 3. Taxes are the nation’s lifeblood through which government Constitution, local legislative bodies may also exercise the
1) establishment of
easements such
as
where the landowner is agencies continue to operate and with which the State poweroftaxation.
perpetually deprived of
his
proprietary rights because of the dischargesitsfunctionsforthewelfareofitsconstituents.
4. TheremustbealawgrantinganLGUtolawfullyimposeatax.
hazards posed by electric transmission lines constructed 4. Taxes = levied to raise revenues;
Licenses
= imposed
for
abovehispropertyor regulatorypurpose. PublicPurpose
2) the compelled interconnection of the telephone system 5. In
Angeles University Foundation v. City of Angeles, SC held that 1. Revenues received from the imposition of taxes or levies
betweenthegovernmentandaprivatecompany. the payment of
building
permit fee
is
a regulatory
imposition, cannot
be
used
for
purely
private
purposes or for the exclusive
and not a charge on property, and is therefore not an imposition benefitofprivatepersons.
Peoplev.Fajardo fromwhichpetitionerisexempt.
2. In Planters Products Inc v. Fertiphil Corporation, the Court
A regulation which substantially d eprives an owner of all declared that
a tax levy on the sale of fertilizers for purposes of
beneficial use of his property is confiscation and is a benefiting a private corporation, Philippine Planters Inc., is
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invalid.
It
may
not be justified even as a valid exercise of police
3. cessionand transfer.
power.
4. prescription,
B.Whoarecitizens
III.NATIONALTERRITORY NOT by executing multilateral treaties on the regulations of
ThefollowingarecitizensofthePhilippines:
sea-use rights
or
enacting
statutes
to
comply
with
the
treaty's
terms
ArticleI.Thenationalterritory todelimitmaritimezonesandcontinentalshelves. 1. Those who are citizens of the Philippines at the time of the
adoptionofthe1987Constitution;
1) comprises the Philippine archipelago, with
all
the
islands
and
waters embraced therein,
and
all other territories over
IV.CITIZENSHIP 2. ThosewhosefathersormothersarecitizensofthePhilippines;
whichthePhilippineshassovereigntyorjurisdiction, 3. Those born
before
January
17,
1973, of
Filipino mothers, who
A.KindsofCitizenship
2) consistingofitsterrestrial,fluvialandaerialdomains, elect Philippine
Citizenship upon reaching the
age
of
majority;
B.Whoarecitizens and
3) including its territorial sea, the seabed, the subsoil, the
insularshelves,andothersubmarineareas. C.Whocanbecitizens 4. Thosewhoaren
aturalizedi naccordancewithlaw.
D.Modesofacquiringcitizenship ChildrenofFilipinoParents
The waters around, between, and connecting the islands of
the archipelago, regardless
of
their
breadth
and dimensions, E.Modesoflosingandreacquiringcitizenship Republicv.Sagun2
012
form part of the internal waters of the Philippines. F.Dualcitizenshipanddualallegiance It
is
a settled rule
that only legitimate children follow the citizenship
(archipelagicdoctrineofterritoriality) of the father and that illegitimate children are under the parental
authority of the mother and follow her nationality. An
illegitimate
RA9522asdiscussedinM
agallonav.Ermita2
011EnBanc A.KindsofCitizenship child of a Filipina need
not perform
any act
to
confer
upon him
all
1. Natural-born.—Natural-borncitizensarethosewhoare the rights and privileges attached to citizens of the Philippines; he
RA 9522 is a Statutory Tool to Demarcate the Country's
automaticallyb ecomesacitizenhimself.
Maritime Zones and
Continental Shelf Under
UNCLOS III,
not
to a. citizensofthePhilippinesfrombirth
DelineatePhilippineTerritory. Vilandov.HRET2
011EnBanc
b. without having to perform any act to acquire or
UNCLOS III has nothing to do with the acquisition (or loss) of
territory. It
is
a multilateral
treaty regulating, among others, sea-use perfecttheirPhilippinecitizenship. One born to a father who has been naturalized as a Filipino himself is
rightsovermaritimezones,i.e., tobeconsidered“aFilipinocitizenborntoaFilipinofather.”
Those born
before January 17,
1973, of
Filipino mothers, who
1. the territorial waters [12 nautical miles from the elect Philippine Citizenship upon reaching the
age
of
majority Election
baselines], shallbedeemedn atural-borncitizens.
ReApplicationofChing
2. contiguouszone[24nauticalmilesfromthebaselines], 2. Naturalized. — those who have become Filipino citizens
3. exclusive economic zone [200 nautical miles from the throughnaturalization,underC A473,andbyR A530. Can a legitimate
child born under the 1935 Constitution of a Filipino
baselines]),and mother and an alien father validly elect Philippine citizenship 14
Leev.DirectorofLands yearsafterhehasreachedtheageofmajority?NO
4. continentalshelves
that
UNCLOS III delimits.
UNCLOS III and its ancillary baselines laws C.A. No. 625 which was enacted pursuant to Section 1(3), Article IV of
The constitutional proscription on alien ownership of lands of the
play no
role
in the
acquisition, enlargement or,
as
petitioners claim, the 1935 Constitution, prescribes the procedure that should be
public or private domain was intended to protect lands from
diminution of territory.
Under
traditional international law typology, followed in order
to
make a valid
election of
Philippine citizenship.
falling in the hands of
non-Filipinos. In this case,
however, there
Statesacquire(orconversely,lose)territorythrough Legitimate children born of Filipino mothers may elect Philippine
would be no more public policy violated since the land is in the
citizenshipby
1. occupation, hands of
Filipinos qualified to
acquire and
own such land. Thus, the
subsequent transfer of the property to qualified Filipinos may no a) expressing such intention in a statement to be signed and
2. accretion, sworntobythepartyconcerned
longer be impugned on the basis of the invalidity of the initial
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citizenship is
a
qualification, voting during election time, running for 6. He must have
enrolled
his
minor children of school age, in any
b) beforeanyofficerauthorizedtoadministeroaths,and
public office, and other categorical acts of similar nature are of the where Philippine history, government and civics are
c) shallbefiledwiththenearestcivilregistry. themselvesformalmanifestationsforthesepersons. taughtorprescribedaspartoftheschoolcurriculum.
The said party shall accompany the aforesaid statement with the An election of Philippine citizenship presupposes that the person
oath of allegiance to the Constitution and the Government of the D.Modesofacquiringcitizenship
electing is
an
alien;
or
his
status
is
doubtful because he is a national
Philippines. of two countries. In our jurisdiction, an attack on a person's 1. ⭐Jus sanguinis. — conferred by virtue of blood
However, the
1935
Charter only
provides
that
the
election should be citizenshipmayonlybedonethroughad irecta ction. relationship.
made "upon reaching the age of majority." Ching's election was
2. Jussoli.—conferredbyplaceofbirth.
clearly beyond, by any reasonable yardstick, the allowable period C.Whocanbecitizens
withinwhichtoexercisetheprivilege. 3. Naturalization.
Any person
having
the following qualifications may become a citizen of
Ma,etal.v.Fernandez,Jr2
010 thePhilippinesbynaturalization 4. Resjudicata.
1. He must be not less than 18
years
of
age
on
the
day
of
the ⭐Go,Sr.v.Go
ThestatutoryformalitiesofelectingPhilippinecitizenshipare:
hearingofthepetition; Cases involving issues on citizenship are sui generis. Once the
1) astatementofelectionunderoath;
2. He must have resided in the Philippines for a continuous citizenship of
an
individual is
put into question, it necessarily has to
2) an oath of allegiance to the Constitution and Government of be threshed out and decided upon. In the case of Frivaldo v.
periodofnotlessthantenyears;
thePhilippines;and Comelec, we said that decisions declaring the acquisition or denial of
This shall be understood as reduced to five years for any citizenshipcannotgovernaperson'sfuturestatusw ithfinality.
3) registration of the statement of election and of the oath
petitionerhavinganyofthefollowingqualifications:
withthenearestcivilregistry. Citizenship proceedings are a class of its own,
in
that,
unlike
other
a) Having honorably held office under the Government of cases, res judicata does not obtain as a matter of course. Res
Where, as in petitioners' case,
the
election
of
citizenship has
in
fact
been done and documented within the constitutional and statutory the Philippines or under that of any of the political judicata may be applied in cases of citizenship only if the
timeframe, the registration of
the
documents of election beyond subdivisionsthereof; followingconcur:
the
frame should be allowed if in the meanwhile positive acts of b) Having established a new industry or introduced a 1. a
person's
citizenship must be raised as a material issue in a
citizenship have publicly, consistently, and continuously been controversywheresaidpersonisaparty;
usefulinventioninthePhilippines;
done. The actual exercise of Philippine citizenship, for
over half
a 2. the Solicitor General or his authorized representative took
century by the herein petitioners, is actual notice to the Philippine c) BeingmarriedtoaFilipinowoman;
activepartintheresolutionthereof;and
public which is e quivalent to formal registration of the d) Having been engaged as a teacher in the Philippines for 3. thefindingofcitizenshipisaffirmedbythisCourt.
electionofPhilippinecitizenship. aperiodofnotlessthantwoyears;
Registration is the confirmation of the existence of
a fact.
It is e) HavingbeenborninthePhilippines. E.Modesoflosingandreacquiringcitizenship
not the registration of the act of election, although a valid
requirement under
CA. 625, that will confer Philippine citizenship 3. He must be of good moral character and believes in the Vallesv.Comelec
on the petitioners. It is only a means of confirming the fact that principlesunderlyingthePhilippineConstitution;
Under Commonwealth Act No. 63, a Filipino
citizen
may
lose
his
citizenshiphasbeenclaimed. 4. He must own real estate in the Philippines worth not less citizenship:
Cov.HRET than five thousand pesos, OR must have some known lucrative 1) Byn
aturalizationi naforeigncountry;
trade,profession,orlawfuloccupation;
The filing of a sworn statement or formal declaration is a 2) Bye
xpressr enunciationofcitizenship;
requirement for those who still
have
to
elect
citizenship. For
those 5. He must be
able
to
speak
and
write
English
or
Spanish
AND
3) By subscribing to an oath of allegiance to support the
already Filipinos when the time to elect came up, there are acts anyoneoftheprincipalPhilippinelanguages; constitution or laws of a foreign
country
upon attaining
21
of deliberate choice which cannot be less binding. Entering a yearsofageormore;
profession open only to Filipinos, serving in public office where
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c. By
collective
change
of
nationality,
en
masse
as a result of
4) By accepting commission in the military, naval or air 1) byn
aturalization,
serviceofaforeigncountry; cessionorsubjugation;
2) byr epatriation,and
5) Byc ancellationo
fthecertificateofnaturalization; d. By adoption of orphan minors as nationals of the State
3) byd
irectactofCongress.
6) By having been declared by competent authority, a deserter wheretheyareborn.
Naturalization is a mode for BOTH acquisition and
in time of war, unless subsequently, a plenary pardon or 3. Derivativen
aturalizationisconferred:
reacquisitiono
fPhilippinecitizenship.
amnestyhasbeengranted:and
Repatriation, on the other hand, may be had under various statutes a. Onthewifeofthenaturalizedhusband;
7) In
case of
a woman, upon her marriage to a foreigner, if, by
bythosewholosttheircitizenshipdueto: b. Ontheminorchildrenofthenaturalizedparent;and
virtue of the laws in force in her husband’s country, she
acquireshisnationality. 1) desertionofthearmedforces;
c. Onthealienwomanuponmarriagetoanational.
In the case of Aznar v. Comelec, the Court
ruled that
the
mere
fact 2) service
in
the
armed
forces of the allied forces in World War
II; 4. Under existing laws, an alien may acquire Philippine
that respondent was a holder of a certificate stating that he is an
citizenshipthrougheither
American did not mean that he is no longer a Filipino, and
that
an 3) service in
the
Armed
Forces
of the United States at any other
application for an
alien
certificate of registration was not tantamount time; a. Judicialn
aturalizationunderC
ANo473aabR
ANo530or
torenunciationofhisPhilippinecitizenship. 4) marriageofaFilipinowomantoanalien;and b. Administrativen
aturalizationunderR
ANo9139.
And, in Mercado v. Manzano, it was held that the fact that 5) politicalandeconomicnecessity. 5. In
our
jurisdiction, an
alien
woman married to
a Filipino shall
respondent was
registered
as
an
American citizen in the BID and was
As distinguished from the lengthy process of naturalization, acquire his citizenship only if she herself might be lawfully
holding an American passport were just a
ssertions of his American repatriationsimplyconsistsof
nationalitybeforetheterminationofhisAmericancitizenship. naturalized. Thus, derivative naturalization does not always
1) the taking
of
an
oath
of
allegiance
to
the
Republic
of
the followasamatterofcourse.
Thus, the
mere fact
that
herein private respondent was a holder of an Philippinesand
Australian passport and
had an alien certificate of registration are not RANo8171
2) registering said oath in the Local Civil Registry of the
acts constituting an effective renunciation of
citizenship and
do
not
placewherethepersonconcernedresidesorlastresided. Coquillav.Comelec
militateagainstherclaimofFilipinocitizenship.
Moreover, repatriation results in the recovery of the
In the case at bar, petitioner lost his domicile of origin in Oras by
BengsonIIIv.HRET originalnationality.
becoming a U.S. citizen after
enlisting in
the U.S. Navy in 1965. From
Having thus
taken
the
required oath of allegiance to the Republic and then on and until 2000, when he reacquired Philippine citizenship,
To be naturalized, an applicant has to prove that he possesses all the having registered the same in the Civil Registry, Cruz is deemed to petitioner was an alien
without any right to
reside in the Philippines
qualifications and
none of
the disqualifications provided by
law have recovered his original status as a natural-born citizen, a save as our immigration laws may have allowed him to stay as a
to become a Filipino citizen. The decision granting Philippine statuswhichheacquiredatbirthasthesonofaFilipinofather. visitororasaresidentalien.
citizenship becomes executory only after two (2) years from its
promulgation when the
court is satisfied that during the intervening In
Caasi v.
CA, this
Court
ruled
that
immigration to the United States
period,theapplicanthas Naturalization by virtue of
a “greencard,”
which entitles one to reside permanently
1) notleftthePhilippines; 1. It
is
a process by
which a foreigner
acquires, voluntarily or by in that country, constitutes abandonment of domicile in the
Philippines. With more reason then does naturalization in a
2) hasdedicatedhimselftoalawfulcallingorprofession; operation of law, the citizenship of another state. It may be
foreign country result in an abandonment of domicile in the
3) has not been convicted of any offense or violation of directo rderivative.
Philippines.
Governmentpromulgatedrules;or 2. Directn
aturalizationiseffected:
Here, petitioner was repatriated not under R.A.
No. 2630,
but under
4) committed any
act
prejudicial
to the interest of the nation or a. Byindividualproceedings,usuallyjudicial; R.A.
No. 8171, which provides for the repatriation of, among others,
contrarytoanyGovernmentannouncedpolicies. natural-born Filipinos who lost their citizenship on account of
b. Byspecialactoflegislature;
Filipino citizens who have lost their citizenship may however political or economic necessity. Until his reacquisition of
reacquiret hesame: Philippine citizenship in
2000,
petitioner did not
reacquire his
legal
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residenceinthiscountry. HouseofRepresentatives
Unlike those with dual
allegiance, who must,
therefore, be subject to
strict process with respect to the termination of their status, for Districtrepresentatives
Tabasav.CA candidates with dual citizenship, it should suffice if, upon the
Party-listsystem
filing of their certificates of candidacy, they elect Philippine
The only persons entitled to repatriation under RA 8171 are the
citizenship to terminate their status as persons with dual C.Legislativeprivileges,inhibitions,anddisqualifications
following:
citizenship.
D.Quorumandvotingmajorities
1. Filipino women who lost their Philippine citizenship by
By electing Philippine citizenship, such candidates at the same
marriagetoaliens;and E.Disciplineofmembers
time forswear allegiance to the
other
country of
which they
are
2. Natural-born Filipinos including their minor children who alsocitizensandtherebyterminatetheirstatusasdualcitizens. F.Processoflaw-making
lost their
Philippine
citizenship
on
account of political
or
economicnecessity. G.ElectoralTribunalsandtheCommissiononAppointments
RANo9225ortheCitizenshipRetention
Petitioner was
no
longer a minor at the time of his "repatriation". The andRe-acquisitionActof2003 H.PowersofCongress
privilege under RA 8171
belongs to children who are of minor age I.InitiativeandReferendum
atthetimeofthefilingofthepetitionforrepatriation. Nicolas-Lewisv.Comelec
Neither can
petitioner be
a natural-born Filipino who left the country There is no provision in the dual citizenship law — R.A. 9225 —
due to political or economic necessity. Clearly, he lost his requiring "duals" to
actually establish residence and
physically stay A.Legislativepower
Philippine citizenship by operation of law and not due to political inthePhilippinesfirstbeforetheycanexercisetheirrighttovote. Legislative power has been defined not only as the power to
or economic exigencies. Thus, petitioner is not qualified to avail pass laws
but
also
the power to alter or modify them. It also covers
himself of repatriation under RA 8171. However, he can possibly Calilungv.Datumanong the amendment of existing legislations and that would still be
reacquire Philippine citizenship by availing of the Citizenship encompassedaslegislativepower.
Retention and Re-acquisition Act of 2003 by simply taking an What RA
No.
9225
does
is
allow dual
citizenship to natural-born
oathofallegiancetotheRepublicofthePhilippines. Filipino citizens
who
have lost
Philippine citizenship by reason GeneralPlenaryPowers.—T helegislativepowershallbevested
oftheirnaturalizationascitizensofaforeigncountry. intheCongressofthePhilippineswhichshallconsistofaSenate
andaHouseofRepresentatives,e xceptt otheextentreservedtothe
F.DualCitizenshipandDualAllegiance On
its
face,
it
does not
recognize dual allegiance. By swearing to the peoplebytheprovisiononinitiativeandreferendum.(Sec1Art
Section
5. Dual
allegiance of citizens is inimical to the national interest supreme authority of
the Republic, the person implicitly renounces VI)
andshallbedealtwithbylaw. his
foreign citizenship. Plainly, from Section 3,
RA No. 9225 stayed
clear out
of
the problem of
dual
allegiance and shifted the
burden of ExpressLimitations
Mercadov.Manzano confronting the issue of
whether or not there is dual allegiance to the
1. Sec 26. Every
bill
passed
by
the
Congress
shall
embrace only
concernedforeigncountry.
Dual citizenship is different from dual allegiance. The former onesubjectwhichshallbeexpressedinthetitlethereof.
arises when, as
a result of
the concurrent application of the different Section 5, Article IV of the Constitution is a declaration
of
a policy
laws
of
two
or
more states, a person
is
simultaneously considered a and
it
is
not
a self-executing provision. The
legislature still has
to 2. Sec
28(4). No
law
granting any
tax
exemption shall
be passed
nationalbythesaidstates. enactalawondualallegiance. without
the
concurrence of a majority of all the Members of the
Congress.
Dual allegiance, on
the
other hand, refers to the situation in which a
person simultaneously owes, by some positive act, loyalty
to
two 3. Sec 30. No law shall be passed increasing the appellate
or
more states.
While dual
citizenship is involuntary, dual allegiance
V.LEGISLATIVEDEPARTMENT jurisdiction of the Supreme Court as provided in this
istheresultofanindividual'svolition. Constitutionwithoutitsadviceandconcurrence.
A.Legislativepower
With respect to dual allegiance, Article IV, §5 of the Constitution 4. Sec 31. No law granting a title
of
royalty
or
nobility
shall
be
provides: "Dual allegiance of
citizens
is
inimical to
the national B.ChambersofCongress enacted.
interestandshallbedealtwithbylaw."
Senate
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Fabianv.Desierto
Senate
The title of the
bill
is
not
required to be
an index to
the
body of
the
act, or to
be as
comprehensive as to cover every single detail of
the 1) The Senate shall be composed of 24 Senators who shall be
Section 27 of Republic Act No. 6770 cannot validly authorize an
measure. It has been held that
if
the title fairly indicates the
general electeda tlargebythequalifiedvoters.
appeal to
this Court from
decisions of
the
Office
of
the
Ombudsman
subject, and reasonably covers all the provisions of the act, and is not
in administrative disciplinary cases. It consequently violates the 2) The
term
of
office
of
the
Senators
shall
be 6 years. No Senator
calculated to
mislead the
legislature or the people, there is sufficient
proscription in Section 30, Article VI of the Constitution against a law shallserveformorethant woconsecutiveterms.
compliancewiththeconstitutionalrequirement.
whichincreasestheAppellatejurisdictionofthisCourt.
HouseofRepresentatives
Prohibitiononpassageofirrepealablelaws
Principleofnon-delegability 3) The Members of
the
House of
Representatives shall be
elected
CityofDavaov.RTCBrXII-DavaoCity ⭐Twotestsofvaliddelegationin for a term of 3 years xxx. No Member of the House of
Acostav.Ochoa2019EnBancLeonen,J Representatives shall serve for more than 3 consecutive
It is a basic precept that
among
the
implied
substantive limitations
on the legislative powers is the prohibition against the passage of terms.xxxx
As an exception to the non-delegation of legislative power,
irrepealable laws. Irrepealable laws deprive succeeding legislatures Congress has
historically delegated to the chief of the police force the Districtrepresentativesandquestionsofapportionment
of the fundamental best senses carte blanche in crafting laws power to approve or disapprove applications for
license to
possess
appropriatetotheoperativemilieu. ordealwithfirearms. AquinoIIIv.Comelec2
010EnBanc
The completeness test requires that
the law
to
be
implemented be There is
no specific provision in the Constitution that fixes a 250,000
Kidav.SenateofthePhilippines2011EnBanc complete and should set forth therein the policy to be executed, minimum population that
must compose a legislative district. While
Does the requirement of a supermajority vote for amendments or carried out or implemented by the delegate. On the other
hand,
the a province is entitled to at least a representative, with nothing
revisions to RA No. 9054 violate Secs 1 and 16(2), Art VI and the sufficient standard test requires that the law to be implemented mentioned about population, a city must first meet a population
corollarydoctrineonirrepealablelaws? contain adequate guidelines to map out the boundaries of the minimumof250,000inordertobesimilarlyentitled.
delegate's authority. To be sufficient, the standard must specify
the
YES. While
a supermajority is
not
a total
ban
against
a repeal, it is a limits of
the
delegate's
authority, announce the legislative policy, and Plainly read, Section 5(3)
requires a 250,000 minimum population
limitation in excess of what the Constitution requires on the identifytheconditionsunderwhichitistobeimplemented. only
for a city
to
be
entitled
to a representative, but not so for a
passage of bills and is constitutionally obnoxious because it province.
significantly constricts the future legislators' room for action and RA
No.
10591 sets
forth a sufficient
standard found in Section 2. It
flexibility. lays down the State policy to "maintain peace and order and Population is
not
the
only
factor
but is just one of several other
protect the people against violence" by providing "a factorsinthecompositionoftheadditionaldistrict.
ProceduralLimitations comprehensive law regulating the ownership, possession, carrying,
manufacture, dealing in
and importation of firearms, ammunition, or
PhilJudgesAssociationv.Prado Aldabav.Comelec2
010EnBancResolution
partsthereof."
Thepurposesoftheo
nesubject–onetitler uleare: The constitutionality of a legislative
apportionment
act
is
a judicial
B.ChambersofCongress question,andnotapoliticalone.
1) topreventhodge-podgeor"l og-rolling"legislation;
2) to
prevent
surprise or
fraud upon the legislature by means Semav.Comelec Aside from failing to comply with Section 5(3), Article VI on the
of
provisions in
bills
of
which the
title
gives
no
intimation, population requirement, the creation by
RA
9591 of
a legislative
The office of a legislative district representative to Congress is a
and which
might therefore be overlooked and carelessly and district for Malolos City, carving the city from the former 1st
unintentionallyadopted;and national office, and its occupant, a Member of the House of
District, leaves the town of Bulacan isolated from the rest of the
Representatives, is a n ational official. It would be incongruous
3) to fairly apprise the people, through such publication of geographic mass of that district. This contravenes the requirement
for a regional legislative body like the
ARMM Regional
Assembly to
legislative proceedings as is
usually
made, of
the subject
of in Section 5(3), Article VI that each legislative district shall
create a national office
when its legislative
powers extend only to its
legislation that is being considered, in order that they
may "comprise, as far as practicable, contiguous, compact, and
regionalterritory.
have the opportunity of being heard
thereon, by
petition or
adjacentterritory."
otherwise,iftheyshallsodesire.
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Bagabuyov.Comelec minimum population requirement of 250K. Section 3 of the The formula, therefore, for
computing the
number
of
seats
to
which
Ordinance appended to the Constitution provides that a city whose thefirstpartyisentitledisasfollows:
Legislative apportionment is defined as the determination of the population has increased to more than 250K shall be
entitled to
at
number of
representatives which a State, county or other subdivision leastonecongressionalrepresentative. N umber of votes of f irst party
maysendtoalegislativebody. T otal votes f or party −list system = P roportion of votes of 1st party
Reapportionment, on the other hand, is the realignment or change Aldabav.Comelec2
010EnBancDecision
The next step is to
solve
for
the
number
of
additional
seats
that
the
in legislative districts brought about by changes in
population
and
Intercensal demographic projections cannot be made for the entire other qualified parties are entitled to, based on proportional
mandated by the constitutional requirement of equality of
year. In
any event,
a city whose
population has increased to 250,000 representation.
representation.
is entitled to have a legislative district only in the "immediately
N o. of votes of party
A
pronounced distinction between Article VI, Section 5 and, Article X, followingelection"aftertheattainment. Addt′l seat = N o. of votes of f irst party × N o. of additional seats of 1st party
Section 10 is
on
the
requirement a plebiscite. The
of Constitution
First, certifications on demographic projections can be issued
and the
LGC expressly require
a plebiscite to
carry
out
any
creation, only if such projections are declared official by the National BantayRA7941v.Comelec2
007EnBanc
division, merger, abolition or alteration of boundary of an LGU. In StatisticsCoordinationBoard(NSCB).
contrast, no plebiscite requirement exists under the apportionment Comelec has
a constitutional
duty
to
disclose
and
release the names
orreapportionmentprovision. Second, certifications based on demographic projections can be of the nominees of the party-list groups named in the herein
issued only by the NSO Administrator or his designated petitions.
A
legislative apportionment does not mean, and does not even imply, certifyingofficer.
a
division of
an
LGU
where the apportionment takes place. Thus, the CIBACv.Comelec2
007EnBanc
plebiscite requirement that
applies to the division of a province, city, Third, intercensal
population
projections
must
be
as
of
the middle
municipality or
barangay under the LGC should not apply to and be a ofeveryyear. In
determining the
number
of additional
seats for each party-list that
requisite for the validity of a legislative apportionment or has met the 2% threshold, "proportional representation" is the
reapportionment. Party-listsystem touchstonetoascertainentitlementtoextraseats.S eeBANAT
Equalityofrepresentation. Shall constitute 20% of the total number of representatives AngBagongBayaniv.Comelec2
001EnBanc
The law clearly provides that the basis for districting shall be the includingthoseunderthepartylist.
1. The political party, sector, organization or coalition must
number of the inhabitants of a city or a province, not the VeteransFederationPartyv.COMELEC2
000EnBanc
represent the marginalized and underrepresented groups
number of registered voters therein. The Constitution does not
RA No. 7941 mandates at least four inviolable parameters. identified in Section 5 of RA 7941. Verily, majority of its
require mathematical exactitude or
rigid equality as a standard membership should belong to the marginalized and
Theseare:
ingaugingequalityofrepresentation. underrepresented.
1. First, the twenty percent allocation — Section 5 (2),
Article VI
is
not
mandatory.
It
merely
provides a ceiling for 2. DisqualificationsunderSec6ofRA7941:
Mariano,Jr.v.Comelec
party-listseatsinCongress. a. It is a religious sect or denomination, organization or
Petitioners have not demonstrated that the delineation of the land associationorganizedforreligiouspurposes;
2. Second, the two percent threshold — as qualified by
area of the proposed City of Makati will cause confusion as
to
its
BANAT b. Itadvocatesviolenceorunlawfulmeanstoseekitsgoal;
boundaries. Section
2 stated
that
the
city's
land
area “shall comprise
thepresentterritoryofthemunicipality.” 3. Third,t hethree-seatlimit; c. Itisaforeignp
artyororganization;
Even granting that the p
opulation of Makati stood at 450K, its 4. Fourth,p
roportionalrepresentation. d. It is receiving support from any foreign government,
legislative district may still be increased since it has met the politicalparty,foundation,organization;
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e. It violates or fails to comply with laws, rules or regulations one party-list seat for every four existing legislative A political party that fields candidates in legislative district
relatingtoelections; districts. elections can participate in
party-list
elections only through its
f. Itdeclaresu
ntruthfulstatementsinitspetition; 2. Garnering two percent of the total votes cast in the sectoral wing that can separately register under the party-list
party-list elections guarantees a party-list organization system. The sectoral wing is by itself an independent
g. Ithasceasedtoexistforatleastone(1)year;or
oneseat. sectoral party, and is linked to a political party through a
h. It fails to
participate in
the last two
(2)
preceding elections 3. The additional seats shall be distributed to
the
party-list coalition.
or fails to obtain at least two percentum (2%)
of
the
votes organizations including those that received less than two 3. Sectoralpartiesororganizationsmayeitherbe
cast under the party-list system in the two (2) preceding percentofthetotalvotes. a. “marginalized and underrepresented” — labor,
electionsfortheconstituencyinwhichithasregistered.
The continued operation of the two percent
threshold as
it peasants, fisherfolk, urban poor, indigenous cultural
3. The party or organization must NOT be an adjunct of, or a
applies to the allocation of the additional seats is now communities, handicapped, veterans, and overseas
project organized or an entity funded or assisted by, the unconstitutional. workers;or
government.
The additional seats shall be distributed
to
the
parties
in
a b. lacking
in
“well-defined
political
constituencies.” —
4. The party must not only comply with the requirements of the
second round of seat allocation until all available professionals,theelderly,women,andtheyouth.
law;itsn
omineesmustlikewisedoso.
seatsarecompletelydistributed. 4. A
majority of
the
members of sectoral parties must belong
5. Not only the candidate party or organization must represent
4. Thethree-seatcapisconstitutional. to the “marginalized and underrepresented” sector they
marginalized and underrepresented sectors; so also must its represent. Same rule applies to sectors that lack “well-defined
nominees. politicalconstituencies.”
PhilGuardiansBrotherhoodv.Comelec2
010EnBanc
6. While lacking a well-defined political
constituency, the nominee Thenomineesofsectoralpartiesororganizationseither
must likewise be able to contribute to the formulation and The COMELEC may motu
proprio
or
upon verified
complaint of
any
interested party, remove or
cancel, after
due
notice and hearing, the a. mustbelongtotheirrespectivesectors,or
enactment of appropriate legislation that
will
benefit
the
nation
asawhole. registration of any national, regional or sectoral party, organization or b. must have a track record of advocacy for their
coalitionifit: respectivesectors.
BANATv.Comelec2
009EnBancDecisionandResolution a) failstoparticipateinthelasttwo(2)precedingelections;or The nominees of national and regional
parties
or
organizations
There
is
no
need for
legislation to
create an additional party-list seat b) fails to
qualify
for
a seat
in
the
two
preceding
elections mustbebona-fidem embersofsuchpartiesororganizations.
whenever four additional legislative districts are created by law. fortheconstituencyinwhichitregistered.
Section 5(2), Article VI of the 1987 Constitution automatically C.Legislativeprivileges,inhibitions,
createssuchadditionalparty-listseats.
AtongPaglaumv.Comelec2
013EnBanc anddisqualifications
The filling-up of
all
available party-list seats
is
not
mandatory.
Actual occupancy of the party-list seats depends on the number of 1. National parties or organizations and regional parties or Privileges
participantsintheparty-listelection. organizations do not need
to
organize
along
sectoral
lines
and Freedomf romArrest
do not need to represent any “marginalized and
There are four parameters in a Philippine-style party-list election Sect 11. A Senator or Member of the House of Representatives
underrepresented”sector.
system: shall, in all offenses punishable by not more than six years
1. Twenty percent of the
total
number
of
the
membership of 2. Political parties can
participate in
party-list
elections provided
imprisonment, be privileged from arrest while the Congress is in
the House is the maximum number of seats available to they register under the party-list system and do not field session.
party-list organizations, such that there is automatically candidatesinlegislativedistrictelections.
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No Member shall be questioned nor be held liable in any other unable to discharge the powers and duties of his office, the
RestrictionsandProhibitions Vice-President shall act as President;
otherwise, the President
place for
any
speech or
debate
in
the Congress or in any committee
thereof. 1) No Senator or Member of the House of Representatives may shallcontinueexercisingthepowersanddutiesofhisoffice.
hold any other office or employment in the Government, or any 2. Sec 9. Whenever there is a vacancy in the Office of the
TrillanesIVv.Castillo-Marigomen2 018 subdivision, agency, or instrumentality thereof, including Vice-President during the term for which he was elected, the
The questioned statements in this case were admittedly made in GOCCs or
their
subsidiaries, during
his
term without forfeiting President shall nominate a Vice-President from among the
response to queries from the media during gaps in the Senate's hisseat.(I ncompatibleoffice) Members of the Senate and
the
House of
Representatives who
plenary and committee hearings, thus, beyond the purview of 2) Neither shall he be appointed to any office which
may
have shall assume office upon confirmation by a majority
vote of
privilegedspeechordebateunderSection11,ArticleVI. been created or the emoluments thereof increased during the ALL the Members of both Houses of the Congress, voting
Petitioner cannot successfully invoke parliamentary termforwhichhewaselected.(F orbiddenoffice) separately.
nonaccountability to insulate his statements, uttered outside the Votingjointly
"sphereoflegislativeactivity,"fromjudicialreview. Libanv.Gordon
1. Art VII
Sec 18.
xxxx
The Congress, voting jointly, by a vote of
PrivilegeofSpeechandDebate
Not being a government official
or
employee, the PNRC Chairman, as at least a majority of ALL its Members in regular or
special
such, does not hold a government office or employment. We hold that
session, may revoke such proclamation or suspension, which
TrillanesIVv.Pimentel,Sr. the office of the PNRC Chairman is not a government office or an
office in
a GOCC for purposes of the prohibition in Section 13, Article revocationshallnotbesetasidebythePresident.xxxx
The performance of legitimate and even essential duties by public VIofthe1987Constitution. E.Disciplineofmembers
officers has never
been an excuse
to
free a person validly
in
prison.
The
duties imposed by the "mandate of
the people" are multifarious. 1. Sec 16(3). Each House may xxxx punish its Members for
Appearanceascounsel
Never has the call of a particular duty lifted
a prisoner into
a
different classification from those others who are validly disorderly behavior,
and,
with concurrence of two-thirds
the
Puyatv.deGuzman of ALL its
Members, suspend or
expel
a Member. A penalty
of
restrainedbylaw.
Ordinarily, by virtue of the Motion for Intervention, Assemblyman suspension,whenimposed,shallnotexceeds ixtydays.
Pobrev.Santiago Fernandez cannot be
said to
be
appearing as
counsel. Ostensibly, he
is
not
appearing on
behalf of another, although he is joining the cause Santiagov.Sandiganbayan
Courts do not interfere with the legislature or its
members in oftheprivaterespondents.
The authority of the Sandiganbayan to order the preventive
the manner they perform their functions in the legislative floor
We are constrained to find that there has been an indirect "appearance suspension of
an
incumbent public
official
charged with violation of
or in committee rooms. Any claim of an unworthy purpose or of the
as counsel before
x x x an
administrative
body"
and, in
our
opinion, the provisions of RA No. 3019 has both legal and jurisprudential
falsity and
mala fides of
the
statement uttered
by the member
of the
that is
a circumvention of the Constitutional prohibition. That which support.
Congress does not destroy the privilege. The disciplinary authority of
the assembly and the
voters, not
the
courts,
can properly discourage the Constitution directly prohibits may not be done by
RA No. 3019 does not exclude from its coverage the members of
or correct such abuses committed in the name of parliamentary indirection or by a general legislative act which is intended to
Congress and that, therefore, the Sandiganbayan did not err in thus
immunity. accomplishtheobjectsspecificallyorimpliedlyprohibited.
decreeingtheassailedpreventivesuspensionorder.
For the above
reasons, the
plea
of
Senator
Santiago
for
the dismissal D.Quorumandvotingmajorities F.Processoflaw-making
of
the complaint for
disbarment or
disciplinary
action
is
well taken.
Indeed, her privilege speech is not actionable criminally or in a Votingseparately
disciplinaryproceedingundertheRulesofCourt. SubjectandTitle
1. Sec
11(4). If
the
Congress,
within
ten
days
after
receipt
of
the
last written declaration, or, if not in session, within twelve days DelaCruzv.Paras
after it is required to assemble,
determines a two-thirds
by The
title was not in any way altered. It was not changed one whit. The
vote of both Houses, voting separately, that the President is exact wording was followed. The power granted remains that of
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regulation, not prohibition. There is thus support for the view It is not the law – but the revenue bill – which
is
required
by
the generalappropriationslawfortheirrespectiveoffices.
advanced by petitioners that to construe Republic Act No. 938 as Constitution to "originate exclusively" in the House of
To comply with the first requisite, the GAAs should expressly
allowing the prohibition of the operation of night clubs
would give Representatives.
authorizethetransferoffunds.Savingsshouldbea ctual.
rise to a constitutional question. The
Constitution mandates: "Every
Nor does the Constitution prohibit the filing in the Senate of a
bill shall embrace only one subject which shall be expressed in
the The power to augment was to
be
used
only when the purpose for
substitute bill in anticipation of its receipt of the bill from the
title thereof." Since
there is
no dispute as the title limits the power to which the funds had been allocated were already satisfied, or
House, so
long
as
action
by
the
Senate as a body is withheld pending
regulating, not
prohibiting, it would result in the statute being invalid the need
for such funds had ceased to
exist, for only
then
could
receiptoftheHousebill.
if, as was done by the Municipality of Bocaue, the operation of a night savingsbeproperlyrealized.
clubwasprohibited.
Demetriav.Alba According to Philconsa v. Enriquez, impoundment refers to a
Astospecificlaws refusal by the President, for whatever reason, to spend funds made
The
purpose and conditions for which funds may be transferred were available by Congress. It is the failure to spend or obligate budget
1. Art VII Sec 22. The President shall submit to the Congress, specified,i.e. authorityofanytype.
within thirty days from the opening of every regular session as 1. transfer may be allowed for the purpose of
augmenting It
is the President who proposes the budget but it is Congress that has
the basis of the general appropriations bill, a budget of anitemand the final say on matters of appropriations. For this purpose,
expenditures and sources of financing, including receipts appropriationi nvolvestwogoverningprinciples,namely:
2. such transfer
may be
made
only
if
there are
savings
from
fromexistingandproposedrevenuemeasures.
another item
in
the
appropriation of
the
government branch 1) a Principle of the Public Fisc, asserting that all monies
2. Art VI Sec 24. All appropriation, revenue or
tariff
bills,
bills orconstitutionalbody. received from whatever source by any part of the
authorizing increase of the public debt, bills of local governmentarepublicfunds;and
application, and private bills, shall originate exclusively in AbakadaGurov.Ermita 2) a Principle of Appropriations Control, prohibiting
the
House of Representatives, but the Senate may propose or expenditure of any public money without legislative
Since there is
no question that the revenue bill exclusively originated
concurwithamendments. authorization.
in
the House, the Senate was acting within its constitutional power to
3. Sec 25. The Congress may not increase the appropriations introduce amendments to
the House bill when it included provisions OnCross-borderaugmentations
recommended by the President for the operation of the in
Senate Bill No. 1950 amending corporate income taxes, percentage,
Section 25(5) has
delineated borders between their offices, such that
Governmentasspecifiedinthebudget. excise and franchise taxes. The sections
introduced by the Senate are
funds appropriated for one office are prohibited from crossing
over
germane to the subject matter and purposes of the house bills, which
4. No provision or enactment shall be embraced in the general to
another office
even in the guise of augmentation of a deficient item
is
to
supplement our country’s fiscal deficit, among others. Thus, the
appropriations bill unless it relates specifically to some or
items. Cross-border transfers, whether as
augmentation, or as aid,
Senateactedwithinitspowertoproposethoseamendments.
werep rohibitedu nderSection25(5).
particular appropriation therein. Any such provision or
enactment shall be
limited in its operation to the appropriation Araullov.AquinoIII2 014EnBanc Porkbarrelsystem
towhichitrelates.
The transfer of appropriated funds, to be valid under Section Belgicav.Ochoa2
013EnBanc
5. No law shall be passed authorizing any transfer of 25(5) must be made upon a concurrence of the following
appropriations; however, the President, the President of
the The Legislative branch of government, much more any of its
requisites,namely:
members, should not cross over the field of implementing the
Senate, the Speaker of the House of Representatives, the
Chief
1) There is
a law authorizing the President, the President of the national budget since, as earlier stated, the same is properly the
Justice of the Supreme Court, and the heads of Constitutional Senate, the Speaker, the Chief Justice, and the heads of the domain of the Executive. Upon approval and passage of the GAA,
Commissions may, by law, be authorized to augment any item Constitutional Commissions to transfer funds within their Congress‘ law-making role necessarily comes to an end and from
in the general appropriations law for their respective offices respectiveoffices; there the Executive‘s role of implementing the national budget
froms avingsi notheritemsoftheirrespectiveappropriations. 2) The funds to be transferred
are savings generated from the begins.
appropriationsfortheirrespectiveoffices;and The foregoing cardinal postulates were definitively enunciated in
Tolentinov.SOF
3) The purpose of the transfer is to augment an item in the Abakada where the Court held that from the moment the law
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becomes effective, any provision of law that empowers Congress 1. The Senate may not elect, as members of the Senate Electoral Once a winning candidate has
been
proclaimed, taken his
oath,
or
any
of
its
members to play any role in the implementation or Tribunal, those Senators who have not been nominated by and assumed office as a Member of the House of
Representatives,
enforcement of the law violates the principle of separation of thepoliticalpartiesspecifiedintheConstitution; the jurisdiction of
the
HRET begins
over election contests relating
powersandisthusunconstitutional. to his election, returns, and
qualifications, and
mere allegation as
2. The party having the largest number of
votes
in
the
Senate to the invalidity of her proclamation does not divest the
The Court must therefore abandon its ruling in Philconsa which maynominatenotmorethanthree(3)members; ElectoralTribunalofitsjurisdiction.
sanctioned the
conduct
of
legislator
identification on
the
guise
3. The party having the
second
largest number of
votes
in
the
that the same is merely recommendatory and, as such,
Senate has
the exclusive right to nominate the other three (3) Reyesv.Comelec2
013EnBanc
respondents‘relianceonthesamefaltersaltogether.
members;
Procedureforpassageofbills 4. Neither these three (3) Senators, nor any of them, may be Contrary to petitioner’s claim the COMELEC retains jurisdiction
for
nominated by a person or party other than the one having thefollowingreasons:
Tolentinov.SOF the second largest number of votes in the Senate or its First, the HRET does not acquire jurisdiction over the issue of
The presidential certification dispensed with the
requirement not representativetherein; petitioner’s qualifications, as well as over the assailed COMELEC
only
of
printing
but
also that of reading the bill on separate days. The 5. The Committee on Rules for the Senate has no standing
to Resolutions,unlessapetitionisdulyfiledwithsaidtribunal.
phrase "except when the President certifies to the necessity of its validlymakesuchnomination.
Second, the
jurisdiction
of
the
HRET
begins
only
after
the
candidate
immediate enactment, etc."
in
Art VI,
§26(2)
qualifies the
two
stated isconsideredaMemberoftheHouse.
conditionsbeforeabillcanbecomealaw: Powers
In Vinzons-Chato v. COMELEC, citing Aggabao v. COMELEC and
1) thebillhaspassedthreereadingsonseparatedaysand Dueñas,Jr.v.HRET
Guerrero v. COMELEC, the Court ruled that once a winning candidate
2) it
has
been
printed in
its
final
form
and distributed three So long as
the Constitution grants the
HRET the
power
to be the sole has been proclaimed, taken his oath, and assumed office as a
daysbeforeitisfinallyapproved. judge of all contests relating to the election, returns and Member of the
House of Representatives, the COMELEC’s jurisdiction
qualifications of members of
the House of
Representatives, any final over election contests relating to his election, returns, and
Art VI §26(2) must, therefore, be construed as referring only to bills qualificationsends,andtheHRET’sownjurisdictionbegins.
action taken by the
HRET
on a matter within its jurisdiction shall, as
introduced for
the first time in either house of Congress, NOT to
arule,notbereviewedbythisCourt. To be considered a Member of the House, there must be a
theconferencecommitteereport.
It
is
hornbook doctrine that
jurisdiction, once acquired, is not lost at concurrenceofthefollowingrequisites:
G.ElectoralTribunalsandtheCommissionon the instance of
the
parties but continues until the case is terminated. 1) avalidproclamation,
Appointments Thus, in Robles v. HRET, the Court ruled that the
mere filing of
the
2) aproperoath,and
motion to
withdraw protest on the
remaining uncontested precincts,
NatureofElectoralTribunals without any action on the part of respondent tribunal, does not by 3) assumptionofoffice.
1. Sole Judge. Not
subject to
appeal. May
only be questioned via itselfdivestthetribunalofitsjurisdictionoverthecase. Here, the
petitioner
cannot
be
considered
a Member
of
the
House
of
Certiorari petition to the SC. Its exercise of power is intended to Representativesbecause,primarily,shehasnotyetassumedoffice.
beitsown—full,completeandunimpaired. Barbersv.Comelec
Beforethereisavalidorofficialt akingoftheoathitmustbemade
2. Contests. May only be filed by one who seeks to
replace
the In Pangilinan v. Comelec, we ruled that “where the candidate has 1) beforetheSpeakeroftheHouseofRepresentatives,and
protestee. already been proclaimed winner in the congressional elections,
the
2) inopensession.
3. Members. Electoral
tribunal acquires jurisdiction upon taking remedy of
petitioner is
to
file
an
electoral protest with the Electoral
TribunaloftheHouseofRepresentatives.” Here, although she made the oath
before
Speaker Belmonte, there
is
of oath and assumption of office of the proclaimed winner.
no
indication that it was made during plenary or in open session and,
Priortoassumption,COMELEChasjurisdiction. Certiorari and prohibition will not lie in this case considering that
thus, it remains unclear whether the required oath of office was
there is an available
and
adequate
remedy in
the
ordinary course of
Composition
indeedcompliedwith.
lawtoannultheCOMELEC’sassailedproceedings.
Tanadav.Cuenco
Limkaichongv.Comelec
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CommissiononAppointments discretion. other public ministers and consuls, officers of the armed
forces from the rank of colonel or
naval
captain,
and other
Guingona,Jr.v.Gonzales Pimentelv.HRET officers whose appointments are vested in him in this
Constitution;
It has been established that the legality of filling up the Under Section 17,
Article VI
each chamber of
Congress exercises
the
membership of the Commission on Appointments is a 2. Second, all other officers of the Government whose
power to
choose, within constitutionally defined limits, who
among appointmentsarenototherwiseprovidedforbylaw;
justiciableissueandnotapoliticalquestion. their
members would occupy the
allotted
6 seats of each chamber’s
respectivee lectoraltribunal. 3. Third, those whom
the
President
may
be
authorized by law
We do
not
agree with
respondents' claim that it is mandatory to elect
toappoint;
12 Senators to the Commission on Appointments. The Constitution Thus, even assuming that party-list representatives comprise a
does not contemplate that the Commission on Appointments must 4. Fourth, officers lower in rank whose appointments the
sufficient number and have agreed to designate common nominees to
necessarily include twelve (12) senators and twelve (12) members of CongressmaybylawvestinthePresidentalone.
the HRET and the CA, their primary recourse clearly rests with
the
the House of
Representatives. What the
Constitution requires
is
that House of Representatives and not
with
this
Court.
Only if
the
House The first
group of
officers
is
clearly appointed with the consent
therebea tleastamajorityoftheentiremembership. of
the CA. Appointments of such officers are initiated by nomination
fails to comply with the directive of the Constitution on
proportional representation of political parties in the HRET and,ifthenominationisconfirmedbytheCA,thePresidentappoints.
Cosetengv.Mitra and the CA can the party-list representatives seek recourse to this The second,
third and
fourth
groups of
officers are the
present
bone
A political party must have
at
least two
senators in
the
Senate to Court under its power of judicial review. Under the doctrine of of contention. By following the accepted rule in constitutional and
be able
to have a representative in the Commission on Appointments, primaryjurisdiction,priorrecoursetotheHouseisnecessary. statutory construction that an express enumeration of subjects
so that any number less than 2 will not entitle such a party a The discretion of
the
House
to
choose
its
members to
the HRET and excludes others not enumerated, it would follow that only those
membershipintheCommissiononAppointments. the CA is not absolute, being subject to the mandatory appointments to
positions expressly stated in the first group require
constitutionalruleonproportionalrepresentation. theconsent(confirmation)oftheCA.
Dazav.Singson Here,
it
is evident
that the position of Commissioner of the Bureau of
MartinezIIIv.HRET2
010EnBanc Customs (a bureau
head) is
not
one
of those within the first group of
We resolve the issue in favor of the authority of the House of appointmentswheretheconsentoftheCAisrequired.
Representatives to change its representation in the Commission on What needs to
be
stressed at
this
point
is
the
apparent failure of
the
Appointments to
reflect
at
any time the changes that may transpire in HRET to
give weight to
relevant circumstances that
make the
will of H.PowersofCongress
the
political alignments of its membership. It is understood that such the electorate determinable, following the precedent in Bautista.
changes must be permanent and do not include the temporary Respondent HRET gravely abused its discretion in affirming the Legislativeinquiriesandoversightfunctions
alliances or factional divisions not involving severance of political proclamation of respondent Salimbangon despite the final outcome QuestionHour
loyalties or formal disaffiliation and permanent shifts of
allegiance of revision showing 5,401 ballots with only "MARTINEZ" or "C.
fromonepoliticalpartytoanother. "MARTINEZ" written on the line for Representative, votes which Sec 22. The heads of
departments may, upon
their own
initiative,
should have been properly counted in favor of petitioner and not
JudicialReview with the consent of the President, or upon the request of either
nullified as stray votes, after
considering all
relevant circumstances
clearly establishing that such votes could not have been intended for House, as the
rules
of
each House
shall provide, appear before and
Cov.HRET
"Edilito C. Martinez" who was declared a nuisance candidate in a final be heard by such House on any matter pertaining to their
In the leading case of Morrero v. Bocar, the Court ruled that the judgment. departments.xxxx
power of the Electoral Commission "is beyond judicial interference
except, in any event, upon a clear showing of such arbitrary and ⭐SenateofthePhilippinesv.Ermita
Sarmientov.Mison
improvidentuseofpoweraswillconstituteadenialofdueprocess.
Section
22 which provides for
the
question hour must be interpreted
It is readily apparent that under the provisions of the 1987
The degree of
judicial intervention should not
be
made to depend on vis-á-vis Section 21 which provides for
the
power of either House of
Constitution, there are four (4) groups of officers whom the
how many legislative members of the
HRET belong to
this party
or Congress to "conduct inquiries in
aid
of
legislation." A distinction
Presidentshallappoint. Thesefour(4)groupsare:
that party. The test
remains the
same — manifest grave abuse of was made between inquiries in aid of legislation and the question
1. First, the
heads
of
the
executive departments, ambassadors,
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hour. While attendance was meant to b
e discretionary i n the Practices
Act",
a matter
that
appears more
within
the province of the The 1987 Constitution recognizes the power of investigation, not just
question hour, it was compulsory in inquiries in aid of courtsratherthanofthelegislature. of
Congress, but
also
of "any
of its committees." This is significant
legislation. because it constitutes a direct conferral of investigatory power
NegrosOrientalIIElectricCoopv.SPofDumaguete upon the committees and it means that the mechanisms which the
In fine, the oversight function of Congress may be facilitated by
Houses can take in order to effectively perform its investigative
compulsory process only to the extent that it is performed in
The exercise
by the legislature of the contempt power is a matter of functionarealsoavailabletothecommittees.
pursuitoflegislation.
self-preservation as that branch of the government vested with the
Senate v. Ermita categorically ruled that "the power of
inquiry
is
When Congress exercises its power of inquiry, the only way for legislative power, independently of the judicial branch, asserts its
broad enough to
cover officials
of
the executive branch." Verily,
department heads to exempt themselves therefrom is by a valid authority and punishes contempts thereof. The contempt power of
the Court reinforced the doctrine in Arnault that "the
operation of
claim of privilege. They are not exempt by
the
mere
fact
that
they the
legislature is,
therefore, sui
generis, and local legislative bodies
government, being a legitimate subject for legislation, is a
are department heads. Only one executive official may
be
exempted cannot correctly claim to
possess it
for
the
same reasons that
the
proper subject for
investigation" and that "the power of inquiry
from this power — the President on whom executive power is vested, nationallegislaturedoes.
isco-extensivewiththepowertolegislate."
hence, beyond the reach of Congress except through the power of
impeachment. Arnaultv.Nazareno Thus,
Section 4(b) is directly repugnant with Article VI, Section 21.
Section 4(b) exempts the PCGG members and staff from the
Section 1 cannot be applied to appearances of department
Once an inquiry is admitted or established to be within the Congress' power of inquiry. This cannot be countenanced.
heads in inquiries in
aid of
legislation. Congress is
not
bound
in
jurisdiction of
a legislative
body
to
make, we think the
investigating Nowhere in the Constitution is any provision granting such
such instances to respect the refusal of the department head to appear
committee has the power to require a witness to answer any question exemption.
in such inquiry, unless a valid claim of privilege is subsequently
pertinent to
that inquiry,
subject
of
course to
his constitutional right
made,eitherbythePresidentherselforbytheExecutiveSecretary.
againstself-incrimination. Gudaniv.Senga
LegislativeInvestigations If the subject of investigation before the committee is within
If
the
President or the Chief of
Staff refuses to allow a member of the
the range of legitimate legislative inquiry and the proposed
Section 21. The Senate or the
House of
Representatives or
any of AFP to appear before Congress, the legislative body seeking such
testimony of the witness called relates to that subject,
testimony may seek judicial relief to compel the attendance.
its respective committees may conduct inquiries in aid of obedience to
its
process may
be enforced by the
committee by
Such judicial action should be directed at
the heads of
the
executive
legislation in accordance with its duly published rules of imprisonment.
branch or the armed forces, the persons who wield authority and
procedure. The rights of
persons appearing in,
or
affected
by,
such control over the actions of the officers concerned. The legislative
inquiriesshallberespected. SenateBlueRibbonCommitteev.Majaducon purpose of
such testimony, as
well as any defenses against the same
— whether grounded on executive privilege, national security or
Bengzonv.SenateBlueRibbonCommittee When the Senate Blue Ribbon Committee served subpoena on
similar concerns — would be accorded due judicial evaluation. All
respondent Flaviano to appear and testify before it in connection with
the constitutional considerations pertinent to either branch of
The
power of
both houses
of
Congress
to
conduct
inquiries in aid of its investigation of the alleged misuse and mismanagement of the
government may be raised, assessed, and ultimately weighed against
legislation is
not,
therefore,
absolute
or unlimited. The investigation AFP-RSBS funds, it did so pursuant to its authority to conduct
each other. And once the courts speak with finality, both branches of
mustbe inquiriesinaidoflegislation.
government have no option but to comply with the decision of
the
a) in aid
of
legislation
in
accordance
with
its
duly
published In the instant case, no court had acquired jurisdiction over the courts,whethertheeffectofthedecisionistotheirlikingordisfavor.
rulesofprocedureand matter. Thus, there was as yet no encroachment by
the
legislature
b) that the rights of persons appearing
in
or
affected
by
such into the exclusive jurisdiction of another branch
of
the
government. Neriv.SenateCommitteeonAccountabilityofPublicOfficersand
inquiriesshallberespected. Clearly, there was no basis for the respondent Judge to apply the
Investigation
ruling in Bengzon. Hence, the denial of petitioner's motion to dismiss
The contemplated inquiry by
respondent Committee is
not really "in thepetitionforprohibitionamountedtograveabuseofdiscretion. Nixon, In Re Sealed Case and Judicial
Watch, somehow
provide
the
aid of legislation" because it is not related to a purpose within the
elementsofpresidentialcommunicationsprivilege,towit:
jurisdiction of
Congress, since the
aim of
the
investigation is
to
find
out
whether or
not
the
relatives of
the
President or Mr. Ricardo Lopa InreSabio 1) The protected communication must relate to a
had violated Section 5 of RA No. 3019, the "Anti-Graft and Corrupt "quintessentialandnon-delegablepresidentialpower."
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concerns suffused in a broad daylight of discussion.” (Separate
2) The communication must be authored or "solicited and implementation of legislation it has enacted. Clearly, oversight
concernspost-enactmentmeasuresundertakenbyCongress. Opinion,JusticePuno,Macalintalv.Comelec,etal.)
received" by a close advisor of the President or the President
himself. The judicial test is that an advisor must be in The power
of
oversight
has been held
to
be intrinsic
in
the
grant
of Powerofimpeachment
"operationalproximity"withthePresident. legislative power itself and integral to the checks and balances Whomaybeimpeached
3) The presidential communications privilege remains a inherentinademocraticsystemofgovernment.
1. ThePresident,
qualified privilege that may be overcome by a showing of Categoriesofcongressionaloversightfunctions
adequate need, such that the information sought "likely a. Scrutiny. — Its primary purpose is to determine economy 2. theVice-President,
contains important evidence" and by the
unavailability of
and
efficiency of the operation of government activities. It is 3. theMembersoftheSupremeCourt,
the
information elsewhere by an appropriate investigating
based primarily on the power of appropriation of Congress.
authority. 4. theMembersoftheConstitutionalCommissions,and
Under the Constitution, the “power of the purse” belongs to
United States v. Nixon held that a claim of executive privilege is Congress. 5. theOmbudsman.
subject to balancing against other interest. In other words, Likewise, Congress exercises legislative scrutiny thru its
confidentiality in
executive privilege is
not
absolutely protected by power of confirmation. Through the power of confirmation, InreGonzales
theConstitution. Congresssharesintheappointingpoweroftheexecutive.
A public officer who under the Constitution is required to be a
b. Investigation.
— Congressional investigation involves a more Member of the
Philippine Bar
as
a qualification for the office held by
StandardCharteredBankv.SenateCommitteeonBanks intense digging of facts. As now contained in the 1987 him and who may be removed from office only by impeachment,
Central to the Court’s ruling in Bengzon was the C
ourt’s Constitution, the power of Congress to investigate is cannot be charged with disbarment during the incumbency of
determination that the intended inquiry was not in aid of circumscribedbythreelimitations,namely: suchpublicofficer.
legislation. a) itmustbeinaidofitslegislativefunctions, A Member of the Supreme Court must first be removed
from office
Indeed, the
mere filing
of
a criminal
or
an
administrative complaint b) it must be conducted in accordance with duly published via the
constitutional route
of
impeachment. Should the tenure of the
before
a court
or
a quasi-judicial body should not automatically bar rulesofprocedure,and Supreme Court Justice be thus terminated by impeachment, he
may
theconductoflegislativeinvestigation. thenbeheldtoanswereithercriminallyoradministratively.
c) the persons appearing therein are afforded their
constitutionalrights. Grounds
RomeroIIv.Estrada c. Supervision. — This connotes a continuing and informed for,andc
onvictiono
f,
awareness on the part of a congressional committee regarding
Suffice it to state that when the Committee issued invitations and 1. culpableviolationoftheConstitution,
executive operations in a given administrative area. While both
subpoenas to petitioners to appear before it in connection with its
congressional scrutiny and investigation involve inquiry into 2. treason,
investigation of the aforementioned investments, it did
so
pursuant
past executive branch actions in order to influence future
to its authority to conduct inquiries in aid of legislation. And the 3. bribery,
executive branch performance, congressional supervision allows
Court has no
authority to prohibit a Senate committee from requiring
Congress to scrutinize the exercise of delegated law-making 4. graftandcorruption,
persons to appear
and
testify before it
in
connection with an inquiry
authority, and permits Congress to retain part of
that
delegated
in aid of legislation in accordance with its duly published rules of 5. otherhighcrimes,or
authority.
procedure.
6. betrayalofpublictrust.
Oversight Non-legislative
Procedure
SeparateOpinion,JusticePuno,Macalintalv.Comelec,etal. Informingfunction
Gutierrezv.TheHouseofRepresentativesCommitteeonJustice
The
legislature’s informing function should be preferred to its
Conceptandbasesofcongressionaloversight 2011EnBancDecision
legislative function. He emphasized that “even more important
The power of oversight embraces all activities undertaken by The determination of sufficiency of form and substance of an
than legislation is the instruction and guidance in
political
affairs
Congress to enhance its understanding of and influence over the impeachment complaint is
an
exponent of
the
express constitutional
which the
people might receive from a body which kept all national
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grant of rule-making powers of
the
House
of
Representatives
which Ombudsman in carrying out her mandate. What is true for the 2. "Indirect initiative" is
the
exercise
of
initiative by
the
people
committedsuchdeterminativefunctiontopublicrespondent. Ombudsman must be equally and necessarily true for her through a proposition sent to
Congress or
the
local legislative
Deputies who act as agents of the Ombudsman in the bodyforaction.
A determination of what constitutes an impeachable offense is a
performanceoftheirduties.
purely political question which the Constitution has left to the 3. "Referendum" is the power of the electorate to approve
or
sounddiscretionofthelegislature. Effect
reject
a legislation
through an election called for the purpose. It
It
is
not
for
this
Court to tell a co-equal branch of government how to Art XI Sec 3[7]. Judgment in cases of impeachment shall not maybeoftwoclasses,namely:
promulgate when the
Constitution itself
has
not prescribed a specific extend further than removal from office and
disqualification to a. Referendum on statutes which refers
to
a petition
to
method of
promulgation. The Court is
in
no
position to
dictate a hold any office under the Republic of the Philippines, but the
modeofpromulgationbeyondthedictatesoftheConstitution. approve
or
reject
an
act
or
law,
or
part thereof, passed
party convicted shall nevertheless be liable and subject to byCongress;and
It bears stressing that, unlike the process of inquiry in aid of prosecution,trial,andpunishment,accordingtolaw.
legislation where the rights of witnesses are involved, impeachment b. Referendum on
local
law
which
refers
to
a petition to
is primarily for the protection of the people as a body politic, Barcenasv.HouseofRepresentatives approve or reject a law, resolution or ordinance
andnotforthepunishmentoftheoffender. enacted by regional assemblies and local legislative
Section 3 (1) of Art XI speaks of initiating
"cases
of
impeachment"
Theone-yearbarrule bodies.
while Section 3 (5) pertains to the initiation of "impeachment
proceedings." "Cases," no doubt, refers to those filed before the 4. "Proposition"isthemeasureproposedbythevoters.
Article XI, Section 3, paragraph (5) of the Constitution reads: "No
impeachment proceedings shall be initiated against the same Senate. Its use and its sense are consistent throughout Section 3. 5. "Plebiscite" is the
electoral
process
by
which
an
initiative
on
officialmorethanoncewithinaperiodofoneyear." Thus, Section 3(6) states, “The Senate shall have the sole power to
theConstitutionisapprovedorrejectedbythepeople.
decide all cases [not "proceedings"] of impeachment." Section
3(7)
Francisco states that the term "initiate" refers to the filing of the provides, "Judgment in cases [not "proceedings"] of impeachment 6. Toexercisethepowerofinitiativeorreferendum,
impeachment complaint coupled with
Congress' taking initial action shall
not
extend further than removal from office and disqualification
of said complaint. The initial action taken by the House on the a. at
least
ten per centum (10%) of the total number of
toholdanyoffice...."
complaint is the referral of the complaint to
the Committee on theregisteredvoters,
Justice. I.InitiativeandReferendum b. of
which every
legislative
district is
represented by at
Referring the complaint to the proper committee ignites the least
three per
centum (3%) of the registered voters
impeachment proceeding. With a simultaneous referral of multiple RANo.6735ortheTheInitiativeandReferendumAct.
thereof,
complaints filed,
more than one
lighted
matchsticks light
the
candle 1. "Initiative" is the power of the people to propose c. shall sign a petition for the purpose and register the
at
the
same time.
What is important is that there should only be
amendments to the Constitution or to propose and enact samewiththeComelec.
ONE CANDLE that is kindled in a year, such that once the candle
starts burning, subsequent matchsticks can no longer rekindle legislationsthroughanelectioncalledforthepurpose.
7. Apetitionforaninitiativeonthe1987Constitutionmusthave
thecandle. Therearethree(3)systemsofinitiative,namely:
a. at least twelve per centum (12%) of the total
Indubitably,
an
impeachment is not a judicial proceeding, but rather a a. Initiative on the Constitution which refers to a numberofregisteredvotersassignatories,
politicalexercise.(Resolution) petitionproposingamendmentstotheConstitution;
b. of
which every legislative district must be represented
b. Initiative on statutes which refers to a petition by at
least
three
per
centum (3%) of
the
registered
GonzalesIIIv.OfficeofthePresident2
014EnBanc
proposingtoenactanationallegislation;and voterstherein.
Section 8(2) of RA No. 6770 vesting disciplinary authority in the c. Initiative on local legislation which refers to a
President over the
Deputy Ombudsman violates the independence of Garciav.Comelec
petition
proposing to
enact
a regional, provincial, city,
theOfficeoftheOmbudsmanandisthusu nconstitutional.
municipal,orbarangaylaw,r esolutionorordinance. The Constitution clearly includes not only ordinances but
The Office of the Ombudsman, by express constitutional mandate, resolutionsa sappropriatesubjectsofalocalinitiative.
includes its key officials, all of them tasked to support the
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Sec 4. The President and the Vice-President shall be elected by
VI.EXECUTIVEDEPARTMENT objectives.
direct vote of the people for a term
of
6 years
xxx.
The
President 2. Another variety
is the informer's privilege, or the privilege
A.Qualifications,election,andtermofthePresidentand shalln otbeeligibleforanyre-election. of the Government not to disclose the identity of persons
No person who
has succeeded as
President and
has served as such who furnish information of violations of law to officers
Vice-President
chargedwiththeenforcementofthatlaw.
for more than
4 years
shall
be
qualified
for
election to
the
same
B.Privileges,inhibitions,anddisqualifications 3. Finally,ag
enericprivilegeforinternaldeliberations.
officeatanytime.
C.PowersofthePresident Executive privilege, whether asserted against Congress, the
NoVice-Presidentshallserveformorethan2
successiveterms.
Generalexecutiveandadministrativepowers courts, or the public, is recognized only in relation to certain types
B.Privileges,inhibitions,anddisqualifications of information of a sensitive character. While executive privilege
Powerofappointment is a constitutional concept, a claim thereof may be valid or not
Presidentialimmunity
Powerofcontrolandsupervision depending on the ground invoked to justify it and the context in
⭐DeLimav.Duterte2
019EnBanc which it is made. Indeed, the extraordinary character of the
Emergencypowers exemptions indicates that the presumption inclines heavily
The concept of presidential immunity under our governmental and againstexecutivesecrecyandinfavorofdisclosure.
Commander-in-chiefpowers constitutional system does not distinguish whether or not the suit
pertains to an official act of the President. Neither does immunity Section 2(b) of E.O. 464 virtually states that executive privilege
Executiveclemency
hinge on the nature of
the
suit. The lack
of
distinctions prevents us actually covers persons. Such is a misuse of the doctrine.
Diplomaticpower frommakinganydistinctions. Executive privilege is properly invoked in relation to specific
categoriesofinformationandnottocategoriesofpersons.
Powersrelativetoappropriationmeasures SeparateconcurringofLeonen,J
A claim of privilege, being a claim of exemption from an
Delegatedpowers Presidential immunity from suit
only
extends to civil,
criminal, and obligation to disclose information, must, therefore, be clearly
administrative liability. A proceeding for the issuance of a writ of asserted.
Residualpowers
habeasdata,asinthiscase,doesnotdetermineanysuchliability.
Vetopowers In light of this highly exceptional nature of the privilege, the Court
However, the proper respondent in a habeas data case for finds it
essential to
limit
to the President the power to invoke the
D.RulesofSuccession pronouncements made by
the
President
in his official capacity is the privilege. The privilege being an extraordinary power, it must be
Executive Secretary, following the ruling in
Aguinaldo v.
Aquino wieldedonlybythehighestofficialintheexecutivehierarchy.
III. This is in accord with the doctrine that the president should
not be
impleaded in
any suit during
his or her
incumbency, as
A.Qualifications,election,andtermofthe recentlyreiteratedinK ilusangMayoUnov.AquinoIII. ⭐Neriv.ExecutiveSecretary
PresidentandVice-President Therearetwo(2)kindsofexecutiveprivilege
Presidentialprivilege
Sec2.N
opersonmaybeelectedPresidentunlessheis a) presidential communications privilege — pertains to
⭐SenateofthePhilippinesv.Ermita communications, documents or other materials
that
reflect
1. anatural-bornc itizenofthePhilippines,
presidential decision-making
and
deliberations and
that the
Executive privilege is defined as "the power of the Government Presidentbelievesshouldremainconfidential.
2. aregisteredvoter,
to withhold information from the public, the courts, and the
3. abletoreadandwrite, Congress." It is "the right of the President and high-level b) deliberative process privilege. — includes advisory
executive branch officers to withhold information from opinions, recommendations and deliberations comprising
4. atleast40yearsofageo
nthedayoftheelection,and part of a process by which governmental decisions and
Congress,thecourts,andultimatelythepublic."
5. a resident of the Philippines for at least 10 years policiesareformulated.
1. One variety of the privilege is the state secrets
privilege
immediatelyprecedingsuchelection. on
the
ground that the information is
of
such
nature
that its Congressional or judicial negation of the presidential
disclosure would subvert crucial military or diplomatic communications privilege is always subject to greater scrutiny
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thandenialofthedeliberativeprocessprivilege. family is all-embracing and covers both public and private agency under the Executive Department. Thus, the actions of the
officeoremployment. PCGGChairmanaresubjecttothereviewoftheCPLC.
The right of Congress
or
any
of its Committees to obtain information
in aid of legislation cannot be equated with the people's right to Section 7, Article IX-B is meant to lay down the general rule The strict prohibition under Section 13, Article VII of the 1987
public information. The former cannot claim that every legislative applicable to all elective and appointive public officials and Constitution is not applicable to the PCGG
Chairman nor to the
inquiryisanexerciseofthepeople'srighttoinformation. employees, while Section 13, Article VII is meant to be the exception CPLC. However, Elma remains covered by the general prohibition
applicable only to the
President, the
Vice-President, Members of
the underSection7,ArticleIX-B.
TheClaimofExecutivePrivilegeisProperlyInvoked
Cabinet, their deputies and assistants. The phrase
"unless otherwise
Elma's concurrent appointments as PCGG Chairman and CPLC are
Jurisprudence teaches that for the claim to be properly invoked, provided in
this Constitution" must be given a literal interpretation to
unconstitutional, for
being
incompatible offices. This ruling does not
there must be a formal claim of privilege, lodged by the head of refer only to those particular instances cited in the Constitution itself,
render both appointments void. Following the
common-law rule on
the
department which
has control over the matter. A formal and towit:
incompatibility of offices, Elma had, in effect, vacated his first
proper claim of executive privilege requires a "precise and certain 1. the Vice-President being appointed as a member of the office as PCGG Chairman when he accepted the second office as
reason"forpreservingtheirconfidentiality. Cabinet under Section 3, par(2), Article VII; or acting as CPLC.
President in
those
instances provided
under Section 7, pars.
Prohibitions (2)and(3),ArticleVII;and,
Funav.ExecutiveSecretary2
010EnBanc
Sec
13.
The
President,
Vice-President, the
Members of the Cabinet, 2. the Secretary of Justice
being an
ex-officio member of
the
Judicial and Bar Council by virtue of Section 8(1), Article Respondent Bautista being then the appointed Undersecretary of
and their deputies or assistants shall not, unless otherwise DOTC, she
was thus covered by the stricter prohibition under Section
VIII.
provided in this Constitution, hold ANY other office or 13, Article VII and consequently she cannot invoke the exception
employmentduringtheirtenure. If the functions required to be performed are merely incidental, provided in Section 7, paragraph 2, Article IX-B where holding
remotely related, inconsistent, incompatible, or otherwise alien another office is allowed by law or the primary functions of the
Theys hallnot,duringsaidtenure,directlyorindirectly, to the primary function of a cabinet official, such additional position. Neither was she
designated OIC of
MARINA in an ex-officio
a) practiceanyotherprofession, functions would fall under the purview of "any other office" capacity,whichistheexceptionrecognizedinC ivilLibertiesUnion.
prohibitedb ytheConstitution.
b) participateinanybusiness,or
In order
that
such
additional
duties or
functions may not transgress C.PowersofthePresident
c) be financially interested in any contract with, or in any the prohibition embodied in Section 13, Article VII of the 1987
franchise, or special privilege granted by
the
Government
Generalexecutiveandadministrativepowers
Constitution,
or any subdivision, agency, or instrumentality thereof, Section 1.
THE
executive
power
shall
be
vested
in the President of
1. such
additional
duties
or
functions must
be
required
by the
includingGOCCsortheirsubsidiaries. primaryfunctionsoftheofficialconcerned, thePhilippines.
2. who is to perform the same in an ex-officio capacity as Marcosv.ManglapusD
ecisionandR
esolution
The spouse and relatives by consanguinity or affinity within the
providedbylaw,
fourth civil
degree of
the President shall not, during his tenure, be The
powers of
the
President
cannot be
said
to
be
limited
only
to the
appointedas 3. withoutreceivinganyadditionalcompensationtherefor. specific powers enumerated in the Constitution. In other words,
executive power is more than the sum of specific powers so
a) MembersoftheConstitutionalCommissions,or
PublicInterestCenterv.ElmaD
ecisionandR
esolution enumerated.
b) theOfficeoftheOmbudsman,or
The crucial test in determining whether incompatibility exists This
is
so,
notwithstanding the avowed intent of
the members of the
c) as Secretaries, Undersecretaries, chairmen or heads of between two
offices
was laid
out
inPeople
v. Green — whether one Constitutional Commission of 1986—to limit the powers of the
bureausoroffices,includingGOCCsandtheirsubsidiaries. office is
subordinate to the other, in the sense that one office has the President, for the result was a limitation of specific powers of the
righttointerferewiththeother. President, particularly those relating to the commander-in-chief
CivilLibertiesUnionv.ExecutiveSecretary clause, but not a diminution of the general grant of executive
In
this
case,
an
incompatibility exists
between the positions of the power.
The prohibition imposed on the President and his official PCGG Chairman and the CPLC. The PCGG is, without question, an
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a) MembersoftheConstitutionalCommissions,or
Vinuyav.Romulo2010EnBanc Rufinov.Endriga
b) theOfficeoftheOmbudsman,or
The Executive Department has
determined that taking up petitioners' The President appoints the
first group of officers with the consent
cause would be inimical to our country's foreign policy interests, and of the CA. The President appoints the second and
third groups
of c) as Secretaries, Undersecretaries, chairmen or heads of
could disrupt our relations with Japan, thereby creating serious officers without the
consent of
the CA. The President appoints
the bureausoroffices,includingGOCCsandtheirsubsidiaries.
implications for stability in this region. For us to overturn the third group of officers if the law is silent on
who
is
the
appointing
Executive Department's determination would mean an assessment of power, or if the law authorizing the head of a department, agency, Sec 15.
Two
months immediately before the next
presidential
the foreign policy judgments by a coordinate political branch to commission, or board to
appoint is declared unconstitutional. Thus, elections and up to the end of his term, a President or Acting
which authority to make that judgment has been constitutionally if Section 6(b) and (c) of PD 15 is found unconstitutional, the Presidents hallnotmakeappointments,except
committed. President shall appoint the trustees of the CCP Board because the
trusteesfallunderthethirdgroupofofficers. a) temporaryappointments
Powerofappointment b) toexecutivepositions
The CCP must fall under the Executive branch. Under the Revised
Ingeneral Administrative Code of
1987, any
agency "not placed by law or order c) when continued vacancies therein will prejudice public
creating them
under any specific
department" falls
"under the
Office serviceorendangerpublicsafety.
GovofPhilIslandsv.Springer
ofthePresident."
Appointment to office
is intrinsically an executive act involving Section 6(b) and (c) of PD 15 makes the CCP a self-perpetuating DeCastrov.JBC2
010EnBanc
theexerciseofdiscretion. entity, virtually outside the control of
the President. Such
a public
Prohibition under Section 15, Article VII does not apply to
office or board cannot legally exist under the 1987
WithConcurrenceofCA
appointments to
fill
a vacancy in the Supreme Court or to other
Constitution.
appointmentstotheJudiciary.
Art VII Sec 16. The President shall nominate and, WITH the
consentoftheCommissiononAppointments,appoint UponrecommendationofJBC
Given
the
background and rationale
for the prohibition in Section 15,
a) Members of
SC and
all
other
courts.
— Art VIII Sec
9. The Article VII, we have no doubt that the Constitutional Commission
a) theheadsoftheexecutivedepartments, confined the prohibition to appointments made in the
Members of the Supreme Court and judges of lower courts shall
b) ambassadors,otherpublicministersandconsuls,or Executive Department. The framers did not need to extend the
be appointed by the President from a list of at least three prohibition to appointments in the Judiciary, because their
c) officers of the armed forces from the rank of colonel or nominees preferred by the Judicial and Bar Council for every establishment of the JBC ensured that there would no longer be
navalcaptain,and vacancy.S uchappointmentsneednoconfirmation. midnightappointmentstotheJudiciary.
d) other officers whose appointments are vested in him in b) Ombudsman and deputies. — Art XI Sec 9. The
Typesofappointment
thisConstitution. Ombudsman and his Deputies shall be appointed by the
President from a list of at
least
six
nominees
prepared by
the Interimorrecessappointments
i) The regular
members of
the JBC
shall be appointed by
the President for
a term of four years with the consent JBC, and from a list of three nominees for every vacancy Art V
II Sec 16(2). The President shall have the power to make
oftheCA.(A
rtVIIISec8[2]) thereafter. Such appointments shall require no appointments during the
recess
of
the Congress, whether voluntary
confirmation. All vacancies shall be filled within three or
compulsory, but
such appointments shall
be
effective only until
Heshallalsoappoint
monthsaftertheyoccur. disapproved by the
Commission on Appointments or until the next
a) all other officers of the
Government
whose
appointments adjournmentoftheCongress.
Limitations
arenototherwiseprovidedforbylaw,and
ProhibitionagainstNepotismandMidnightAppointments Guevarav.Inocentes
b) thosewhomhemaybeauthorizedbylawtoappoint.
Sec 13[2]. The spouse and relatives by consanguinity or It is the clear intent of the framers of our Constitution to make a
The Congress may, by law,
vest
the
appointment of other officers recessappointmenteffectiveonly
affinity
within
the fourth
civil
degree
of
the President shall not,
lower in rank in the President alone, in the courts, or in the heads
duringhistenure,beappointedas a) untildisapprovalbytheCommissiononAppointments,or
ofdepartments,agencies,commissions,orboards.
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b) until the next adjournment of Congress, and never a day President is free to renew the ad interim appointment of a
a. However, Members of the Supreme Court may be
longerregardlessofthenatureofthesessionadjourned. by-passedappointee.
removed after
impeachment proceedings
initiated
It is well settled in this jurisdiction that the President can byCongress(Sec2ArtXI),
DeRamav.CA renewtheadinterimappointmentsofby-passedappointees.
b. while
judges
of
lower
courts
may
be
removed only
There is no law that prohibits local elective officials from making Thephrase“w
ithoutreappointment”appliesonlytoonewho bytheSupremeCourt(Secs6and11,ArtVIII).
appointmentsduringthelastdaysofhisorhertenure. 1. hasbeenappointedb
ythePresidentand 2. The Chairpersons and Commissioners of
the
Constitutional
The
constitutional prohibition on so-called "midnight appointments," 2. confirmed by the CA, whether or not such person completes Commissions shall likewise be
appointed by
the
President,
appliesonlytothePresidentorActingPresident. histermofoffice. but
they
may
be
removed only
by
impeachment (Sec 2 Art
XI).
There
must be
a confirmation
by the CA of the previous appointment
Matibagv.Benipayo beforetheprohibitiononreappointmentcanapply. 3. The Ombudsman himself shall be appointed by the
President (Sec 9 Art XI) but may also be removed only
by
An ad
interim appointment is a permanent appointment because it Temporarydesignations
impeachment(Sec2ArtXI).
takes effect immediately and can no longer be withdrawn by the
President once the
appointee
has qualified into office. The fact that it Administrative
Code of 1987, Book III, SECTION 17. Power to Issue In giving the President the power to remove a Deputy Ombudsman
is subject to confirmation by the CA does not alter its permanent TemporaryDesignation.— and Special Prosecutor,
Congress simply laid
down in
express
terms
character. The Constitution itself makes
an ad
interim appointment an authority that is already implied from the President's
permanent in character by making it effective until disapproved by 1) The President may
temporarily designate an
officer
already
in constitutional authority to appoint the aforesaid officials in the Office
theCAoruntilthenextadjournmentofCongress. the government service or any other competent person to oftheOmbudsman.
perform the functions of an office in the executive branch,
A
distinction is
thus
made between the
exercise
of
such presidential Powerofcontrolandsupervision
appointmenttowhichisvestedinhimbylaw,when:
prerogative requiring confirmation by the CA when Congress is in
sessionandwhenitisinrecess. Section 17. The
President
shall control
have of all the executive
a) the officer regularly appointed to the
office is
unable
to
perform his
duties by
reason
of illness, absence or departments, bureaus, and offices. He shall ensure that the laws be
In
the
former, the President
nominates, and only
upon the consent of
the CA may the person thus named assume office. It
is
not
so
with anyothercause;or faithfullyexecuted.
reference to ad interim appointments. It
takes
effect at
once.
Thus,
b) thereexistsavacancy; ⭐PIDSv.COA2
019EnBancLeonen,J
the term “ad interim appointment”, as used in letters of
appointment signed by the President, means a permanent 2) In no case shall a temporary designation
exceed
one
(1) There is no
absolute
or
categorical rule
stating that
a Senior Deputy
appointment made by the President in the meantime that year. Executive Secretary has no power to
act
on
his
own or
in
default
of
Congressisi nrecess.
Powertoremove
the Executive Secretary by authority of the President generally or
TheConstitutionalityofRenewalsofAppointments specifically.
GonzalesIIIv.OP2
012EnBanc
There is no
dispute that an
ad
interim appointee
disapproved by
the While
this
may
be true, the authority to issue the exemption must
CA can no longer be extended a new appointment. The disapproval is Under the doctrine of implication, the power to appoint carries with nonetheless be done upon the express designation and
a
final
decision on the merits by the CA in the exercise of its checking it the power to remove. As a general rule, therefore, all officers delegation by the president through a presidential or executive
power on the appointing authority of the President. Since the appointedbythePresidentarealsoremovablebyhim. issuance.
Constitution does not provide for any appeal from such decision, the
The
exception
to
this
is
when
the law expressly provides otherwise. Furthermore, it must be stressed that the Administrative Code
disapproval is
final and binding on
the
appointee as
well as on
The Constitution expressly separates the power
to
remove from
the explicitly grants the power to sign papers by authority of the
theappointingpower.
President'spowertoappoint. president to
the
executive
secretary. It grants
no
similar authority
A by-passed appointment is one that has not been finally acted toaseniordeputyexecutivesecretary.
1. Under
Sec 9 Art
VIII,
the
Members
of
the Supreme Court and
upon on
the
merits by
the
CA
at
the
close of the session of Congress.
judgesoflowercourtsshallbeappointedbythePresident. There are powers vested in
the
President
by
the
Constitution
which
There is no final decision by the CA. Absent such decision, the
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may not be
delegated
to
or
exercised
by
an
agent
or
alter
ego
of
the wasabouttobeorhadbeencommitted;and Code? NO. Section 31 contemplates
"reorganization" as
limited
by
President. c) the
superior
failed
to take the necessary and reasonable thefollowingfunctionalandstructurallines:
1. Thedeclarationofmartiallaw, measures to prevent the criminal acts or punish the 1) restructuring the internal organization
of the
Office
of
the
2. thesuspensionofthewritofhabeascorpus,and perpetratorsthereof. President Proper by abolishing, consolidating or merging
In
this
case,
since Aquino is considered a superior of the AFP but not units thereof or transferring functions from one unit to
3. theexerciseofthepardoningpower,
the PNP which is the agency involved in this case, the first element is another;
The list is
by
no
means exclusive, but there
must
be a showing
that notsatisfied. 2) transferringanyfunction;or
the
executive power in question is of similar gravitas and exceptional
import. 3) transferring any
agency, under
the
Office
of
the President
Doctrineofqualifiedpoliticalagency
toanyotherDepartmentorAgencyorviceversa;
In this
case,
then Executive Secretary Ermita,
as
the
President's alter DENRv.DENREmployees
ego, had the authority to let petitioner continue implementing its The creation of an office is nowhere mentioned, much less
annual medical checkup program through enrollment with health It is apropos to reiterate the elementary doctrine of qualified envisionedinsaidprovision.
maintenance organizations. Consequently, the exemption granted by political agency. This doctrine is corollary to the control While the
power to create a truth commission cannot pass muster on
v
Executive Secretary Ermita, as the President's alter ego, is alid. It powerofthePresidentasprovidedforunderArticleVII,Section17. the basis
of
P.D. No. 1416 as amended by P.D. No. 1772, the creation
willremainso,u nlessdisapprovedorreprobatedbythePresident. of the PTC finds justification under S
ection 17,
Article VII of
In the case at bar, the DENR Secretary can validly reorganize the
DENR by ordering the transfer of
the DENR XII Regional Offices from the Constitution, imposing upon the President the duty to ensure that
Nacinov.OfficeoftheOmbudsman2
019EnBanc Cotabato City to Koronadal, South Cotabato. The exercise of this thelawsarefaithfullyexecuted.(F aithfulExecutionClause)
authority by the DENR Secretary, as an alter
ego,
is
presumed to
be One of the recognized powers of the President granted pursuant to
Aquino’s actuations do
not
constitute
a participation in
the
planning
the acts of the President for the latter had not
expressly repudiated this constitutionally-mandated duty is the power to create ad hoc
and implementation of Oplan Exodus since, as President of the
thesame. committees. This flows from the obvious need to ascertain facts and
Republic, he
does
not exercise direct
control over the PNP under
thedoctrineofqualifiedpoliticalagency. In Chiongbian v. Orbos, this
Court stressed
the
rule
that
the
power determine if laws have been faithfully executed. Thus, in DOH v.
of the
President
to
reorganize the administrative regions carries with Camposano, the authority of
the
President
to
create
an investigative
The President of
the Republic of
the
Philippines is
NOT part of committee to look into the administrative charges filed against the
itthepowertodeterminetheregionalcenters.
the chain of command of the PNP. Under Section 26 of RA No. employees of the
DOH for the anomalous purchase of medicines was
6975, the
command and direction
of
the PNP is vested in the Chief of upheld.
thePNP. ⭐PIDSv.COA2
019EnBancLeonen,J
Localgovernmentunits
The President's power over the PNP is subsumed in his general The Court in Berdin v. Mascariñas expanded the
application of
power of
control and supervision over the executive department of the doctrine of qualified political agency. In that case, the doctrine Art X Sec 4. The President of the Philippines shall exercise
the
government. In fact, Carpio v. Executive Secretary held that "the was extended to
cover
the Assistant
Regional Director as an alter ego generalsupervisionoverlocalgovernments.xxx.
national police force does not fall under the Commander-in-Chief oftheFinanceSecretary.
power of the
President. As a civilian
agency of
the
government,
it is Section 16. The President shall exercise general
supervision
While this Court has at times expanded the application of the doctrine
only subject to the exercise by the President of the power of over autonomous regions to ensure that laws are faithfully
of qualified political agency, the doctrine remains limited to the
executivecontrol." executed.
President's executive secretary and other Cabinet secretaries. It does
Command responsibility has a technical meaning. In Saez, We not extend to
deputy executive
secretaries or
assistant deputy Ganzonv.CA
ruled that to hold someone liable under the doctrine of command secretaries.
responsibility,thefollowingelementsmustobtain: 1. Local autonomy, under the Constitution, involves a mere
Executivedepartmentsandoffices decentralization of administration, not of power, in
a) the existence of a superior-subordinate relationship
between the accused as superior and
the
perpetrator
of
the Biraogov.PhilippineTruthCommission2
010EnBanc which local officials remain accountable to the central
crimeashissubordinate; governmentinthemannerthelawmayprovide;
Does the creation of the PTC fall within the ambit of
the
power
to 2. ThenewConstitutiondoesnotprescribefederalism;
b) the superior knew or had reason to know that the crime reorganize as expressed in Section 31
of
the
Revised Administrative
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a limited period and subject to such restrictions as it may
3. The change in constitutional language with respect to the inCongressevenintimesofcrisis.
prescribe, to exercise powers necessary and proper to
carry
out
a
supervision clause was meant but to deny legislative control declared national policy. Unless
sooner withdrawn by resolution Here, PP 1017 does not authorize the President during the
over local governments; it did not exempt the latter from of the Congress, such powers shall cease upon the next adjournment emergency to temporarily take over or
direct
the
operation of
legislative regulation provided regulation is
consistent with thereof. any privately owned public utility or business affected with
thefundamentalpremiseofautonomy; publicinterestwithoutauthorityfromCongress.
4. Since
local governments remain
accountable to
the
national Ampatuanv.Puno2
011EnBancreMaguindanaoMassacre
authority,
the latter
may,
by
law,
and
in
the manner set forth The President did not proclaim a national emergency invoking Sec Aganv.PIATCO
therein,imposedisciplinaryactionagainstlocalofficials; 23(2) of Art VI, only a state of emergency in the three places
The temporary takeover by the government extends only to the
5. "Supervision" and "investigation" are not inconsistent mentioned. The calling out of the armed forces to prevent or
operation of
the
business and
not
to
the
ownership thereof. As
such
terms: "investigation" does
not
signify
"control" which
the suppress lawless violence in such places is a power that the
the government is not required to compensate the private
Presidentdoesnothave. Constitution directly vests in the President. She did
not
need a
entity-owner of the said business as there is no transfer of
congressionalauthorityt oexercisethesame.
ownership, whether permanent or temporary. The State in effecting
Dadolev.COA thetemporarytakeoverisexercisingitsp olicepower.
OndeclaringastateofnationalemergencyinD
avidv.Arroyo
WhetherLBC55oftheDBMisvoidforgoingbeyondthe
A distinction must be drawn between the President's authority to Commander-in-chiefpowers
supervisorypowersofthePresident
declare "a state of national emergency" and to exercise
In administrative law, supervision means overseeing or the
power Graduatedpowers
emergency powers. To the
first,
Section
18,
Article
VII
grants the
or authority of an officer to see that subordinate officers perform President such power, hence, no legitimate constitutional objection Sec 18 grants the President, as Commander-in-Chief,
a “sequence” of
their duties. Control, on the other hand, means the power of an canberaised.Buttothesecond,manifoldconstitutionalissuesarise. “graduatedpowers.”Fromthemosttotheleastbenign,theseare:
officer to alter or modify or
nullify or
set
aside
what
a subordinate
President
Arroyo
could
validly
declare the
existence of
a state of 1. The calling out power. — The only criterion is that
officer has done in the performance of his duties and to substitute the
judgmentoftheformerforthatofthelatter. national emergency even in the absence of a Congressional ‘whenever it
becomes necessary,’ the
President
may call
the
enactment. armed forces ‘to prevent or suppress lawless violence, invasion
By constitutional fiat, heads of political
subdivisions are subject to orrebellion.’
the President’s supervision only, not
control, so
long as
their
acts But the exercise of emergency powers, such as the taking over of
privately owned public utility or business affected with public 2. The power to suspend the privilege of the writ of habeas
areexercisedwithinthesphereoftheirlegitimatepowers.
interestr equiresadelegationfromCongress. corpus. — It is only the
privilege that
is
suspended, not
the
Any
directive therefore by the President or any of his or her alter egos writ itself. Thus, when a person is detained for an offense
seeking to alter the wisdom of
a law-conforming judgment on
local Generally, Congress is the repository of emergency powers. related to
rebellion or
invasion,
the Judge need not inquire into
affairsofanLGUisapatentn ullity. Certainly,
a body cannot delegate a power not reposed upon it. thelegalityofhisdetention.
The
Framers of
our Constitution deemed it wise to allow Congress to
DoesLBC55gobeyondthelawitseekstoimplement?YES. grant emergency powers to the President, subject to certain 3. The power to declare martial law. — For the latter two
conditions,thus: powers,theConstitutionrequires2requisitestoconcur:
LBC 55 provides that
the additional monthly allowances to
be
given
by an LGU should not exceed P1K
in
provinces and cities
and P700 1) Anactualinvasionorrebellion;AND
1) Theremustbeaw
arorotheremergency.
in municipalities. Section 458, par. (a)(1)(xi), of RA 7160, the law 2) Thatpublicsafetyrequiresit.
2) Thedelegationmustbeforal imitedperiodonly.
that supposedly serves as
the
legal
basis of
LBC 55,
allows the grant
Ondeclaringastateofrebellion
of additional allowances to judges “when the finances of the city 3) The
delegation must be subject to such restrictions as the
government allow.” The said provision does not authorize setting
a Congressmayprescribe. Section 18, Article VII
does not
expressly prohibit the
President
definitemaximumlimit. from declaring a state of rebellion. The President’s authority to
4) The emergency powers must be exercised to carry out a
declare a state
of
rebellion springs in
the
main from her powers as
nationalpolicydeclaredbyCongress.
Emergencypowers chief executive and, at the same time, draws strength from her
In Araneta v. Dinglasan, this Court emphasized that legislative Commander-in-Chiefpowers.
Sec 23(2) Art VI provides that in
times
of
war
or
other
national power, through which
extraordinary measures are exercised, remains In calling out the armed forces, a declaration of a state of
emergency, the Congress may, by law, authorize the President, for
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rebellion is
an
utter superfluity. At most,
it
only
gives
notice to and theprocessofhisdecision-making.
the nation that such a state exists. Sanlakas v. Reyes finds that d. The Congress, voting jointly, may revoke or affirm 7. The parameters for determining the sufficiency of factual
such a declaration is
devoid of any
legal significance. For all legal the President’s proclamation or suspension, allow basisareasfollows:
intents,t hedeclarationisdeemednotwritten. their limited effectivity to lapse, or extend the same
a. actualrebellionorinvasion;
During a state
of
rebellion, Lacson v. Perez tells us that authorities ifCongressdeemswarranted.
may only resort to warrantless arrests of persons suspected of b. public safety requires it; the first two requirements
2. The constitutional validity of the President’s proclamation of
rebellion. They
should not be based on the declaration of a "state of mustconcur;and
martial law
or
suspension
of the writ of
habeas corpus is first
rebellion." a political question in the hands of Congress before it c. there is probable cause for the President to
believe
Callingoutpowers becomesajusticiableoneinthehandsoftheCourt. thatthereisactualrebellionorinvasion.
3. Lansang held that the factual basis of the declaration of 8. Public safety "involves
the
prevention of
and protection from
IBPv.Zamora
martial law and the suspension of the
privilege of the
writ
of events
that could endanger the safety of the general public from
When the President calls the armed forces to prevent or suppress habeas corpus is not a political question and is within the significant danger, injury/harm, or damage, such
as
crimes or
lawless violence, invasion or rebellion, he necessarily exercises a ambitofjudicialreview. disasters."
discretionary power solely
vested
in
his
wisdom. The
Court, thus, Onextendingmartiallaw
4. The
phrase "in an
appropriate proceeding" appearing on the
cannot be called upon to overrule the President’s wisdom or
third paragraph of Section 18, Article VII
refers
to
any action 9. The only
limitations
to
the
exercise
of
congressional authority
substituteitsown.
initiated by a citizen for the purpose of questioning the toe
xtends uchproclamationorsuspensionarethat:
However, this does not prevent an examination of whether such sufficiency of
the factual basis of the exercise of the
Chief
a. the extension should be upon the President's
power was exercised within permissible constitutional limits or Executive's emergency powers. It could be denominated as a
initiative;
whether it was exercised in a manner constituting grave abuse of complaint,apetition,oramattertoberesolvedbytheCourt.
discretion. It
is
incumbent upon the
petitioner to
show that the b. it should be grounded on the persistence of the
5. In Lagman v. Medialdea 2017 En Banc, the Court had the
President’sdecisionistotallybereftoffactualbasis. invasion or rebellion and the demands of public
occasion to reexamine Fortun and clarify that the
Court can
safety;and
Congress may
revoke the
proclamation of
martial law or suspension simultaneously exercise its power of review with, and
independently from, the
power to
revoke
by Congress. In other c. it
is
subject
to
the
Court's
review of the sufficiency of
of the privilege of the writ of habeas corpus and the Court may
words, the judicial power to review is not dependent on its factual basis upon the petition of any citizen.
review the
sufficiency of
the
factual basis thereof. However, there is
whether Congress exercised its
own power to
review the act of (Lagmanv.Medialdea2 019EnBanc)
no such equivalent provision dealing with the revocation or
reviewofthePresident’sactiontocalloutthearmedforces. thePresident. 10. The Court
is
not barred
by
the doctrine of conclusiveness
6. Lagman established the sufficiency of factual basis test
as of
judgment from examining the persistence of rebellion. The
Declarationofmartiallawandsuspensionofthe being
the
only
test
for
judicial
review of
the
President's power manner in which Congress deliberated on the President's
privilegeofthewritofhabeascorpus;extension to
declare martial
law and
suspend the
privilege of
the
writ
of request for extension is not subject to judicial review.
habeascorpusunderSection18,ArticleVII. (Lagmanv.PimentelIII2018EnBanc)
1. Fortun v.
Arroyo 2012 En
Banc affirms that although Sec 18
a. It must be based only on facts or information 11. Checks and balances on the exercise of martial law and
Art VII vests in the President the power to proclaim martial
known by or
available
to
the President at
the time suspensionpowers.—
law or suspend the privilege of the writ
of
habeas corpus, he
sharessuchpowerwithCongress. Thus: hemadethedeclarationorsuspension; a. The President may declare martial law
or
suspend of
b. The Court should look into the full complement or the privilege or the writ of the privilege of habeas
a. The President’s proclamation or suspension is
totality of the factual basis, and not piecemeal
or corpus only
when there is an invasion or rebellion
temporary,g oodforonly60days;
individually. and public safety requires such declaration or
b. He must, within 48 hours of the proclamation or suspension.
suspension, report
his
action in
person or in writing c. Neither should the Court expect absolute
correctness of the facts stated in the proclamation b. The President's proclamation or suspension shall be
toCongress;
andinthewrittenReport. foraperiodnotexceeding60days.
c. Both
houses of Congress, if not in session must jointly
d. To
require
precision in
the
President's appreciation of c. Within 48 hours from the proclamation or
convene within 24 hours of the proclamation or
facts would unduly
burden him
and
therefore
impede suspension, the President must submit a Report in
suspension for the
purpose of reviewing its validity;
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personorinwritingtoCongress. Executiveclemency 1. Pardon is
a private
act
which must
be
pleaded
and proved
d. The Congress, voting jointly and by a vote of at by the person pardoned, because the courts take no
notice
Natureandlimitations
least a majority of all its Members, can revoke the thereof; while amnesty is
a public
act
of
which
the
courts
proclamationorsuspension. Sec 19.
Except
in cases of impeachment, or as otherwise provided shouldtakejudicialnotice.
e. The President cannot set aside the Congress' in this Constitution, the President may grant reprieves, 2. Pardon is granted to one
after
conviction;
while
amnesty
revocationofhisproclamationorsuspension. commutations, and pardons, and remit fines and forfeitures, after is
granted to classes of persons or communities who may be
f. The President cannot, by h
imself, extend his convictionbyfinaljudgment. guilty of political offenses, generally before or after the
proclamation or suspension. He should ask the institution of the
criminal prosecution and
sometimes after
He shall also have the power to grant amnesty with the
Congress'approval. conviction.
concurrenceo famajorityofALLtheMembersoftheCongress.
g. Upon
such
initiative or request from the President, the 3. Pardon looks forward; while amnesty looks backward
Art IX-C Sec 5. No pardon, amnesty, parole, or suspension of and abolishes and puts into
oblivion the offense with which
Congress, voting jointly and by a vote of at least a
majority of all its Members, can extend the sentence for violation of
election
laws, rules, and regulations shall he is charged that the person released by amnesty stands
proclamationorsuspension. be
granted by the
President without the
favorable recommendation before the law precisely as though he had committed no
oftheComelec. offense.
h. The extension shall only be approved when the
invasion or rebellion persists and public safety Formsofexecutiveclemency
requiresit. Verav.People
Pardondistinguishedfromprobation
i. The SC may review the sufficiency of the factual Whether or
not a person invoking the benefit of amnesty should
basis of the proclamation or suspension or the Peoplev.Vera first admit having committed the crime of which they were
extension thereof, in an appropriate proceeding filed accused.
The power to suspend sentence was always a part of the judicial
byanycitizen.
power; the
power to grant reprieves and pardons was always a part of It is rank inconsistency for appellant to justify an act, or seek
j. The SC
must promulgate its
decision within
30 days the executive power. The suspension of the sentence simply forgiveness for an act which, according to him, he has not committed.
fromthefilingo ftheappropriateproceeding. postpones the judgment of the court temporarily or indefinitely, but (supersedingBarrioquinto)
k. Martial law does not
suspend the
operation of
the the c
onviction a
nd
l
iability f
ollowing i
t,
a
nd a
ll c
ivil d
isabilities,
Constitution. remain a
nd b
ecome o
perative w
hen j
udgment i
s r
endered. EffectofPardon
l. Martial law
does not
supplant the
functioning of the A pardon reaches both the punishment prescribed for the offense Monsantov.Factoran
civil courts or legislative assemblies, nor authorize and the
guilt
of the offender. It releases the punishment, and blots out
the conferment of jurisdiction on military
courts and of
existence the guilt,
so
that
in
the
eye
of
the
law,
the offender is as The pardon granted to petitioner has resulted in removing her
agencies over civilians where civil courts
are
able to innocent as if he had never committed the offense. It removes the disqualification from holding public employment but it cannot go
function. penalties and disabilities, and restores him to his civil rights. It beyond that. To regain her former post as assistant city treasurer, she
makes him, as it were, a new man, and gives him a new credit
and must reapply and undergo the usual procedure required for a new
m. The suspension of the privilege of the writ applies
capacity. appointment.
only to persons judicially charged for
rebellion or
offenses inherent in or directly connected with
invasion. Pardondistinguishedfromparole
Risos-Vidalv.COMELEC2
015EnBanc
n. the Torresv.Gonzales
Finally, during the suspension of the privilege of Former President Estrada was
granted an absolute pardon that fully
writ, any person thus arrested or detained
should be restored all
his civil and political rights, which naturally includes the
The grant of pardon and the determination of the terms and
judicially charged within three days, otherwise he right
to
seek public elective office, the focal point of this controversy.
conditions of
a
conditional
pardon are
purely executive acts which
shouldbereleased. The only instances in which the President may not extend pardon
aren
otsubjecttojudicialscrutiny.
remaintobein:
Pardondistinguishedfromamnesty
1) impeachmentcases;
Barrioquintov.Fernandez
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2) casesthathavenotyetresultedinafinalconviction;and c) recognizedasatreatybytheothercontractingstate. the Constitution. The LGC specifies further that the release shall
be
made directly to the LGU concerned within five (5)
days after every
3) cases involving violations of election laws, r ules and The phrase "recognized as a treaty" means that the other quarter of the
year and “shall
not
be
subject to
any lien
or holdback
regulations in which there was no f avorable contracting party
accepts
or
acknowledges the
agreement as
a that may be imposed by the national government for whatever
recommendationcomingfromtheCOMELEC. treaty. purpose.” As a rule, the term “SHALL” is a word of command that
Therefore, it
can be
argued that
any
act of Congress by way of statute Moreover, it is inconsequential whether the United States treats
the must be given a compulsory meaning. The provision is, therefore,
cannot operate to
delimit the pardoning power of
the
President. The VFA only as an executive agreement because, under
international IMPERATIVE.
foregoing pronouncements solidify the thesis that Articles 36
and law, an executive agreement is as
binding as
a treaty.
To
be sure,
as
41 of
the
RPC cannot, in any way,
serve to
abridge or
diminish long as the VFA possesses the elements of an agreement under
Delegatedpowers
the exclusive power and prerogative of the President to pardon internationallaw,thesaidagreementistobetakenequallyasatreaty. 1) TariffpowersunderSection28(2)ofArticleVI;
personsconvictedofviolatingpenalstatutes.
In our jurisdiction, the power to ratify is vested in the 2) EmergencypowersunderSection23(2)ofArticleVI;
Whomayavailofamnesty
President and not, as commonly believed, in the legislature. Residualpowers
The role of the Senate is
limited
only
to
giving
or
withholding
Macaga-anv.People itsconsent,orconcurrence,totheratification. Marcosv.ManglapusD
ecisionandR
esolution
The crimes to be amnestied must have been for violations of The power
involved is
the President's residual power to protect
subversion laws or those defined and proscribed under crimes Pimentelv.ExecutiveSecretary the general welfare of
the people. It is founded on the duty of the
againstpublicorderundertheRPC. President, as steward of the people. It is a power borne by the
The usual steps in the treaty-making process are: negotiation,
signature, ratification, and exchange of the instruments of President's duty to
preserve and
defend the Constitution. It also may
Diplomaticpower be
viewed as a power implicit in the President's duty to take care that
ratification. The treaty may then
be
submitted for
registration and
Sec 21. No treaty or international agreement shall be valid and publication under the U.N. Charter, although this step is not essential thelawsarefaithfullyexecuted.
effective unless concurred in by at least 2/3 of all the Members tothevalidityoftheagreementasbetweentheparties.
Vetopowers
oftheSenate. The signature is primarily intended as a means of authenticating the
instrument and as a symbol of the good faith of the parties. It is 1) Generalvetopower.—vetoofentirebill.
Bayanv.ZamorareVFA
usually performed by the state's authorized representative in the 2) Item-veto. — The President shall have the power to
veto
any
Section 21, Article VII deals with treatise or international diplomatic mission. Ratification, on the other hand, is
the
formal particular item or items in an Appropriation, Revenue, or
agreements in general. This
provision lays down general
the rule act by which
a state confirms and
accepts the
provisions of
a treaty
Tariff bill, but the veto shall not affect the item or items to
on treatise or international agreements. All treaties or concluded by its representative. It is generally held to be an
whichhedoesnotobject.
international agreements entered into by the
Philippines, regardless executive act, undertaken by the head of the state or of the
of subject matter, coverage, or
particular
designation or
appellation, government. BolinaoElectronicsv.Valencia
requirestheconcurrenceoftheSenatetobevalidandeffective.
Although the
refusal of a state to ratify a treaty which has been signed
When a provision of
an
appropriation bill
affects
one
or
more
items
In contrast, Section 25, Article XVIII is a special provision that in its behalf is a serious step that
should not
be
taken
lightly,
such
of the same, the President cannot veto the
provision
without
at
the
applies to treaties which involve the presence of foreign military decision is within the competence of the President alone, which
sametimevetoingtheparticularitemoritemstowhichitrelates.
bases, troops or facilities in the Philippines. It disallows foreign cannotbeencroachedbythisCourtviaawritofmandamus.
military bases, troops, or facilities in the country, unless the Whether the
President
may legally
veto
a condition attached to
followingconditionsaresufficientlymet,v iz: Powersrelativetoappropriationmeasures anappropriationoritemintheappropriationbill.N O.
a) itmustbeunderat reaty; Pimentel,Jr.v.Aguirre If the veto
is
unconstitutional,
it
follows
that
the
same
produced
no
b) the treaty must be duly concurred in
by
the Senate and, effect whatsoever, and the restriction imposed by the
Section 4 of AO 372 cannot be
upheld. A basic
feature
of
local
when so required by congress, ratified
by
a majority
of
the appropriationbill,therefore,remains.
fiscal autonomy is the automatic release of
the
shares
of
LGUs
votescastbythepeopleinanationalreferendum;and in
the National internal revenue. This is mandated by no less than
Gonzalesv.Macaraig
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The
power given
the
executive to
disapprove any
item or items in an b) Duringtheterm
Any provision blocking an administrative action in
implementing a
Appropriations Bill does not
grant the
authority
to
veto
a part
of
an
law or requiring legislative approval of executive acts must be 4. In
case
of death, permanent disability, removal from office,
itemandtoapprovetheremainingportionofthesameitem.
incorporatedinaseparateandsubstantivebill. or resignation of the President, the VP shall BECOME the
The terms
item and
provision in
budgetary legislation and practice Presidenttoservetheunexpiredterm.
Furthermore, Special Provision No. 3, prohibiting the use of the
are concededly different. An item in
a bill
refers to the
particulars,
Modernization Fund for payment of the trainer planes
and armored 5. In case these
happen
to
both
the
President
and
VP,
the
Senate
the details, the
distinct and
severable parts x x x of
the bill. It
is
an
personnel carriers, which have been contracted for by the AFP, is
indivisiblesumofmoneydedicatedtoastatedpurpose. President or, in case
of
his
inability,
the
Speaker, shall then
violative
of
the Constitutional prohibition on the passage of laws that
Explicit is
the
requirement that
a provision in
the Appropriations impair
the
obligation of
contracts
(Art
III
Sec 10), more so, contracts ACT as President until the President or VP shall have been
Bill should relate specifically to some "particular enteredintobytheGovernmentitself. electedandqualified.
appropriation" therein. The challenged "provisions" fall short of
this requirement. Consequently, Section 55 (FY '89) and Section 16
Veto of provision on use of savings to augment AFP pension c) TemporaryDisability
funds.—V ALID
(FY ‘90), although labelled as "provisions," are actually 6. Whenever
the
Presidenttransmits
to
the
Senate President and
inappropriate provisions
that should
be
treated as items for the The Special
Provision, which
allows the
Chief
of
Staff
to
use savings the Speaker his written declaration that he is unable to
purposeofthePresident'svetopower. to augment the pension fund for the AFP being managed by the
discharge the powers and duties of
his
office, and until
he
AFP-RSBSisv iolativeofSecs25(5)and29(1)oftheArtVI.
transmits to them a written declaration to the contrary, such
PHILCONSAv.Enriquez ConditiononthedeactivationoftheCAFGU—V
OID
powers and duties shall be discharged by the VP as Acting
VetoofProvisiononDebtCeiling—V
OID Such intention must be embodied and manifested in another law President.
considering that it abrades the powers of the Commander-in-Chief
Also to be included in the category of "inappropriate 7. The above also applies whenever a majority of all the
and there are existing laws on the creation of the CAFGU to be
provisions" are unconstitutional provisions and provisions which amended. Again we state: a provision in an appropriations act MembersoftheCabinettransmitthesame.
are intended to amend other laws, because clearly these kinds of laws cannot be used to repeal or
amend other
laws, in this
case,
P.D.
havenoplaceinanappropriationsbill. 8. Thereafter, when the President transmits his written
No.1597andR.A.No.6758.
declaration that no inability exists, he shall reassume the
These provisos are
germane to
and
have a direct connection with the
D.RulesofSuccession powersanddutiesofhisoffice.
item on debt service. Inherent in the power of
appropriation is
the power to specify how the money shall be spent. The said a) Atthebeginningoftheterm 9. Meanwhile,
should a majority of all the Members of the Cabinet
provisos, being appropriate provisions, cannot be vetoed transmit within five days their written declaration that the
separately.Hence,theitemvetoofsaidprovisionsisv oid. 1. If the President-elect fails to qualify or shall not have been
President is unable to discharge the powers and duties
of
his
Vetoofprovisiononratioforroadmaintenance—V
OID chosen, the VP-elect shall ACT as President until the
office, the Congress shall decide the issue. For that
purpose,
President-electshallhavebeenchosenandqualified.
It is not
alien to
the
appropriation for
road maintenance,
and
on
the the Congress shall convene, if it is not in session, within
other hand, it
specifies how
the
said
item shall
be
expended — 70% 2. If at the beginning of the term of the President, the forty-eight hours, in accordance with its rules and without need
byadministrativeand30%bycontract. President-elect shall have died or shall have become ofcall.
VetoofprovisiononpurchaseofmedicinesbyAFP—V
OID permanentlydisabled,theVP-electshallB ECOMEP resident.
10. If
the
Congress,
within
ten
days
after
receipt
of
the last written
Being directly related
to
and inseparable from the appropriation item 3. Where no President and VP shall have been chosen or shall declaration, or, if not
in
session,
within
twelve
days
after
it
is
on
purchases of
medicines by
the
AFP,
the
special
provision cannot have qualified, or where both shall have died or become required to assemble, determines by a two-thirds vote of
be vetoed by the President without also vetoing the said item permanently disabled,
the
Senate President or,
in
case of his
followingB olinaoElectronics.
both Houses, voting separately, that the President is
inability, the
Speaker, shall
ACT
as President until a President
unable to
discharge the
powers
and duties
of
his
office, the VP
Veto
of
provision
on
prior
approval
of
Congress
for
purchase of oraVPshallhavebeenchosenandqualified.
shall
ACT as
President;
otherwise,
the
President shall continue
militaryequipment—V ALID
exercisingthepowersanddutiesofhisoffice.
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accomplished or performed by either branch before a court may
VII.JUDICIALDEPARTMENT comeintothepicture."
paramount public interest that is capable of repetition yet
evadingreview.
A.Concepts KilusangMayoUnov.AquinoIII2
019EnBancLeonen,J
Most important in this list of requisites is the existence of an LocusStandi
Judicialpower
⭐actual case or controversy. In every exercise of judicial or
legal
standing has
been defined as a personal and substantial
Judicialreview power, whether in the traditional or expanded sense, this is an interest in the
case such that
the party has
sustained or
will
B.Judicialindependenceandautonomy absolutenecessity. sustain direct injury as
a result of
the governmental act that
isbeingchallenged.
C.Appointmentstothejudiciary There
is
an
actual
case
or controversy if
there
is
a "conflict
of legal
right, an opposite legal claims susceptible to judicial Taxpayers, voters, concerned citizens, and legislators may be
JudicialandBarCouncil resolution." A petitioner bringing a case before this Court must accorded standing
to
sue,
provided
that the following requirements
establish that there is a legally demandable and enforceable aremet:
D.TheSupremeCourt
rightundertheConstitution.Theremustbe
1) casesinvolveconstitutionalissues;
1. arealandsubstantialcontroversy,
2) for taxpayers, there must be a claim of illegal
A.Concepts 2. with definite and concrete issues involving the legal disbursement of public funds or that the tax measure is
Judicialpower relationsoftheparties,and unconstitutional;
3. admittingofspecificreliefthatcourtscangrant. voters, there
3) for must be a showing of obvious interest in
The judicial power shall be vested in one Supreme Court and in
suchlowercourtsasmaybeestablishedbylaw. Moreover, an actual case or controversy requires that the right must thevalidityoftheelectionlawinquestion;
be enforceable and legally demandable. A case is ripe for 4) for concerned citizens, there must be a showing that
Judicial power includes the duty of the courts of
justice
to
settle
adjudication when the challenged governmental act is a completed the issues raised are of transcendental importance
actual controversies involving rights which are legally
action such that there
is
a direct,
concrete,
and adverse effect on the whichmustbesettledearly;and
demandableandenforceablexxx. petitioner. In connection with acts of administrative agencies, 5) for legislators, there must be a claim that the official
Judicialreview ripeness is ensured under the doctrine of exhaustion of
action complained of infringes upon their
prerogatives as
administrative remedies. One other concept pertaining to judicial
and to determine whether or not there has been a grave abuse legislators.
review is intrinsically connected to it: the concept of a case being
of
discretion amounting to lack or excess of jurisdiction on the mootandacademic. ⭐ProvincialBusOperatorsAssociationofthePhilippinesv.DOLE
partofanybranchorinstrumentalityoftheGovernment.
As mootness, Courts
for cannot render judgment after the issue has 2018EnBancLeonen,J
Requisites already been resolved by or through external developments.
Another exception is
the
concept third-party
of standing. Under
However,Courtswilldecidecases,otherwisemootandacademic,if:
1. Ripeness. — An actual case or controversy calling for this concept, actions may be brought on behalf of third parties
theexerciseofjudicialpower; 1. thereisag
raveviolationoftheConstitution; providedthefollowingcriteriaaremet:
2. Locus standi. — The person challenging the act must have 2. the exceptional character of the situation and the 1. first, the party bringing suit must have suffered an
"standing"tochallenge; paramountpublicinterestisinvolved; 'injury-in-fact,' thus giving him or her a sufficiently
3. when constitutional issue raised requires formulation of concreteinterest'intheoutcomeoftheissueindispute;
3. The
question
of constitutionality must be raised at the earliest
possibleopportunity;and controlling principles to guide
the
bench,
the
bar,
and
the 2. second, the party must have a close relation to the third
public;and party;and
4. The of constitutionality must be the very lis mota of the
issue
case. 4. thecaseiscapableofrepetitionyetevadingreview. 3. third, there
must
exist
some hindrance
to
the third party's
abilitytoprotecthisorherowninterests.
Ripeness Three (3)
circumstances must
be
present before
this Court
may
rule
on a moot issue.
There
must
be
an
issue
raising a grave
violation In some circumstances similar to those in White Light, the third
Tan v. Macapagal held that for a case to be considered ripe for of the Constitution, involving an exceptional situation of parties represented by the petitioner would have special and
adjudication, "it is a prerequisite
that something had
by
then
been
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legitimate reasons why they may not bring the action themselves. The term “political question” refers to "those questions which, certain provisions in the
1987 Constitution. The
issues likewise call
Understandably, the cost to patrons in the White Light case to under the Constitution, are to be decided by the people in their for a ruling on the scope of presidential immunity from suit.
They
bring the action themselves—i.e., the amount they would
pay sovereign capacity,
or
in
regard
to
which full discretionary authority also involve the correct calibration of
the
right
of
petitioner against
for the lease of the motels—will be too small compared with has been delegated to the Legislature or executive branch of the prejudicialpublicity.
the cost of the suit. This is the free rider problem in economics. It Government." It is concerned with issues dependent upon the
is
a
negative externality which operates as a disincentive to sue and wisdom,notlegality,ofaparticularmeasure. B.Judicialindependenceandautonomy
assertatranscendentalright.
Judicial power is not only a power; it is also a DUTY, a duty To
maintain
the
independence of
the
judiciary, the following safeguards
Astoactualcontroversy. havebeenembodiedintheConstitution:
which cannot be
abdicated by the mere specter of this creature called
Only constitutional rights shared by many and requiring a thepoliticalquestiondoctrine. 1) The Supreme Court is a constitutional body. It cannot be
grounded level
of
urgency can
be
transcendent. This
Court
is
not
a
forum to appeal political
and
policy choices
made by
the
Executive, Therearetwospeciesofpoliticalquestions: abolished nor may its membership or the manner of its
Legislative,andotherconstitutionalagenciesandorgans. 1) "trulypoliticalquestions"and meetingsbechangedbymerelegislation.
2) thosewhich"arenottrulypoliticalquestions." 2) The members of the SC may not be removed except by
LisMota
Truly political questions are beyond judicial review, the reason impeachment.
It
is
a well-settled maxim of adjudication that an issue assailing the for
respect of
the
doctrine of
separation of
powers to be maintained. 3) The SC may not be deprived of its minimum original and
constitutionality of a governmental act should be avoided whenever On the other hand, by virtue of Sec 1 Art VIII, courts can review
possible. Courts
will not touch the issue of constitutionality unless appellatejurisdiction.
questionswhicharenottrulypoliticalinnature.
it is truly unavoidable and is the very lis mota or c
rux of the 4) The appellate jurisdiction of the SC may not be increased by
controversy. In our jurisdiction, the determination of a truly political question
lawwithoutitsadviceandconcurrence.
from a non-justiciable political question lies in the answer to the
Operativefactdoctrine 5) Appointees to
the
judiciary
are
now
nominated by
the
JBC
and
question of
whether
there are constitutionally imposed limits on
LeagueofCitiesv.Comelec2
010EnBancResolution powers or
functions conferred upon
political bodies. If there are, nolongersubjecttoconfirmationbytheCA.
then our courts are duty-bound to examine whether the branch or
Under the operative fact doctrine, the law is recognized as 6) The SC now has administrative supervision over all lower
instrumentalityofthegovernmentproperlyactedwithinsuchlimits.
unconstitutional but the effects of the
unconstitutional law,
prior
to courtsandtheirpersonnel.
its declaration of nullity, may be left undisturbed as a matter of 7) The SC has exclusive power to discipline judges of lower
Estradav.Arroyo
equity and fair play. In fact, the invocation of the operative fact
courts.
doctrineisanadmissionthatthelawisunconstitutional. EDSA I involves the exercise of the people power of revolution
which
overthrew the whole government. EDSA II is an exercise of 8) The members of the SC and all lower courts have
security
of
In Planters Products, Inc. v. Fertiphil Corporation, the Court
people power of
freedom of
speech and freedom of assembly to tenure,
which
cannot be
undermined by a law
reorganizing the
stated:
petition the government for redress of grievances which only judiciary.
The general rule is that an unconstitutional law is void. It affectedtheofficeofthePresident.
produces no rights, imposes no duties and affords no
protection. It 9) They shall not be designated to any agency performing
EDSA I is extra constitutional and the legitimacy of the new quasi-judicialoradministrativefunctions.
has
no legal effect. It is, in legal contemplation, inoperative as if it has
government that resulted from it cannot be the subject of judicial
not been passed. The doctrine of operative fact, as
an
exception to 10) The salaries of judges may not be reduced during their
review, but EDSA II is intra constitutional and the resignation of
thegeneralrule,onlyappliesasamatterofequityandfairplay.
the sitting President that it caused and the succession of the Vice continuanceinoffice.
The doctrine
is
applicable
when
a declaration
of
unconstitutionality PresidentasPresidentaresubjecttojudicialreview.
11) The
judiciary
shall
enjoy fiscal autonomy. — Fiscal autonomy
will impose an undue
burden
on those
who have
relied
on
the EDSA I presented political question; EDSA II involves legal meansfreedomfromoutsidecontrol.(B engzonv.Drilon)
invalidlaw. questions.
Any law
which provides for an exemption from said fees would
Politicalquestiondoctrine The cases at bar pose LEGAL and not political questions. The be
constitutionally infirm
for
it
impairs
the Court’s guaranteed
principal issues for resolution require the proper interpretation of
⭐Franciscov.HouseofRepresentatives
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fiscal autonomy and erodes its independence. (AM 12-2-03-0 1. theChiefJusticea sexofficioChairman, newly appointed members by controlling the date and order of
2012EnBanc) issuance of said members' appointment or commission papers. By
2. theSecretaryofJustice,and
12) TheSCalonemayinitiaterulesofcourt. already designating the numerical order of the vacancies, the JBC
3. arepresentativeoftheC
ongressa sexofficioMembers, would be
establishing the seniority
or order of preference of the new
13) OnlytheSCmayorderthetemporarydetailofjudges.
4. arepresentativeoftheI ntegratedBar, Sandiganbayan Associate Justices even before their appointment by
14) TheSCcanappointallofficialsandemployeesofthejudiciary. the President and, thus, unduly arrogating unto itself a vital
part
of
5. aprofessoroflaw, thePresident'spowerofappointment.
InreNPCandR
eGSIS2
010EnBanc
6. aretiredM
emberoftheSupremeCourt,and
Since the payment of legal fees is a vital component of the
rules D.TheSupremeCourt
7. arepresentativeofthep
rivatesector.
promulgated by this Court concerning pleading, practice and Composition
procedure, it cannot be validly annulled, changed or modified by The regular members of the Council shall be appointed by the
Congress. President for a term of 4 years with the consent of the Sec 4.
The Supreme Court shall be
composed of a Chief Justice and
CommissiononAppointments. fourteen Associate Justices. It
may sit
en
banc or in its discretion,
C.Appointmentstothejudiciary in division of
three,
five,
or
seven Members. Any vacancy shall
be
Powers
Sec 9. The Members of the Supreme Court and judges of lower filledwithin90daysfromtheoccurrencethereof.xxxx
courts shall be appointed by the President from a list
of
at
least DeCastrov.JBC2
010EnBanc
Powersandfunctions
three nominees preferred by the Judicial and Bar Council for every Does mandamus lie to compel the submission of the shortlist of
1. Exercise original jurisdiction over cases affecting ambassadors,
vacancy.Suchappointmentsn eednoconfirmation. nomineesbytheJBC?
other public ministers and consuls, and over petitions for
For the lower courts, the President shall issue the appointment NO. The 90-day period is directed at
the President, not
at
the certiorari, prohibition, mandamus, quo warranto, and habeas
within90daysfromthesubmissionofthelist. JBC. Thus, the JBC should start the process of selecting the candidates
corpus.
to
fill
the
vacancy in
the
Supreme Court before the occurrence of the
Qualificationsofmembersofthejudiciary vacancy. 2. Review, revise, reverse, modify, or affirm on appeal or
Sec 7. No person shall be appointed Member of the Supreme certiorari, as the law or the Rules of Court may provide, final
The duty of the JBC to submit a list of nominees before the start of the
Court or any
lower
collegiate court
unless
he
is
a natural-born President's mandatory 90-day period to appoint is
ministerial, but judgmentsandordersoflowercourtsin:
citizenofthePhilippines.AMemberoftheSupremeCourtmustbe its selection of the candidates whose names will
be in the
list
to
be a. All cases in which the constitutionality or validity of any
1. atleast40yearsofage,and submitted to
the President
lies within the discretion of
the
JBC.
For treaty, international or executive agreement, law, presidential
mandamus to lie against the JBC, therefore, there should be an
decree, proclamation, order, instruction, ordinance, or
2. must have
been
for
15
years
or
more, a judge
of
a lower unexplained delay on its part in recommending nominees to the
regulationisinquestion.
courtorengagedinthepracticeoflawinthePhilippines. Judiciary,thatis,insubmittingthelisttothePresident.
b. All
cases involving
the
legality
of
any tax, impost, assessment,
The Congress shall prescribe the qualifications of
judges
of
lower
Aguinaldov.AquinoIII2
017EnBancre ortoll,oranypenaltyimposedinrelationthereto.
courts, but
no
person may be appointed judge thereof unless he is a
citizenofthePhilippinesandam emberofthePhilippineBar. clusteringofnomineesbytheJBC c. All cases in which the jurisdiction of any lower court is in
The clustering of nominees for the six vacancies in the issue.
A Member of the Judiciary must be a person of proven
competence,integrity,probity,andindependence. Sandiganbayan by the JBC impaired the President's power to d. All criminal cases in which the penalty imposed
is
reclusion
appoint members of
the
Judiciary
and
to
determine
the
seniority
of perpetuaorhigher.
JudicialandBarCouncil thenewly-appointedSandiganbayanAssociateJustices.
e. Allcasesinwhichonlyanerrororquestionoflawisinvolved.
Composition It
also
bears
to
point out that part of the President's power to appoint
members of a collegiate court, such as the Sandiganbayan, is the 3. Assign temporarily judges of lower courts to other stations as
Sec 8. A Judicial and Bar Council is hereby created under the
power to determine the seniority or
order
of
preference
of
such public interest may require. Such temporary assignment shall
not
supervisionoftheSupremeCourtcomposedof
exceedsixmonthswithouttheconsentofthejudgeconcerned.
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4. Order a change of venueor
place of trial to avoid a miscarriage of D.Compositionandqualificationsofmembers
In determining whether a rule prescribed by the Supreme Court,
for
justice. E.Prohibitedofficesandinterests
the practice and
procedure of
the lower courts, abridges, enlarges, or
5. Promulgate rules concerning the protection and enforcement of modifies any substantive right, the test is
whether the
rule
really
constitutional rights, pleading, practice, and procedure in all courts, regulates procedure, that is, the judicial process for enforcing
the admission to the practice of law, the integrated bar, and legal rights and duties recognized by substantive law and for justly A.Commonprovisions
assistancetotheunder-privileged. administering remedy and redress for a disregard or infraction of
them. If
the
rule takes away a vested right, it
is not procedural. Sec 1. The Constitutional Commissions, which shall be
6. Appoint all officials and employees of the Judiciary in If the rule creates a right such as the right to appeal, it may be independent,are
accordancewiththeCivilServiceLaw. classified as a substantive matter; but if it operates as a means of
a) theCivilServiceCommission,
implementing an existing right then the rule deals merely with
People v. Mateo re intermediate review of the CA of cases requiring procedure. b) theCommissiononElections,and
automaticreviewbytheSC Section 23 of Republic Act No. 9165 is declared unconstitutional for c) theCommissiononAudit.
While the Fundamental Law requires a mandatory review by the being contrary to the
rule-making authority of
the
Supreme
Court
Sec 5. The Commission shall enjoy fiscal autonomy. Their
Supreme Court of cases where the penalty imposed is reclusion underSection5(5),ArticleVIII.
approved annual appropriations shall be automatically and
perpetua, life imprisonment, or death, nowhere, however, has it
regularlyreleased.
proscribed an intermediate review. If only to ensure utmost Macedav.Vasquezresupervisionoflowercourtsandpersonnel
circumspection before
the penalty of death, reclusion perpetua or life Sec 7.
Each
Commission shall
decide
by
a majority vote of all its
imprisonment is imposed, the Court now deems it wise and Article VIII, Section 6 exclusively vests in the Supreme Court Members, any case
or
matter
brought before it within 60 days from
compelling to provide in these cases a review by the Court of Appeals administrative supervision over all courts and court personnel. By
thedateofitssubmissionfordecisionorresolution.
beforethecaseiselevatedtotheSupremeCourt. virtue
of
this
power,
it is only the Supreme Court that can oversee the
judges'
and court
personnel's compliance with
all
laws,
and
take the AdditionalCommonalities
proper administrative action against them if they commit any
Estipona,Jr.v.Lobrigo2
017EnBancrePlea-bargaining 1) How appointed and term of office.
— All
chairpersons and
violationthereof.
commissioners are appointed by the President with the
The SC
has
rejected previous
attempts
on
the
part of the Congress, in Thus, the Ombudsman should first refer the matter of consent of the Commission on Appointments for a term of
7
the exercise of its
legislative
power,
to
amend the Rules of
Court,
to petitioner's certificates of
service to
this Court for determination
wit: yearsw ithoutreappointment.
of whether said certificates reflected the true status of his pending
1. Fabian v. Desierto — Appeal from the decision of the Office case load, as the Court has the necessary records to make such a 2) Staggering of terms. — Of those first appointed, the
of the Ombudsman in an administrative disciplinary case determination. Chairman shall hold office for seven years, a Commissioner for
should be
taken
to
the CA under the provisions of Rule 43 of five
years
(2 for Comelec), and another Commissioner for three
Where a criminal complaint against a judge or other court
the Rules instead of appeal by certiorari under Rule 45 as years(theremaining4forComelec),withoutreappointment.
employee arises from their administrative duties, the
providedinSection27ofR.A.No.6770.
Ombudsman must defer action on said complaint and refer the 3) Appointment to any vacancy shall be only for the unexpired
2. Cathay Metal v. Laguna West Multi-Purpose same to this Court for determination whether said judge or termofthepredecessor.
Cooperative, Inc. — The Cooperative Code provisions on court employee had acted within the scope of their
notices cannot replace
the
rules
on summons under Rule 14 administrativeduties. 4) In no case shall any Member be appointed
or
designated
in
a
oftheRules.
temporaryoractingcapacity.
3. Carpio-Morales v. CA 2015 En Banc — The first paragraph VIII.CONSTITUTIONALCOMMISSIONS 5) Commonqualifications.—Allmembersmustbe
of
Section 14 of R.A. No. 6770, which prohibits courts except
the
Supreme Court from issuing temporary restraining order A.Commonprovisions a) Natural-borncitizens;
and/or writ of preliminary injunction to enjoin an b) atleast35yearsolda tthetimeofappointmentand
investigation conducted by the Ombudsman, Is B.Institutionalindependencesafeguards
unconstitutionalasitcontravenesRule58oftheRules. C.Powersandfunctions
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c) must not have been candidates for any elective publicaccountability. D.Compositionandqualificationsofmembers
position in the elections
immediately
preceding their
appointment. Comelec 1. Enforceandadministeralllawsandregulations CSC Comelec COA
relativetotheconductofanelection,plebiscite,
B.Institutionalindependencesafeguards initiative,referendum,andrecall.
Composition
1Chair+2 1Chair+6
1Chair+2Comms
2. Exerciseexclusiveoriginaljurisdictionoverall Comms Comms
1) Thesebodiesmaynotbeabolishedbystatute.
contestsrelatingtotheelections,returns,and
2) Eachofthemisexpresslydescribedasindependent. Term 7yearswithoutreappointment
qualificationsofallelectiveregional,provincial,
3) Each
of
them
is
conferred
certain
powers
and
functions
which andcityofficials,andappellatejurisdictionoverall
CPAswithnotless
cannotbewithdrawnorreducedbystatute. contestsinvolvingelectivemunicipalofficials
amajority than10yearsof
decidedbytrialcourtsofgeneraljurisdiction,or
4) The chairmen and members may not be removed
from
office thereof, auditing
involvingelectivebarangayofficialsdecidedby
exceptbyimpeachment. includingthe experience,OR
trialcourtsoflimitedjurisdiction.
Chair,shallbe membersofthe
5) The chairmen and members are given a fairly long term of 3. Decisions,finalorders,orrulingsonelection withproven membersof PhilippineBarwho
sevenyears. contestsinvolvingelectivemunicipalandbarangay Special capacityfor thePhilippine havebeenengaged
officesshallbefinal,executory,andnotappealable. qualification public Barwhohave inthepracticeof
6) The terms
of
office
are
staggered
in such a manner as to lessen
4. Decide,exceptthoseinvolvingtherighttovote,all administration beenengaged lawforatleast1
0
the
opportunity for
appointment of
the majority of the body by years.
questionsaffectingelections,including inthepractice
thesamePresident. determinationofthenumberandlocationof oflawforat Atnotimeshallall
7) The chairmen and members may not be reappointed or pollingplaces,appointmentofelectionofficials least10 Membersbelongto
appointedinanactingcapacity. andinspectors,andregistrationofvoters. years. thes ame
amongothers profession.
8) The
salaries
may
not
be
decreased
during
their
continuance in
office.
COA Shallhavethepower,authority,anddutytoexamine, Funav.Villar2
012EnBanc
9) TheCommissionsenjoyfiscalautonomy. audit,andsettleallaccountspertainingtotherevenue
andreceiptsof,andexpendituresorusesoffundsand The Court restates its ruling on Sec. 1(2), Art. IX(D) of the
10) EachCommissionmaypromulgateitsownrules. Constitution,viz:
property,ownedorheldintrustby,orpertainingto,the
11) The chairmen and members are subject to certain Government,oranyofitssubdivisions,agencies,or 1. The appointment of members of any of the three
disqualifications
and
inhibitions
calculated
to
strengthen
their instrumentalities,includingGOCCswithoriginal constitutional commissions, after the expiration of the
integrity. charters,andonap ost-auditbasis: uneven terms of office of the first set of commissioners,
1. constitutionalbodies,commissionsandoffices shall always be for a fixed term of seven (7) years; an
12) Theyareallowedtoappointtheirownofficialsandemployees.
thathavebeengrantedfiscalautonomyunderthis appointmentforalesserperiodisvoidandunconstitutional.
C.Powersandfunctions Constitution; 2. Appointments to vacancies resulting from certain
causes
2. autonomousstatecollegesanduniversities; shall only be for the unexpired portion of the term of the
CSC AsthecentralpersonnelagencyoftheGovernment, 3. otherGOCCsandtheirsubsidiaries;and predecessor, but such appointments cannot be less than
shallestablishacareerservice.Itshall the unexpired portion as this will likewise disrupt the
4. suchnon-governmentalentitiesreceivingsubsidy
staggeringofterms.
1. strengthenthemeritandrewardssystem, orequity,directlyorindirectly,fromorthroughthe
Government,whicharerequiredbylaworthe 3. Members who were
appointed for
a full
term of seven years
2. integrateallhumanresourcesdevelopment and who served the entire period, are barred from
programsforalllevelsandranks,and grantinginstitutiontosubmittosuchauditasa
conditionofsubsidyorequity. reappointmentt oanypositionintheCommission.
3. institutionalizeamanagementclimateconduciveto 4. A commissioner who resigns after serving in the
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Commission for less than seven years is eligible for an K.AdequateLegalAssistanceandFreeAccesstoCourts Privacyandautonomy
appointment to the position of Chairman
for the
unexpired
L.RightAgainstSelf-incrimination Oplev.Torres
portionofthetermofthedepartingchairman.
Such appointment is not covered by the ban on M.RightsofPersonsUnderCustodialInvestigation Theessenceofprivacyisthe"r ighttobeletalone."
reappointment, provided that
the
vacancy
in
the
position
of Specific guarantees in the Bill of Rights have penumbras formed by
Chairman resulted from death, resignation, disability or N.RightsoftheAccused
emanations from these guarantees that help give them life and
removalbyimpeachment.
O.RighttotheSpeedyDispositionofCases substance.Variousguaranteescreatezonesofprivacy.
5. Any member of the Commission cannot be appointed or
designatedinat emporaryo ractingcapacity. The right to privacy as such is accorded recognition
P.RightAgainstExcessiveFinesandCruel,Degrading,and
independently of its identification with liberty; in itself, it is fully
E.Prohibitedofficesandinterests InhumanPunishments deservingofconstitutionalprotection.
Sec2.Nomembershall,duringhistenure, Q.Non-imprisonmentforDebts The right to privacy is a fundamental right guaranteed by the
Constitution, hence, it
is
the
burden of
government to show that A.O.
a) holdanyotherofficeoremployment; R.RightAgainstDoubleJeopardy No. 308
is
justified by some compelling state interest and that it is
b) engageinthepracticeofanyprofessionor narrowly drawn. The possibilities of abuse and misuse of
the PRN,
S.RightAgainstInvoluntaryServitude biometrics and computer technology are accentuated when we
c) intheactivemanagementorcontrolofanybusiness, consider that the individual lacks control over what can be read or
T.ExpostfactolawsandBillsofAttainder placed on his ID, much less verify the correctness of the data
d) be financially interested, directly or indirectly, in any
encoded. They threaten the
very abuses that
the
Bill
of
Rights seeks
contract with, or in any franchise or privilege
granted
by
toprevent.
the Government, any of its subdivisions, agencies, or
A.ConceptofBillofRights
instrumentalities,includingGOCCsortheirsubsidiaries.
Vivaresv.STC2
014
Natureofprovisions
Thethreestrandsoftherighttoprivacy,v iz:
IX.BILLOFRIGHTS ManilaPrinceHotelvGSIS
1) locational or situational privacy — refers to
the
privacy
A.ConceptofBillofRights Thus,
we have treated
as self-executing the provisions in the Bill of that is felt in physical space, such as that which may be
Rights on
arrests, searches and seizures, the rights of a person under violatedbytrespassandunwarrantedsearchandseizure;
B.DueProcessofLaw custodial investigation, the rights of an accused, and the privilege 2) informational privacy — usually defined as the right of
against self-incrimination. It is recognized that legislation is individualstocontrolinformationaboutthemselves;and
C.EqualProtectionofLaws unnecessary to enable courts to effectuate constitutional provisions
guaranteeing the fundamental rights of life, liberty and the 3) decisional privacy — usually defined as the right of
D.RightAgainstUnreasonableSearchesandSeizures individuals to make certain kinds of fundamental choices
protection of property. The same treatment is accorded to
constitutional provisions forbidding the taking or damaging of withrespecttotheirpersonalandreproductiveautonomy.
E.PrivacyofCommunicationsandCorrespondence
propertyforpublicusewithoutjustcompensation.
Relationtohumanrights
F.FreedomofSpeechandExpression
Againstwhomenforceable Republicv.Sandiganbayan
G.FreedomofReligion
Peoplev.Domasian The Bill of Rights under the 1973 Constitution was not operative
H.LibertyofAbodeandFreedomofMovement during the interregnum. However, the protection accorded to
The Bill of Rights cannot be invoked against acts of private
individuals, being directed only against the government and its individuals under the Covenant and the
Declaration remained
I.EminentDomain ineffectduringtheinterregnum.
law-enforcementagenciesasalimitationonofficialaction.
J.Non-impairmentofContracts During the interregnum, a person could not invoke any
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exclusionary right under a Bill of Rights because there was c) towidenthereachofone’scapabilities, right to due process in requiring a license for the possession of
neitheraconstitutionnoraBillofRightsduringtheinterregnum. d) to
enhance
those
moral
and
spiritual
values that can make firearms. Article III, Section 1 of the Constitution is clear
that
only
Under Article 17(1) of
the
ICCPR, the
revolutionary government had
life, liberty, or property is protected by the due process
one’slifemoremeaningfulandrewarding.
the duty to insure that "no one shall be subjected to arbitrary or clause. True property rights arise from legitimate claims of
unlawful interference with his privacy, family, home or 3. According to Imbong v. Ochoa, life commences upon entitlement defined by existing rules or understanding that stem from
correspondence." Although the
signatories to
the Declaration did not “conception,thatis,uponfertilization.” anindependentsource,suchaslaw.
intend it
as
a legally binding document, being only a declaration, the 4. Liberty is the freedom
to
do
right
and
never
wrong;
it
is
ever Assuming, for the sake of argument, that the right to possess a
Court has interpreted the Declaration as part of the generally firearm was considered a property right, it is doctrine that
accepted principles of international law and binding on the guided by reason and
the
upright
honorable
conscience
of
the
propertyrightsarealwayssubjecttotheState'spolicepower.
State. Thus, the revolutionary government was also obligated under individual.
international law to observe the rights of individuals under the Kindsofdueprocess
Declaration. Agcaoili,Jr.v.Fariñas2
018EnBanc
Palaciosv.People2
019
In
Secretary
of
National Defense et
al.
v.
Manalo et
al.,
the Court
Dueprocessi scomprisedoftwo(2)components—
explainedtheconceptofr
ighttolifeinthiswise:
B.DueProcessofLaw
While the right to life under Article III, Section 1 guarantees a) substantive due process which requires the intrinsic
essentially the right to be alive—upon which the enjoyment of all validity of the law in interfering with the rights of the person
Section
1.
No
person
shall
be
deprived
of
life,
liberty,
or
property tohislife,liberty,orproperty,and
other rights is preconditioned—the right to security of
withoutdueprocessoflaw,xxxx.
person is
a guarantee of
the secure quality of this life. In a broad b) procedural due process which consists of the two basic
sense, the right to security of person "emanates in a person's rights of notice and hearing, as well as the guarantee of
Notes
legal and uninterrupted enjoyment of
his life, his limbs, his body, beingheardbyanimpartialandcompetenttribunal.
1. Due
process
is
a guaranty against any arbitrariness on the part his health, and his
reputation. It
includes the right to
exist,
and
the right to enjoyment of life while existing, and it is invaded not Substantive
ofthegovernment.
only by a deprivation of life but also of
those things which are 1. Requires the intrinsic validity of the law in interfering with the
2. Protects all persons, natural as well as juridical, citizen
or
necessary to the enjoyment of life according to the nature, rightsofthepersontohislife,libertyorproperty.
alien. temperament,andlawfuldesiresoftheindividual."
2. Inquiryiswhetheritisaproperexerciseoflegislativepower.
3. Juridical persons are also covered but only insofar as their right
The to
liberty, on the other hand, was defined in the City of
propertyisconcerned. Manila,etal.v.Hon.Laguio,Jr.,inthismanner: 3. Thelawmusthaveavalidgovernmentalobjective.
4. To deprive is to “take away forcibly, to prevent from Liberty as guaranteed by the Constitution was defined to include 4. This
objective
must
be
pursued
in
a lawful manner. In other words,
possessing,enjoyingorusingsomething.” "the right to exist and the right to be free from arbitrary the means employed must be reasonably related to the
restraintorservitude. accomplishmentofthepurposeandnotundulyoppressive.
5. Deprivation
is
denial
of
the
right
to
life,
liberty or property. It
is per se not unconstitutional. What is prohibited is deprivation ⭐Acostav.Ochoa2019EnBancLeonen,J 5. In
Kwong
Sing
v.
City
of
Manila, an
ordinance
requiring all laundry
withoutdueprocessoflaw. establishments to issue their receipts in English or Spanish was
There is no constitutional right to bear arms. Neither is the
ownership or possession of a firearm a property right. Persons sustained by the Court to
protect
the
public from
deceptions and
Conceptofrighttolife,libertyandproperty
intending to use a firearm can only either accept or decline the misunderstandings that might arise with the receipts in Chinese
1. Lifeistheintegrityofthephysicalperson. government's terms for its use. The grant of license, however, is charactersthatmostdon’tunderstand.
2. Includedthereinisthe withoutprejudicetotheinviolabilityofthehome.
6. However,
in
Yu
Cong
Eng
v.
Trinidad, a law prohibiting the keeping
a) righttogivefullreintoone’sallnaturalattributes, With the bearing of arms being a mere privilege granted by the of account books in any language other than English, Spanish, or
State, there could not have been a deprivation of petitioners'
anyotherlocaldialectwasi nvalidated.
b) toexpandthehorizonsofone’smind,
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The right to preliminary investigation is substantive, not Administrative speech,gender,orrace, interestandontheabsence
merely formal or technical.
As such, to
deny
petitioner's motion for Requisites otherfundamental oflessrestrictivemeansfor
reinvestigation on
the
basis
of
the
provisions of A.M. No. 11-6-10-SC rightssuchassuffrage, achievingt hatinterest.
would be to deprive him of the full measure of his right to due 1) The right to a hearing, which includes the right to present judicialaccess,
processonpurelyproceduralgrounds. one’scaseandsubmitevidenceinsupportthereof. interstatetravel
Procedural 2) Thetribunalmustconsidertheevidencepresented. Intermsofjudicial Determinesthequalityand
Our
SC
has held that “the twin requirements ofnotice
and hearing 3) Thedecisionmusthavesomethingtosupportitself. reviewofstatutesor theamountofgovernmental
constitute the essential elements of due process and neither of these ordinances: interestbroughttojustify
4) Theevidencemustbes ubstantial. theregulationof
elements can be eliminated without running afoul of the
fundamentalfreedoms.
constitutionalguaranty.” 5) The decision
must
be
rendered
on
the
evidence
presented
atthehearing. Rational Reviewforeconomic Rationallyfurthera
Judicial
6) The
tribunal
or
body or any of its judges must act on its or his Basis legislation;equal legitimategovernmental
Requirementsareasfollows
Standard protectionchallenges interest
1) There must be an impartial court or tribunal clothed with own independent consideration of the law and facts
of
the
judicialpowertohearanddeterminethematterbeforeit. controversy and not simply
accept
the
views
of
a subordinate Heightened Classificationbasedon Governmentalinterestis
inarrivingatadecision. or genderandlegitimacy extensivelyexaminedand
2) Jurisdiction must
be
lawfully
acquired
over
the
person
of
the
Immediate theavailabilityofless
defendant and
over
the
property
which
is
the
subject
matter of 7) The board or body should, in all controversial questions,
Scrutiny restrictivemeasures
theproceeding. render its decision in such a manner that the parties to the considered.
proceeding can know the various issues involved, and the
3) Thedefendantmustbegivenano
pportunitytobeheard.
reasonforthedecisionrendered. C.EqualProtectionofLaws
4) Judgmentmustberendereduponl awfulhearing.
Angv.Belaro,Jr.2019
InreAbellanav.Paredes2
019 Section 1.
xxx
nor
shall
any
person
be
denied
the equal protection
The right to be heard is the most basic principle of
due process.
ofthelaws.
Jurisprudence has recognized that the writ of habeas corpus may also There is only denial of due process when there is total absence or
be
availed
of
as a post-conviction remedy when,
as a consequence lackofopportunitytobeheardortohaveone'sdayincourt. Concept
sentence as to circumstance of a judicial proceeding, any of the
Technical rules of procedure are not strictly applied in administrative 1. Requires
that
all persons or things similarly situated should be
followingexceptionalcircumstancesisattendant:
proceedings and administrative due process cannot be fully treated alike, both as to rights conferred and responsibilities
1) there has been a deprivation of a constitutional right equated with due process in
its
strict
judicial sense. The essence
of
imposed.
resultingintherestraintofaperson; due process is simply to be heard, or as applied to administrative
2) thecourthadn
ojurisdictiontoimposethesentence;or proceedings, an opportunity to explain one's side, or an 2. Substantive equality is not enough. The law must also be
opportunity to seek a reconsideration of the action or ruling enforceda ndappliedequally.
3) the imposed penalty has been excessive, thus voiding the complainedof.
sentenceassuch excess. 3. In People v. Vera, the old Probation Law provided that the
Even if
it
were
true
that
petitioner or his counsel were not notified of LevelsofScrutiny probation system shall
be
applicable “only in
those provinces
the scheduled hearing, it is
still
not
enough
to
warrant a finding of in
which the respective provincial boards have provided for the
denial of due process. For in the application
of
the
principle of
due Test Dealswith How?
salary
of
a probation officer.” On its
face,
it
is a sound law. But
process, what is sought to be safeguarded is not lack of previous
Strict Freedomofthemind; Focusisonthepresenceof when applied, it discriminates against persons in one
noticebutthedenialoftheopportunitytobeheard.
Scrutiny restrictingthepolitical compelling,ratherthan province that may not be able to provide for the salary of a
process;regulationof substantialgovernmental probationofficer.Thus,theyaredeniedprobation.
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4. Significantly, in Yrasuegui v. PAL, the dismissal of an local-hire and foreign teachers, in light of the long honored convicted in
regular courts
in
terms
of
their
rights
as accused,
overweight flight
attendant was upheld
as
the
equal
protection legaltruism,“e
qualpayforequalwork.” asheldinGarciav.ExecutiveSecretary.
clause erects no shield against private conduct, however 6. In
DECS
v.
San
Diego, the three-flunk rule in NMAT was upheld 13. EO No 1 of President Benigno Aquino III on his “Truth
discriminatory or wrongful. In another case of International and not
violative
of
equal
protection
as there was a substantial Commission” was invalidated as it zeroed-in on the past
School
Alliance of
Educators v. Quisumbing, however, the equal distinction between medical students and
other
students who administrationofArroyo.
protectionclausewasappliedonaprivateentity. arenotsubjectedtotheNMATandthethree-flunkrule. 14. Also considered by the SC
as
discriminatory
was
Sec
5.24
of
Requisitesforvalidclassification 7. There also exists between presidential appointees occupying the IRR of the Reproductive Health Law. It nullified said
The grouping of persons or things similar to each other in certain upper-level positions in government from non-presidential law in Imbong v. Ochoa, saying that the conscientious
particularsanddifferentfromallothersinthesesameparticulars. appointees and those that occupy the lower positions in objection clause should
be
equally protective
of
the religious
1) Baseduponsubstantialdistinctions. government. belief of public health officers. There is no perceptible
8. Goldenway Merchandising Corporation v. Equitable PCI
Bank distinction why they should not be considered exempt from the
2) Germanetothepurposeofthelaw.
upheld Sec 47 RA 8791 that shortens the period of mandates of the law. The protection accorded to other
3) Notbelimitedtoexistingconditionsonly. conscientious objectors should equally apply to all medical
redemption for juridical persons whose properties were
4) Applyequallytoallmembersofthesameclass. foreclosed and sold in accordance with Act No 3135. There is practitioners without distinction whether they belong to the
substantial difference based on the nature of the properties privateorpublicsector.
SubstantialDistinctions
foreclosed, residence for natural persons, as compared to 15. In granting the petition in
Ang Ladlad LGBT Party v. COMELEC,
1. Certain
physical differences of persons can in some instance be
industrial or
commercial purposes for juridical persons which the Court further invoked the
principle of
non-discrimination,
the basis of a valid classification, i.e. strength, height and
necessitates a shorter redemption period to reduce the period asprovidedforalsoundertheICCPRandtheUDHR.
weight,healthcondition,age.
of uncertainty in the ownership of
said properties and enable PhilippinePlasticsIndustryAssociationv.SanPedro2 018
2. In Ceniza v. COMELEC, a law classifying cities as highly mortgagee-bankstodisposesooneroftheiracquiredassets. Resolution
urbanized if
they
had
an
annual revenue of at least P40 million
9. Garcia v.
Drilon validated RA
9262 or
the VAWC Law as there
and all others as component cities was
upheld since it
would The subject Ordinance did not violate the equal protection clause
is a need to employ protection upon women as
they are more of the
Constitution, as
there is
substantial distinction between
the
show whether a city is capable of
existence and development
likelytobevictimsofabuses. primary and secondary plastic packaging materials, or even between
independent from the province where it is geographically plasticpackagingmaterialsandplasticcutlery.
located. Being so, they are exempt from voting for provincial 10. In Tatad v. Secretary of Energy, the law deregulating the oil
officials. industry was declared unconstitutional on the ground inter alia RelevancetoPurposeofLaw
that it discriminated against the new players, insofar as it 16. Classification
will
still
be
invalid
if
not
relevant
or germane to
3. There is also a substantial distinction between barangay
placed them at a competitive disadvantage vis-a-vis the
officials and other elected public officials, in terms of thepurposeofthelaw.
established oil companies by requiring them to meet certain
term-limitandlengthofterm. Duration
conditionsalreadybeingobservedbythelatter.
4. RA 6770 which authorizes the Ombudsman to impose a 17. Classification
must
be
enforced
not
only
for
the
present but as
11. Serrano v. Gallant Maritime Services, Inc. declared that there
six-month preventive suspension, instead of the
civil
service longastheproblemsoughttobecorrectedcontinuestoexist.
was suspect classification against overseas workers with an
provisions of the Admin Code, which limits such suspension to 18. In People v. Cayat, the law prohibited members of the
unexpired portion of
one
year
or
more in their contracts which
notexceeding90days,doesnotviolateequalprotection.
burdensthemwithapeculiardisadvantage. non-Christian tribes from
drinking
foreign
liquor
as
they
have
5. In
International
School
Alliance
of
Educators
v.
Quisumbing, it lowtoleranceofsuchdrink.
12. There is no substantial distinction between those tried and
was ruled that there exists
no
substantial
distinction
between
convicted by a military court vis-a-vis those tried and
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19. In Ormoc Sugar Co., Inc. v. Treasurer of Ormoc City, an DPWHRegionIV-Av.COA2
019EnBanconSelectiveProsecution mortgaged properties are
more
often used for residential purposes. A
ordinance imposing 1% tax per export sale to the US of said shorter period of redemption is given to juridical persons whose
In People v. Dela Piedra, the Court declared that an erroneous
company was invalidated as it is restricted to the current properties are
more often used for commercial purposes. Goldenway
performance of statutory duty — such as an apparent selective
Merchandising explains that the shorter period is aimed to
ensure
condition that only one sugar mill exists in Ormoc. Should enforcement of the statute — could not be considered a
thesolvencyandliquidityofbanks.
there be another sugar mill, it will
not
be
imposed with such violation of the equal protection clause, unless the element of
taxastheordinancespecificallymentionedthepetitioner. intentionalorpurposefuldiscriminationisshown.
TheoryofRelativeConstitutionality Levelsofscrutiny D.RightAgainstUnreasonableSearchesand
Seizures
20. The constitutionality of
a statute
cannot,
in
every
instance,
be ⭐ZomerDevelopmentv.CA2020EnBancLeonen,J
determined by a mere comparison of its provisions with
In
Samahan ng Progresibong Kabataan v. Quezon City, this Court Sec
2.
The
right of
the people to be secure in their persons, houses,
applicable provisions of the Constitution, since the statute may summarized the
three (3) tests to determine the reasonableness papers, and effects against unreasonable searches and seizures of
be constitutionally valid as applied to one set of facts and ofaclassification: whatever nature and for any purpose shall be inviolable, and no
invalidinitsapplicationtoanother.
Thestrictscrutinytesta pplieswhenaclassificationeither searchwarrantorwarrantofarrestshallissuee xcept
21. A statute valid at one time may become void
at
another
time 1. uponprobablecause
1. interferes with t he exercise of fundamental rights,
becauseofalteredcircumstances. including the basic liberties guaranteed under the 2. tobed
eterminedpersonallybythejudge
22. Thus,
if a statute in its practical operation becomes arbitrary or Constitution,or
3. after examination under oath or affirmation of the
confiscatory, its validity, even though affirmed by a former 2. burdenss uspectclasses.
complainantandthewitnesseshemayproduce,and
adjudication, is open to inquiry and investigation in the
The intermediate scrutiny test applies when a classification 4. particularly describing the
place
to
be
searched
and
the
lightofchangedconditions. does not
involve suspect
classes or
fundamental
rights,
but requires
personsorthingstobeseized.
ApplicabilitytoAll heightened scrutiny,
such
as
in
classifications
based on gender and
legitimacy. Conceptofprivacy
23. Substantive similarity will suffice; and as long as this is
achieved, all those covered by the classification are to be Lastly, the rational basis test applies to all other subjects not 1. The rights against unreasonable searches and seizures
and
to
coveredbythefirsttwotests. the privacy of communication and correspondence are
treatedequally.
A "suspect class" is "a class saddled with such disabilities, or availabletoa
llpersons.
24. In
Villegas
v.
Hiu
Chong
Tsai
Pao
Ho, an
ordinance
imposing a
subjected to such a history of purposeful unequal treatment, or 2. Such
right
is
personal
and
may
only be invoked by the person
work
permit fee of P50.00 upon all aliens desirous of obtaining relegated to such a position of political powerlessness as to
employment in Manila was struck down noting
that
the same command extraordinary protection from the majoritarian political entitledtoit.
amount is being collected whether the alien is casual or process." 3. The “right to be left alone” extends not
only
to
the
privacy
of
permanent, part time or full-time, or whether he is a lowly Juridicalentitiescannotbeconsidereda"suspectclass." one’s home but also to his office, including the papers and
employeeorahighlypaidexecutive. effectsthatmaybefoundthere.
The rational basis test may be applied to determine the
25. In Tatad v. Secretary of Energy, the SC struck down a law constitutionality of Republic Act No. 8971,
Section
47.
The
rational 4. The right applies as a distraint directed only against the
deregulating the downstream oil industry for violation of the basistestrequiresonlythat government and its agencies tasked with
the
enforcement
of
equal protection clause
as
it
favored the oligopoly of
the 3 big a) therebeal egitimategovernmentinterestandthat thelaw.
players to
the
prejudice
of
prospective investors that would be b) there
is
a reasonable
connection between it and the means Conceptofasearch
saddled with
requirements already complied with
by the three employedtoachieveit.
oilgiants. 1. What constitutes a reasonable or unreasonable search and
A longer period of redemption is given to natural persons
whose
seizure in any particular case is purely a judicial question,
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determinable from a consideration of the circumstances 2. Thus,inSolivenv.Makasiar,t hejudgeshall: the search of the office and the seizure of documents,
involved. paraphernalia, properties and other implements of any
a. Personally evaluate the report and the supporting
Requisitesofavalidwarrant unlicensed recruiter for overseas employment, was declared
documents submitted by the fiscal regarding the
unconstitutional.
1) ExistenceofProbableCause existence of probable cause and on
the
basis
thereof,
Peoplev.Gabiosa,Sr.2
020
1. Probable cause has been defined as referring to “such facts issueawarrantofarrest,or
and circumstances antecedent to the issuance of the warrant b. If on the basis
thereof
he
finds
no
probable
cause,
he There is no
need
to
examine
both the
applicant
and
the
witnesses
if
eitheroneofthemissufficienttoestablishprobablecause.
that in themselves are sufficient to induce a cautious man
to may disregard the fiscal’s report and require the
relyonthemandactinpursuancethereof.” submission of
supporting affidavits of witnesses to The searching questions propounded to the applicant and the
aid
him
in
arriving
at
a conclusion as
to
the existence witnesses depend largely on the discretion of the judge. It is
2. A finding of probable cause
need
not
be
based
on
clear
and axiomaticthat
ofprobablecause.
convincing evidence, or
on
evidence beyond reasonable doubt.
1) the examination must be probing and exhaustive, not
But,itmustbemorethanmeresuspicion. 4. In other words, as was held in Enrile v. Salazar, the judge
merely routinary, general, peripheral, perfunctory or
3. The
warrant
must
refer
to
only one specific offense, provided need not personally determine the existence of probable cause pro-forma;
by examining under oath or affirmation the complainant and 2) the judge must not simply rehash the contents of the
inSec3Rule126oftheRulesofCourt.
his witnesses, it being sufficient that he follows established affidavit but must make his own inquiry on
the
intent
and
Estradav.OfficeoftheOmbudsman2
015EnBanc justificationoftheapplication;
procedure by personally evaluating the report and
Probable cause can be established with hearsay evidence, as supportingdocumentssubmittedbytheprosecutor. 3) the questions should not merely be repetitious of t he
long as there is substantial basis for crediting the hearsay. averments stated in the affidavits or depositions of the
5. In
People
v. Desmond, MeTC or MTC, and MTCC judges are no
Hearsay evidence is admissible in determining probable cause
in
a applicantandthewitnesses.
preliminary investigation because such investigation is merely longer authorized to conduct preliminary investigations as
preliminary, and
does not
finally
adjudicate
rights and obligations of perAMNo.05-8-26-SC,30August2005.
Fenixv.CA2
016
parties. 6. In
Ho
v.
People, the
objectives
of
the
prosecutor
and
the judge
We uphold
the power of
judges to dismiss a criminal
case
when the
indeterminingprobablecauseweredistinguished: evidence on record clearly fails to establish probable cause
for
the
Peoplev.Ramon2019
Prosecutor Judge issuanceofawarrantofarrest.
The
quantum of
proof
to
establish
probable cause and a prima
First, judges have no capacity to review the prosecutor's
facie
case
for
purposes of
issuance
of
an arrest warrant and for Whether there is reasonable If a warrant of arrest should be determination of probable cause. That falls under the office of the
preliminaryinvestigationareoneandthesame. ground to believe that the issued to place the accused in DOJSecretary.
If the evidence on record does not clearly establish probable cause accused is guilty and should be immediate custody so as not to
heldfortrial. frustratetheendsofjustice. Second, once a complaint or an Information has been filed, the
then the imperative is for the prosecutor or the
judge
to
relieve the
disposition of the case is addressed to the sound discretion of the
accused from the pain of going through trial. Conversely, if the finding
Conductspreliminary Conducts preliminary inquiry/ court,
subject
only to the qualification that its action must not impair
by the prosecutor or the judge is that the evidence on record
investigationproper examination the
substantial rights of
the accused
or
the right
of
the People to due
sufficiently establishes a prima facie
case
or
probable cause against
processoflaw.
theaccused,theaccusedshouldbeindictedandheldfortrial.
Executive: for the purpose of Judicial: to ascertain whether a Third, the judge's determination of probable cause has a different
filing a criminal information in warrant o f arrest should be objectivethanthatoftheprosecutor.
2) PersonalDeterminationbytheJudge court issued.
1. Such issuance is not a ministerial function of the judge who had The judge
is
not
compelled to follow the prosecutor's certification of
the existence of probable cause. As
stated in
People
v.
Inting, "it
is
the right to determine for himself the existence of probable 7. In Salazar v. Achacoso, Art 38(c) of
the
Labor Code
which the report, the affidavits, the transcripts of stenographic notes, and all
cause.Heisnotboundbythefindingsoftheprosecutor. empowers the SOLE to cause the arrest and detention and order
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other supporting documents behind the prosecutor's certification 9. A search warrant is severable. Those items which are not
4) ParticularityofDescription
whicharematerialinassistingthejudgetomakehisdetermination." particularly described may simply be cut off without
1. The Constitution requires that the place
to
be
searched
or
the destroying the whole warrant. (Microsoft Corporation v.
The panel's act of resolving the complaint against petitioners and
Ong primarily on the basis of Doble's evidence, and
in
spite
of
the persons or things to be seized be described with such Maxicorp,Inc.)
timely submission of the counter-affidavits, was clearly committed particularity as to enable the person serving the warrant to
10. The fact that the officers, after making a legal search and
withgraveabuseofdiscretion. identify them. Otherwise, it is considered as a general
seizure under the
warrant,
illegally made a search and
seizure
warrantwhichisproscribed.
of
other property not within the warrant does not invalidate the
3) ExaminationofApplicant 2. Testsforspecificity: firstsearchandseizure.
1. Evidence must be based on the personal knowledge of those a) When the description therein is as specific as the 11. The Constitution requires search warrants to particularly
who offered same and not on mere information or belief. circumstanceswillordinarilyallow; describe not
only the place to be searched, but also the persons
Hearsayisnotallowed.
b) When the description expresses a conclusion
of
fact tobesearched.
2. In Alvarez v. CFI, a search warrant was annulled as it was
— not of
law
— by
which
the
warrant
officer
may
be 12. In
People
v.
Tiu
Won
Chua, the
validity
of
the
search warrant
issuedofanaffidavitbasedon“reliableinformation”only. guided; was upheld despite the
mistake in
the
name of
the
persons
to
3. In
the
Burgos
case, the application for search warrants filed by c) When
the
things
described
are
limited
to
those
which be searched, because the authorities conducted surveillance
two
military
officers on the basis of “the evidence gathered and bear direct relation to the offense for which the and a test-buy operation before obtaining the search warrant
collectedbyourunit”wasr ejected. warrantisbeingissued. andsubsequentlyimplementingit.
4. By contrast, the search warrant was sustained in Yee Sue Koy v. 4. A search warrant need not identify with particularity the Dimalv.People2
018
Almeda, where it was shown that the complainant and his person against
whom it
is
directed;
it
suffices
that the place to A
description of
a place
to be searched is sufficient if the officer with
witnesses, of
their
own personal knowledge obtained from the besearchedandthethingstobeseizedaredescribed. the warrant can ascertain and identify with reasonable effort the
personal investigations conducted by them, both declared place intended, and distinguish it from other places in the
5. While
a
John
Doe
warrant is generally held invalid, it is enough
under oath that the petitioner was engaged in usurious community. A designation that points out the place to be searched to
if there is some descriptio personae that will enable the
activities. the exclusion of
all others,
and on inquiry unerringly leads the peace
officertoidentifytheaccused. officerstoit,satisfiestheconstitutionalrequirementofdefiniteness.
5. The cases of Mata v. Bayona and Tabujara v. People
6. Awarrantwouldbev
alid: In Vallejo v. CA, the Court clarified that technical precision of
invalidated the search warrant and warrant of arrest,
a) When it
enables
the
police
officers
to
readily
identify description is not required. It is only necessary that there be
respectively, as they were based solely on the statement of
reasonable particularity and certainty as to the identity of the
witnesses whom the judge did not personally examine in thepropertiestobeseized;
property to
be searched for
and
seized,
so
that
the
warrant
shall
not
writingandunderoath. b) It leaves them with no discretion regarding the beamerer ovingcommission.
6. A challenge against the participation of a private person in a articlestobeseized; An otherwise overbroad warrant will comply with the
particularity
search warrant proceeding was rejected in PLDT v. HPS c) When the things described are limited to those that requirement when the affidavit filed in support of the warrant is
Software and Communication Corporation, for as long as physically attached to it, and the warrant expressly refers to the
bearadirectrelationtotheoffensecharged.
the private party is in collaboration with the NBI or such affidavitandincorporatesitwithsuitablewordsofreference.
8. Only the articles particularly described in the warrant
can
be
government agency. The party may file an opposition to a Warrantlesssearches
seized, and
no
other property
can
be taken thereunder unless it
motion to
quash the search warrant issued by the court, or
isprohibitedbylaw. 1) Consentedsearches
a
motion for reconsideration of the court order granting such
motiontoquash.
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1. It
is
not
to
be
lightly
inferred
and
must
be
shown
by
clear and implied acquiescence, which amounts to no consent at all. The 8. Antiquera
v.
People, in acquitting the accused, declared, citing
convincingevidence. validity of a supposedly
consented
warrantless search
is
contingent People v. Martinez, that a waiver of an illegal warrantless
onthetotalityoftheattendantcircumstances. arrest
does not
carry
with
it
a waiver
of
the inadmissibility
of
2. It must be voluntary in order to validate an otherwise
illegal
search;thatis,theconsentmustbe Here, Sison, who was then unarmed, was prodded by the arresting evidenceseizedduringtheillegalwarrantlessarrest.
officers to
open
the pickup's hood. His beguiling conformity is easily
a) unequivocal, 9. May
only
be
made within the permissible area of search, or the
accounted by how he was then surrounded by police officers who
had specifically flagged him and his companions down. He was place within the immediate control of the person being arrested
b) specific,
under the coercive force
of
armed law
enforcers. His consent, if asperEspanov.CA.
c) intelligentlygivenand atall,wasclearlyvitiated. 10. It has later been ruled that a search substantially
d) uncontaminatedbyanyduressorcoercion. contemporaneous with
an arrest can precede the arrest if the
2) Incidenttoalawfularrest
3. Itmustbeshownthat police
have
probable
cause
to
make the
arrest
at
the
outset of
1. The individual being arrested may be frisked for concealed thesearch.
a) Therightexists;
weapons that
may
be
used
against
the
arresting
officer
and
all ⭐Manibogv.People2
019Leonen,J
b) That
the
person
involved had knowledge. Either actual unlawful articles found in his person or within his
orconstructive,oftheexistenceofsuchright;and immediatecontrolm aybeseized. For
a "stop and
frisk" search to
be
valid, the totality of suspicious
circumstances, as personally observed by the arresting officer, must
c) The
said
person
had
an
actual intention
to relinquish 2. People v. Figueroa stressed that evidence obtained during a lead to a genuine reason to
suspect that
a person is
committing an
theright. warrantless search
made
before, and
not
after,
a warrantless illicitact.
4. The
following
characteristics
of
person
giving
consent
and the arrestwouldbeinadmissible. Two (2)
of
the exceptions to a search warrant—a warrantless search
environmentinwhichconsentisgivenmaybeofhelp: 3. While buy-bust operations have
been
recognized
as
valid,
it incidental to
a lawful
arrest and "stop and frisk"—are often confused
with each other. Malacat v.
CA explained that they "differ in terms of
1) Ageofdefendant; must
be
distinguished from
instigation, when a person who is
the requisite quantum of
proof before
they
may
be
validly effected
otherwise not predisposed to commit the crime is
enticed
or andintheirallowables cope."
2) Publicorsecludedplace;
luredortalkedintocommittingthecrime.
3) Objectedorpassivelylookedon; The lawful arrest generally precedes, or is substantially
4. Decoy solicitation or the act of soliciting drugs during a contemporaneous, with the search. In direct contrast with
4) Educationandintelligence; buy-bustoperationhasbeenruledasv
alid. warrantless searches incidental to a lawful arrest, stop and frisk
searchesareconductedtodetercrime.
5) Presenceofcoercivepoliceprocedures; 5. Prior surveillance is
not
necessary
for
as
long
as
the
buy-bust
teamisaccompaniedtothetargetareabyt heinformant. For
a valid
stop
and
frisk
search,
the arresting
officer must have had
6) Beliefthatnoincriminatingevidencewillbefound;
personal knowledge of facts, which would engender a reasonable
7) Natureofpolicequestioning; 6. Warrantless arrests made on the basis alone of “tips” or degreeofsuspicionofanillicitact.
“reliable information” is not sufficient. It is further required To sustain the validity of a stop and frisk search, the arresting
8) Environmentwherequestioningtookplace;and
that
the
accused
performed some overt act that would indicate officer should have personally observed two (2) or more
9) Possibly vulnerable subjective state of the person that
he
has
committed,
is actually committing, or is attempting suspicious circumstances, the totality of which would then create a
consenting. tocommitanoffense. reasonable inference of criminal activity to compel the arresting
officertoinvestigatefurther.
⭐Peoplev.Yanson2
019Leonen,J 7. The warrantless arrests of the accused which were based solely
It cannot be
said
that Sison, the
driver,
consented to
the search on
a “report
from
a civilian
asset”
or
mere
“information”
were 3) Of vessels and aircraft
for
violation
of
immigration,
customs,
made by the arresting officers. Jurisprudence has settled that mere likewise invalidated in People v. Tudtud and People v. anddruglaws
passive conformity or silence to the warrantless search is only an Nuevas.
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1. In
People
v.
Aminnudin, where
the
accused
was searched and intrusivetomotorists.R
outineinspectionsm
aybehad:
minimal intrusiveness, the
gravity
of
the
safety
interests involved,
arrested upon disembarkation from a passenger vessel, the a) where the officer merely draws
aside
the
curtain
of
a and the reduced privacy expectations associated with airline
Court held that there was no urgency to effect a warrantless vacant vehicle which is parked on the public travel.
search. The Philippine Constabulary had at least two days fairgrounds;
within which they could have
obtained a warrant to search and b) simplylooksintoavehicle; DelaCruzv.People2
016Leonen,J
arrest
the
accused. Yet,
they
did
nothing; no effort was made to Here,
petitioner presented his bag for
scanning in
the
x-ray machine.
c) flashesalightthereinwithoutopeningthecar'sdoors;
complywiththelaw. When his
bag went through the x-ray machine and the firearms were
d) where
the
occupants
are
not
subjected to a physical or detected, he voluntarily submitted his
bag
for
inspection to
the
port
2. Search made pursuant to routine airport security procedure
bodysearch; authorities.
which is allowed under Sec 9 of RA 6235 was applied in
e) where the inspection of the vehicles is limited to a Customs searches are allowed when persons exercising police
People v. Johnson and People v. Canton, such that
visualsearchorvisualinspection;and authority under the customs law effect search and seizure in the
announcements place passengers on notice that ordinary
f) wheretheroutinecheckisconductedinafixedarea. enforcementofcustomslaws.
constitutional protections against warrantless searches and
seizuresdonotapplytoroutineairportprocedures. 2. In the cases of Caballes v. CA and People v. Libnao, a Hence,tobeavalidcustomssearch,therequirementsare:
checkpoint search
may
either
be a mere routine inspection, 1) the person/s conducting the search was/were exercising
3. The scope of
a search
pursuant
to
airport
security
procedures
policeauthorityundercustomslaw;
isnotconfinedonlytosearchforweapons. oritmayinvolveane
xtensivesearch.
2) thesearchwasfortheenforcementofcustomslaw;and
4) Ofmovingvehicles 3. For a mere routine inspection, the search is normally
3) theplacesearchedisnotadwellingplaceorhouse.
permissiblewhenitis:
1. In People v. Dequina, the SC considered dried marijuana Here,
the facts
reveal
that the search was part of routine port security
leaves in traveling bags being carried or transported by the a. limitedtoamerev
isualsearch, measures. The search was not conducted by persons authorized
accused in a taxi cab as admissible
in
evidence against
them. b. where
the
occupants
are
not
subjected to a physical or under customs law. It was also not motivated by the provisions of the
Since a crime was actually then being committed by the Tariff and Customs Code or other customs laws. Although customs
bodysearch.
searches usually occur
within ports
or terminals, it is important that
accused, their warrantless arrest was legally justified,
as well 4. On the other hand, when the vehicle is stopped and subjected to thesearchmustbefortheenforcementofcustomslaws.
astheensuingsearch.
an
extensive
search, it
would
be constitutionally permissible
2. A warrantless search and seizure involving
an
accused
which onlyif 6) Wheretheprohibitedarticlesarein‘plainview’
was caught
in
flagrante
delicto
transporting
marijuana
using
a a. the officers conducting the search had reasonable or 1. Thefollowingrequisitesmustconcur:
bicyclewasupheldinP eoplev.Penaflorida.
probable cause to believe, before the search, that either a) Prior
justification
for
an
intrusion
or
is in a position
3. It
has
been
clarified
though
that the
exception from securing a themotoristisalawoffenderor fromwhichhecanviewaparticulararea;
search warrant when it comes to moving vehicles does not give b. they will find the instrumentality or evidence
b) Inadvertentd
iscovery;
the police authorities unbridled discretion to conduct a pertainingtoacrimeinthevehicletobesearched.
warrantless search of an automobile. Probable cause must c) Immediately
apparent
to
the officer that the item he
Peoplev.Johnson
exist. observes may be evidence of a crime, contraband
or
Persons may lose
the
protection
of
the
search
and seizure clause by otherwisesubjecttoseizure;
5) Ofautomobilesatbordersorconstructiveborders exposure of their persons or property to the public in a manner
1. One such form of search of moving vehicles is the reflecting a l ack of
subjective expectation of
privacy, which d) Justified mere seizure of evidence without further
"stop-and-search" for as long as it is warranted by the expectation society is prepared to recognize as reasonable. Such search.
recognition is implicit in airport security procedures. There is
exigencies of public order and conducted in a way least
little question that such searches are reasonable, given their
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2. If the package proclaims its contents, whether by its (a) eyes were moving fast. There was no reasonable ground to
searches and indiscriminate seizures nor to extend a general
distinctive configuration, its (b) transparency, or its (c) exploratorysearchmadesolelytofindevidenceofdefendant'sguilt. believethatthepetitionerwasarmedwithadeadlyweapon.
contents are obvious to the observer, then
the
contents
are
in In
the
case at hand, while it can be said that the presence of the police 4. There must be a confluence of several suspicious
plainview. officers was legitimate as they were patrolling the area and that circumstances. A solitary tip hardly suffices as probable
discovery of the plastic sachet was inadvertent, it should be cause; items seized during warrantless searches based on
3. The element of inadvertence would not be present if the
emphasized that, as to the third requisite, it was clearly not solitarytipsareinadmissibleasevidence.(P eoplev.Yanson)
police officers intentionally entered the house with no prior apparent that such plastic sachet is an evidence of a crime, a
surveillance or investigation before they discovered the contraband,orotherwisesubjecttoseizure. Peoplev.Cristobal2
019
accusedwiththesubjectitems.
7) Of buildings and premises to enforce fire, sanitary, and The CA overlooked the fact that the seized items were confiscated
4. The
“immediately
apparent” test
does
not
require
an
unduly
fromCristobalashewasbeingissuedatrafficviolationticket.
high degree of certainty as to the incriminating character of building regulations. — This is basically an exercise of the police
power of the State, and
would not require
a search warrant.
These The police officers' act of proceeding to search Cristobal's body,
evidence; that a nexus exists between the viewed object and
despite their own admission that they were unable to find any
criminalactivity. are
routine inspections which,
however, must be
conducted during
weapononhim,constitutesaninvalidandunconstitutionalsearch.
reasonablehours.
5. In People v. Bolasa, acting on an anonymous tip, the
warrantless arrest
and search of
the suspects were invalidated 8) Stopandfriskor“Terrysearches” 9) Underexigentandemergencycircumstances
as the objects seized were not in plain view as
it
was shown 1. In
People
v.
de
Gracia, the
raid of, and the consequent seizure
In
Manalili v.
CA, the policemen chanced upon the accused who had
that the
police
officers had
to
peep to
see
them. They ought
to of firearms and ammunition in, the Eurocar Sales Office was
reddish eyes, walking in
a swaying
manner,
and
who appeared
to
be
have conducted prior surveillance and obtained a search held valid, considering the exigent and emergency situation
higho ndrugs;thus,thesearch.
warrant. obtaining. The military operatives had reasonable grounds to
6. In People v. Figueroa, where, while serving a warrant of 1. The
apprehending
police
officer
must
have
a genuine reason, believe that a crime was being committed, and they had no
arrest, police officers
searched the
house and found a pistol, a in accordance with the police officer’s experience and the opportunity to apply for a search warrant from the courts
magazine and seven rounds of
ammunition, the
seizure of
the surrounding conditions, to
warrant the belief that the person to becausethelatterwereclosed.
firearm and ammunition was held lawful, because the
objects be held has weapons or contraband concealed about him. It
10) Atmilitarycheckpoints
seized were
in
plain
view of
the officer who had the right to be should, therefore, be emphasized that a search and seizure
intheplacewherehewas. shouldprecedethearrestfortheprincipletoapply. In People v. Malmstedt, a passenger bus
was stopped at
a military
7. In
People
v.
Salanguit, the
peace officers entered the dwelling 2. In People v. Solayao, the Supreme Court found justifiable checkpoint for inspection.
One of
the
soldiers noticed a bulge on the
armed with a search warrant for the
seizure
of
shabu
and drug reason to apply the “stop-and-frisk” rule, because of the waist of the accused which turned out to be a pouch containing
paraphernalia. In
the course of the search, they found the shabu drunken actuations of the accused and his companions, and hashish. Further search revealed more hashish concealed in several
first, and then came upon an article wrapped in newspaper because of
the
fact
that his companions fled when they saw the teddybearshewascarryinginhisbag.
which turned out to
be marijuana. Once the valid portion of the policemen, and finally, because the peace officers were
search warrant has been executed, the “plain view” doctrine can precisely on an intelligence mission to verify reports that Saludayv.People2 018EnBanconBusSearchesandInspections
no longer provide any basis for admitting the other items armedpersonswereroamingthevicinity. In
the
conduct
of
bus
searches, the
Court
lays down the following
subsequentlyfound. 3. The
rule
was not
applied in
Malacat v. CA, where the Supreme guidelines.
DominguezyArganav.People2
019 Court said that there was no valid search because there was Prior to entry, passengers and their bags and luggages can be
nothing in the behavior or conduct of the petitioner which subjected to a routine inspection akin to airport and seaport
The "plain view" doctrine may not be used to launch unbridled could have elicited even mere suspicion other than that his securityprotocol.Inthisregard,
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1. metal detectors and x-ray scanning machines can be search, courts must be convinced that precautionary committed and the peace officer or private person's perception or
installedatbusterminals; measures were in place to ensure that no evidence was observation of the accused's presence at the incident
or
immediate
plantedagainsttheaccused. vicinity.
2. passengerscanalsobefrisked;
Aside from public transport buses, any moving vehicle that The rule only
requires that
the
accused perform some overt
act
that
3. in lieu of electronic scanners, passengers can be required
similarly accepts passengers at the terminal and along its route would indicate that he has
committed, is
actually committing, or
is
instead to open their bags and luggages for inspection, which
is likewise covered by these guidelines. However, the guidelines attempting to commit an offense. Therefore, it does not
matter that
inspectionmustbemadeinthepassenger'spresence;
donotapplyto accused-appellant was previously identified only from a CCTV
4. should the
passenger object, he or she can validly be refused footage supposedly covering his
previous criminal conduct
because
a) privately-ownedcars;and
entryintotheterminal. he was seen by PO2 Intud and PO2 Monilar performing an overt act of
b) moving vehicles dedicated for
private
or
personal
use, drawingagunashewasabouttoenterLBC.
While in transit, a bus can still be searched by government agents or asinthecaseoftaxis.
the security personnel of the bus owner in the following three
instances. Peoplev.Gardon-Mentoy2019
⭐Vaporosov.People2
019
1. First, upon receipt of information that a passenger carries
Inspections at checkpoints are confined to visual searches. An
contraband or
illegal articles, the bus where the passenger is The first search made on petitioners, i.e., the cursory body search extensive search of
the
vehicle is permissible only when the officer
aboard can
be
stopped en
route to allow for an inspection of which, however, did not yield any drugs but only personal belongings conducting the search had probable cause to believe prior to the
thepersonandhisorhereffects. of petitioners, may be considered as a search incidental
to
a lawful search that he will find inside the vehicle to be searched the
2. Second, whenever a bus picks passengers en route, the arrest as
it was done contemporaneous to their arrest and at the place instrumentalityorevidencepertainingtothecommissionofacrime.
prospective passenger can be frisked and
his
or
her bag
or of apprehension. On the other hand, the same cannot
be
said of
the
luggage be subjected to the same routine inspection by second search which yielded the drugs subject of this case, Under Section 5(a),
the
officer
himself witnesses the
commission of
government agents or private security personnel as
though considering that a substantial amount of time had already elapsed the
crime; under Section 5(b),
the officer actually knows that a crime
thepersonboardedthebusattheterminal. from the time of the arrest to the time of the
second
search, not to hasjustbeencommitted.
mention the fact that the second search was conducted at a venue The
arrest
of
the accused did not justify the search because the
3. Third, a bus can
be
flagged down at
designated military or
otherthantheplaceofactualarrest,i.e.,thePanaboPoliceStation. arrestdidnotprecedethesearch.
police checkpoints where State agents can
board the vehicle
for a routine
inspection of
the
passengers and
their
bags
or Warrantlessarrestsanddetention
luggages. Porteriav.People2
019
There
are
three
(3)
instances
when
warrantless
arrests may be lawfully
In
both situations, the inspection of passengers and their effects prior effected.Theseare: The prosecution failed to
establish any overt act which could lead to
to
entry at
the
bus
terminal and
the search of the bus while in transit Marvin's in flagrante delicto arrest.
There was also
no evidence
that
must also satisfy the following conditions to qualify as a valid a) anarrestofasuspectinflagrantedelicto;
the arresting officers, or SPO4 Pequiras in particular, knew of an
reasonablesearch. b) Hot pursuit. — an arrest of a suspect where, based on offense that
was
just
committed and that
Marvin was the perpetrator
1. First, as to the manner of the search, it must be the least personal knowledge of the arresting officer, there is probable oftheoffense.
intrusive and must uphold the dignity of the person or cause that said suspect was the perpetrator of a crime
which
hadjustbeencommitted;and In the same manner, the present circumstances do not suffice to
persons being searched, minimizing, if not altogether
fulfill the
requirements for
a hot
pursuit arrest. The prosecution did
eradicating, any cause for public embarrassment, c) anarrestofaprisonerwhohasescaped.
not allege and prove that SPO4 Pequiras and the arresting officers had
humiliationorridicule.
Peoplev.Olarte2
019 personal knowledge of facts that Marvin had just committed an
2. Second, neither can the search result from any offense. Neither does the anonymous report of
a suspicious person
discriminatory motive such as insidious profiling, Here, the offense had already been consummated but not in the operate to vest personal knowledge on
the
police officers
about the
stereotypingandothersimilarmotives. presence of the peace officer or private person who, nevertheless, commissionofanoffense.
3. Third, as
to
the
purpose
of
the
search,
it must be continued should have personal knowledge of facts or circumstances that the
toensurepublicsafety. person to be arrested had committed it. More importantly, there is
4. Fourth, as to the evidence seized from the reasonable durational immediacy between the offense that had just been
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Exclusionaryrule 1) File a motion to quash the search warrant and motion to
determine
suppress evidence illegally obtained if a search
warrant
is
1. “Fruit of the poisonous tree” doctrine, non-exclusionary 1. whether a person has exhibited
a reasonable
expectation
issuedandthesameisinvalid.
rule originally enunciated in Stonehill v. Diokno and later ofprivacyand,ifso,
2) File a petition
for
certiorari
on
the
ground
of
grave
abuse
of
constitutionallyaffirmedinS ec3(2)ArtIII. 2. whether
that
expectation
has
been
violated
by unreasonable
discretion amounting to lack or excess of jurisdiction on the governmentintrusion.
2. Evidence illegally obtained
however
may
nonetheless
be
used
partofthejudgewhoissuedthesearchwarrant.
in
the
judicial or administrative action that may be filed against Petitioners were invited in the Senate's public hearing to
deliberate
3) Interpose a timely objection when the prosecution is on Senate Res. No. 455. The inquiry focused on petitioners' acts
theofficerresponsibleforitsillegalseizure.
formally offered the evidence during the trial for the committed in
the discharge of their duties as officers and directors of
3. Such objection should be made before arraignment as per the said corporations. Consequently, they have no reasonable
inadmissibility of the evidence. The failure to object to the
Peoplev.Zaspa.Otherwise,waiversetsin. expectation of privacy over matters involving their offices in a
illegality of the
arrest
does
not
include the
waiver to
object to corporationwherethegovernmenthasinterest.
4. The
constitutional
guaranty
against
unreasonable searches and theinadmissibilityoftheobjectsconfiscated.
This goes to show that the right to privacy is not absolute where
seizure is applicable only against government
authorities
and 4) File a criminal case for violation of domicile or illegal there is an overriding compelling state interest. In Valmonte v.
NOTtoprivateindividualssuchastheb arangaytanod. procurementofsearchwarrant. Belmonte, the Court
remarked that as public figures, the Members of
5. In Del Castillo v. People, however, having been established the former Batasang Pambansa enjoy a more limited right to
5) Ask for
the
return
of
the
objects
confiscated
when
the
same
is
privacy as compared to ordinary individuals, and their actions
are
that the assistance of the barangay
tanods
were
sought by the not illegal. However, this can only be asked during the subjecttocloserscrutiny.
police authorities who effected the search warrant, the same terminationofthecase.
barangay tanods therefore acted as agents of persons in
Effectsofillegaldetention Vivaresv.STC2
014
authority. Thus, the constitutional proscription applied to
them. The conspicuous illegality of the arrest cannot affect the Without an actionable entitlement in the first place to the right to
jurisdiction of the trial court, because even in instances not allowed informational privacy, a habeas data petition will not prosper. Is
6. The complaint for warrantless searches charges no criminal there a right to informational privacy in OSN activities of its
offense. The remedy is civil under Article 32, in relation to by law, a warrantless arrest is not a jurisdictional defect,
and any
users?
Article2219(6)and(10)oftheCivilCode. objection thereto is waived when the person arrested submits to
TherighttoinformationalprivacyonFacebook
arraignmentwithoutanyobjection.
Polangcosv.People2
019 Before one can have an expectation of privacy in his or her OSN
activity, it is first necessary that said user, in this case the children
Polangcos' violations were punishable only by
a city
ordinance
that E.PrivacyofCommunicationsandCorrespondence of petitioners, manifest the intention to keep certain posts
prescribes as penalty certain fines. SPO2 Juntanilla thus conducted an private, through the employment of measures to prevent
illegal
search
when
he frisked Polangcos for
the foregoing violations Section 3. The privacy of communication and correspondence access thereto or to limit its visibility. And this intention can
whichwerepunishableonlybyfine. shallbeinviolablee xcept materialize in cyberspace through the utilization of the OSN’s privacy
Ultimately, Polangcos must
be acquitted,
as
the
corpus delicti
of
the tools. In other words, utilization of these privacy tools is the
a) uponlawfulorderofthecourt,or
crime,
i.e.
the
seized
drug,
is
excluded evidence, inadmissible in any manifestation, in cyber world, of
the
user’s invocation of
his
or her
proceeding, including this one, against him. This is in accordance b) when public safety or order requires otherwise, as righttoinformationalprivacy.
withtheexclusionaryrulei nSection3(2),ArticleIII. prescribedbylaw.
Intrusion,whenandhowallowed
Conceptofcommunications,correspondence
Effectsofunreasonablesearchesandseizures Pollov.David2
011EnBanc
InreSabio
Remediesagainstunlawfulsearches The existence of privacy right under prior decisions involved a
In
evaluating a claim for violation of the right to privacy, a court must two-foldrequirement:
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may monitor the use of the computer resources using both automated
first, that a person has exhibited an actual (subjective) The form of expression is just as important as the information
or human means. This implies that
on-the-spot
inspections may be
expectationofprivacy;and conveyed that
it
forms
part
of
the
expression. The
present case
is
in
done to
ensure
that
the
computer resources were
used
only
for such
point. Large tarpaulins, therefore, are not analogous to time and
second, that the expectation be one that society is prepared
to legitimatebusinesspurposes.
place. They are fundamentally part of expression protected under
recognizeasreasonable(o bjective).
Exclusionaryrule ArtIII,Section4.
In Mancusi v. DeForte, the US Supreme Court held that a union
Any evidence obtained in violation of this xxxx section shall be speech must be protected under the safety valve theory. This
Free
employee had Fourth Amendment rights with regard to an office at
unionheadquartersthathesharedwithotherunionofficials. provides that “nonviolent manifestations of dissent reduce the
inadmissibleforanypurposeinanyproceeding.
likelihood of violence.” This court has held free speech and other
In O'Connor the Court recognized that "special needs" authorize intellectual freedoms as “highly ranked in our scheme of
warrantless searches involving public employees for work-related F.FreedomofSpeechandExpression constitutional values.” These rights enjoy precedence and
reasons. The Court thus laid down a balancing test under which primacy.
government interests are
weighed against the
employee's reasonable
Sec 4. No
law
shall be
passed
abridging the freedom of
speech,
of This primordial right calls for utmost respect, more so “when
expectationofprivacy.
expression, or of the
press,
or
the
right
of
the people
peaceably to what may be curtailed is the
dissemination
of
information to
make
This Court, in Social Justice Society (SJS) v. DDB has also assembleandpetitionthegovernmentforredressofgrievances. moremeaningfultheequallyvitalrightofsuffrage.”
recognized the fact that there
may
be
such
legitimate intrusion of
privacy in the workplace. The employees' privacy interest in an Sec 18. No person shall be detained solely by reason of his Balancebetweenunbridledexpressionandliberty
officeistoalargeextentcircumscribedby
politicalbeliefsandaspirations.xxxx Restrictions on speech
may be
resorted
to
by
the
state
for
reasons
1) thecompany'sworkpolicies,
of public
order,
national
security,and other situations which impel
2) the CBA, if any, entered into by management and the Sec 8. The right of the people, including those employed in the
thegovernmenttorepressthefreedomofspeech.
bargainingunit,and public and private sectors, to form unions, associations, or
societiesforpurposesnotcontrarytolawshallnotbeabridged. Typesofregulation
3) the
inherent
right of the employer to maintain discipline and
efficiencyintheworkplace. Concept Priorrestraintandsubsequentpunishment
Their privacy expectation in a regulated office environment is, in fine, ⭐TheDioceseofBacolodv.Comelec2
015EnBancLeonen,J Tordesillasv.Puno2
018
reduced; and a degree of impingement upon such privacy
has
been
upheld. COMELEC does not have the authority to regulate the enjoyment
of WON the Advisory issued by the
respondents is
not
content-neutral
the preferred right to freedom of expression exercised by a and thus constitutes prior restraint, censorship, and is
Here,therelevantsurroundingcircumstancestoconsiderinclude content-restrictive, which resulted to a "chilling effect" in violation of
non-candidateinthiscase.
1) theemployee'srelationshiptotheitemseized; thefreedomofthepress.
Continuumofthought,speech,expression,andspeechacts
2) whether the item was in the immediate control of the Our jurisprudence has recognized four aspects of freedom of
employeewhenitwasseized;and The right to freedom of expression applies to the entire thepress,towit:
3) whether the employee took
actions
to
maintain
his
privacy continuum of speech from utterances made to
conduct enacted,
and
even to inaction itself as a symbolic manner of communication. 1) freedomfrompriorrestraint;
intheitem.
Ebralinag v. The Division Superintendent of Schools of Cebu 2) freedomfrompunishmentsubsequenttopublication;
Thus,
where the
employee used
a password on his computer, did not declaresthat:
share
his
office
with
co-workers and
kept
the same locked, he
had
a 3) freedomofaccesstoinformation;and
legitimate expectation of privacy and any search of that space and Freedom of
speech includes the right to be silent. The salute 4) freedomofcirculation.
itemslocatedthereinmustcomplywiththeFourthAmendment. is a symbolic manner of communication that conveys its
message as clearly as the written or spoken word. As a valid Prior restraint refers to official governmental restrictions on the
The CSC
in this case had implemented a policy that put its employees form of
expression, it
cannot be
compelled any
more than it can press or other forms of expression in advance of actual publication or
on notice that they have no expectation of
privacy
in
anything they be prohibited in the
face
of
valid religious
objections like
those dissemination. Freedom from prior restraint precludes
create, store, send or receive on the office computers, and that the CSC raisedinthispetition. governmentalactsthatrequired
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can be had of respondents' pronouncements except that for
being
a freedom of expression. The restriction in the
present case
does
not
a) approvalofaproposaltopublish;
reminder of prevailing provisions of the law and jurisprudence, pass
even
the
lower
test
of
intermediate scrutiny for
content-neutral
b) licensing or permits as prerequisites to publication applicable to all
and
not
only
to
media
personalities,
that resistance regulations.
including the payment of license taxes for the privilege to or disobedience to lawful orders of authorities may result to
publish;and criminal,andevenadministrative,liabilities. Incitementandadvocacy
c) eveninjunctionsagainstpublication. There are two categories of speech, the latter of which is a more
Contentbasedandcontentneutral
Any
law or
official
that
requires
some form
of
permission to
be
had specific type of
the
former which is
directed to
produce imminent
before publication can be made, commits an infringement of the ⭐TheDioceseofBacolodv.Comelec2
015EnBancLeonen,J lawlessactionandwhichislikelytoinciteorproducesuchaction.
constitutionalright,andremedycanbehadatthecourts. Content-based regulations can either
be
based on the viewpoint of Specificityofregulationandoverbreadthdoctrine
1. In Chavez, the Court struck down the statements made by the speaker
or
the subject of the expression.Content-based
restraint
Under this doctrine, the statute must be carefully drawn or be
then SOJ
Gonzales and the
NTC warning the
media on airing or censorship refers to restrictions “based on the subject matter
of
the alleged wiretapped telephone conversations of then the utterance or speech.” In contrast, content-neutral regulation authoritatively construed to punish only unprotected speech and
President Arroyo, as constituting unconstitutional prior includes controls merely on the incidents of the speech such as time, notbesusceptibletoapplicationtoprotectedexpression.
restraintontheexerciseoffreespeechandofthepress. place,ormannerofthespeech.
SouthernHemisphereEngagementNetworkv.Anti-Terrorism
2. In Primicias, the City Mayor of Manila's refusal to issue Content-based regulation bears a heavy presumption of
Council2
010EnBanconFacialChallenge
permit for a public
assembly was held
to
have
violated the and this court has used the clear and present danger
invalidity,
freedomofexpression. ruleasmeasure. A facial invalidation of a statute is allowed only in free speech
3. In ABS-CBN v.
COMELEC, the Court
held
that the
COMELEC cases, wherein certain rules of constitutional litigation are rightly
Even with the
clear
and
present danger test, there is no reason for the excepted.
resolution totally
prohibiting
the
conduct of
exit polls is an
state to minimize the right of non-candidate petitioners to post the
absolute infringement of the constitutionally guaranteed The doctrine of vagueness and the doctrine of overbreadth do
tarpaulin in
their
private
property. The
size
of
the tarpaulin does not
rightsofthemediaandtheelectorate. NOT operate on the same plane. — A statute
or
act
suffers
from
affectanyoneelse’sconstitutionalrights.
4. In Sanidad v. COMELEC, a provision in a COMELEC the defect of v
agueness when it lacks comprehensible standards. It
resolution prohibiting the media to allow the use of a If we apply the test for content-neutral regulation, the
questioned
isrepugnanttotheConstitutionintworespects:
column or radio or television time to campaign for or acts of COMELEC will not pass
the
three requirements for evaluating
against the
plebiscite issues as regards the ratification of the such restraints on freedom of speech. “When the speech restraints 1) itviolatesdueprocess;and
act establishing the CAR, was declared null and void and take the form of a content-neutral regulation, only a substantial 2) it leaves law enforcers
unbridled
discretion
in
carrying out
unconstitutional by the Court
as the same
restricts, without governmental interest is
required for its validity,” and it is subject its provisions and becomes an arbitrary flexing of the
justifiable reason, the choice of forum where one may onlytotheintermediateapproach. Governmentmuscle.
express his
view,
tantamount to a restriction of the freedom A content-neutral government regulation is sufficiently The overbreadth doctrine, meanwhile, decrees that a
ofexpression. justified: governmental purpose to control or prevent activities
5. In David, the Court declared as unconstitutional the constitutionally subject to state
regulations
may not
be
achieved
by
1. ifitiswithintheconstitutionalpoweroftheGovernment;
warrantless search of the
Daily
Tribune offices, the seizure means which sweep unnecessarily broadly and thereby invade the
of materials for publication therein, the stationing of 2. if it furthers an important or substantial governmental
area of protected freedoms. As distinguished from the vagueness
policemen in the vicinity, and the arrogant warning of interest;
doctrine, the overbreadth doctrine assumes that individuals will
government officials to media, among others, pursuant to 3. if the governmental
interest
is
unrelated
to
the
suppression understand what a statute prohibits and will accordingly refrain
President Arroyo's PP No. 1017 and GO No. 5, as the said offreeexpression;and fromthatbehavior,eventhoughsomeofitisprotected.
actsconstituteplaincensorship.
4. if the incident restriction is no greater than is essential to the A "facial" challenge is likewise different from an "as-applied"
There
is prior restraint when the government totally prohibits and/or furtheranceofthatinterest.
challenge. — Distinguished from an as-applied challenge which
in
some way, restricts the expression of one's view or the manner of
In
this
case, limiting the maximum size of the tarpaulin would render considers only extant facts affecting real litigants, a facial
expressing oneself. There is
none in this case. No other interpretation
ineffective petitioners’ message and violate their right to exercise invalidation is an examination of the entire law, pinpointing its
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flaws
and defects, not
only
on
the
basis
of
its
actual operation to the one'sopinionofhisorherqualifications, activitiesabroadduringthe30-dayoverseasvotingperiod.
parties, but also on the assumption or prediction that its very 3) ifitcutsofftheflowofmediareporting,and The allowance of a review of a law or statute on its face in free speech
existence may cause others not before the court to refrain from
4) if the regulatory measure bears
no
clear
and
reasonable cases is justified by the aim to avert the "chilling effect" on protected
constitutionallyprotectedspeechoractivities.
nexuswiththeconstitutionallysanctionedobjective. speech,theexerciseofwhichshouldnotatalltimesbeabridged.
The vagueness and overbreadth doctrines, as grounds for a facial
Here, the posting of decals and stickers in mobile places like cars and Restraints
on
freedom of
expression
are
also evaluated by either or a
challenge, are not applicable to penal laws. The allowance of a
other moving vehicles does not endanger any substantial government combinationofthefollowingtheoreticaltests,towit:
facial challenge in free
speech cases is
justified by the
aim
to
avert
the "chilling effect" on protected speech, the exercise of which interest. There is
no clear
public
interest threatened by such activity a) thedangeroustendencydoctrine;
should not
at
all
times
be
abridged.
This rationale is
inapplicable to so
as
to
justify
the curtailment of
the
cherished citizen's right of free
speechandexpression. b) theclearandpresentdangerr ule;and
plain penal statutes that generally bear an "in terrorem effect" in
deterringsociallyharmfulconduct. c) thebalancingofinterestst est.
The right to property may be subject to a greater degree of
By
its nature, the overbreadth doctrine has to necessarily apply a regulation but when
this
right is
joined by a "liberty"
interest, When the speech restraints take the form of a content-neutral
facial type of invalidation. The most distinctive feature of the the burden of
justification on
the part of the Government must regulation, only a substantial governmental interest is required
overbreadth technique is
that
it
marks
an
exception
to some of the be exceptionally convincing and irrefutable. The burden is not for its validity. They are not subject
to
the
strictest
form
of
judicial
usualrulesofconstitutionallitigation. metinthiscase. scrutiny but an intermediate approach — somewhere between
the mere rationality that is required of any other law and the
Ordinarily, a particular litigant claims that a statute is Speechregulationinrelationtomedia compellingintereststandardappliedtocontent-basedrestrictions.
unconstitutional as
applied to
him or
her;
if
the
litigant
prevails, the
Davidv.Arroyo AsexplainedinC
havez,
courts carve away the unconstitutional aspects of the law by
invalidating its improper applications on a case to case basis. The search and seizure of
materials for
publication, the stationing of 1) a content-based regulation is evaluated using the clear
Moreover, challengers to
a law are not permitted to raise the rights of policemen in the vicinity of the The Daily Tribune offices, and the andpresentdangerrule,
third parties and can only assert their own interests. In overbreadth arrogant warning of government officials to media, are plain
2) while courts will subject content-neutral restraints to
analysis,thoserulesgiveway. censorship. It is that officious functionary of the repressive
intermediatescrutiny.
In
this
jurisdiction, the void-for-vagueness doctrine asserted under government who tells the citizen that he may speak only if allowed to
do so,
and no more and no
less
than what he is
permitted to say
on By banning partisan political activities or
campaigning even
during
the due process clause has been utilized in examining the
pain of
punishment should he
be so
rash as
to disobey. It is the duty the
campaign period
within embassies, consulates, and other foreign
constitutionalityofcriminalstatutes.
of
the courts to be watchful for the constitutional rights of the citizen, service establishments, regardless of whether it applies only to
Speechregulationinrelationtoelection and against any stealthy encroachments thereon. The motto should candidates or whether the prohibition extends to
private
persons, it
alwaysbeo bstaprincipiis. goes beyond the objective of maintaining order during the voting
Adiongv.Comelec periodandensuringacredibleelection.
Judicialanalysis,presumptionsandlevelsandtypesof
The COMELEC's prohibition on posting of decals and stickers on Section 36.8 of R.A. No. 9189 should be struck down for being
"mobile"
places whether public
or
private except in designated areas scrutiny overbroad as it does not provide for well-defined standards,
provided for
by the COMELEC itself is null and void on constitutional Gonzalesv.Katigbak resulting to the ambiguity of its application, which produces a
grounds. chilling effect on the exercise of free speech and expression, and
The
power
to
exercise
prior
restraint
is
not
to
be
presumed,
rather ultimately, resulting to the unnecessary invasion of the area of
National Press Club v. Comelec ruled that regulation of election
thepresumptionisagainstitsvalidity. protectedfreedoms.
activity has its limits. We examine the limits of regulation and not the
limits of free speech. Regulation of election campaign activity may
Nicolas-Lewisv.Comelec2
019EnBanc
Specialtopicsinfreeexpressioncases
NOTpassthetestofvalidity
Hatespeech
1) if it is too general in its terms or
not
limited
in
time
and At
issue
are
Section 36.8 of R.A. 9189, as amended by R.A. 10590 and
scopeinitsapplication, Section 74(II)(8) of the COMELEC Resolution No. 10035, which Defined as speech intended to degrade, intimidate, or incite
2) if it restricts one's expression of belief in a candidate or prohibit the engagement of any person in partisan political violenceorprejudicialactionagainstcertainsocialgroupings.
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Lawsagainsthatespeechcanbedividedinto warrantfromajudge,ifanobscenityrapisinorder;
The
law,
however,
frowns
on
obscenity.
In the applicable law, EO No.
1) Thoseintendedtopreservepublicorder;and 876, reference was made to respondent Board "applying 2. The authorities must convince the court that the materials
contemporary Filipino cultural values as standard," words sought to be seized are "obscene”, and pose a clear and
2) Thoseintendedtoprotecthumandignity.
whichcanbeconstruedinananalogousmanner. present danger of an evil substantive enough to warrant
Defamationandlibel Stateinterferenceandaction;
The ruling is to be limited to the concept of obscenity
⭐Belo-Henaresv.Guevarra2
018 applicable to motion pictures. Where television is concerned, a 3. The judge must determine whether or not the same are
less
liberal approach calls
for
observance. This is so because unlike indeed"obscene"uponHisHonor'ssounddiscretion.
The freedom of speech and of expression, like all constitutional
motion pictures where the patrons have to
pay
their
way, television 4. If, in
the
opinion
of
the
court,
probable
cause
exists,
it
may
freedoms, is not absolute. As such, the constitutional right of
reaches every home where there is a set. Children then will likely be issuethesearchwarrantprayedfor;
freedom of
expression may not
be availed
of
to
broadcast lies
or
among the
avid viewers of
the
programs therein shown. It
cannot be 5. The proper suit is then brought in the court under
Article
half-truths, insult others, destroy their name or
reputation or
denied though that the State as parens patriae is called upon to 201oftheRPC;
bringthemintodisrepute.
manifestanattitudeofcaringforthewelfareoftheyoung.
6. Any
conviction
is
subject to appeal. The appellate court may
Seditionandspeechinrelationtorebellion assess whether or not the properties seized are indeed
⭐Pitav.CA "obscene".
When a fictitious suicide photo and letter were published in
newspapers of general circulation expressing disappointment in the When does a publication
have
a corrupting
tendency, or when can it
Roxas administration and instructing a fictitious wife to teach their besaidtobeoffensivetohumansensibilities? ⭐Madrilejosv.Gatdula2
019EnBanc
children to burn photos of the President, the Court
held that
such It was People v. Padan y Alova that introduced to Philippine SC
dismissed
the petition
on the ground
that
Ordinance No. 7780, an
actconstitutesincitingtosedition. jurisprudence the "redeeming" element that should accompany anti-obscenity law, cannot be facially attacked on the ground of
Such utterance suggests or incites rebellious conspiracies or
riots thework,tosaveitfromavalidprosecution. overbreadthb ecauseobscenityisunprotectedspeech.
and tends to
turn
the
people against the
constituted
authorities, or Kalaw-Katigbak represented a marked
departure from Kottinger
in The
overbreadth and vagueness doctrines have special application
to provoke violence from opposition groups who may seek to the sense that it measured obscenity in terms of the "dominant only to
free speech cases. They are
inapt for testing the validity of
silence the writer, which is the sum and substance of
the
offense theme" of the work, rather than isolated passages, which were penal statutes. The doctrines of
strict scrutiny, overbreadth, and
underconsideration.(E spuelasv.People) central to Kottinger. Kalaw-Katigbak undertook moreover to make vagueness are
analytical tools
developed for testing "on their faces"
the determination of
obscenity essentially
a judicial question and as statutesinfreespeechcases.
Obscenity/pornography a consequence, to temper the wide discretion Kottinger had given
It has been established in this jurisdiction that unprotected
Gonzalesv.Katigbak untolawenforcers.
speechorlow-valueexpressionrefersto
The test is whether to the average person, applying Miller v. California, which expressly abandoned Massachusetts,
1) libelousstatements,
contemporary community standards, the dominant theme of established"basicguidelines,"towit:
2) obscenityorpornography,
the
material taken as
a whole appeals to
prurient interest. To a) whether 'the average person, applying contemporary
avoid an unconstitutional taint on its creation, the power of standards'
would find
the
work, taken as a whole, appeals to 3) falseormisleadingadvertisement,
respondent Board is limited to
the classification of
films. It
can,
to theprurienti nterest; 4) insulting or
"fighting words," i.e., those which
by
their
very
safeguard other constitutional objections, determine what motion b) whether the work depicts or describes, in a patently utterance inflict
injury
or tend to incite an immediate breach
pictures are for general patronage and what may require either offensive way, sexual conduct specifically defined by the ofpeaceand
parental guidance or
be limited to adults only. That is to abide by the applicablestatelaw;and 5) expressionendangeringnationalsecurity.
principle that freedom of expression is
the rule and restrictions
c) whether the work, taken as a whole, lacks
serious
literary, A
litigant who
stands charged under a law that regulates unprotected
theexemption.
artistic,political,orscientificvalue. speech can still mount a challenge that a statute is
unconstitutional
The test,
to
repeat, to
determine
whether
freedom
of expression may as
it
is
applied to
him or her. If the litigant prevails, the courts carve
Wemakethisresume.
be limited is the clear and present danger of an evil of a away the unconstitutional aspects of the law by invalidating its
substantivecharacterthattheStatehasarighttoprevent. 1. The authorities must apply for the issuance of a search
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improperapplicationsonacasetocasebasis. Although the Constitution vests in public school teachers the right to substantive evil that Congress has a right to prevent. In other words,
organize, to assemble peaceably and to petition the like
other rights embraced in the freedom of expression, the right to
Commercialspeech government for
a redress of
grievances, there
is
no like express assemble is not subject to previous restraint or censorship. It
⭐TheDioceseofBacolodv.Comelec2
015EnBancLeonen,J provision granting them the right to strike. Rather, the may not be conditioned upon the prior issuance of a permit or
constitutional grant of
the
right to
strike
is
restrained by the proviso authorization from the government authorities except, of course, if
Not all speech is treated the same. In Chavez v. Gonzales, this thatitsexerciseshallbedonei naccordancewithlaw. the
assembly is
intended to be held in a public place, a permit for the
court discussed that some types of speech may be subject to use of such place, and not for the assembly itself, may be validly
EO 180 “enjoins under pain of administrative sanctions, all
regulation: required.
government officers and employees from staging strikes,
In the
United
States,
false
or
deceptive
commercial speech is demonstrations, mass leaves, walkouts and other forms of mass The Court considers the
dispersal and
arrest of the members of KMU
categorized as unprotected expression that
may
be
subject
to action which will
result in
temporary stoppage
or disruption of et al. unwarranted. Their dispersal was done merely on
the
basis
of
priorrestraint. public service.” It is also settled in jurisprudence that, in general, Malacañ ang's directive canceling all permits previously issued by
workersinthepublicsectordonotenjoytherighttostrike. local government units. This is
arbitrary. Tolerance is the rule and
We distinguish between political and commercial speech. Political
limitationistheexception.
speech refers to speech “both intended and received as a
contribution to public deliberation about some issue,” “fostering BMEmployeesv.PBM Moreover, under BP 880, the authority to regulate assemblies
informed and civic-minded deliberation.” On the other hand, andralliesislodgedwiththeLGUs.
Property and property rights can be lost thru prescription; but
commercial speech has been
defined as
speech
that
does “no more
humanrightsareimprescriptible.
thanproposeacommercialtransaction.” Bayanv.ErmitaonthePublicAssemblyActorBP880
In
the
hierarchy
of
civil
liberties,
the
rights of
free expression and of
The expression resulting from the content of the tarpaulin is,
however,definitelyp oliticalspeech.
assembly occupy a preferred position as they are essential to the Freedom of assembly connotes the right of the people to meet
preservationandvitalityofourcivilandpoliticalinstitutions. peaceably for consultation and discussion of matters of public
Nationalemergencies The superiority of these freedoms over property rights is concern.
The government may impose certain restrictions to protect itself underscored by the fact that a mere reasonable or rational B.P. No. 880 is not an absolute ban of public assemblies but a
relation between the means employed by the law and its object restriction that simply regulates the time, place and manner of the
againstutterancesintendedtoweakenitspowerofselfdefense.
or purpose — that the law is neither arbitrary nor
discriminatory assemblies. This was adverted to
in
Osmeña v.
Comelec, where the
Speechofpublicofficers nor oppressive — would suffice to
validate
a law
which
restricts or a "c
Court referred to it as ontent-neutral" regulation of
the
time,
impairs property rights. On the other hand,
a constitutional or
valid place,andmannerofholdingpublicassemblies.
Vasquezv.CA
infringement of human rights requires a more stringent criterion,
Even if
the
defamatory statement is
false,
no
liability
can
attach if
it namely the existence of a grave and immediate danger of a
IBPv.Atienza2
010
relates to official conduct, unless the public official concerned substantiveevilw hichtheStatehastherighttoprevent.
proves that the statement was made with actual malice — that is, The demonstration held
by petitioners was purely and completely an In modifying the permit outright, respondent gravely abused his
with knowledge that it was false or with reckless disregard of exercise of
their freedom of expression in general and of their right discretion when he did
not
immediately inform the
IBP who should
whetheritwasfalseornot. of assembly and of petition for redress of grievances in have been heard first on the matter of his perceived imminent and
This is
the
gist
of
the
ruling
in
the landmark case of New York Times particular before the appropriate governmental agency, the Chief grave danger of a substantive evil that may warrant the changing of
v.
Sullivan, which this
Court
has cited
with
approval in
several
of its Executive,againstthepoliceofficersofthemunicipalityofPasig. the venue. The opportunity to
be
heard precedes the action on
owndecisions.Thisisther uleof“actualmalice.” the permit, since the applicant may directly go to court after an
unfavorableactiononthepermit.
Davidv.Arroyo
Cognaterights While prudence requires that there be a realistic appraisal not of what
"Assembly" means a right on the part of the citizens to meet may possibly occur but of what may probably occur, given all the
Freedomofassembly
peaceably for
consultation in
respect to
public affairs.
As in the case relevant circumstances, still the assumption - especially so where the
Jacintov.CA of freedom of expression, this right is not to
be limited,
much less assembly is
scheduled for a specific
public place
- is that the permit
denied, except on a showing of a clear and present danger of a mustbefortheassemblybeingheldthere.
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documents, and papers pertaining to official acts, transactions, or
Freedomofassociation peace
agenda,
as
a corollary to the constitutional right to information
decisions, as
well
as
to
government research data used as basis for anddisclosure.
Art IX-B Sec 2(5). The right to self-organization shall not be policy development, shall be afforded the citizen, subject to
such
deniedtogovernmentemployees. limitationsasmaybeprovidedbylaw. Initiatives for Dialogue and Empowerment through Alternative
Therighttoinformationissubjecttocertainrecognized LegalServicesv.PSALM2 012EnBanc
Art
XIII
Sec
3 par
2.
It
shall
guarantee
the
rights of all workers to
self-organization, collective bargaining and negotiations, and restrictions: Unlike the
disclosure of
information which is mandatory under the
peaceful concerted activities, including the right to strike in 1) Nationalsecuritymattersandintelligenceinformation; Constitution, the
other aspect of the people’s right to know requires a
accordancewithlaw.xxxx demand or
request for one
to
gain
access
to
documents and paper of
2) Tradesecretsandbankingtransactions; the particular agency. Moreover, the duty to disclose covers only
AngLadladLGBTPartyv.Comelec 3) Criminalmatters;and transactions involving public interest, while the duty to allow
access has a broader scope of
information which
embraces not only
Under our system of laws, every group has the
right
to
promote its 4) Otherconfidentialinformation. transactions involving public interest, but any matter contained in
agenda and
attempt to
persuade society of the validity of its position official communications and public documents of the government
Adiongv.Comelec
through normal democratic means. Absent any compelling state agency.
interest, it
is
not
for
the
COMELEC or this Court to impose its views Freedom to distribute information to every citizen wherever he
on the
populace. Otherwise stated,
the COMELEC is certainly not free desires to receive it is so clearly vital to the preservation of a free Belgicav.ExecutiveSecretary2
013EnBanc
to interfere with speech for no better reason than promoting an society that, putting aside reasonable police and health regulations of
approvedmessageordiscouragingadisfavoredone. Case law instructs that the proper remedy to invoke the right to
time and manner of distribution, it must be fully preserved. The
informationistofileapetitionform andamus.
To the extent, therefore, that the petitioner has been precluded, danger of distribution can so
easily be controlled by traditional legal
because of
COMELEC's action,
from
publicly expressing its
views as methods leaving to
each householder the full right to decide whether PrivatizationandManagementOfficev.StrategicDevelopment
a political party and participating on an equal
basis
in
the
political he will receive strangers as visitors, that stringent prohibition can
2013
process with other equally-qualified party-list candidates, we find serve no purpose but that forbidden by the constitution, the naked
that there has, indeed, been a transgression of petitioner's restrictionofthedisseminationofideas. The right to information allows the public to hold public officials
fundamentalrights. accountable to the people and aids them in engaging in public
TheProvinceofNorthCotabatov.GRP discussions leading to the formulation of government policies and
their effective implementation. By itself, it does not extend to causing
InReMarcialEdillon Matters of
public concern covered by the right to information include the
award of
the sale
of
government assets in
failed
public biddings.
To
compel a lawyer to
be a member of the Integrated Bar is not stepsandnegotiationsleadingtotheconsummationofthecontract. Thus, assuming that
Dong-A Consortium may access the
records for
violative of his constitutional freedom to associate. Integration The right to information "contemplates inclusion of negotiations the purpose of validating the indicative price under the right to
does not make a lawyer a member of any
group of
which
he
is
not leading to the consummation of the transaction." Certainly, a information, it does not follow that respondent is entitled to the
already a member. He
became a member
of
the
Bar
when
he
passed consummated contract is not a requirement for the exercise of the award.
theBarexaminations. righttoinformation.
Serenov.CommitteeonTradeandRelatedMattersofNEDA2
016
Bar integration does not compel the lawyer to associate with Intended as a "splendid symmetry" to
the
right
to information under
anyone. He is free to attend or not attend the meetings of his the
Bill of Rights is the policy of public disclosure under Section 28, The constitutional guarantee to information does not open every
Integrated Bar
Chapter or
vote
or
refuse to
vote
in
its
elections as he Article II
of the Constitution. The right to
information guarantees the door to
any
and all
information, but
is
rather confined to
matters
of
chooses. The only compulsion to which he is subjected is the right of the people to demand information, while Section 28 public concern. It is subject
to
such limitations as
may
be
provided
paymentofannualdues. recognizes the duty of officialdom to give information even if nobody by law. The State's policy of full public disclosure is restricted to
demands. Respondents cannot thus point to the absence of
an transactions involving public interest, and is tempered by reasonable
Freedomofinformation implementing legislation as an excuse in not effecting such conditionsprescribedbylaw.
policy.
Sec 7. The right
of
the
people
to
information on
matters
of
public Two
requisites must concur
before the right to information may be
concern shall be recognized. Access to official records, and to In
fine,
E.O.
No. 3 establishes petitioners' right to be consulted on the compelledbywritofmandamus.
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of agency opinions before the agency establishes final policy; that it covers the mere existence or pendency of disciplinary
Firstly, the
information
sought
must
be
in
relation
to matters of
and actions.
publicconcernorpublicinterest.
third, it
protects
the
integrity
of an agency's decision; the public
And, secondly, it
must
not
be
exempt
by
law from the operation should not
judge
officials
based
on information they considered VitangcolIIIv.Comelec2
016EnBancSeparateOpinionofLeonen,J
oftheconstitutionalguarantee. priortoissuingtheirfinaldecisions.
When the subject of the petition for mandamus relates
to
a public
The constitutional guarantee of the people's right to information does Rights cannot be
waived if
it
is
contrary
to law,
public
order,
public right such as the right to
information on matters
of
public
concern,
NOT cover national security matters and intelligence policy, morals, or
good customs, or prejudicial to a third person with and
when the object of
the petition is to compel the performance of a
information, trade secrets and banking transactions and a
right recognized by law. There is a public policy involved in a claim public duty, the petitioner need not show that its interest on the
criminal matters. Equally excluded from coverage of the of deliberative process privilege — "the policy of open, frank resultisexclusive.Itmaybesharedbythepublicingeneral.
constitutional guarantee are diplomatic correspondence, discussion between subordinate and
chief concerning administrative
closed-door Cabinet meeting and executive sessions of either Without a doubt, information on
the
conduct of
elections is a matter
action." Thus, the deliberative process privilege cannot be
house of Congress, as well as the
internal
deliberations of
the of public concern as it directly affects the lives of the People. The
waived.
SupremeCourt. Commission on
Elections may be
compelled, through mandamus, to
As a qualified privilege, the burden falls upon the government make an inventory of and disclose the MAC and IP addresses and
Every claim of exemption, being a limitation on a right agency asserting the
deliberative process
privilege to
prove
that the IMSI and IMEI numbers of all electronic devices used during
constitutionally granted to
the
people, is
liberally construed in favor information in
question satisfies both requirements — predecisional elections to the public. It
is
mandated to
enforce and administer all
of disclosure and strictly against the claim of confidentiality. anddeliberative. lawsandregulationsrelativetotheconductofanelection.
However, the claim of privilege as a cause for exemption from the
obligation to disclose information must be clearly asserted by
specifyingthegroundsfortheexemption. RecordsofPoliceDrugOperationsAlmorav.DelaRosa2
018EnBanc I-Popefrancisv.DBM2016
The Court is mandated to protect and enforce the
people's
right
to It
is
not
disputed that
PDAF disbursements and the
recipients of the
DFAv.BCAInternational2
016 information. The undeniable fact that thousands of ordinary citizens same constitute a matter of
public
concern or
public interest,
which
have been killed, and continue to be killed, during police drug are not exempt from the
operation of
the constitutional guarantee of
This case is one of first impression involving the production of operationscertainlyisamatterofgravepublicconcern. the right to
information. Nevertheless, it
is
not proper to issue a writ
evidence in an arbitration case where the deliberative process ofmandamusinthepresentcase.
privilegeisinvoked. Contrary to the claim of the Solicitor General, the requested
information and
documents do not obviously involve state secrets Here, petitioners fail to establish that
respondent actually neglected
Deliberative process privilege is one kind of privileged affectingnationalsecurity. or refused to provide the information they requested. While
information, which is within the exceptions of the constitutional respondent has
the
duty to
give
the
public
access to the information,
right to
information.
U.S.
courts have established
two fundamental it has the discretion to ascertain the best way to disseminate, publish,
requirementsf orthedeliberativeprocessprivilegetobeinvoked. RighttoInformationandConfidentialityofDisbarmentProceedingsin
orotherwisemakeavailablethesaidinformation.
Roque,Jr.v.AFPChiefofStaff2
017Leonen,J
1. First, the communication must be predecisional, i.e., The information petitioners seek are already posted on
its
website.
"antecedenttotheadoptionofanagencypolicy." Disbarment proceedings are covered by what is known as the There is
also no clear legal mandate for respondents to identify
2. Second, the communication must be deliberative, i.e., "a confidentiality rule. The
confidentiality
rule
is
intended, in part, to familial relations and/or determine nepotism or political
direct part of the deliberative process in that it makes prevent the use of disbarment proceedings as a tool to damage a dynasties among the recipients of
the PDAF disbursements. In
recommendations or expresses opinions on legal or policy lawyer'sreputationinthepublicsphere. fact, as of yet, there is even no law that particularly defines and
matters." As
a general rule, disciplinary
proceedings are
confidential in nature governspoliticaldynasty.
The deliberative process privilege can also be invoked in arbitration until their final resolution and the final decision of
this
Court.
The
proceedingsunderRA9285.Itcontainsthreepolicybases: confidentiality rule requires only that "proceedings against G.FreedomofReligion
attorneys" be kept private and confidential. It is the proceedings
first,theprivilegeprotectscandiddiscussionswithinanagency; against attorneys that must be kept private and confidential. This Sec 5. No law shall be made respecting an establishment of
second, it
prevents
public
confusion
from
premature disclosure would necessarily prohibit the distribution of actual disbarment religion, or prohibiting the free exercise thereof. The
free
exercise
complaints to the press.
However, the rule does not
extend so
far
and enjoyment of religious profession and worship, without
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discrimination or
preference, shall forever be allowed. No religious
morality.
testshallberequiredfortheexerciseofcivilorpoliticalrights. Sherbert and Yoder adopted a balancing test for free exercise
jurisprudence which would impose a discipline to prevent ⭐Thus, we find that in this particular case and under these
Basicprinciples manipulation in the balancing of interests. A free exercise claim distinct circumstances, respondent Escritor's conjugal
Purpose couldresulttot hreekindsofaccommodation: arrangement cannot be penalized as she has
made out a case
for
exemption from the law based on
her
fundamental right to
⭐Estradav.Escritor a) Mandatory — those
which are
found
to
be constitutionally
freedomofreligion.
compelled,i.e.,requiredbytheFreeExerciseClause;
Inresolvingclaimsinvolvingreligiousfreedom
b) Permissive — those
which
are
discretionary
or
legislative;
ConceptofReligion
1) benevolent neutrality or accommodation, whether and
mandatory or permissive, is the spirit, intent and framework c) Prohibited—t hosewhichthereligionclausesprohibit. Austriav.NLRC
underlyingthereligionclausesinourConstitution;and
It is the strict scrutiny- compelling state interest test which is The
case at
bar
does not concern an ecclesiastical or purely religious
2) in deciding respondent's plea of exemption based on the most in line with the benevolent neutrality-accommodation affair as to bar the State from taking cognizance of the same. An
Free Exercise Clause, it is the
compelling
state
interest approach. We explained this process in detail, by showing the ecclesiastical affair involves the relationship between the church
test,thestrictesttest,whichmustbeapplied. questionswhichmustbeansweredineachstep,v iz: and its members and relate to matters of faith, religious doctrines,
The benevolent neutrality theory believes that with respect to worshipandgovernanceofthecongregation.
First, Has the
statute
or
government
action
created
a burden
on
governmental actions, accommodation of
religion may
be
allowed, thefreeexerciseofreligion? To be concrete, examples of this so-called ecclesiastical affairs to
not to promote the government's favored form of religion, but to which the State cannot meddle are proceedings for
allow individuals and groups to exercise their religion without Second, Is
there
a sufficiently compelling state interest to justify
excommunication, ordinations of religious ministers,
hindrance. The purpose of accommodations is to remove a burden thisinfringementofreligiousliberty?
administrationofsacraments.
on, or facilitate the exercise of, a person's or institution's religion. Third, Has the state in achieving its legitimate purposes used the
Thus, what is
sought under
the
theory of
accommodation is not a What is involved here is the relationship of the church as an
least intrusive means possible so that
the
free
exercise
is
not
declaration of unconstitutionality of a facially neutral law, but an employer and the minister as an employee. It
is
purely secular
and
infringed any
more than necessary to achieve the legitimate goal
exemption from its application or its "burdensome effect," whether has no relation whatsoever with the practice of faith, worship or
ofthestate?
bythelegislatureorthecourts. doctrinesofthechurch.
The free exercise of religion is
specifically
articulated as one of
ThecasesofSherberta ndYoderl aidoutthefollowingdoctrines: f undamental
the rights in our Constitution. It is a fundamental Principleofseparationofchurchandstate
a) free exercise clause claims were subject to heightened right that
enjoys a preferred position in the hierarchy of rights — "the Operationofsectarianschools
scrutiny or compelling interest test if government mostinalienableandsacredofhumanrights."
substantiallyburdenedtheexerciseofreligion; Art XIV Sec 4(2). Educational institutions, other than those
Thus, it
is
not
the State's broad interest in "protecting the institutions
b) heightened scrutiny or compelling interest test governed established by religious groups and mission boards, shall be
of marriage and the
family," or
even
"in
the
sound
administration of
cases justice" that must be weighed against respondent's claim, but the owned solely by citizens of the Philippines or corporations or
State's narrow interest in refusing to make an exception for the associations at
least
60%
of
the capital
of
which
is owned by such
i) where the burden was direct, i.e., the exercise of
religion triggered a criminal or civil penalty, as well cohabitation which respondent's faith finds moral. This, the citizens. xxx The control and administration of educational
ascases SolicitorGeneralfailedtodo. institutionsshallbevestedincitizensofthePhilippines.
ii) where the
burden was indirect, i.e.,
the exercise
of The public morality expressed in the law is necessarily secular for Religiousinstructionsinpublicschools
religion resulted in the forfeiture of a government in our constitutional order, the religion clauses prohibit the state Art XIV Sec 3(3). At
the option expressed in writing by the parents
benefit;and from establishing a religion, including the morality it sanctions.
or
guardians, religion shall be allowed to be taught to their children
c) the Court could carve
out accommodations or
exemptions Although the morality contemplated by laws is secular, benevolent
neutrality could allow for accommodation of morality based on or
wards in
public elementary and
high
schools within the
regular
from a facially neutral law of general application, whether
religion, provided it does not
offend compelling state
interests. The class hours by instructors designated or
approved by the
religious
generalorcriminal.
jurisdiction of the Court extends only to public and secular
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authorities of the religion to which the children or wards
belong,
benefitonereligion. neutrality in religious matters. Such government neutrality may
withoutadditionalcosttotheGovernment. besummarizedinfourgeneralpropositions:
TaxExemption
CeldranyPamintuanv.People2
018 1) Government must not prefer one religion over another
or
Art VI
Sec 28(3). Charitable institutions, churches and personages religionoverirreligion;
The non-establishment clause is a reinforcement of the
or convents appurtenant thereto, mosques, non-profit cemeteries, principle of
separation of church and state. It is not equivalent to 2) Government funds must not be applied to religious
and all lands, buildings, and improvements, actually,
directly,
and separation of
religion and state. It is not indifference nor denial of the purposes;
exclusively used for religious, charitable,
or
educational purposes religiousnatureoftheFilipinosociety. 3) Governmentactionmustn
otaidreligion;and
shallbeexemptfromtaxation. In
determining
whether
there was
excessive
entanglement of the 4) Government action must not result in excessive
PublicAidtoReligion
Stateinchurchmatters,thefollowingfactorsareconsidered: entanglementwithreligion.
Art VI Sec 29(2). No public money or property shall be 1) the character and purposes of the institutions that are
benefited; AngLadladLGBTPartyv.Comelecsupra
appropriated, applied, paid,
or
employed, directly
or
indirectly,
for
the use, benefit, or support of any sect, church, denomination, 2) thenatureoftheaidthattheStateprovides;and At bottom, what our non-establishment clause calls for is
sectarian institution, or system of religion, or of any priest, 3) the resulting relationship between the government and the "government neutrality in religious matters." Clearly,
preacher, minister, other religious teacher, or dignitary as such, religiousauthority. "governmental reliance
on
religious justification is inconsistent with
except when such priest, preacher, minister, or dignitary is assigned this policy of
neutrality."
We thus
find
that
it
was
grave
violation
of
In
this
case,
petitioner
and
the
OSG
have
not endeavored to establish
to the armed forces, or to any penal institution, or government the non-establishment clause for the COMELEC to utilize the Bible
howtheStatecanbeundulyinvolvedwithchurchmatters.
andtheKorantojustifytheexclusionofAngLadlad.
orphanageorleprosarium.
⭐ReValenciano2017EnBanc The denial of Ang Ladlad's registration on purely moral
Non-establishmentclause
grounds amounts more to a statement of dislike and
⭐Peraltav.PhilippinePostalCorp2
018EnBanc What is prohibited is the use of public money or property for the sole disapproval of homosexuals, rather than a tool to further
any
purpose of benefiting or supporting any church. The prohibition substantialpublicinterest.
Religious freedom as a constitutional mandate is not inhibition of contemplates a scenario where the appropriation is primarily
profound reverence for religion and is not denial of its
influence in intendedforthefurtheranceofaparticularchurch. Freeexerciseclause
human affairs. The right to religious profession and worship has a
twofold aspect, viz., freedom to believe and freedom to act on The non-establishment clause reinforces the wall of separation ⭐Valmoresv.Achacoso2
017
one's beliefs. The first is absolute as
long as
the belief is confined betweenChurchandState.Itsimplymeans
The Bill of Rights guarantees citizens the freedom to act on their
within the realm of thought. The second is subject to regulation 1) that the State cannot set up a Church; nor pass laws which individual beliefs and proscribes government intervention unless
where the belief
is
translated into
external acts that affect the
public aid one religion, aid
all
religion, or prefer one religion over necessary to protect its citizens from injury or when
public safety,
welfare. another nor force nor influence a person to go
to
or
remain peace, comfort, or
convenience requires it. Thus, as faculty members
The "Lemon test" uses a three-pronged test to adjudge whether the away from church against his
will or
force him to
profess a of
the
MSU-College of Medicine, respondents herein were duty-bound
assailed governmental act violated thenon-establishment
clause, beliefordisbeliefinanyreligion; toprotectandpreservepetitionerValmores'religiousfreedom.
asfollows: 2) that the state cannot punish a person for entertaining or
professing religious beliefs or disbeliefs, for church Freedomtopropagatereligiousdoctrine
1. Thestatutemusthaveas ecularlegislativepurpose;
attendanceornonattendance;
2. Its principal or primary effect must be one that neither AmericanBibleSocietyv.CityofManila
3) that no tax in any amount,
large
or
small,
can
be
levied
to
advancesnorinhibitsreligion;and, supportanyreligiousactivityor; The constitutional guaranty of the free exercise and enjoyment of
3. The statute must NOT foster "an excessive government 4) that the state cannot openly or
secretly
participate
in
the religious profession and worship carries with it the right to
entanglementw ithreligion.” affairsofanyreligiousorganizationorgroupandviceversa. disseminate religious information. Any restraint of such right can
only
be
justified
like
other restraints of freedom of expression on the
Indeed, what is prohibited is the State using its
resources
to
solely In effect, what non-establishment calls for is government grounds that
there is a clear and present danger of any substantive
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evilwhichtheStatehastherighttoprevent. concerns of public and secular morality. It cannot be judged
the and
separate from
the
right
to
travel and enjoys a different protection
based on personal bias, specifically those colored by particular undertheICCPR,i.e.,againstbeing"arbitrarilydeprived"thereof.
ConcurringOpinionofJ.MendozainC
entenov.Villalon-Pornillos mores. Two things
may be concluded from the fact that an unmarried
womangivesbirthoutofwedlock: Watch-listandholddepartureorders
The solicitation of
donations for
the repair of a chapel is not covered
1) if
the
father
of
the
child
is
himself unmarried, the woman is Genuinov.DeLima2
018EnBanc
by P.D. No. 1564 which requires a permit for the solicitation of
not ordinarily administratively liable for disgraceful and
contributionsfor"charitableorpublicwelfarepurposes." The right to travel is not absolute. There are constitutional,
immoralconduct.
A
religious
purpose is
not
necessarily a charitable or
public
welfare statutoryandinherentlimitationsregulatingtherighttotravel.
2) if the father of the child born out of wedlock is himself
purpose. To require a government permit before solicitation for married to a woman other than the mother, then there is
a The liberty of abode may only be impaired by a lawful order of the
religious purpose may be
allowed is
to
lay
a prior restraint on the cause for administrative sanction against either the father or court and,
on the one hand, the right to travel may only be impaired
free exercise of
religion. Such restraint, if allowed, may well justify themother. by a law that concerns national security, public safety or public
requiring a permit before a church can make Sunday collections or health.
enforcetithing. The sanctity of marriage is constitutionally recognized and
likewise affirmed by
our
statutes
as
a special
contract
of
permanent In
Leave Division, OAS - OCA v. Heusdens, the Court enumerated the
union. statutes which specifically provide for
the
impairment of the right to
IglesianiCristov.CA travel,viz.:
We reject petitioner’s postulate that its religious program is per se H.LibertyofAbodeandFreedomofMovement 1. The Human Security Act of
2010 or
R.A.
No.
9372 for
an
beyond review by the
respondent Board. Its
public broadcast on
TV individual
charged with the
crime
of
terrorism even though
of
its religious
program brings it
out of the bosom of internal belief. Scopeandlimitations suchpersonisoutonbail.
The Court iterates the
rule that
the e
xercise of religious freedom 2. ThePhilippinePassportActof1996orR.A.No.8239.
can be regulated by
the State
when it will bring about the clear and Sec 6. The liberty of
abode and
of
changing
the same
within
the
present danger of some substantive evil which the State is duty limits prescribed by law
shall
not
be
impaired
exceptupon
lawful 3. The "Anti-Trafficking in
Persons Act
of
2003"
or
R.A. No.
bound to prevent, i.e., serious detriment to the more overriding orderofthecourt. 9208 allowing
the Travel Control and Enforcement Unit of BI
interestofpublichealth,publicmorals,orpublicwelfare. to "offload passengers with fraudulent travel documents,
Neither shall
the
right
to
travel
be
impaired
except
in
the interest doubtful purpose of travel, including possible victims of
of humantrafficking"fromourports.
Religiousbeliefandprivateemployment
1) nationalsecurity, 4. The Migrant Workers and Overseas Filipinos Act of
Victorianov.ElizaldeRopeWorkers’Union 1995 or
R.
A.
No.
8042 where the POEA may refuse to issue
2) publicsafety,or deployment permit to a specific country that effectively
The constitutionality of
Republic
Act
No.
3350 was questioned. The
3) publichealth, preventsourmigrantworkerstoentersuchcountry.
said R.A. exempt employees from the application and coverage of
a
closed shop agreement-mandated in another law-based on
religious asmaybeprovidedbylaw. 5. The Act on Violence against Women and Children or R.A.
objections. A unanimous Court upheld the constitutionality of the No. 9262 that restricts movement of an individual against
Marcosv.Manglapus whomtheprotectionorderisintended.
law, holding that "government is not
precluded from pursuing valid
objectives secular
in
character even
if
the
incidental result would be It must be emphasized that the individual right involved is not
the 6. Inter-CountryAdoptionActof1995orR.A.No.8043.
favorabletoareligionorsect." right to travel from the Philippines to other countries or within
the The exceptions to the right to travel are LIMITED to those stated
Philippines. These are what the right to travel would normally inSection6,ArticleIIIoftheConstitution
Religiousbeliefandpublicemployment
connote. Essentially, the
right
involved is
the
right to return to one's
country, a totally distinct right
under
international law, independent The power to issue HDO is inherent to the courts. The
courts may
Anonymousv.Radam issue a HDO against an
accused in
a criminal case
so that he may be
from,althoughrelatedto,therighttotravel.
dealt with in accordance with law. It does not require legislative
For a particular conduct to constitute "disgraceful and immoral" The right to return to one's country is not among the rights conferment or constitutional recognition; it co-exists with the
grant
behavior under
civil
service laws,
it
must be regulated on account of specifically guaranteed in the Bill of Rights. However, it is distinct ofjudicialpower.
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I.EminentDomain contracts.
An inspection of the bodily features by
the
court or
by
witnesses,
For an extensive discussion on the following topics, please refer to
can not violate the privilege, because it does not call upon the
BasicConcepts>FundamentalPowers>EminentDomain. K.AdequateLegalAssistanceandFreeAccessto accused as a witness
— it
does not
call
upon the defendant for his
Courts testimonial responsibility.
J.Non-impairmentofContracts
Sec 11. Free access to the courts and quasi-judicial bodies and Villaflorv.Summers
Sec 10. No law impairing the obligation of contracts shall be adequate legal assistance shall not be denied to any person by The constitutional guaranty that
no person shall be compelled in any
passed. reasonofpoverty. criminal case to be a witness against himself is limited to a
prohibition against compulsory testimonial self-incrimination.
PADPAOv.Comelec2017EnBanc Peoplev.Rio
The corollary to the proposition is that, on a proper showing and
WON a motion to withdraw appeal may be denied for the sole reason under an
order
of
the
trial
court, an ocular inspection of
the
body of
The non-impairment clause under Section 10, Article III of the
ofinabilitytoretaintheservicesofcounsel. theaccusedispermissible.
Constitution is
limited in application to laws that derogate from prior
acts or contracts by enlarging,
abridging or
in
any manner changing
YES. The Court can appoint a counsel de oficio to prosecute his Beltranv.Samson
the
intention of
the
parties.
There is
impairment if
a subsequent law
appeal pursuant to Section
13
of
Rule
122 of
the
Rules of
Court and
changes the terms of a contract between the parties, imposes new
the
constitutional mandate provided in
Section 11 of Article III of the The constitutional inhibition against self-incrimination is directed
conditions, dispenses with those agreed upon or withdraws remedies
1987Constitution. not merely to giving of oral testimony, but embraces as well the
fortheenforcementoftherightsoftheparties.
furnishing of evidence by other means than by word of
mouth, the
In
this
case,
PSAs' contracts with
their clients
are
not
affected in any This right to a counsel de oficio does not cease upon the conviction divulging, in short, of any fact in which the accused has a right to
manner by the requirement of having to obtain from the
COMELEC of an accused by a trial court. It continues, even during appeal. holdsecret.
written authority to bear, carry, and transport firearms outside of Even in
a case, such as the one at bar, where the accused had signified
Writing is
something more than
moving
the
body, or the hand, or the
their
residence or
place
of
work and in public places, during election his intent to withdraw his appeal, the court is required to inquire into
fingers; writing is not a purely mechanical act, because it
period.AllthatPSAsmustdoistosecuresuchauthority. thereasonforthewithdrawal.
requirestheapplicationofintelligenceandattention.
SWSandPulseAsiav.Comelec2
015EnBancLeonen,J Here the witness is
compelled to
write
and
create, by means of
L.RightAgainstSelf-incrimination the act of writing, evidence which does not exist, and which
The relation of the state's police power to the principle of mayidentifyhimasthefalsifier.
non-impairment of contracts was thoroughly explained in Ortigas Sec 17. No person shall be compelled to be a witness against
In
the
case of Villaflor v. Summers, it was sought to exhibit something
andCo.v.FeatiBank: himself. already in
existence, while in
the
case
at
bar,
the question deals with
While non-impairment of contracts is constitutionally something not yet in existence; in short, to create this evidence which
guaranteed, the
rule
is
not
absolute,
since
it has to be reconciled Sec 12(3). Any confession or admission obtained in violation
of mayseriouslyincriminatehim.
withthelegitimateexerciseofpolicepower. this
or
Section
17 hereof
shall
be inadmissible
in
evidence against
him. Peoplev.Olvis
We have
demonstrated that not only an important or substantial state
interest, but even a compelling one anchors Resolution No. 9674's Scopeandcoverage
The accused-appellants were denied their
right
to
counsel
not
once,
requirement of disclosing subscribers to election surveys. It effects
USv.TanTeng but twice. We refer to the forced re-enactment of the crime the
the constitutional policy of guaranteeing equal access to
threeaccusedweremadetoperformshortlyaftertheirapprehension.
opportunities for
public service and is
impelled by the imperative of The prohibition of compelling a man in a criminal court to be a Forced re-enactments, like uncounselled and coerced
"fair"elections. witness against himself, is a prohibition of the
use
of
physical or confessionscomewithinthebanagainstself-incrimination.
As
a valid
exercise
of
COMELEC's
regulatory
powers, Resolution No. moral compulsion, to extort communications from him, not an
exclusionofhisbodyasevidence,whenitmaybematerial. Thus, an
act,
whether
testimonial or passive,
that would amount to
9674 is correctly deemed written into petitioners' existing disclosure of incriminatory facts is covered by the inhibition
of
the
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Constitution. This should be distinguished, parenthetically, from cross-examinationbytheprosecution; with a crime
before the
prosecutor's office, a mandatory drug testing
mechanicalactswhichinclude 3) WHILE TESTIFYING, to
refuse
to
answer a specific question can never be random or suspicionless. Drug testing in this case
1. requiring the accused to submit to a test to extract virus which tends to incriminate him for some crime
other
than would violate a persons' right to privacy. Worse still,
the
accused
fromhisbody, thatforwhichheisthenprosecuted. personsareveritablyforcedtoincriminatethemselves.
2. orcompellinghimtoexpectoratemorphinefromhismouth, Application
3. ormakinghersubmittoapregnancytest SJSv.DDBreMandatoryDrugTesting
Peoplev.Yatar
4. orafootprintingtest, The
drug
test
prescribed
under Sec.
36(c), (d), and (f) of RA 9165 for
secondary and tertiary level students and public and private A person may be compelled to submit to fingerprinting,
5. or requiring him to take part in a police lineup in certain
employees, while mandatory, is a random and suspicionless photographing, paraffin, blood and DNA, as there is no testimonial
cases.
arrangement. compulsion involved.
The accused
may be
compelled to
submit to a
physical examination to determine his
involvement in an offense
of
Chavezv.CA What
can
reasonably
be
deduced
from the
US
cases of Vernonia and whichheisaccused.
BoardofEducationandappliedtothisjurisdictionare:
Compulsion as it is understood here does not necessarily connote
1) schools and
their
administrators
stand
in loco parentis with Cabalv.Kapunan,Jr.
the use of violence; it may be the product of unintentional
respecttotheirstudents;
statements. Pressure which operates to overbear his will, disable him
2) minor students have contextually fewer rights than an adult, Proceedings for forfeiture of property are deemed criminal or
from making a free and rational choice, or impair his capacity for
and are subject to the custody and supervision of their penal, and, hence, the exemption of defendants in criminal cases from
rational judgment would in our opinion be sufficient. So is moral
parents,guardians,andschools; theobligationtobewitnessesagainstthemselvesareapplicable.
coercion "tending to force testimony from the unwilling lips of
the
defendant." 3) schools, acting in
loco parentis, have a duty to safeguard the
health and well-being of
their
students and
may adopt
such ⭐Calidav.TrillanesIV2019EnBancLeonen,J
Peoplev.Ayson measures as
may reasonably be necessary to discharge such The power
of
legislative
inquiry must
be
carefully balanced with the
duty;and private rights of those affected. A person's right against
The right against self-incrimination is not self-executing or
4) schools have the right to impose conditions on applicants self-incrimination and
to
due
process
cannot be
swept aside in favor
automatically operational. It must be claimed. A person suspected of
foradmissionthatarefair,just,andnon-discriminatory. ofthepurportedpublicneedofalegislativeinquiry.
having committed a crime and subsequently charged with its
commission in court, has the following rights in the matter of his Guided by Vernonia and Board of Education, the Court is of the It
must be
stressed that
persons invited to appear before a legislative
testifyingorproducingevidence,towit: view and so holds that the provisions of RA 9165 requiring inquiry do so as resource persons
and
not as
accused
in
a criminal
1) BEFORE THE CASE IS FILED IN COURT, but after having been mandatory, random, and suspicionless drug testing of students are proceeding. Thus, they should be accorded respect and courtesy
taken into custody or otherwise deprived of his liberty in constitutional. since they were under no compulsion to accept the invitation
some significant way, and on being interrogated by the extendedbeforethem,yettheydidsoanyway.
The reduced expectation of
privacy on the
part of
the
employees,
police: the continuing right
to
remain silent and to counsel, the compelling state concern likely to
be met by
the search, and
the
and to be informed thereof, not to be subjected to force, Immunitystatutes
well-defined limits set forth in the
law to
properly guide authorities
violence, threat, intimidation or any other means which in the conduct of the random testing, we hold that the challenged drug Galmanv.Pamaran
vitiates the free will; and to have evidence obtained in test requirement is,
under the limited context of
the case, reasonable
violationoftheserightsrejected; and,ergo,c onstitutional. Immunity statutes may
be generally classified
into
two: one, which
grants "use immunity"; and the
other,
which
grants what is
known
2) AFTERTHECASEISFILEDINCOURT Unlike the situation covered by
Sec.
36(c)
and
(d)
of
RA
9165, as"transactionalimmunity".
a) torefusetobeawitness; the Court finds no valid justification for mandatory drug testing
forpersonsaccusedofcrimes. The distinction between the two is as follows: "Use immunity"
b) not
to
have
any
prejudice
whatsoever
result
to
him
prohibits use of witness' compelled testimony and its
fruits
in
any
bysuchrefusal; The operative concepts in the mandatory drug testing are manner in connection with the
criminal prosecution of
the
witness.
c) to testify in his own behalf, subject to "randomness" and "suspicionless." In
the
case
of
persons charged On the other hand, "transactional immunity" grants immunity to
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the
witness
from
prosecution
for
an
offense
to
which
his
compelled extra-judicialconfessionsoutlawedbytheConstitution. individual'sconstitutionalrights.
testimonyrelates.
Requisites In People
v.
Basay, this Court
stressed that
an
accused's right
to
be
informed of
the
right
to
remain silent and to counsel "contemplates
M.RightsofPersonsUnderCustodialInvestigation Peoplev.FernandezyDelaVega2018 the transmission of meaningful information rather than just
the ceremonial and perfunctory recitation of an abstract
It is settled that for an extrajudicial confession to be admissible in constitutionalprinciple."
Sec 12. Any person under
investigation
for
the
commission
of
an evidenceagainsttheaccused,thesamemustbe
offenseshallhavetherighttobeinformedofhisright The investigation was actually conducted in the absence of counsel in
a) voluntary,
one place (the QC SID headquarters) and signed in the presence of
a) tor emainsilentand b) made with the assistance of a competent and independent counsel in another (the QC IBP office). These facts lead us to the
b) to have competent and independent counsel preferably counsel, inevitable conclusion that the confessions of both defendants were
ofhisownchoice. c) express,and obtained in the absence of independent and competent counsel as
d) inwriting. mandatedbythe1987Constitution.
Availability
In
People v.
Cachuela, the Court held that a custodial investigation
"Custodial investigation" shall include the
practice
of
issuing is any questioning initiated by law enforcement authorities after a Peoplev.Culala
"invitation" to a person who is investigated in connection with
an person is
taken into
custody or otherwise deprived of his freedom of In People v. Bandula, it was held that a Municipal Attorney cannot
an
offense he
is
suspected to
have
committed, without prejudice to action in any significant manner. x x x It begins when there is no beanindependentcounsela srequiredbytheConstitution.
theliabilityofthe"inviting"officerforanyviolationoflaw. longer a general inquiry into an unsolved crime and the
investigation has started to focus on a particular person as a
suspect. Peoplev.RodriguezandArtellero
Peoplev.MorenoyTazon2020
Here, Fernandez was not assisted by counsel at all
times
during In
the
case of
People
v.
Bolanos, we held that
an
accused who is on
Even assuming that appellant's arrest was irregular, still,
it
is
not
a board the police vehicle on the way to
the police station
is
already
his custodial investigation. He was assisted
by
Atty. Francisco only
jurisdictional defect, and objection thereto is waived where the undercustodialinvestigation.
duringthetimeheexecutedhisextrajudicialconfession.
personarrestedsubmitstoarraignmentwithoutobjection.
Moreover, Atty. Francisco was not an independent counsel. Atty. Jurisprudence is clear that
an
accused
under
custodial
investigation
There was no violation of appellant's right to counsel during
Francisco testified that
he
was a legal
consultant in
the
Office
of
the must c ontinuously have a counsel assisting him from the very
custodial investigation. The records show that appellant was
Municipal Mayor of Binmaley. He cannot be considered as an start
thereof.
In
this
case,
Rodriguez and
appellant
were in the hands
informed of
his
constitutional rights when
he
was arrested. Since he
independent counsel since protecting the rights of Fernandez as a ofthepoliceforaboutfourdayswithouttheassistanceofcounsel.
chose to remain silent,
he
was not
interrogated and no
statement or
suspect is
in direct conflict with his duty to the Municipal Mayor and
evidence was extracted from him; neither was any evidence
thelocalgovernmentoftheMunicipality. Peoplev.Andan
presented in court that was supposedly obtained from him during
custodialinvestigation. Given these circumstances, Fernandez's extrajudicial confession is
It cannot be successfully claimed that
appellant's confession before
inadmissibleinevidence.
the mayor is inadmissible. However, appellant's confession to
the
Peoplev.Turla mayor was
not
made
in
response to any interrogation by the latter. In
Righttohaveindependentandcompetentcounsel,
The Court agrees with counsel for the accused-appellant that the fact, the mayor did not question appellant at all. No police
preferablyofownchoice
Receipt for
Custody is
inadmissible in evidence, as
it
was signed by authority ordered appellant to talk to the mayor. It was appellant
Peoplev.Deniega himself who spontaneously, freely and
voluntarily sought the mayor
the accused during custodial investigation without the assistance of
counsel of his choice and
without having been first informed of
his for a private meeting. The mayor did not know that appellant was
If the lawyer were one furnished in the accused's behalf, it is
constitutional right to silence and to counsel. The said Receipt is a going to confess his guilt to him. Hence we hold that appellant's
important that
he
should be
competent and independent, i.e., that
declaration against interest and a tacit admission of the crime confessiontothemayorwascorrectlyadmittedbythetrialcourt.
he w
illing
is to
fully safeguard the constitutional rights of
charged, since mere unexplained possession of prohibited drugs is the accused, as distinguished from one who would merely be Appellant's confessions to the media were likewise properly
punished by law. The Receipt is in the same category as admitted. We have held that statements spontaneously made by a
giving a routine, peremptory and meaningless recital of the
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suspect to news reporters on a televised interview are deemed There are
two
kinds
of involuntary or coerced confessions treated
This notwithstanding, the Court should still inquire upon the
voluntarya ndareadmissibleinevidence. inthisconstitutionalprovision:
voluntariness of the confession. The prosecution must establish
Righttobeinformed
1) those which are the product of third degree methods such as that the accused spoke freely, without inducement of any kind,
and
torture, force,
violence, threat,
intimidation, which
are dealt fully aware of the consequences of the confession. This may be
Peoplev.Canoy withinparagraph2of§12,and inferred from the language of the confession, as when the accused
2) those which are given without the benefit of Miranda provideddetailsknownonlytohimorher.
No meaningful information as to his rights under custodial
interrogation was conveyed to GREGORIO. He was not asked if he warnings, which are the subject
of
paragraph
1 of
the
same
OutofCourtIdentifications/PoliceLine-ups
wanted to
avail
of
his rights and was not told that if he had no lawyer §12.
of his own choice he could avail of one to be appointed for him. Peoplev.MorenoyTazón2
020supra
What renders the confession of accused-appellant inadmissible is the
Furthermore, the waiver states that he does not want the assistance of fact
that he was not given the Miranda warnings effectively. There Out-of-court identification is conducted by the police in various
counsel and it is not shown that he agreed to be assisted by Atty. was thus only a perfunctory reading of the Miranda rights to him ways. It is done thru show-ups where the
suspect alone is
brought
Tanjili. without any effort to find out from him
whether
he
wanted to
have face to face with the witness for identification. It is
done thru
mug
counsel and,
if
so,
whether he
had
his
own
counsel or he wanted the shots where photographs are shown to the witness to identify the
Waiver policetoappointoneforhim. suspect. It is also done thru
lineups where a witness identifies the
heserightsc
Sec12(1).T annotbewaivedexcept Here, accused-appellant was assisted by Atty. De los Reyes, who, suspect from a group of persons lined up for the purpose x x x. In
though presumably competent, cannot be considered an resolving the admissibility of and relying on out-of-court
1. inwritingand
"independent counsel" as contemplated by the law for
the
reason identification of suspects, courts have adopted the totality of
2. inthepresenceofcounsel. that
he was
station
commander of the WPD at the time he assisted circumstances test where they consider the following factors,
accused-appellant. viz[.]:
Peoplev.Bacor
1) the
witness' opportunity
to
view
the
criminal
at
the
time
of
As
observed in People v. Bandula, the independent counsel required
All throughout the
custodial investigation, Atty.
Miriam Angot
of
the thecrime;
by Art. III,
§12(1) cannot be
a special
counsel,
public
or
private
PAO took pains to explain meaningfully to the accused each and every 2) thewitness'degreeofattentionatthattime;
prosecutor, municipal attorney, or counsel of the police whose
query posed by SPO3 Ydulzura. Accused then stamped his approval to
interestisadmittedlyadversetotheaccused. 3) theaccuracyofanypriordescriptiongivenbythewitness;
the extrajudicial confession by affixing his signature on each and
every page thereof in
the
presence of
counsel Angot.
Consequently, Effectofnon-compliance
4) the level of certainty demonstrated by the witness at the
therewasaneffectivewaiveroftherighttoremainsilent. identification;
Sec 12(3). Any confession or admission obtained in violation
of
5) the length of
time
between
the
crime
and
the
identification;
Lumanogv.People2010EnBanc this or Section 17 hereof shall be inadmissible in evidence and
againsthim. 6) thesuggestivenessoftheidentificationprocedure.
Police officers claimed that upon arresting Joel, they informed him of
his constitutional rights to remain silent, that any information he PorteriayManebaliv.People2019supra
would give could be
used against him, and that he had the
right to
a
When the police
officers asked Marvin regarding the discovery of the N.RightsoftheAccused
competent and independent counsel, preferably, of his own choice,
motorcycle's registration documents in his possession, Marvin's
and if he cannot afford the services of counsel he will
be
provided Criminaldueprocess
right to counsel automatically attached. Without the
assistance
of
a
with one. However, since these rights can only be waived in writing
counsel, and in the absence of
a valid
waiver
of
this
right,
Marvin's Sec 14. No person shall be held to answer
for
a criminal
offense
and with the assistance of counsel, there
could not have been such a
"voluntary"answerisi nadmissibleasevidenceofhisguilt.
valid waiver by Joel, who was presented to Atty. Sansano at
the
IBP withoutdueprocessoflaw.
Office, Quezon City Hall only the following day and stayed overnight Another circumstantial evidence considered by
the
trial court
is
the
atthepolicestationbeforehewasbroughttosaidcounsel. alleged confession of Marvin to Virgie, the mother of the Nunezv.Sandiganbayan
complainant. Unlike Marvin's admission to P/Insp. Villamer, the
What is required for compliance with the due process mandate in
Peoplev.Obrero confession to Virgie, a private party, is not within the scope of
the
criminal proceedings? In Arnault v. Pecson this Court succinctly
constitutionalandstatutorylimitationsonextrajudicialconfessions.
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identified it with "a
fair and impartial trial and reasonable a) That he is a recidivist, quasi-recidivist, or habitual
1. In all cases, whether bail is a matter of right or discretion,
opportunity for
the preparation of defense." It may be said that if delinquent, or has committed the
crime
aggravated by
the
notify the prosecutor of the hearing of the application for
anaccused circumstanceofr eiteration;
bailorrequirehimtosubmithisrecommendation;
1. hasbeenheardinacourtofcompetentjurisdiction,and b) That he has previously escaped from legal confinement,
2. Where bail is a matter of discretion, conduct a hearing of the
2. proceededagainstundertheorderlyprocessesoflaw,and application for bail regardless of whether or not the evaded sentence, or violated the conditions of his bail
3. onlypunishedafterinquiryandinvestigation, prosecution refuses to present evidence to
show that
the withoutvalidjustification;
4. uponnoticetohim, guilt of the accused
is
strong for
the
purpose of
enabling
the c) That he committed the offense while under probation,
courttoexerciseitssounddiscretion; parole,orconditionalpardon;
5. withanopportunitytobeheard,and
3. Decide
whether
the
guilt
of the accused is strong based on the d) That the
circumstances of
his
case
indicate
the probability
6. a
judgment
awarded
within
the
authority
of
a constitutional offlightifreleasedonbail;or
law, summaryofevidenceoftheprosecution;and
e) That
there
is
undue risk that he may commit another crime
thenhehashaddueprocessoflaw. 4. If
the
guilt
of
the
accused is
not strong, discharge the accused
duringthependencyoftheappeal.
upon the
approval of
the
bail bond. Otherwisethe
bail should
Bail bedenied. In Leviste v. CA, We explained that the foregoing provisions
contemplatetwoscenarios.
Sec 13.
All
persons, except those charged with offenses punishable
Villanuevav.Buaya2 010 First, where none of the listed bail-negating circumstances is
by
reclusion perpetua when evidence of guilt is strong, shall, before
present, the Court may grant or deny bail
based on
its
sound
conviction, be bailable by sufficient sureties, or be released on In any event, whether bail is a matter of right or discretion, a
judicialdiscretion.
recognizance as
may be
provided by
law. The right to bail shall not hearing for a petition
for bail
is required in order for the court to
be
impaired even when the privilege of the writ of habeas corpus is consider t
he
g uidelines
s
et
forth
in
Section
9, Rule
114 in
fixing
the Second, if a bail-negating
circumstance
exists,
the
Court
has
no
amountofbail. otheroptionbuttodenyorcancelthebail.
suspended.Excessivebailshallnotberequired.
However,theenumerationinSection5isn
otexclusive.
Peoplev.Escobar2
017Leonen,J Balanayv.Adalim-White2
016
We clarify that
conviction of the accused of
the crime charged is
Bail
is the security given for the temporary release of a person who It is basic, however, that bail hearing is necessary even if t he irrelevant only in bail application pending appeal where the
has been arrested and detained but "whose guilt has not yet been prosecution does not interpose any objection or leaves the penalty imposed is
NOT reclusion perpetua, life imprisonment,
proven" in court beyond reasonable doubt. The right to bail is applicationforbailtothesounddiscretionofthecourt. or death. The Revised Rules is
clear
that when a person
is
charged
cognatetothefundamentalr ighttobepresumedinnocent. with a capital offense or an offense punishable by reclusion perpetua
In People v. Hon. Maceda reiterated in Trillanes IV v. Judge
or
death, he/she shall not be admitted to
bail, regardless of the stage
In this case, the imposable penalty for kidnapping for ransom is Pimentel Sr., this Court held that "all prisoners whether under
of
the criminal prosecution, when evidence of his/her guilt is strong.
death, reduced to reclusion perpetua. Escobar's bail is, thus, a preventive detention or serving final sentence cannot practice their
Conviction of a capital offense imports that evidence against
matter of judicial discretion, provided that the evidence of his guilt profession nor engage in
any
business or
occupation or
hold
office,
theaccusedisstrongsobailpendingappealisforeclosed.
isnotstrong. electiveorappointive,whileindetention."
Escobar's
Second Bail Petition is not barred by res judicata as this ⭐Reyesv.People2
019Leonen,J
⭐Peoplev.Sales2019Resolution
doctrineisnotrecognizedincriminalproceedings.
The factual findings show the presence of two (2) circumstances
In non-capital offenses where the trial
court imposes the
penalty
of
statedinRule114,Section5:
Tev.Perez imprisonment exceeding six years, the conviction of
the
accused of
the crime
charged does not ipso facto negate bail pending appeal. The 1) petitioner had previously escaped from legal confinement,
The law
and settled jurisprudence demands that a hearing be accused shall be denied bail, or his bail shall be cancelled upon a evaded sentence, or violated the conditions of his bail
conducted before bail could be
fixed for
the
temporary release of showing by the prosecution, with notice to the accused, of the withoutavalidjustification;and
the accused, if
bail
is at all justified. We reiterate the following duties followingorothersimilarcircumstances: 2) heposesaflightriskifadmittedtobail.
ofjudgesincaseanapplicationforbailisfiled:
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cfPresumptionofRegularityinthePerformanceofOfficial Ibañezv.People2016
There was thus no error in the Sandiganbayan's exercise of its
discretiontocancelpetitioner'sbail. Functionsin⭐P
eoplev.Ordiz2
019 Here, petitioners were duly represented by a counsel de oficio all
throughouttheproceedingse xceptforonehearing.
Standardsforfixingbail
The Court stresses that the presumption of regularity in the
performance of duty cannot overcome the stronger The Court is
not
persuaded that
the
absence
of the counsel de oficio
Paduav.People2
019 presumption of
innocence in
favor of the accused. Where there is in one of the hearings of this case amounts to a denial of right to
any hint
of
irregularity committed by
the police
officers
in arresting counsel. Nor does such absence warrant the nullification of the entire
The existence of a high degree of probability that the accused will
the accused and thereafter, several of which we have earlier noted, trialcourtproceedingsandtheeventualinvalidationofitsruling.
abscond confers upon the court no greater discretion than to
increase the bond subject, of course, to the constitutional provision there can be no presumption of regularity of performance in their
favor. Righttobeinformedofthenatureandcauseofaccusation
that "excessive bail
shall not
be
required." The
recourse of
the
judge
istofixahigheramountofbailandn ottodenythefixingofbail. Enrilev.People2
015EnBanc
Righttobeheard
Righttobailandrighttotravel
The procedural due process mandate of the Constitution requires that
Peoplev.Tulin
the accused be arraigned so that he may be fully informed as
to
Manotoc,Jr.vCA why he was charged and what penal offense he has to face, to be
Does it constitute a violation of Hiong's constitutional right to be
informed of the nature and cause of
the
accusation against
him on convicted only on showing that his guilt is shown beyond reasonable
Does a person facing a criminal indictment and provisionally
the ground that
he
was convicted as
an
accomplice under Section 4 doubt with full opportunity to disprove the evidence against him.
releasedonbailhaveanunrestrictedrighttotravel?NO.
of PD 532 even though he was charged as a principal by direct During arraignment, the accused is granted the opportunity to fully
The condition imposed upon petitioner to make himself participationunderSection2ofsaidlaw? know the precise charge
that
confronts him and
made
fully aware of
available
at
all
times
whenever the court requires his presence possible loss of freedom, even
of
his
life, depending on the nature of
operatesasavalidrestrictiononhisrighttotravel. The ruling of
the
trial
court
is within well-settle jurisprudence that if thecrimeimputedtohim.
there is
lack
of
complete evidence of
conspiracy, the
liability
is
that
Presumptionofinnocence of an accomplice and not as principal (People v. Tolentino). Any The Information must permit the accused to prepare his defense,
doubt as to the participation of an individual
in the
commission of ensure that he is prosecuted only on the basis of facts presented,
⭐DeGuzmanyAguilarv.People2
019Leonen,J thecrimeisalwaysresolvedinfavoroflesserresponsibility. enable him to
plead jeopardy against a later prosecution, and inform
the court of
the facts alleged so that
it
can determine the
sufficiency
The requisite quantum of
proof beyond reasonable doubt is borne
Assistanceofcounsel of the charge. An Information may be sufficient to withstand a motion
by the constitutional imperative of
due
process.
It
is
also
in keeping
to quash, and yet insufficiently inform the accused of the specific
with the presumption of innocence of an accused until the contrary This right is available not only during trial. Every person under details of the alleged offenses. In
such instances, the
Rules
of
Court
isproved. custodyofthelawenjoystheright. allow the accused to
move for a b
ill
of particulars to enable him
Any person arrested, detained or under custodial investigation shall properlytopleadandtopreparefortrial.
DisputablePresumptionsin⭐ F
uertesv.SenateofthePhilippines
at
all
times be assisted by counsel. Included in this right is the right In
general,
a bill of particulars is the further specification of the
2020EnBancLeonen,J
tobeinformedofhisrighttocounsel. charges or
claims in
an
action, which an
accused
may
avail
of
by
This Court has upheld the constitutionality of disputable motion before arraignment, to enable him to properly plead and
Peoplev.PepinoyRueras2016EnBanc
presumptions in criminal laws. The constitutional presumption of preparefortrial.
innocence is not violated when there is a logical connection The right to counsel is a fundamental right and is intended to The purpose of a bill of particulars is to supply vague facts or
betweenthefactprovedandtheultimatefactpresumed. preclude the
slightest
coercion that
would lead
the
accused to admit allegations in
the complaint or
information to enable the accused to
something false. The right to counsel attaches upon the
start of
the properly plead and prepare for trial. It presupposes a valid
Section 14, paragraph 4 of
the
Anti-Hazing Law,
which provides
that
investigation. Custodial investigation commences when a person is Information, one that presents all the elements of the crime charged,
an accused's presence
during a hazing is prima facie evidence of his
taken into custody and is
singled out as a suspect in the commission albeitundervagueterms.
or
her
participation,
does not
violate
the
constitutional presumption
of the crime under investigation. As a rule, a police lineup is
not
of innocence. This disputable presumption is also not a bill of
part of the custodial investigation; hence, the right to counsel
attainder. ⭐Peoplev.SolaryDumbrique2
019EnBanc
guaranteedbytheConstitutioncannotyetbeinvokedatthisstage.
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The Court hereby lays down the following guidelines for the guidance however, is
correct only insofar as formal objections to the pleadings Far from being vexatious, capricious and oppressive, however, the
oftheBenchandtheBar: are concerned. By express provision of Section 9, Rule 117 and
by delays entailed by the postponements of the aforesaid hearings were,
established jurisprudence, the validity of the Information vis-a-vis to
a great
extent, attributable to
petitioner Francisco's own pursuit of
1. Any Information which a lleges that a qualifying or
the essential issue of whether or not
it
sufficiently charges an extraordinary remedies against the interlocutory orders issued by the
aggravating circumstance is present, must state the
offense goes into
the very
foundation of jurisdiction, hence, may Sariaya MTC and the assignment of
at
least
three
public
prosecutors
ultimate facts relative to such circumstance. beraisedandaddressedatanystageoftheproceedings. tothecase.
Otherwise, the Information may be subject to a motion
to
quash,oramotionforab
illofparticulars. Righttospeedy,impartial,andpublictrial Rightofconfrontation
Failure of the accused to avail any of the said remedies MartinezIIIv.People2
019 ⭐Peoplev.SergioandLacanilao2019
constitutes a waiver of his right to question the defective
statement of the aggravating or qualifying circumstance in The Constitution guarantees under Section 16,
Article
III
the
right
to May a prosecution
witness,
like Mary Jane Veloso, who was convicted
the Information, and consequently, the same may be the speedy disposition of cases. The Court has adopted the of drug trafficking and sentenced to death by the Indonesian
appreciatedagainsthimifprovenduringtrial. "balancing test" to the effect that
in
determining the existence of Government and who is presently confined in a prison facility in
inordinate delay the courts should consider the presence of the Indonesia, testify by way of deposition without violating the
2. Prosecutors must ensure compliance with Section 8 (a), constitutionalrighttoconfrontationofawitnessbytheaccused?
followingfactors,namely;
Rule 112 that mandates the attachment to the Information
theresolutionfindingprobablecauseagainsttheaccused. 1) thelengthofdelay; YES. The right
to
confrontation is part of due process not only
2) thereasonf ordelay; in criminal proceedings but also in civil proceedings as well as
in
3. Cases which have attained
finality prior to the promulgation
proceedingsinadministrativetribunalswithquasi-judicialpowers.
of
this
Decision will remain final
by virtue of the principle 3) thedefendant'sa
ssertionofhisorherright;and
ofconclusivenessofjudgment. 4) theprejudicet othedefendantasaresultofthedelay. Indubitably, the constitutional rights of Cristina and Julius are
equally safeguarded. The
parameters laid down by
the
trial court are
4. For cases which are still
pending before the
trial
court,
the In Corpuz v.
Sandiganbayan: Delay
is
a two-edged sword. It is
the
sufficient in detail ensuring that Mary Jane will give her testimony
prosecution, when still
able,
may file a motion to amend the government that bears the burden of proving its case beyond
under oath to deter lying by
the
threat of
perjury
charge. She is
still
Information in order to properly allege the aggravating or reasonable doubt. The passage of time may make it difficult or
subjected to cross-examination so as to determine the presence of
qualifyingcircumstancepursuanttothisDecision. impossible for the government to carry its burden. As held in
any
falsehood in
her testimony. Lastly, the guidelines enable the trial
Williams v. US, for the government to sustain its right to try the
5. For cases
in which a judgment or
decision has
already been court judge to observe her demeanor as a witness and assess her
accuseddespiteadelay,itmustshowtwothings:
rendered by the trial court and is still pending appeal, the credibility.
case shall be judged by the appellate court depending on a) that the accused suffered no serious prejudice beyond
that
whether the accused has already waived his right to question whichensuedfromtheordinaryandinevitabledelay;and
Peoplev.Matibag
the defective statement of the aggravating or qualifying b) that
there
was
no
more
delay than is reasonably attributable
circumstanceintheInformation. totheordinaryprocessesofjustice. The testimony of a single witness, if found to be credible,
trustworthy and straightforward would suffice to convict the accused
Here, the
delay incurred in
conducting the
preliminary investigation of the crime of which he
was
charged. The
discretion
still
lies
with
Peoplev.CubayyUgsalan2019 surely prejudiced the
petitioners.
With the
lapse
of
nearly five
years the prosecution as
to
the
number of
witnesses and
whom to present
The Informations conspicuously lack
the second element of rape, i.e. from the submission of their counter affidavits, they were thus no on the witness stand. For sure,
the prosecution could not be accused
the accused employed force or intimidation, or that the
victim was longer in the position to adequately prepare themselves for their of
suppressing vital evidence. The defense could have presented Mrs.
deprived of reason, unconscious, under twelve (12)
years of
age,
or defense should further proceedings and trial be held, including the Mercadoasanadversewitnessifitsodesired.
was demented. Thus, the Informations do not validly charge the gathering of evidence upon the new allegation that had meanwhile
contributed another ground for their indictment for
the violation of On the
other hand, this Court agrees with accused-appellants that the
crime of
rape
or
any
offense
at
all.
The
same, for
sure, cannot be the
Section3(e)ofR.A.No.3019. trial court should not have considered the
extrajudicial statement of
basisofavalidjudgmentofconviction.
Edna Crisologo Jacob who was not placed on the witness stand, thus,
We are not unmindful of the rule that by his plea, an accused is depriving the defense of its right to cross-examination. The
Imperial,etalv.Joson,etal2010
deemed to have waived all objections to the
information. This
rule, veracity of her statement not
having been ascertained, it
should not
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have been given any probative value at all. Be that as it may, her Sec
16. All
persons
shall have
the right
to
a speedy
disposition
of The prohibition found in Section 23 is unconstitutional not only
testimony is merely corroborative, and its exclusion will not
affect
their cases before all judicial, quasi-judicial, or administrative because it contravenes the rule-making power of this
Court,
it
also
thefindingofguiltofaccused-appellants.
bodies. constitutes "cruel, degrading, and inhuman" punishment for the
accused.Theaimistorehabilitate,notpunish,thosedrugoffenders.
Peoplev.Givera Olbesv.Buemio
Oral
testimony may be
taken
into
account only when it
is
complete, In Solar Team Entertainment, Inc. v. Judge How, the Court
that
is,
if the witness has been wholly cross-examined by the adverse Q.Non-imprisonmentforDebts
stressed that the exceptions consisting of the time exclusions
party or the right to cross-examine is
lost
wholly or
in part thru the provided in the Speedy Trial Act of 1998 reflect the fundamentally
fault of such adverse party. But when cross-examination is not
and recognized principle that "speedy trial" is a relative term and Sec 20.
No person
shall
be
imprisoned
for debt or non-payment of
cannot be done or completed due
to causes attributable to
the party necessarily involves a degree of flexibility. Such
right to
a speedy apolltax.
offering the witness, the uncompleted testimony is
thereby rendered trial and a speedy disposition of a case is violated only when the
incompetent. proceeding is
attended by
vexatious, capricious and oppressive Lozanov.MartinezonBP22
delays.
Compulsoryprocess Has BP 22 transgressed the constitutional inhibition against
imprisonment for debt? To
answer the question, it
is
necessary to
Peoplev.Chua Lumanogv.People2010EnBanc examine what the statute prohibits and punishes as an offense.
The
1973 and 1987 Constitutions expanded the right to compulsory The
gravamen of
the
offense punished by BP 22 is the act of making
What the Constitution prohibits are unreasonable, arbitrary
process
which now
includes
the
right to secure the production of and
issuing a worthless check or
a check that is dishonored upon its
andoppressivedelays,whichrenderrightsnugatory. presentation for payment. It is not the non-payment of an obligation
evidenceonone'sbehalf.Themovantmustshow:
A mere mathematical reckoning of the time involved would not be which the law punishes. The law punishes the
act
not as
an
offense
a) thattheevidenceisreallym
aterial; againstproperty,butanoffenseagainstpublicorder.
sufficient. Under the circumstances, we hold that the delay of (4)
b) that
he
is
not
guilty
of
neglect
in
previously
obtaining
the four years
during
which the
case
remained pending with the
CA
and
productionofsuchevidence; thisCourtwasnotunreasonable,arbitraryoroppressive. R.RightAgainstDoubleJeopardy
c) thattheevidencewillbeavailableatthetimedesired;and
d) thatnosimilarevidencecouldbeobtained. P.RightAgainstExcessiveFinesandCruel, Mallariv.People
In
the
case
at
bar,
the trial
court
correctly denied appellant's motion Degrading,andInhumanPunishments
for the
production of
the
records which were the basis in issuing the A comparison of the Informations filed in the two cases under
POEA Certification dated February 3,
1994, as
the same would not in consideration as well as the findings of facts of
the
appellate
court
Sec 19.
Excessive fines
shall
not
be
imposed, nor
cruel,
degrading tells
us
that
they
refer to
the
same series of acts. These series of acts
any way alter the undisputed fact that appellant was not issued a
licenseuntilthen. or inhuman punishment inflicted. Neither shall death penalty be amount to what is known in law as a continued, continuous or
imposed, unless,
for compelling reasons involving heinous crimes, continuingoffense.
Trialsinabsentia the Congress hereafter provides for it. Any death penalty already It has also
been
ruled
that when
two informations refer
to
the
same
imposedshallbereducedtoreclusionperpetua. transaction, the second charge cannot prosper because the accused
Whenpresenceofaccusedisaduty
The employment of physical, psychological, or degrading will thereby be placed in
jeopardy for the
second
time for
the
same
1. Arraignmentandplea; offense.
punishment against any prisoner or detainee or the use of
2. Duringtrial,foridentification; substandard or inadequate penal facilities under subhuman Petitioner, having already been convicted of the complex crime of
3. Promulgationofsentence,unlessforlightoffense. conditionsshallbedealtwithbylaw. estafa thru falsification of public documents in CA-G.R. No.
20817-CR, it
stands to reason that she can no longer be held liable for
Estipona,Jr.v.Lobrigo2
017EnBancrePlea-bargaining the same crime in this case. The rule against double jeopardy
O.RighttotheSpeedyDispositionofCases protects the accused not against the peril of second
Leonen,Jconcurring punishmentbutagainstbeingtriedforthesameoffense.
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Peoplev.Sandiganbayan(SecondDivision)2
019 question of whether the judgment for acquittal is per se void on individuals or a group of individuals, the imposition of a
jurisdictional grounds. The court will look into the decision's punishment, penal or otherwise, and the lack of judicial trial. This
We adhere to the
finality-of-acquittal
doctrine, that
is,
a judgment validity — if
it
was
rendered by
a court without jurisdiction or if the last
element, the total lack of court intervention in the finding of guilt
ofacquittalisfinalandunappealable. court acted with grave abuse of discretion amounting to lack or and the determination of the actual penalty to be imposed, is the
excessofjurisdiction—notonitslegalcorrectness. most essential. P.D.
No. 1866 does
not
possess
the elements of a bill
Theelementsofdoublejeopardyare
ofattainder.
1) the complaint or information was sufficient in form and As long as a court acts within its jurisdiction, any alleged errors
substancetosustainaconviction; committed in the exercise of its discretion is not reviewable via
certiorari for being nothing more than errors
of
judgment. Thus, the InmatesoftheNewBilibidPrisonv.DeLima2019EnBanc
2) thecourthadjurisdiction; CAcommittedreversibleerrorwhenitannulledtheRTCDecision.
While R.A. No. 10592 does not define a crime/offense or
3) theaccusedhadbeenarraignedandhadpleaded;and
provide/prescribe/establish a penalty as it addresses the
4) the accused was convicted or acquitted or the case was S.RightAgainstInvoluntaryServitude rehabilitation component of our correctional system, its
provisions
dismissedwithouthisexpressconsent. have the purpose and effect
of
diminishing the punishment attached
The only instance when the accused can be barred from invoking his Sec 18.
xxx No involuntary servitude in any form shall exist except to the crime. The further reduction on the length of the penalty of
right against
double jeopardy is when it can be demonstrated that the as
a punishment for
a crime whereof the party shall have been duly imprisonment is,
in
the
ultimate analysis,
beneficial to the detention
trial court acted with grave abuse of discretion amounting to lack convicted. and convicted prisoners alike; hence, calls for the application of
or excess of jurisdiction, such as where the prosecution was not Article22oftheRPC.
allowed the opportunity to make its case against the accused or T.ExpostfactolawsandBillsofAttainder Section 4, Rule 1 of the Implementing Rules and Regulations of
wherethetrialwassham.
Republic Act
No.
10592 is
DECLARED
invalid insofar as
it
provides
⭐Fuertesv.SenateofthePhilippines2
020EnBancLeonen,J for the prospective application of the grant of good conduct time
RemedyofStatefromJudgmentofAcquittal: allowance, time allowance for study, teaching and mentoring, and
Bowdenv.Bowden2019 Contrary to petitioner's assertion, the Anti-Hazing Law is not a bill of specialtimeallowanceforloyalty.
attainder. A bill
of
attainder is
generally understood as a legislative
If the court finds the evidence insufficient to support a verdict of act which inflicts punishment on individuals or members of a
guilt, the
court shall grant the
demurrer and
the criminal case shall particular group without a judicial trial.
For
a law
to be considered a
be dismissed. Such dismissal is a resolution on the
merits and billofattainder,itmustbeshowntoc ontainallo fthefollowing: X.LAWONPUBLICOFFICERS
tantamount to an acquittal. Any further prosecution of the accused
after an acquittal is a violation of his constitutional right against 1. a specification of certain individuals or a group of A.Generalprinciples
double jeopardy. Accordingly, an order granting the demurrer to individuals,
evidence and acquitting the accused on the ground of insufficiency of 2. theimpositionofapunishment,penalorotherwise,and B.Modesofacquiringtitletopublicoffice
evidencecannotbethesubjectofanappeal. 3. thelackofjudicialtrial. C.Modesandkindsofappointment
The rule
barring
an
appeal
from
a judgment
of
acquittal
is,
however, Here, the mere filing of an Information against petitioner and her
notabsolute.Thefollowingaretherecognizede xceptionst hereto: fellow sorority members is not a finding of their
guilt
of
the
crime D.Eligibilityandqualificationrequirements
1. whentheprosecutionisdenieddueprocessoflaw;and charged. Contrary to her claim, petitioner is not being charged merely
E.Disabilitiesandinhibitionsofpublicofficers
2. when the trial court commits grave abuse of discretion because she is a member of the Tau Gamma Sigma Sorority, but
amounting to lack or excess
of
jurisdiction
in
dismissing a because she is allegedly a principal by direct participation in the F.Powersanddutiesofpublicofficers
criminal case by granting the accused's demurrer to hazing that
led
to
Abracia's death. As
stated, these are matters for the
evidence. trialcourttodecide. G.Rightsofpublicofficers
Misolasv.Panga H.Liabilitiesofpublicofficers
Mandaganv.JoseM.ValeroCorp2019
Essential to a bill of attainder are a specification of certain I.Immunityofpublicofficers
Judicial review in certiorari proceedings shall be confined to the
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J.Distinguish:defactoanddejureofficers E.O.
issued
by
the
President or
an
order
of
an
administrative agency A corporation is considered a GOCC only when the Government
suchastheCSCpursuanttoSection17,BookVofE.O.292. directly or indirectly owns or controls at least a majority or 51%
K.Terminationofofficialrelation
As to the issue regarding Sections 7 and 8, Article IX-B of the share of the capital stock. Consequently, RPN was neither a GOCC
L.Civilservice Constitution, we
hold
that
the
assailed
Orders of the DOTC Secretary because of the Government's total
share
in
RPN's capital stock being
do not violate the aforementioned constitutional provisions only32.4%.
M.Accountabilityofpublicofficers
considering that the organic personnel of the DOTC-CAR were, in
N.Termlimits effect, merely designated to perform the additional duties and Abejav.Tanada
functions of an LTFRB Regional Office subject to the direct "Public office is personal to the incumbent and is NOT a
supervision and control of LTFRB Central Office, pending the creation property which passes to his heirs" The heirs may no longer
A.Generalprinciples ofaregularRO. prosecute the
deceased protestee's
counterclaim for damages against
Section 1.
Art
XI.
Public
office a public
is trust. Public officers To designate a public
officer
to
another position may mean
to vest the protestant for that was extinguished when death terminated his
him with additional duties while he
performs the
functions of
his righttooccupythecontestedoffice.
and employees must, at all times, be accountable to the people,
permanent office. Or in some cases, a public officer may be
serve them with utmost responsibility, integrity, loyalty, and
designatedtoapositioninana ctingcapacity. DelaVictoriav.Comelec
efficiency;actwithpatriotismandjustice,andleadmodestlives.
Whether the heirs of the deceased protestee in an election protest
Sec 2(b) RA 3019. "Public officer" includes elective and NLTDRAv.CSC
may be considered as real party-in-interest even if the vice-mayor
appointive officials and employees, permanent or temporary,
The position which private
respondent Garcia would like
to
occupy has been allowed to intervene and the protestant had waived his
whether in the classified or unclassified or exempt service
anew was abolished pursuant to EO
No.
649,
a valid reorganization claimfordamagesandcostsintheproceedings.
receivingcompensation,evennominal,fromthegovernment.
measure. There is
no
vested property right
to
be re-employed in a NO. The late Mesina's claim to the contested office was not in any
reorganizedoffice.
Sec 3 (b) RA 6713. "Public Officials" includes elective and sense a transmissible right that
devolved upon her surviving spouse
appointive officials and employees, permanent or temporary, and her children after her death. Public office is personal to the
whether in
the
career
or
non-career
service, including military and Laurelv.Desierto incumbentandisnotapropertywhichpassestohisheirs.
police personnel, whether or not they receive compensation, Thecharacteristicso
fapublicoffice include Private respondents’ only interest in the outcome of the case is
regardlessofamount. limited to no more than their interest in defending her against the
1) thedelegationofsovereignfunctions,
protestant's claim for damages and costs. They may no longer
SecofDOTCv.Mabalot 2) itscreationbylawandnotbycontract,
prosecute her own counter-claim for
damages against the
protestant
A
public office may be created through any of the following modes, to 3) anoath, for
that
was extinguished when death terminated her
right to occupy
wit,either 4) salary, thecontestedofficeofmayorofAlbuera,Leyte.
1) bytheC
onstitution,
5) continuanceoftheposition,
Libananv.Sandiganbayan
2) byl aw,or
6) scopeofduties,and
3) bya
uthorityoflaw. The term "office" used in the law could apply to any office which the
7) thedesignationofthepositionasanoffice.
officer charged might currently be holding and not necessarily the
In the instant case, the creation and establishment of LTFRB-CAR
Unless
the
powers
conferred
are of this nature, the individual is not a particularofficeunderwhichhewascharged.
Regional Office was made pursuant to the third mode — by
publicofficer.
authority of law, which could be decreed for instance, through
an The suspension order cannot amount to a deprivation of
property without due process of law. Public
office "a public
is
Carandangv.Ombudsman2
011
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There is
no
power in
this
country
which can compel a man
agency or trust," and it is not the property envisioned by the The general rule is
that
appointments shall
take effect
immediately;
Constitutionalprovisionwhichpetitionerinvokes. and should the appointees already assume the duties of their toacceptanoffice.
positions, they shall be entitled to receive their salary at once.
TheGeneralManager,PPAv.Monserate Permanentv sT
emporaryAppointments
There is
no
need
to
wait for
the
approval of
the appointments by the
Whether or
not
there was due process when respondent was replaced CSC. The appointments shall be effective until disapproved by Appointmentinthecareerserviceshallbepermanentortemporary.
by petitioner Anino
from her
position
as
Manager II
and
demoted to theCSC. 1. Permanent status.
A permanent appointment
shall be
issued
AdministrativeOfficer. Nevertheless, the aforementioned general rules cannot be to
a person
who meets all
the
requirements
for
the position to
simply applied to the case at bar given its peculiar whichheisbeingappointed.
NO. In Aquino v. Civil Service Commission, this Court emphasized that
circumstances.S implystated,duringthependencyoftheappeal: 2. Temporary appointment. In the absence of appropriate
“once an appointment is issued and the moment the appointee
assumes a position in the civil service under a completed 1. The appointee has a right to payment of
salaries from eligibles and it
becomes necessary in
the public
interest to fill
appointment, he acquires a legal, not merely equitable, right (to
the the
government. — if the appointment was disapproved on a
vacancy, a temporary appointment shall be issued to a person
position) which is protected not only by statute, but also by the grounds which do not constitute a violation of civil who meets all
the requirements for
the position to which he is
constitution, and
cannot
be
taken away from him either by revocation service law, such as failure of the appointee to meet the being appointed except
the
appropriate civil
service
eligibility.
of the appointment, or by removal, except for cause, and with QualificationStandards(QS)prescribedfortheposition. Such temporary appointment shall not exceed 12 months,
previousnoticeandhearing.” but the appointee may be replaced sooner if a qualified civil
2. The appointing authority shall be personally liable
for
serviceeligiblebecomesavailable.
To be sure, her position as
Manager
II
never
became vacant since the salary of the appointee. — if the appointment was
her demotion was void. In this jurisdiction, "an
appointment to
a disapprovedforviolationofcivilservicelaw. Pangilinanv.Maglaya
non-vacantpositioninthecivilserviceisnullandvoida binitio.” Only
if
this
Court finally
rules
that petitioners' appointments did not
Pangilinan was only
an
acting appointee because he did not have the
While petitioner Anino’s appointment to the contested position is violate any
civil
service law,
is
petitioners'
right
to
payment
of their requisite qualifications; as such, he could not claim security of
void, he is nonetheless considered a de facto officer during the period salaries by the City Government of Dumaguete, during the given tenure. The fact that Pangilinan was qualified for his initial
ofhisincumbency. period,indisputablyestablished. appointment as
agent
in the
NBI does
not
mean
he
was qualified for
In the later case of Civil Liberties Union v. Executive Secretary, this allotherpositionshemightlateroccupyinthecivilservice.
Court allowed a de facto officer to receive emoluments for actual B.Modesofacquiringtitletopublicoffice
Where a person holds his position at the pleasure of a superior or
servicesrenderedb utonlywhenthereisnod ejureofficer. 1. Bye
lection;
subject
to some supervening event, his
separation from
office is not
In
fine,
the rule is
that where there is a de jure officer, a de facto 2. Bydirectprovisionoflaw; a removal. It is effected by the will of the superior or by the
officer, during his wrongful incumbency, is not entitled to the 3. Bya
ppointment. happening of the contingency, resulting in another and different mode
emoluments attached to
the office, even if he occupied the office ofterminatingofficialrelationsknownase xpirationoftheterm.
in
good faith. This rule,
however, cannot
be applied squarely on the C.Modesandkindsofappointment
Strictly speaking, the petitioner's temporary appointment as
presentcase.
The
appointment
to
a government
post
to
be
complete involves several Executive Director
of
the LTO should have ended twelve months after
Monserate is entitled only to backpay differentials for the period steps. he assumed office, or on July 16, 1988. From that date, his
starting from
her assumption as
Administrative Officer up to the time appointment had ceased to be valid even
if
a qualified
replacement
First,comesthenominationbythePresident.
of her actual reinstatement to her rightful position as Division wasnotyetavailableandconsequentlyhadtobediscontinued.
Manager. Second, to make that nomination valid and permanent, the
CommissiononAppointmentshastoconfirmsaidnomination.
ProvofCamarinesSurv.CA
Nazarenov.CityofDumaguete Third
and
last
is acceptance
the thereof by the appointee by his
assumptionofoffice.
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otherwise provided in this Constitution,
hold
any other office
WON Dato was a permanent employee of petitioner
at
the
time
he Subject to the provisions on nuisance candidates, a candidate for
or
employment during their tenure.
They shall not, during said
wassuspendedonMarch16,1976. senator needs only
to
meet
the qualifications
laid
down in
Sec
3 Art
tenure,directlyorindirectly,
NO. The fact that Dato obtained civil service eligibility later on is of VIoftheConstitution,towit:
a. practiceanyotherprofession,
no moment as his having passed the supervising security guard 1) citizenship,
examination, did not ipso facto convert his temporary b. participateinanybusiness,or
2) voterregistration,
appointment into a permanent one. In cases such as the
one
at c. be
financially interested in any contract with, or in any
3) literacy,
bench, what is required is a n ew appointment since a franchise, or special privilege granted by the
permanent appointment is
not
a continuation of the temporary 4) age,and Government.
appointment — these are two distinct acts of the appointing 5) residency. They shall strictly avoid conflict of interest
in
the
conduct
of
authority. theiroffice.(Sec13ArtVII)
Beyond these stated qualification requirements, candidates for
In Luego v.
Civil
Service Commission, the
Court
ruled that
CSC has senator need not possess any other qualification. The Congress 3. No Senator or Member of the House of Representatives
the power
to approve
or
disapprove
an
appointment set
before it. It cannot validly amend or otherwise modify these qualification may hold
any
other
office or employment in the Government,
doesnothavethepower standards, as it cannot disregard, evade, or weaken the force of a duringhistermwithoutforfeitinghisseat.(Sec13ArtVI)
1. tom
aketheappointmentitselfor constitutionalmandate,oralterorenlargetheConstitution.
4. No Senator or Member of the House of Representatives
2. to direct the appointing authority to change the may personally appear as counsel before any court of justice or
Maquerav.Borra
employmentstatusofanemployee. before the Electoral Tribunals, or quasi-judicial and other
The CSC can only
inquire into the eligibility
of
the person chosen The
right
to
vote
and
to
be
voted for shall not be dependent upon the administrativebodies.
to fill
a position and if
it
finds the person qualified it must so attest. wealth of the individual concerned, whereas social justice Neither shall
he,
directly or indirectly, be interested financially
If not,
the appointment must be disapproved. The duty of
the
CSC
is presupposes equal opportunity for all,
rich
and
poor
alike,
and
that, in any contract with, or in any franchise or special privilege
toa ttesta ppointments. accordingly, no person shall, by reason of poverty, be denied the grantedbytheGovernment,duringhistermofoffice.
chancetobeelectedtopublicoffice.
Dato,
being
merely a temporary employee, is not entitled to the He shall not intervene in any matter before any office of the
relief
he
seeks,
including his claim for backwages for the entire Government for his pecuniary benefit or where he may be
Frivaldov.Comelec
periodofhissuspension. calledupontoactonaccountofhisoffice.(S ec14ArtVI)
Literally, such qualifications — unless otherwise expressly 5. No member of a Constitutional Commission, the
Sevillav.Santos conditioned, as in the case of age and residence — should thus
be Ombudsman and his
deputies,
shall, during his tenure, hold
possessed when the "elective [or elected] official"
begins
to
govern, anyotherofficeoremployment.
May
an officer who was appointed to an office in an "acting" capacity,
i.e.,atthetimeheisproclaimedandatthestartofhisterm.
bring
a quo
warranto action
against the permanent appointee to the Neither shall he
engage
in the
practice of
any
profession or
in
position? the active management or control of any business which, in any
E.Disabilitiesandinhibitionsofpublicofficers
way, may
be
affected
by
the functions of his office, nor shall he
NO. An "acting" appointment is merely temporary, one which is good ConstitutionalInhibitions be financially interested, directly or
indirectly, in
any
contract
onlyuntilanotherappointmentismadetotakeitsplace. with, or in any franchise or privilege granted by the
1. The President and VP shall not receive during their tenure
any other emolument from the Government or any other Government.(S ec2ArtIX-A,Sec8ArtXI)
D.Eligibilityandqualificationrequirements
source.(Sec6ArtVII) 6. No officer or employee in the civil service shall engage,
SocialJusticeSocietyv.PDEA
2. The President, Vice-President, the Members of the directly or
indirectly,
in any electioneering or partisan political
Cabinet, and their deputies or
assistants
shall
not,
unless campaign.(Sec2[4]ArtIX-B)
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Partisan political activity means active support for or 2. No Senator or Member of the House of Representatives In
no case shall any official hold more than two positions other
affiliation
with the
cause of
a political party or candidate. This may be appointed to any office which may have been created or thanhisprimaryposition.(Sec49BookIVEO292)
generally includes becoming actively identified with the the
emoluments thereof increased during the term for which he 3. Disqualification of judges. — No judge or judicial officer
success or
failure
of
any
candidate or
candidate for
election to waselected.(S ec13ArtVI) shallsitinanycase
publicoffice. 3. The Members of the Supreme Court and of other courts a. in which he, or his wife or child, is pecuniarily
7. No elective official shall be eligible for appointment or established by law shall not be designated to any agency interestedasheir,legatee,creditororotherwise,or
designation in any capacity to any public office or position performing quasi-judicial or administrative function. (Sec 12
b. in which he is related to either party within the
duringhistenure. ArtVIII)
sixthdegreeofconsanguinityoraffinity,or
Unless otherwise allowed by law or
by
the
primary functions 4. Appointees to the Constitutional Commissions must not
have
c. to counsel within the fourth degree, computed
of his position, no appointive official shall hold any other been candidates for any elective position in the elections
officeoremploymentintheGovernment.(S ec7ArtIX-B) immediatelyprecedingtheirappointment.(S ec1[1]ArtIX-B) accordingtotherulesofthecivillaw,or
8. No elective or appointive public officer or
employee shall 5. The Ombudsman and his
Deputies shall not be qualified to run d. in which he has been executor, administrator, guardian,
receive additional, double, or indirect compensation, unless for any office in the election immediately succeeding their trusteeorcounsel,or
specifically authorized by
law, nor
accept without the consent cessationfromoffice.(S ec11ArtXI) e. in which he has been presided in any inferior court
of
the
Congress, any
present, emolument, office,
or
title
of any 6. No candidate who has lost in any election, shall within one whenhisrulingordecisionisthesubjectofreview,
kindfromanyforeigngovernment. year after such election, be appointed to any office in the without
the
written
consent
of
all
parties
in interest, signed by
Pensions or gratuities shall not be considered as additional, Government or
any
GOCCs or
in any
of
their subsidiaries. (Sec themandenteredupontherecord.(S ec1R137)
double,orindirectcompensation.(S ec8ArtIX-B) 6ArtIX-B) 4. Certain attorneys not to
practice. — No judge or
other
official
No loan, guaranty, or other form of financial accommodation OtherInhibitions
9. or
employee of
the superior courts or
of
the
OSG, shall engage
for any business purpose may be granted, directly or indirectly, in
private
practice as
a member of the
bar or give professional
1. Inhibition Against Purchase of Property at Tax Sale. — No
by any government-owned or controlled bank or financial advicetoclients.(S ec35R138)
officer or e mployee of
the government shall
purchase directly
institution to the President, the Vice-President, the 5. Inhibitions Against Commissioners. — The Chairman and the
or indirectly any property sold by the government for the
Members of the Cabinet, the Congress, the Supreme Court, Members of the CHR shall not, during their tenure, hold any
non-payment o f any tax, fee or other public charge.
Any such
and the Constitutional Commissions, the Ombudsman, or otherofficeoremployment.(S ec3TitleII-ABookVEO292)
purchase by
an officer or employee shall be void. (Sec 36 Book
to any firm or entity in which they have controlling interest,
IEO292) 6. Prohibited Business and Pecuniary Interest. — It shall be
duringtheirtenure.(S ec16ArtXI)
2. Inhibitions Against Holding More than
Two Positions. — Even unlawful for any local government official or employee,
ConstitutionalDisqualifications directlyorindirectly,to:
if
allowed by
law or by the primary functions of his position, a
1. The spouse and relatives by consanguinity or affinity within member of the Cabinet, undersecretary, assistant a. Engage in any business transaction with the LGU in
the fourth
civil degree of
the
President shall
not,
during
his secretary or other appointive official of the Executive whichheisanofficialoremployee;
tenure,beappointedas Department may, in addition to his primary position, hold not
b. Hold such interests in any cockpit or other games
a. MembersoftheConstitutionalCommissions,or more than two positions in the government and GOCCs and
licensedbyanLGU;
receivethecorrespondingcompensationtherefor.
b. theOfficeoftheOmbudsman,or c. Purchase any real
estate or
other property forfeited in
This limitation shall not apply to ad hoc bodies or committees,
c. asSecretaries,Undersecretaries, favor of such LGU for unpaid taxes or
assessment, or
or to boards, councils or bodies of
which
the President is
the
by
virtue of
a legal
process at
the instance of
the
said
d. chairmen or heads of bureaus or offices, including Chairman.
LGU;
GOCCsandtheirsubsidiaries.(S ec13ArtVII)
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d. Be a surety for any person contracting or doing 2. Alter ego principle. Under the doctrine of qualified obligation but in appreciation for services rendered, a voluntary
business with
the
LGU for
which a surety
is
required; political agency, which recognizes the establishment of a donation in consideration of services which admit of no
and single
executive, all
executive and administrative organizations compensation in money. The additional compensation given to the
e. Possess or use any public property of the LGU for areadjunctsoftheExecutiveDepartment. petitioner was in the nature of a salary because it was received by him
as a matter of right in recompense for services rendered by him as
privatepurposes.(S ec89LGC) 3. This doctrine is corollary to the control power of the
Acting Assistant General Manager for Finance and Administration. For
7. PracticeofProfession.—
President.
the additional services he rendered for the MIAA, he
was
entitled to
a. All governors, city and municipal mayors are 4. Discretionary Function. Ordinarily, mandamus will not additional compensation which should be included in his highest
prohibited from practicing their profession or prosper to compel a discretionary act. But where there is basicsalaryrate.
engaging in
any
occupation other
than
the
exercise of "gross abuse of discretion, manifest injustice or palpable
theirfunctionsaslocalchiefexecutives. excess of authority" equivalent to denial of a settled right to H.Liabilitiesofpublicofficers
which petitioner is
entitled,
and
there is no other plain, speedy
b. Sanggunian members may practice their Doingofanactwhichapublicofficershouldnot
andadequateremedy,thewritshallissue. Malfeasance
professions, engage in any occupation, or teach in havedone.
schoolse xceptduringsessionhours. 5. Ministerial Function. A mechanical act that must be
Improperdoingofanactwhichapersonmight
performed in any case, and if it is not, may be ordered Misfeasance
c. Doctors of medicine may practice their profession lawfullydo.
performedbyacourtofjustice.
even during official
hours
of
work
only on
occasions
Failureofanagenttoperformhisundertakingfor
ofemergency. G.Rightsofpublicofficers Nonfeasance
theprincipal.
Provided that the officials concerned do not derive 1. Right to Office. If the appointment only stated the position and
1. A public officer shall not
be
civilly
liable
for
acts
done
in
the
monetarycompensationtherefrom.(S ec90LGC) not a particular station, then the officer may validly be
performance of his official duties, unless there is a clear
8. Civil servants shall not strike against the Government as a reassigned or transferred to any station without violating the
showingofbadfaith,maliceorgrossnegligence.
means of securing changes in the terms and conditions of righttosecurityoftenure.
2. Any public
officer who,
without just cause, neglects to perform
employment. (Sec
4 R3
RR to
Govern
the
Exercise of
the Right 2. Preference in Promotion. There is no mandatory nor
a duty within a period fixed by
law or
regulation, or
within
a
ofGovernmentEmployeestoSelf-Organization) peremptory requirement that persons next-in-rank are
entitled
reasonable period if none is
fixed,
shall be
liable
for
damages
9. There are prohibited acts and transactions as well under to preference in appointment. What is provided is that they
totheprivatepartyconcerned.
Section7ofRANo6713. would be among the first to be considered for the vacancy if
qualified, and if the vacancy is not filled by promotion, the 3. A
head of
a department or a superior officer shall not be civilly
F.Powersanddutiesofpublicofficers sameshallbefilledbytransferorothermodesofappointment. liable for the wrongful acts, omissions of
duty,
negligence, or
misfeasance of his subordinates, unless he has actually
SourceofPower 3. Leave of Absence. 15 days VL of absence and 15 days of SL for
authorized by written order the specific act or misconduct
Section 1. Art II. The Philippines
is
a democratic
and
republican each year of service with full pay, exclusive of Saturdays,
complainedof.
State. Sovereignty resides in the people and all government Sundaysandholidays.
4. No subordinate officer or employee shall be civilly liable
for
authorityemanatesfromthem. 4. RetirementPay.
acts done
by him in good faith in the performance of his duties.
Notes However, he shall be liable for willful or negligent acts done by
Santiagov.COA
1. The express
grant
of
power
carries with
it the grant of all other him which
are
contrary to
law, morals, public policy and good
WON the additional compensation
Santiago
received
in
his
capacity customs even if he acted under orders or instructions of his
powers necessary, proper, or incidental to the effective and
asMIAAAGMredoundstothecomputationofhisretirementpay. superiors.
efficientexerciseoftheexpresslygrantedpower.
YES. An honorarium is defined as something given not as a matter of
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5. A public officer commits an
offense in relation
to
his
office
if Gentallan by her superior officers. Thus, they cannot be held Petitioners cannot hide behind our declaration in Arias v.
he perpetrates the offense while performing, though in an personally accountable for her back salaries. The municipal Sandiganbayan. The Court explained in that case that conspiracy
improper or irregular manner, his official functions and government, therefore, should disburse funds to answer for her was not adequately proven, contrary to the case at bar in which
he cannot commit the offense without holding his public claimsresultingfromdismissal. petitioners’ unity of purpose and unity in the execution of
an
office. In such a case, there is an i ntimate connection unlawfulobjectiveweresufficientlyestablished.
betweentheoffenseandtheofficeoftheaccused. LiabilityofSuperiorOfficersforActsofSubordinates
Also, unlike in Arias, where there were no
reasons for
the
heads of
Preventivesuspensionandbacksalaries Ariasv.Sandiganbayan offices to further examine each voucher in detail, petitioners
We would be setting a bad
precedent if
a head
of
office
is suddenly herein, by
virtue of
the duty given
to
them by law as well as by
RighttoCompensation.
swept into a conspiracy conviction simply because he did not rules and regulations, had the responsibility to examine each
GR: Nowork,nopay; voucher to ascertain whether it was proper to sign it in order to
personally examine every single detail, painstakingly trace every step
EXC: he
T Court
crafted
two
conditions
before
an
employee may from inception,
and investigate the motives of every person involved approveanddisbursethecashadvance.
beentitledtobacksalaries: in a transaction before affixing his signature as the final approving
1. the employee must be found innocent of the authority. Mirallesv.COA2017EnBanc
chargesa nd All heads of offices have to rely to a reasonable extent on their The petitioner should have instead been
presumed to have
acted in
2. hissuspensionmustbeu
njustified. subordinates and on the good faith of those who prepare bids, the regular performance of
his
official duty because no evidence had
purchasesupplies,orenterintonegotiations. been presented to
show his
having acted
in
bad
faith and with
gross
NB: strict
A observance of the second condition for an award
negligence. We
should remind the COA that it could not justly execute
of back salaries becomes important only if the
its constitutional function of disallowing expenditures unless it
employee is
not innocent of any administrative Alfonsov.OfficeofthePresident2
totally 007
accurately but fairly identified the persons liable for the
infraction. Petitioner's foreknowledge of facts and circumstances that disallowances.
There are two kinds of preventive suspension of civil service suggested an irregularity constituted added reason for her to
In our view, the petitioner's invocation of
the
Arias
doctrine
in
his
employees who are charged with offenses punishable by
removal exercise
a greater degree
of
circumspection before
signing and
issuingthetitles. favorwasappropriate.
orsuspension:
1) Preventivesuspensionp
endinginvestigationand
FieldInvestigationOfficev.Piano2017
Exceptioni nC
esav.Ombudsman2
008EnBanc
2) preventivesuspensionpendingappeal;
Arias finds no application in this case since respondent signed
compensation is due only
for
the
period
of
preventive
suspension By
failing
to
prevent the
irregularity
that
Cesa
had
reason to
suspect
Resolution No. IAC-09-045 not as a head of the agency but as
pending appeal should the employee be ultimately exonerated. (CSC all
along
or
to
take
immediate steps
to
rectify,
Cesa had tolerated the
Chairman of the IAC which has the
duty to inspect delivered items to
v.RichardCruz2
011EnBanc) sameandallowedittowreakhavoconthecoffersofthecity.
be conforming to the
NAPOLCOM approved technical
specifications,
Illegaldismissal,reinstatement,andbacksalaries and rejects the same if it is shown otherwise. Moreover, even the
Santillanov.People2010
application of Arias may be barred in certain cases in view of
MuniofJasaanv.Gentallan
The doctrine in Arias v. Sandiganbayan could not be used by Ecleo, exceptional circumstances which should have prodded a person to
An illegally dismissed government employee who is later ordered Jr. to escape liability, as the documents he had to approve were not so exerciseahigherdegreeofcircumspection.
reinstated is
entitled
to
backwages and other monetary benefits from voluminoussoastoprecludehimfromstudyingeachonecarefully. The WTCD Report already showed that the LPOHs did not fully
thetimeofherillegaldismissaluptoherreinstatement. conform to the NAPOLCOM standard
specifications. Yet,
respondent
In the instant
case,
we
note
that
there
is
no
finding
that malice or Bacasmasv.Sandiganbayan2013 still issued
the
Resolution,
concealing
the
truth by
stating that
the
2
bad faith attended the illegal dismissal and refusal to reinstate LPOHsconformedtoallthespecificationsandacceptedthem.
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Castillo-Cov.Sandiganbayan2018 The private life of
an
employee cannot be
segregated from his DeLimav.Duterte2019EnBanc
public life. Dishonesty inevitably reflects on the fitness of the officer
When a local legislative board gives the local chief executive May the incumbent Chief Executive be haled to court even for the
or employee to continue in office and the discipline and morale of the
authority to perform a certain act or enter into a specific limitedpurposeundertheRulesontheWritofHabeasData?
service.
transaction, the latter ought to strictly abide by the express
terms of such authority. Any deviation therefrom, to the NO. The concept of presidential immunity under our
governmental
detriment of
the
LGU,
constitutes an
offense punishable under
I.Immunityofpublicofficers and constitutional system does not distinguish whether or not the
RA3019forwhichtheLCEmustbeheldaccountable. Doctrine of Official Immunity. Mistakes concededly committed suit pertains to an official act of the President. Neither does
by
public officers are
not
actionable absent
any
clear showing that immunityhingeonthenatureofthesuit.
In this case, the Court finds that Resolution No. 120 should have
they were motivated by malice or gross negligence amounting to Accordingly, the concept is clear and allows no qualifications or
prompted Gov. Co to be more circumspect in transacting with
bad faith. Even under the law of public officers, their acts are restrictions that the President cannot be sued while holding
Nakajima Trading. To
reiterate, the
resolution
clearly directed
her
to
protectedbythepresumptionofgoodfaith.” suchoffice.
procure brand new heavy equipment. However, she contracted with
Nakajima Trading for reconditioned equipment and effected the As a rule, a public officer, whether judicial, quasi-judicial or
consequent expenditure of public funds thereon. All this, to the executive, is
not personally liable
to
one injured in consequence of J.Distinguishd
efactoandd
ejureofficers
prejudiceoftheProvinceofQuirino. an act performed within the scope of his official
authority,
and
in 1) De jure — One
who
has
lawful
title
to
the
office
but
has
not
been
lineofhisofficialduty. abletotakepossessionofitorhasbeenoustedtherefrom.
The subordinates contemplated by the Arias doctrine are those
public officers
and
employees who are
actually under
the control Farolanv.SolmacMarketing 2) De facto — One who derives his appointment from one having
or supervision of the head of office concerned, or those who colorable authority to
appoint, if
the
office
is
an
appointive
office,
answer directly or indirectly to their superiors, who are in the Whatever damage they may
have caused as
a result
of
such an andwhoseappointmentisvalidonitsface.
employ of the same government agency. Atty. Marcos admitted erroneous interpretation, if any at all, is in the nature of a
Allofthefollowinge
lementsmustconcur:
that he
was
merely consulted
by Gov. Co in his capacity as a private damnum absque injuria. Mistakes concededly committed by
lawyer. public officers are
not actionable absent any
clear showing that they a. theremustbeadejureoffice;
were
motivated by malice or gross negligence amounting to bad faith. b. there must be color of right or general acquiescence by
After all, "even under the law of public officers, the acts of the thepublic;and
LiabilityforActsCommittedOutsideofDuty
petitionersareprotectedbythepresumptionofgoodfaith.”
Remolonav.CSC c. there
must
be actual
physical
possession
of the office in
goodfaith.
Whether a civil service employee can be dismissed from the Lansangv.CA
government service for an offense which is not work-related or which The doctrine of state immunity from suit applies to complaints Distinctionbetweendejureanddefactoofficers
isnotconnectedwiththeperformanceofhisofficialduty. filed against public officials for
acts done in the performance of their Dejure Defacto
The rule is that dishonesty, in order to warrant duties. The
rule does not apply where the
public official is charged
dismissal, need not be committed in the course of the in
his official
capacity for
acts
that
are
unlawful and injurious to the Onewhohaslawfultitletothe Onewhoactuallypossessesthe
rights of others. Public officials are not exempt, in their personal officebuthasnotbeenableto officealthoughhehasan
performance of
duty
by
the
person
charged. The rationale
capacity,fromliabilityarisingfromactscommittedinbadfaith. takepossessionofitorhasbeen imperfectoronlycolorabletitle
for the rule is that if a government officer or employee is dishonest or oustedtherefrom thereto.
is guilty of oppression or grave misconduct, even if
said
defects
of Neither does it apply where the
public official
is
clearly being
sued
character are not connected with his office, they affect his right
to not in his official capacity but in his personal capacity, although Hastitle Onlyhascoloroftitle
continueinoffice. the
acts complained of
may
have been committed while he occupied
apublicposition. Adefactomaygrowintoade Ausurpermaygrowintoade
jure. factoiftheassumptionis
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government officer or employee pursuant to a Resignation does not preclude the finding of administrative
acquiescedin
reorganization: liability if the case was filed prior to
resignation. However,
if
Validlyappointed Notvalidlyappointed a. Where there
is
a significant
increase
in
the number of the
official has resigned without an administrative case having
positions in the new staffing pattern of the been filed, no
administrative case may be
filed thereafter.
The
EntitlementtosalaryinS
ampayanv.Daza departmentoragencyconcerned; only recourse is to file
civil or
criminal cases. (Ombudsman v.
As a de
facto public officer, respondent cannot be made to reimburse b. Where an office is abolished and other performing Andutan,Jr2 011)
funds disbursed during his term of office because his acts are as valid substantiallythesamefunctionsiscreated; 8. Recall
as those of a de jure officer. Moreover, as a de facto officer, he
is c. Where incumbents are replaced by those less qualified 9. Prescription. In
view
of
the
policy
of
the
State
contained
in
entitledtoemolumentsforactualservicesrendered.
in terms of status of appointment, performance and the
law
fixing
the
period
of
one
year
within
which actions for
merit; quowarrantomaybeinstituted.
K.Terminationofofficialrelation
d. Where there is a reclassification of offices in the 10. Failure
to
Assume
Office. The office of any official elected
1. End of term. — Officials and employees holding
primarily
department or agency concerned and
the
reclassified who fails or refuses to take his oath of office within six
confidential positions continue only for so long as confidence
offices
perform substantially the
same function as the monthsfromhisproclamationshallbeconsideredvacant.
in them endures. The termination of
their
official relation
can
originaloffices;
be justified
on the ground of loss of confidence because in that L.CivilService
case their cessation from office involves no removal but e. Where the removal violates the order of separation
merelythee xpirationo fthetermofoffice. provided in Section 3 hereof. (Cotiangco v. Prov of Scope
Biliran2
011EnBanc) Sec 2 Art IX-B. The civil service embraces all branches,
2. Retirement. The compulsory retirement of government
officials and employees is upon their reaching the age of 65 5. Abandonment. When a judge of first instance, presiding subdivisions, instrumentalities, and agencies of the Government,
years. over a branch of
a CFI
of
a judicial district by
virtue of
a legal includingGOCCsw ithoriginalcharters.
and
valid appointment, accepts another appointment to preside
3. Abolition
of
Office. In order to be valid, the abolition must Khanv.Ombudsman
over the same branch of the same CFI, in addition to another
be made in good faith. Where the abolition is made in bad court of the same category, both of which belong to a new The Office of the Ombudsman exercises jurisdiction over public
faith, for political or personal reasons, or in order to judicial district formed by the addition of another CFI to the old officials and employees of
GOCCs with
original charters. This
being
circumvent the
constitutional security of tenure of civil service one,
enters into
the discharge of the functions of his new office so, it can only investigate and prosecute acts or omissions of the
employees, it is null and void. There is an invalid "abolition" as
and receives the corresponding salary, a
he bandons his old officialsandemployeesofgovernmentcorporations.
where there is merely a change of nomenclature of positions, or
officeandcannotclaimtobeentitledtorepossessit. Therefore, although the government later
on
acquired the controlling
where claims of economy are belied by the existence of
amplefunds. 6. Incompatible
Office. Exists where there is a conflict in the interest in PAL, the fact remains that the latter did not have an
duties of the offices, so that the performance of the duties of the "original charter" and its officers and employees could not be
To consider an office abolished there must have been an
one interferes with the performance of
the
duties of
the
other, investigatedorprosecutedbytheOmbudsman.
intentiontodoawaywithitwhollyandpermanently.
or whenever one is subordinate to the other in some of its
4. Reorganization. As a general rule, a reorganization is important and principal duties, and subject in
some degree to Appointmentstothecivilservice
carried out
in
"good
faith"
if
it
is
for
the
purpose of economy its revisory power. One person cannot and should not hold Shallbemadeo nly
ortomakebureaucracymoreefficient. bothoffices,iftheyareincompatible,atthesametime.
a) according to merit
and
fitness to be determined, as far as
Section
2 of
RA
6656
cites instances that may be considered as 7. Resignation, Removal. Not a bar to a finding of practicable,and
evidence of bad faith in the removal from office of a administrativeliability.(O Pv.Cataquiz2
011) b) by competitive examination, except to
positions
which
are
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1) policy-determining, possess the qualifications required by
law. If
he
does,
then
the
For LGUs, the appointment of an assessor is mandatory. In
2) primarilyconfidential,or appointment cannot be faulted on the ground that there are
promotions, the appointing authority must automatically
others better qualified
who should have been preferred. This is
3) highlytechnical. a
political question involving considerations of
wisdom which only consider the employees next in rank as candidates for
theappointingauthoritycandecide. appointment.
Careerv
sN
on-careerService
The next-in-rank rule is a rule of preference on who to
1. Entrance
in career
the service
is based on merit and fitness Lopezv.CSC consider for
promotion. The rule
does not
give employees next in
to be determined as far as practicable by competitive rank
a vested right
to
the
position next
higher to
theirs
should that
The Commission’s power does not extend to considerations other
examination,orbasedonhighlytechnicalqualifications. positionbecomevacant.
than those enumerated in the law such as the belief that there are
2. On the other hand, entrance in the non-career service is others more qualified. The law limits the Commission’s authority To successfully protest the issuance of an appointment, the
based on criteria other than the "usual tests of merit and only to whether or not the appointees possess the legal employee next in rank must prove his or her status as a
fitness. qualifications and the appropriate civil service eligibility, qualified next-in-rank; otherwise, the protest shall be
nothingelse. dismissed.
Positionsinthec areerservicearefurthergroupedintothree(3)levels.
The Court emphasizes that the Commission has no authority to Petitioner further contends that respondent was appointed in
1. The first level includes positions
requiring
less
than
four
(4)
substitute its judgment for that of the Philippine Ports violation of three-salary-grade
the rule found in Item 15 of CSC
yearsofcollegiatestudies.
Authority when
it
comes
to evaluating the performance, personality, MC No. 3, Series of 2001. It states that an employee may be
2. The second level includes positions with duties requiring at and accomplishments of candidates who all have the necessary promoted or transferred to a position which is not more than
least four (4) years of college work up to the Division Chief eligibilityandlegalqualifications. three (3) salary, pay or
job grades higher than the employee's
level. presentposition.
3. The third level
includes
positions
in Career
the Executive Santiagov.CSC a meritorious
Any or all of the following would constitute case
Service. Whetherthenext-in-rankruleismandatory. exemptedf romthe3-salarygradelimitationonpromotion:
NO. There is
"no
mandatory nor
peremptory requirement in
the Civil 1. The
position
occupied
by
the
person
is
next-in-rank to the
Luegov.CSC
Service Law that persons next-in-rank are entitled to preference in vacantposition;
Is
the Civil Service Commission authorized to disapprove a permanent
appointment. What it
does
provide is
that
they would be
among the 2. Thepositionisalone,orentrancep
osition;
appointment on the ground that another person is better qualified
first to be considered for the vacancy, if qualified, and if the vacancy is 3. The position belongs to the dearth category, such as
than the appointee and, on the basis of this finding, order his
not filled by promotion, the
same shall be
filled by
transfer or
other
replacementbythelatter? MedicalOfficer/SpecialistandAttorneyp ositions;
modesofappointment."
4. The position
is
unique
and/or
highly
specialized
such
as
NO. The CSC is
not
empowered to
determine the
kind of nature of the
appointment extended by the appointing officer, its authority being ActuarialpositionsandAirwaysCommunicator;
Abadv.DelaCruz2015Leonen,J
limited to approving or
reviewing the
appointment in
the light
of
the 5. The candidates passed through a deep selection
process,
requirements of the Civil Service Law. When the appointee is The appointing authority in LGUs is the local chief executive who taking into consideration the candidates' superior
qualified and all the other legal requirements are satisfied, the must assess the merits of the Personnel Selection Board's qualificationsinregardto:
Commissionhasnochoicebuttoa ttestt otheappointment. recommendation. If
heads
of
offices
or
departments in an LGU are
a. Educationalachievements;
appointed, majority of the members of the sanggunian concerned
Appointment is
an
essentially discretionary power and must be b. Highlyspecializedtrainings;
must concur in the appointment. Finally, the appointment must be
performed by the officer in which it is vested according to
his
submitted to the CSC for attestation within 30 days from the c. Relevantworkexperience;
best lights, the only
condition being that the appointee should
appointment'sissuancedate.
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imposition of additional duties, usually by law, upon a
d. Consistenthighperformancerating/ranking;and person already in the public service by virtue of an earlier Yangsonv.DepEd2
019Leonen,J
6. Thevacantpositionbelongstothec losedcareersystem. appointment. Reassignments differ from transfers, and public employees
CSC found that respondent's appointment fell under the fifth 2. Designation does not entail payment of additional benefits with appointments that are not station-specific may be
exception. Out
of
nine
(9) candidates,
respondent ranked
first with a or grant upon the person so designated the right
to
claim
the reassignedtoanotherstationintheexigencyofpublicservice.
grade of 90.67 out of 100. Respondent's case, therefore, is a "very salaryattachedtotheposition.
meritoriouscase." An appointment is
station-specific if
the
employee's appointment
3. When completed, usually with its confirmation, the
paper specifically indicates on
its
face the particular office or station
appointment results in security of tenure for the person the position is located. Moreover, the station should already be
Estrelladov.David2016EnBanc chosen unless he is replaceable at pleasure because of the specified in the position title,
even if
the place
of
assignment is
not
The next-in-rank status of a government employee is not a natureofhisoffice. indicated on the face of the appointment. Here, petitioner's
guarantee to one's fitness to the position aspired for, and the 4. On
the
other a reassignment is merely a movement of
hand, appointment is not solely for Surigao National or for any specific
applicant must go through the rigors of a screening and selection an employee from one organizational unit to another in the school.
process as determined and conducted by a department or agency, same department or agency which does not involve a reduction Petitioner's movement was a reassignment, not a transfer. It
did
subject
only to
the
standards and guidelines set by the CSC. This is in in
rank,
status or salary and does not require the issuance of an not
violate her
right
to security of tenure. While she is entitled to her
keeping with the ideal of promoting through merit rather than appointment. right to security of tenure, she cannot assert her right to stay at
entitlement, and thus ensuring that
government service is
rewarded Surigao National. Her appointment papers are not specific to the
5. legal concept of transfer differs from reassignment. Most
The
withthebestfit. school, which means she may
be
assigned to
any
station as
may be
notably, a transfer involves the issuance of another
appointment, while a reassignment does not.
A transfer
is
a necessary for public exigency. Because she holds
no vested
right to
DiscretionofAppointingAuthority
remain as Principal III of Surigao National, her security of tenure was
movement from one
position to
another which is of equivalent
Lapinidv.CSC rank, level, or salary without break in service involving the notviolated.
Whether or not the CSC can override the permanent appointment issuanceofanappointment. When an employee's appointment is station-specific, his or her
madebythePPAonthegroundthatsomeoneelseisbetterqualified. 6. Promotion is the advancement of an employee from one reassignment may not exceed a maximum period of one (1) year.
This is not the case for appointments that are not station-specific. In
position to another with an increase in duties and
NO. The CSC has no power of appointment except over its own such instances, the reassignment may be indefinite and exceed
one
responsibilities as authorized by law, and usually accompanied
personnel. Neither does it have the authority to review the (1)year—asinpetitioner'scase.
byanincreaseinsalary.
appointments made by other offices except only to ascertain if the
appointee possesses the required qualifications. The determination Oseav.Malaya M.AccountabilityofPublicOfficers
of who among aspirants with the minimum statutory qualifications
The designation of
respondent as Schools Division Superintendent of
Typesofaccountability
should be preferred belongs to the appointing authority and not
the
CSC. It cannot disallow an appointment because it
believes another Camarines Sur was not a case of appointment. Her designation SanLuisv.CA
person is
better
qualified and much less can it direct the appointment partook of the nature a r
of eassignment from Iriga City, where
It
is
well-settled that
when a public officer goes
beyond the scope of
ofitsownchoice. she previously exercised her functions as OIC-Schools Division
his duty, particularly when acting tortiously, he is not entitled to
Superintendent, to
Camarines Sur. Clearly, therefore, the requirement
Personnelactions protection on account of
his
office, but
is
liable
for
his
acts
like
any
in
Section 99
of
the LGC of
1991 of
prior
consultation with the local
privateindividual.
1. While an appointment is the selection by the proper school board, does not
apply. It only refers
to
appointments made
authority of an individual who is to exercise the powers and byDECS.
ThreefoldLiabilityRuleinD
omingov.Rayala
functions of a given designation
office, merely connotes an
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agencies of the government. However, the
Ombudsman, in
the 12. Appeals in administrative disciplinary cases from the
Basic in the law of public officers is the three-fold liability rule,
exercise of
its
primary
jurisdiction
over cases
cognizable by Ombudsman should be filed with the
Court
of
Appeals
via
a
which states that the wrongful acts
or
omissions of
a public
officer
the Sandiganbayan, may take over, at any stage, from any verifiedPetitionforReviewunderR ule43.
may give rise to civil, criminal and administrative liability. An
investigating agency of the government, the investigation of
action for each can proceed independently of the others. This rule
suchcases. Real-party-interestinAdministrativeAppeals
applieswithfullforcetosexualharassment.
6. Power to Investigate Cases of
Ill-gotten Wealth. The
PCGG, Ombudsmanv.Gutierrez2017
Ombudsmanv.Regalado2018Leonen,J with the
assistance of
the Solicitor General, is the agency of the
Samaniego remains to
be
the prevailing doctrine. The
Ombudsman
government empowered to bring these proceedings for
Section 11(b) of RA No. 6713 explicitly states that
dismissal from has
legal
interest
in
appeals from its
rulings in administrative cases.
forfeiture of property
allegedly acquired unlawfully before the
the service may be warranted through an administrative Petitioner could not then be faulted for filing its Omnibus Motion
EDSA Revolution. The power to investigate cases of
proceeding, even if the erring officer is not subjected to criminal beforetheappellatecourt.
ill-gotten or unexplained wealth acquired after that
date
prosecution. This is in keeping with the three (3)-fold liability rule in isnowvestedintheO mbudsman.
thelawonpublicofficers. Ombudsmanv.Bongais2018
7. Ombudsman for the Military. Has jurisdiction over cases
TheOmbudsmanandtheOfficeoftheSpecialProsecutor involvingPoliceofficers. In the face of the clarification
made
in
Gutierrez, it
should now be
8. Preventive Suspension. Preventive suspension under Sec 13 considered as settled doctrine that the Ombudsman has legal
1. The power of
the Ombudsman to investigate and prosecute any
RA 3019 as amended shall be limited to a maximum period of standing to intervene in appeals from its rulings in administrative
illegal
act
or
omission of
any public official is not an exclusive
ninety(90)days,fromissuancesthereof. cases, provided, that the
Ombudsman moves for
intervention before
authority but a shared or concurrent authority in
respect
of
rendition of
judgment, pursuant to Rule 19 of the Rules Court, lest its
theoffensecharged. Preventive suspension pursuant to
§24 of
the Ombudsman Act
motionbedeniedastheCourtdidinSison,Magno,andLiggayu.
2. It
has
the
power to
impose the penalty of removal, suspension, expressly provides that "the preventive suspension shall
continue until the
case
is
terminated by the Office
of
the The status of
the Ombudsman as a party adversely affected by – and
demotion, fine, censure, or prosecution of a public officer or
Ombudsman but not more than six months, without pay." therefore with the legal
standing to assail – the CA Decision did not
employee found to be at fault, in the exercise of its
Their preventive
suspension for
six
(6)
months without pay is automatically warrant the grant of its
motion to
intervene. Since the
administrativedisciplinaryauthority.
thusaccordingtolaw. Court does not find any of the excepting circumstances obtained in
3. Power to Investigate Administrative Charges. The this case, the general rule provided under Section 2 of Rule 19, as
9. Preventive suspension is
merely a preventive measure, a
Philippine Ombudsman is armed with the
power to
prosecute reinforced in Gutierrez, squarely applies. Hence, while the
erring public officers
and
employees, giving him an active role preliminary step in an administrative investigation. If
Ombudsman had legal interest to intervene, the period for
the
filing
in the enforcement of laws on
anti-graft and corrupt practices after such investigation, the charge is established and the
of
its motion to
intervene had
already lapsed as
it
was filed after the
and such other offenses that may be committed by such person investigated is found guilty of acts warranting his
CAhadpromulgateditsDecision.
officers and employees. The legislature has vested him with suspension or removal, then he is suspended, removed or
broad powers to enable him to implement his own dismissed.Thisisthepenalty. TheSandiganbayan
actions. 10. A decision of the Office of the Ombudsman in Sec 4. Art XI. The present anti-graft court known as t he
4. Concurrent with the Office of the President. Congress had administrative cases shall be executed as a matter of Sandiganbayan shall continue to function and exercise i ts
intended the Ombudsman and the President to exercise course. The Office of the Ombudsman shall ensure that the jurisdictionasnoworhereaftermaybeprovidedbylaw.
concurrent disciplinary jurisdiction over petitioners as Deputy decisionshallbestrictlyenforcedandproperlyimplemented.
11. The remedy of aggrieved parties from resolutions of the
N.Termlimits
OmbudsmanandSpecialProsecutor,respectively.
Ombudsman finding probable cause in criminal cases, when DoctrineofHoldoverCapacityinA
basKidav.Senate2
011EnBanc
5. Concurrent with the DOJ. The authority of the Ombudsman to
investigate offenses involving public officers or employees
is tainted with grave abuse of discretion, is a Rule
65
Petition Whether
or
not
those elected for the 2008-2011 can continue to serve
not
exclusive but
is
concurrent with other similarly authorized forCertiorariw iththeSupremeCourt,notwiththeCA.
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officeinaholdovercapacityuntiltherescheduled2013elections.
Eugeniov.CSC
NO. Since elective ARMM officials are local officials, they are covered A.Generalprinciples
CESB was created by PD No. 1. It cannot be disputed, therefore, that as
and bound by the three-year term limit prescribed by the Constitution; 1. Administrative Law is that branch of modern law under the CESB was created by law, it can only be abolished by the
theycannotextendtheirtermthroughaholdover. which the executive department of the
government acting
in
a legislature. The creation and abolition of public offices is
Section 8. Art X. The term of office of elective local quasi-legislative or quasi-judicial capacity, interferes with the
primarilyalegislativefunction.
officials, except barangay officials, which shall be conduct of the individual for the purpose of promoting the
well-being of the community, as under laws
regulating public The
essential
autonomous
character
of
the CESB is not negated by its
determined by law, shall be three years and no such
corporations, business affected with public interest, attachment to respondent Commission. Under the Administrative
officialshallserveformorethanthreeconsecutiveterms.
professions, trades and callings, rates
and prices,
laws for
the Code
of
1987,
the
purpose of
attaching one
functionally inter-related
It has been broadly stated that the legislature cannot, by an act government agency to another is to attain "policy and program
protection of
the
public
health
and safety and the promotion of
postponing the election to fill an office the term of which is thepublicconvenienceandadvantage. coordination."
limited by the Constitution, extend the term of
the
incumbent
2.
A rule in administrative law enunciated in
the
case
of
Sison
v.
beyondtheperiodaslimitedbytheConstitution.
Pangramuyen provides that the absence of palpable error or ⭐DelaLlanav.Alba
in
The rule of holdover can only apply as an available option where
grave abuse of discretion, the Court would be loathe to The abolition of an
office within the competence of a legitimate body
no
express or
implied
legislative intent to the contrary exists; it substitute its own judgment for that of the administrative if
done in good faith suffers from no infirmity. It is a well-known rule
cannotapplywheresuchcontraryintentisevident. agency entrusted with
the enforcement and implementation of also t hat valid abolition of
offices is
neither removal
nor
separation
In the same way that the term of elective ARMM officials
cannot
be thelaw. of
the incumbents. If
the abolition is void,
the
incumbent
is
deemed
extended through a holdover, the term cannot be shortened by never t
o h
ave c
eased t
o
h old office. T
he
t est remains w hether
putting an expiration date earlier than the three (3)
years that
B.Administrativeagencies
theabolitionisingoodfaith.
the Constitution itself
commands. This is what will happen — a "Agency"includes
term of
less than
two
years — if
a call for special elections shall a) any department, bureau, office, commission, authority or
prevail. In sum, while synchronization is achieved, the result is at the Reorganization
officer of the National Government authorized by law or
costofaviolationofanexpressprovisionoftheConstitution. executive order to make rules, issue licenses, grant rights or As a general
rule, a reorganization
is
carried out in ‘good faith’ if
The above considerations leave only Congress' chosen interim privileges,andadjudicatecases; itisfor
measure — RA No. 10153 and the appointment by the President of b) researchinstitutionswithrespecttolicensingfunctions; 1. thepurposeofeconomyo
r
OICs to govern the ARMM during the pre-synchronization period
c) government corporations with respect to functions regulating 2. tomakebureaucracymoree
fficient.
pursuant to
Sections 3,
4 and 5 of this law — as the only measure that
privateright,privileges,occupationorbusiness;and On the other hand, no valid abolition takes place and whatever
Congresscanmake.
d) officials in the exercise of disciplinary power as
provided
by abolition done is void ab initio if the abolition
which
is
nothing
law. elsebutaseparationorremoval,isdonefor
XI.ADMINISTRATIVELAW
1. politicalreasonsor
A
public
office
may created through any of the following modes, to
be
A.Generalprinciples 2. purposelytodefeatsecurityoftenure,or
wit,either
B.Administrativeagencies 3. otherwisenotingoodfaith,
1) bytheC
onstitution,
There is an invalid abolition as
where
there
is
merely
a change of
C.Powersofadministrativeagencies 2) byl aw,or
nomenclature of positions or
where
claims of
economy are
belied
D.JudicialReview 3) bya
uthorityoflaw. bytheexistenceofamplefunds.
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⭐Larinv.ExecutiveSecretary the interest of simplicity, economy and efficiency. It is an act well economic viability. Section 16, Article XII should not be construed
withintheauthorityofthePresident. soastoprohibitCongressfromcreatingpubliccorporations.
Does the
President
have
the
power
to
reorganize
the
BIR
or
to issue
The test
of economic viability does not apply to public corporations
thequestionedE.O.NO.132?
⭐KapisananngmgaKawaningERBv.Barin dealing with governmental functions, to which category the BSP
YES. There
should
be
a legal
basis
and
such
should
be in good faith. belongs. The o wnership and control test
is likewise irrelevant
Abolition and removal are mutually exclusive concepts. From a
Section 20,
Book III
of
E.O. No.
292 on Residual Powers of
the for
a public corporation like the BSP. To reiterate, the relationship of
legal standpoint, there is no occupant in
an
abolished office. Where
the President is one such legal basis which speaks of such other the BSP,
an attached agency, to the government, through the DECS,
is
there is no occupant, there is no tenure to speak of. Thus, impairment
powersvestedinthePresidentunderthelaw. defined in
the Revised Administrative Code of 1987. The BSP meets
of
the constitutional guarantee of
security of
tenure does not arise in
What law gives him the power to reorganize? It is PD No. 1772 the abolition of an office.
On the other hand, removal implies
that the minimum statutory requirement of an attached
which amended PD No. 1416. These decrees expressly grant the the office and
its
related
positions subsist and that the occupants are government agency as
the DECS Secretary sits at the BSP Board
President the continuing authority to reorganize the national merelyseparatedfromtheirpositions. ex
officio, thus facilitating the policy and program coordination
government, which includes the power to group, consolidate betweentheBSPandtheDECS.
Because of the
expansion of
the
ERC's
functions and concerns, there
bureaus and agencies, to abolish offices, to transfer functions, to
was
a valid abolition of
the
ERB.
Thus, there
is
no
merit
to
KERB's
create and classify functions, services and activities and to Beja,Sr.v.CA
allegation that there
is
an
impairment of
the
security of tenure of the
standardizesalariesandmaterials.
ERB'semployees. Attachment of an agency to a Department is one of the three
Is the reorganization of BIR pursuant to E.O. No. 132 tainted with administrative relationships mentioned in Book IV, Chapter 7 of
the
bad faith? YES. A reading of some of the provisions of the questioned Banda,et.al.v.Ermita2010EnBanc Administrative Code of 1987, the
other
two
being supervision and
E.O. No. 132 clearly leads
us to
an
inescapable conclusion that there controlandadministrativesupervision.
are circumstances considered as evidence of bad faith in the It
is undisputed that the NPO, as an agency that is part of the Office of
the Press Secretary, is part of the Office of the President. In the case at Attachment refers to the lateral relationship between the
reorganizationoftheBIR.
bar, there
was neither an abolition of the NPO nor a removal of any of department or its equivalent and the attached agency or corporation
1. Section 1.1.2 of said executive order abolishes an office for purposes of policy and
program
coordination. The
coordination
its functions to be transferred to
another agency. Under the
assailed
while another one performing substantially the same shallbeaccomplishedby
EO 378, the NPO remains the main printing
arm of
the
government
functioniscreated.
for all
kinds of government forms and publications but in the interest a) having the
department
represented in the governing board of
2. The creation
of
services and
divisions in the BIR resulted in of greater economy and encouraging efficiency and profitability, it theattachedagencyorcorporation;
a
significant
increase in
the
number of
positions in
the said must now compete with the private sector for certain government
b) having the attached corporation or agency comply with a
bureau. printing jobs. At most, there was a mere alteration of the main
systemofperiodicreporting;and
function of the NPO by limiting the exclusivity of its printing
Bagaoisanv.NationalTobaccoAuthority responsibilitytoelectionforms. c) having the department or its equivalent provide general
policiesthroughitsrepresentativeintheboard.
It is important to emphasize that the questioned Executive
BoyScoutsofthePhilippinesv.COA2011EnBanc With respect to
the
management of
personnel, an
attached agency
Orders No. 29 and No. 36 have not abolished the National
is, to a certain extent, free from Departmental interference and
Tobacco Administration but merely mandated its Sec 20, Chapter 8, Title VI, Book IV of EO 292 classifies
BSP
as
an
control.
reorganization through the streamlining or reduction of its AttachedAgency.
personnel.
The BSP is a public corporation or a government agency or Malagav.Penachos,Jr.
In
the
present instance, involving neither
an abolition nor transfer of instrumentality with juridical personality. Public corporations are
offices, the
assailed action is a mere reorganization under the general treated by law as agencies or instrumentalities of the government InstrumentalityreferstoanyagencyoftheNationalGovernment,
provisions of
the
law consisting mainly of
streamlining the NTA in which are not subject to the tests of ownership or
control and 1. notintegratedwithinthedepartmentframework,
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2. vestedwithspecialfunctionsorjurisdictionbylaw, In
the
instant case,
ISA instituted the expropriation proceedings in its CommunityRuralBankofGuimbav.Talavera
3. endowedwithsomeifnotallcorporatepowers, capacity as an agent or delegate or representative of the Republic
In
administrative supervision
law, means overseeing or the power
pursuant to
its authority under P.D. No. 272. The principal or the real
4. administeringspecialfunds,and or authority of an officer to see that subordinate officers perform
party in interest is thus the Republic and not the National Steel
5. enjoyingoperationalautonomy,usuallythroughacharter. their duties. C ontrol, on the other hand, means the power of an
Corporation, even though the latter may be an ultimate user of the
This term includes regulatory agencies, chartered institutions, and properties involved should the condemnation suit be eventually officer to alter or modify or nullify or
set
aside
what
a subordinate
GOCCS. successful. officer had done in the performance of his duties and to substitute the
judgmentoftheformerforthatofthelatter.
Chartered institution refers to any agency organized or
operating
Republicv.CA Review as an
act
of
supervision
and control
by
the justice secretary
under a special
charter,
and
vested by law
with
functions
relating
to
specificconstitutionalpoliciesorobjectives.Thistermincludes over the fiscals and prosecutors finds basis in the doctrine of
Petitioner Sugar Regulatory Administration may not lawfully exhaustionofadministrativeremedies.
1. thestateuniversitiesandcolleges,and bring
an
action on
behalf of
the
Republic and that the OGCC does not
Here, it was grossly erroneous for respondent judge to order the
2. themonetaryauthorityofthestate. have the authority to represent said petitioner in this case. It is
apparent that its charter does not grant the SRA the power to reinvestigation of
the
case
by
the
prosecutor. This action enabled the
representtheRepublicinsuitsfiledbyoragainstthelatter. latter
to
reprobate and
reverse the
secretary's Resolution. In granting
LuzonDevelopmentBankv.AssociationofLuzonDev.Bank the Motion for Reinvestigation, respondent effectively demolished
Employees The OGCC can represent neither the SRA nor
the Republic. We
theDOJ'spowerofcontrolandsupervisionoverprosecutors.
do not, however, share
the
view that
only
the
OSG can
represent the
The voluntary arbitrator, whether acting solely or in a panel, SRA. When confronted with a situation where one
government office
enjoys in
law
the
status of
a quasi-judicial
agency but independent ⭐Biraogov.ThePhilippineTruthCommissionR ePowerofControl,
takes an adverse position against another government agency,
as in
of,
and
apart from, the NLRC since his decisions are not appealable to FaithfulExecutionClause,andPowertoInvestigate
this case, the Solicitor General should not refrain from performing his
thelatter. duty as the lawyer of the government. In such an instance, the The creation of the PTC is not justified by
the
President's power
of
The voluntary arbitrator no less performs a state function pursuant to government office adversely affected by the position taken by the control. The power of control is entirely different from the
power to
a governmental power delegated to him under the provisions Solicitor General may appear on its own behalf through its legal create public offices. The former is inherent in
the Executive, while
therefore in the Labor Code and he falls, therefore, within the personnelorrepresentative. the
latter finds
basis from either a valid delegation from Congress, or
contemplationoftheterm"i nstrumentality". Consequently,theSRAneednotberepresentedbytheOSG. hisinherentdutytofaithfullyexecutethelaws.
Indeed, the
Executive is
given
much leeway in ensuring that our laws
IronandSteelAuthorityv.CA Leysonv. Ombudsman are
faithfully executed. One of the recognized powers of the President
We consider that the ISA is properly regarded as an agent or granted pursuant to
this constitutionally-mandated duty is the power
TobeconsideredaGOCC,three(3)requisitesmustconcur,namely,
delegate of
the
Republic. The Republic itself is a body corporate and tocreateadhoccommittees.
first,anyagencyorganizedasastockornon-stockcorporation;
juridical
person vested with the full panoply of powers and attributes On the charge that EO No. 1 transgresses the power of Congress to
whicharecompendiouslydescribedas"legalpersonality." second, vested with functions relating
to
public
needs
whether appropriate funds for
the
operation of a public office, suffice it to say
When the statutory term of a non-incorporated agency expires, the governmentalorproprietaryinnature;and, that there will be no appropriation but only an allotment or
powers, duties and functions as well as
the
assets
and
liabilities of third, owned by the Government directly or through its allocations of existing funds already appropriated. Accordingly, there
that agency revert back to, and are re-assumed by, the instrumentalities either wholly, or, where applicable as in the is
no
usurpation on the part of the Executive of the power of Congress
case of stock corporations, to the extent of at least fifty-one toappropriatefunds.
Republic.
(51)percentofitscapitalstock. The President's power to conduct investigations to ensure that
laws are faithfully executed is well recognized. It flows from the
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faithful-execution clause of the Constitution under Article VII, Kindsofadministrativerulesandregulations and
the
administrative interpretation
of
the
law is at best advisory. It
Section17thereof. Legislative
has also been held that interpretative regulations need not be
published.
designed to implement a primary legislation by providing the
C.Powersofadministrativeagencies
details thereof. Before it is adopted, there must be hearing, and
Smartv.NTC Melendresv.Comelec
mustbepublished.
Administrative agencies possess quasi-legislative or rule-making Interpretative
A formal trial-type hearing is not at all times and in all instances
powersandq
uasi-judicialoradministrativeadjudicatorypowers. essential to due
process. It
is
enough that the
parties are
given a fair
designed to
provide guidelines
to
the
law
which the administrative
The rules and regulations that administrative agencies promulgate, and reasonable opportunity to explain their respective sides of the
agencyisinchargeofenforcing.ItneedNOTbepublished.
controversy and
to
present evidence on which a fair
decision can be
which are the product of a delegated legislative power to create
Eslaov.COA based.
newandadditionallegalprovisionsthathavetheeffectoflaw,should
a) be
within
the
scope of the statutory authority granted by the Administrative regulations and policies enacted by administrative
EasternTelecomv.InternationalCommunication
legislaturetotheadministrativeagency. bodies to interpret the law have the
force
of
law
and
are
entitled
to
b) be germane to
the
objects and
purposes
of
the
law, and
be greatrespect. In cases
where
the
dispute
concerns
the
interpretation by
an
agency
ofitsownrules,weshouldapplyonlythesestandards:
not in contradiction to, but in conformity with, the standards
prescribedbylaw CIRv.CA 1. Whetherthedelegationofpowerwasvalid;
c) conform to and be consistent with the provisions of the When an administrative rule is merely interpretative in nature, its 2. whether the
regulation
was within that delegation; and if
enablingstatute. applicability needs
nothing further than
its bare issuance for it gives so,
In
questioning
the
validity
or
constitutionality of a rule or regulation no real consequence more than what the law itself has already 3. whether it was a reasonable regulation under a due
issued by an administrative agency, a party need NOT exhaust prescribed. When, upon the other hand, the administrative rule goes processtest.
beyond merely providing for the means that can facilitate
or
render
administrative remedies before going to court. This principle
least cumbersome the implementation of the law but
substantially Requisitesforvalidity
applies only where the act of the administrative agency
adds to
or
increases the burden of those governed, it behooves the
concerned was performed pursuant to its quasi-judicial 1. Completeness Test. it must set forth therein
the
policy
to
be
agency to accord at least to those directly affected a chance to be
function, and
not
when
the
assailed act
pertained
to
its rule-making executed,carriedoutorimplementedbythedelegate.
heard, and thereafter to be duly informed, before that new issuance
orquasi-legislativepower.
isgiventheforceandeffectoflaw.
In like manner, the doctrine of primary jurisdiction applies 2. Sufficient Standard Test. the
limits of
which
are
sufficiently
RMC 37-93 cannot be viewed simply as a corrective measure. The determinate or determinable — to which the delegate must
only where the administrative agency exercises its
BIR did not simply interpret the law; it legislated under its conformintheperformanceofhisfunctions.
quasi-judicialoradjudicatoryfunction.
quasi-legislative authority. The due observance of the
requirements
of
notice, of
hearing, and
of publication should not have been then Dagan,et.al.v.PhilippineRacingCommission
Rule-makingorQuasi-legislativepower
ignored. The hastily
promulgated RMC
37-93 has
fallen short
of
a
is the power to make rules and regulations which results in The validity of an administrative issuance hinges on compliance with
validandeffectiveadministrativeissuance.
delegated legislation that is within the confines of the granting thefollowingr equisites:
statute and the doctrine of non-delegability and separability of Peraltav.CSC 1. Itspromulgationmustbea
uthorizedbythelegislature;
powers. 2. It must be promulgated in accordance with the
When an administrative or executive agency renders an opinion or
prescribedprocedure;
issues a statement of policy, it
merely
interprets
a pre-existing
law;
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3. It
must
be
within
the
scope
of
the authority given by the As in the enactment of laws, the general rule is that, the for the determination of just
compensation to
landowners. Only the
legislature; promulgation of administrative issuances DOES NOT require legislature can
recall
that
power. The DAR has no authority to qualify
previous notice and hearing, the only exception being where the orundothat.
4. Itmustbereasonable.
legislature itself requires it and mandates that the
regulation shall
There is no delegation of power to speak of
between
Philracom,
as 2.W ithintheScopeofAuthority
be based on certain facts as determined at an appropriate
the delegator and MJCI and PRCI as delegates. The Philracom directive investigation. This exception pertains to the issuance of
legislative Boie-TakedaChemicalsv.DelaSerna
ismerelyi nstructivei ncharacter. rules as
distinguished from interpretative rules which give no real In
including commissions in
the
computation of the 13th month pay,
As a rule,
the
issuance of
rules
and regulations in
the
exercise
of
an consequencemorethanwhatthelawitselfhasalreadyprescribed. the second paragraph of Section 5 (a) of the
IRR of
the
13th
Month
administrative agency
of its
quasi-legislative power does not require In
the instant case, EO 156 is obviously a legislative rule as it seeks Pay Law
unduly expanded the
concept of
"basic salary" as defined in
notice and hearing. In Abella, Jr. v.
Civil
Service Commission, this to implement or execute primary legislative enactments intended to P.D.851.
Court had the occasion to rule that prior notice and hearing are protect the domestic industry by
imposing a ban on
the importation
NOT essential to the validity of rules or regulations issued in of
a specified product not previously subject to such prohibition. The MinersAssociationofthePhilsv.Factoran,Jr.
the exercise of quasi-legislative powers since there is no importation ban runs afoul the third requisite for a valid
determination of past events or facts that have to be Considering t hat administrative rules draw life from the statute
administrative order. The subject matter of the laws authorizing the
establishedorascertained. President to
regulate or
forbid importation of used motor vehicles, is which they seek to implement, it is obvious that the spring
the domestic industry. The proscription in the importation of
used cannotrisehigherthanitssource.
1.AuthorizedbyCongress motor vehicles should be operative only outside the Freeport and the
TayugRuralBankv.CentralBank inclusion of said zone within the ambit of the prohibition is an Peoplev.Maceren
invalid modification of RA 7227. Indeed, when the
application of
Nowhere in R.A. 720 is the Monetary Board authorized to mete out on The
regulation penalizing electro
fishing is not strictly in accordance
an administrative issuance modifies existing laws or exceeds
rural
banks an additional penalty rate on their past due accounts with with the Fisheries Law, under which the regulation was issued,
the intended scope, as in the instant case, the issuance
Appellant. becausethelawitselfdoesnotexpresslypunishelectrofishing.
becomes void, not only for being ultra vires, but also for
being
unreasonable.
ExecutiveSecretaryv.SouthwingHeavyIndustries Romulo,Mabanta,Buenaventura,Sayoc&DeLosAngelesv.HDMF
The problem lies with respect to the application of the importation
Delegation of legislative powers to the President is permitted in ban to the Freeport. There is no logic in the all encompassing When the Board of
Trustees
of the HDMF required in Section 1, Rule
Section 28(2) of Article
VI
of
the
Constitution.
The
relevant statutes application of
the
assailed provision to the Freeport which is outside VII of the 1995 Amendments to the IRR of R.A. No. 7742 that
toexecutethisprovisionare: the customs territory. As long as the used motor vehicles do not enter employers should have both provident/retirement a nd housing
the customs territory, the injury or harm sought to
be prevented or benefits for
all
its
employees in order to
qualify for exemption from
1) TheTariffandCustomsCode;
remedied not arise. The application of the law should be
will the Fund, it effectively amended Section 19 of P.D. No. 1752. And
2) Executive Order No. 226, the Omnibus Investment Code of
consistent with the purpose of and reason for the law. when the Board subsequently abolished that
exemption through the
thePhilippines;
When the reason for the law ceases, the law ceases. It is not the letter 1996 Amendments, it repealed Section 19 of P.D. No. 1752. Such
3) Republic Act No. 8800, otherwise known as
the
“Safeguard
alonebutthespiritofthelawalsothatgivesitlife. amendment and subsequent repeal of
Section 19
are both invalid, as
MeasuresAct”(SMA).
theyarenotwithinthedelegatedpoweroftheBoard.
There are thus explicit constitutional and statutory permission
authorizing the President to ban or regulate importation of articles LandBankv.Dalauta2017EnBanc
DARv.Sutton
andcommoditiesintothecountry. In Section 57 of R.A.
No.
6657,
Congress expressly granted the
RTC,
acting as SAC, the original and exclusive jurisdiction over all petitions In the case at bar, we find that the impugned A.O. is invalid as it
contravenes the Constitution. The A.O. sought to regulate livestock
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farms by including them in the coverage of agrarian reform and Purisimav.PhilippineTobaccoInstitute2017 PhilippineConsumersFoundationv.SecofDECS
prescribing a maximum retention limit for their ownership. The
Court clarified in the Luz Farms case that livestock, swine and A
reading of Section 11 of
RR 17-2012 and Annex "D-1" on Cigarettes We are not convinced by the argument that the power to regulate
poultry-raising are industrial activities and do not fall within the Packed by Machine of RMC 90-2012 reveals
that
they are not simply school fees "does not always include the power to increase" such
definition of "agriculture" or "agricultural activity." The raising of regulations to implement RA 10351. They are amendatory provisions fees. The function of prescribing rates by an administrative agency
livestock, swine and poultry is
different
from crop or tree farming. It which require cigarette manufacturers to be liable to pay for more tax may be either a legislative or an adjudicative function. If it were a
isanindustrial,notanagricultural,activity. than the law allows. The BIR, in issuing these revenue regulations, legislative function, the grant of prior notice and hearing to the
created an additional tax liability for packaging combinations smaller affected parties is
NOT a requirement of
due process. As regards
than 20 cigarette sticks. Excise tax
on cigarettes
packed by
machine rates prescribed by an administrative agency in the exercise of its
HolySpiritHomeownersAssociationv.Defensor
shall be imposed on the packaging combination of 20 cigarette sticks quasi-judicial function, prior notice and hearing are essential to
In
questioning the
validity
or
constitutionality of a rule or regulation as a whole and not
to individual packaging combinations or pouches thevalidityofsuchrates.
issued by an administrative agency, a party need NOT exhaust of5's,10's,etc. When the rules and/or
rates
laid
down
by
an
administrative
agency
administrative remedies before going to court. This principle,
are
meant
to to
apply all enterprises of a given kind throughout the
however, applies only where the act of the administrative 3.ObservanceofPrescribedProcedure;NoticeandHearing;
country,theymaypartakeofal egislativec haracter.
agency concerned was performed pursuant to its
Publication
QUASI-JUDICIAL function, and NOT when the assailed act Where the rules and the rates imposed apply exclusively to a
pertainedtoitsrule-makingorquasi-legislativepower. Republicv.Medina particular
party, based upon a finding of fact, then its function
Where what
is
assailed
is
the
validity or constitutionality of a rule isquasi-judicialincharacter.
If the Commission is empowered to approve provisional rates even
or
regulation issued by
the administrative agency in the performance without a hearing, a fortiori it may act on
such rates upon a six-day Is DO No. 37 issued by the DECS in the exercise of its legislative
of its quasi-legislative function, the regular courts have notice to persons concerned. To be
sure, petitioner Gonzalez argues function? We believe so. This being so, prior notice and hearing
jurisdiction to pass upon the same. Hence, the judicial course to that the
proviso
applies only
to initial, not revised, rates. The Public arenotessentialtothevalidityofitsissuance.
assailitsvaliditym ustfollowthedoctrineofhierarchyofcourts. Service Act, however, makes no distinction. The Public Service
Where
the
principal
relief
sought is to
invalidate
an
IRR, petitioners' Commission practice, moreover, is
to hear and approve revised rates PhilippineCommunicationsSatellitev.Alcuaz
remedy is
an
ordinary action
for its nullification, an action which without published notices or hearing. The reason is easily discerned:
The order in
question which was issued by Alcuaz no doubt contains
properlyfallsunderthejurisdictionoftheRTC. The provisional rates are by their nature temporary and subject to
all the attributes of a quasi-judicial adjudication. Foremost is
the
adjustmentinconformitywiththedefinitiveratesapproved.
Where a
rule
or
regulation has a provision not expressly stated fact that said order
pertains exclusively to
petitioner and to no other.
or contained in
the
statute
being implemented, that
provision Thus, an immediate reduction in
its
rates would adversely affect its
doesnotnecessarilycontradictthestatute. Macedav.ERB operationsandthequalityofitsservicetothepublic.
What must be
stressed is that while under Executive Order No. 172, a With
regard to rate-fixing, respondent has no authority to make such
Orceov.Comelec2010EnBanc hearing is indispensable, it does not preclude the Board from order
without first giving petitioner a hearing, whether the order be
ordering, ex
parte, a provisional increase, as it did here, subject to its temporary or permanent, and
it is immaterial whether the same is
The inclusion of airsoft guns and airguns in the term "firearm" in
finaldisposition. made upon a complaint, a summary investigation, or upon the
Resolution No.
8714
for
purposes of the
gun
ban during the election
period is
a reasonable restriction,
the objective of which is to ensure Section 3(e) outlines the jurisdiction of the Board and the grounds for commission'sownmotionasinthepresentcase.
theholdingoffree,orderly,honest,peacefulandcredibleelections. which it
may decree
a price adjustment, subject
to
the
requirements
of notice and hearing. P ending that, however, it may order, under Rubeneciav.CSC
However, the Court excludes the replicas and imitations of airsoft
guns
and
airguns from the term "firearm" under Resolution No. 8714, Section 8,
an
authority to
increase
provisionally, without need of
a Assuming that Rubenecia had not in fact been sent an individual
becausetheyarenotsubjecttoanyregulation,unlikeairsoftguns. hearing,subjecttothefinaloutcomeoftheproceeding. notice, the fact remains that
Resolution
No. 93-2387
was published
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in a newspaper of general circulation; the Commission may Unlike the restrictive aggregate-based airtime limits,
the
directive to review that review schools and centers believe would best enable
accordingly be deemed to have complied substantially with the give
prior
notice is
not
unduly
burdensome and unreasonable, much their enrollees to meet the standards required before becoming a
requirementofwrittennoticeinitsownResolution. less could it be characterized as prior restraint since there is no full-pledgedpublicaccountant.
restrictionondisseminationofinformationbeforebroadcast.
PITCv.COAcitingTañadav.Tuvera In
the same way that the Court finds the “prior notice” requirement as Pimentelv.LEB2
019EnBancr eReasonablenessofPhiLSAT
not constitutionally infirm, it
similarly concludes that
the
“right
to The exercise of the power to supervise and regulate legal education is
DBM-CCC No. 10
has
been
re-issued in
its entirety and submitted for
reply” provision is reasonable and consistent with the constitutional circumscribed by the normative contents of the Constitution itself,
publication in
the
Official
Gazette. Would the subsequent publication
mandate. that is, it must be reasonably exercised. Reasonable exercise
thereof cure the defect and retroact to the time that the
above-mentioneditemsweredisallowedinaudit? means that it should not amount to control and that
it
respects
4.FairandReasonable the Constitutionally guaranteed institutional academic freedom and
NO. From the time the COA disallowed the expenses in audit up to the
Lupangcov.CA thecitizen'srighttoqualityandaccessibleeducation.
filing of herein petition the
subject circular
remained in
legal limbo
due to its non-publication. As was stated in Tañada vs. Tuvera, Here, mandating law
schools to
reject
applicants who failed
to reach
Is the RTC of the same category as the PRC so that it cannot
pass
"prior publication of laws before they become effective cannot be the
prescribed PhiLSAT passing score
or
those
with expired PhiLSAT
uponthevalidityoftheadministrativeactsofthelatter?
dispensed with,
for
the
reason that
such
omission would offend due eligibility transfers complete control over admission policies from
NO. What is clear from PD No. 223 creating the PRC is that it is thelawschoolstotheLEB.
process insofar as it would deny the public knowledge of
the laws
attached to the Office of the President for general direction and
thataresupposedtogovernit." The right of the institutions then are constricted only in providing
coordination. Well
settled in
our
jurisprudence is
the
view that even
"additional" admission requirements, admitting of
the
interpretation
actsoftheOfficeofthePresidentmaybereviewedbytheRTC.
GMAv.MTRCB that the preference of the school itself is merely secondary or
In
order to
invoke the exclusive appellate jurisdiction of the CA, there supplemental to that of the State which is antithetical to the very
The Administrative Code of 1987 expressly
requires each
agency
to has to be a final order or ruling which resulted from proceedings principleofreasonablesupervisionandregulation.
file with the Office of the National Administrative Register wherein the administrative body involved exercised its
(ONAR) of the UP Law Center three certified copies of every rule It is
settled that
the
PhiLSAT, when administered as
an aptitude test,
quasi-judicialfunctions.
adopted by it. Administrative issuances which
are not published or is reasonably related to the State's unimpeachable interest in
Can
this
Commission lawfully
prohibit
the examinees from attending improving the quality of
legal
education. This aptitude test, however,
filedwiththeONARarei neffectivea ndmaynotbeenforced.
review classes,
receiving handout
materials, tips
or the like three (3) should not be exclusionary, restrictive, or
qualifying as to
encroach
daysbeforethedateofexamination? uponinstitutionalacademicfreedom.
GMAv.COMELEC2
014EnBanc
NO. It is an axiom in administrative law that administrative
For failing to conduct prior hearing before coming up with Resolution authorities should not act arbitrarily and capriciously in the issuance AdjudicatoryorQuasi-judicialpower
No. 9615, said Resolution, specifically in regard
to
the
new
rule
on of rules and regulations. To be
valid, such rules
and regulations
aggregateairtimeisdeclaredd efectiveandineffectual. This is
the
power
to
hear and determine questions of fact to which
must be reasonable and fairly adapted to secure the end in
the legislative policy is to apply
and
to
decide
in
accordance with
ResolutionNo.9615d
oesnotimpose view. If shown to bear no reasonable relation to
the purposes
the standards laid down by the law itself in enforcing and
anunreasonableburdenonthe for which they are
authorized to
be issued, then they must
be
administeringthesamelaw.
broadcastindustry heldtobeinvalid.
Contrary to
petitioners’
contention, the Reporting Requirement for Resolution No. 105 is not only unreasonable and arbitrary, it also Meralcov.Atilano2012
the Comelec’s monitoring is reasonable. It is a reasonable means infringes on the examinees' right to liberty guaranteed by the
A preliminary investigation is not a quasi-judicial
proceeding.
adopted by the COMELEC to ensure that parties and candidates
are Constitution. Also, it violates the academic freedom of the schools
The public prosecutor exercises investigative powers in the
afforded equal opportunities to promote their respective candidacies. concerned. Respondent PRC cannot interfere with the conduct of
conduct of
preliminary
investigation to determine
whether, based on
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the evidence presented to
him, he should take further action by filing Administrativedueprocess
Uttov.Comelec
a criminal complaint in court. In doing so, he does not adjudicate
1.Jurisdiction
In administrative proceedings, the
essence
of
due
process is
simply
upon the rights, obligations or liabilities of the parties before him.
Since the
power exercised by the public prosecutor in this instance is an opportunity
to be
heard, or an opportunity to explain one’s side
DeSyquiav.BoardofPowerandWaterWorks or opportunity to seek a reconsideration of the action or ruling
merely investigative or inquisitorial, it is subject to a different
standard in terms of stating the facts and the law in its Respondent board acquired no jurisdiction over petitioner's complainedof.
determinations. contractual relations with respondents-complainants as her tenants,
We rule, therefore, that the DOJ resolution satisfactorily complied since petitioner is not
engaged
in
a public
service
nor
in the sale
of Garciav.Pajaro
electricitywithoutpermitorfranchise.
with constitutional and legal requirements when it stated its legal The city treasurer of Dagupan has the authority to institute
basis for
denying MERALCO’s petition for review which is
Section 7 disciplinary actions against subordinate officers or
employees. The
of
Department Circular No. 70, which authorizes the SOJ to dismiss a Mariño,Jr.v.Gamilla essence of due process in an administrative proceeding is the
petition outright if he finds it to be patently without merit or It
is
a settled
rule that jurisdiction, once acquired, continues until the opportunity to explain one’s side, whether written or verbal. The
manifestly intended for delay, or when the issues
raised
therein are case is finally terminated. The petition with the Med-Arbiter was filed constitutional mandate is satisfied when a petitioner complaining
tooinsubstantialtorequireconsideration. ahead of the complaint in the civil case before the RTC. As such, when about an action or a ruling is granted an opportunity to seek
the petitioners filed their complaint a quo, jurisdiction over the reconsideration.
Encinasv.Agustin,Jr.2
013EnBanc injunction and restraining order prayed for
had already been lodged
with the Med-Arbiter. The removal of
padlocks and the access to the Domingov.Rayala
Inadministrativelaw,aq
uasi-judicialproceedinginvolves
office premises is necessarily included in petitioners’ prayer to
a) takingandevaluatingevidence; The records of the case indicate that Rayala was afforded all these
enjoin respondents from performing acts pertaining to union officers
procedural due process safeguards. Although in the beginning he
b) determiningfactsbasedupontheevidencepresented;and and on behalf of the union. In observance of the principle of
questioned the authority of the Committee to try him, he
appeared,
c) rendering an order or decision supported by the facts adherence of jurisdiction, it is
clear that
the
RTC should not have
personallyandwithcounsel,andparticipatedintheproceedings.
exercised jurisdiction over the provisional reliefs prayed for in the
proved.
complaint.
The Court has laid down the test for determining whether an Riverav.CSC
Unlike the
NLRC which
is
explicitly
vested with the jurisdiction over
administrative body is exercising judicial
or
merely investigatory
claims for
actual, moral,
exemplary and
other
forms of damages, the In
order that the review of the decision of a subordinate officer might
functions — adjudication signifies the exercise of the power and
BLR is not specifically empowered to adjudicate claims of such not turn out to be a farce, the reviewing officer must perforce be other
authority to
adjudicate upon the
rights and obligations of the parties.
naturearisingfromintra-unionorinter-uniondisputes. thantheofficerwhosedecisionisunderreview.
Hence, if
the only
purpose of
an investigation is
to
evaluate the
evidence submitted to an agency based on the facts and
2.DueProcess
Coronav.CA
circumstances presented to it, and if the agency is not
authorized to make a final pronouncement affecting the In administrative proceedings, procedural due process has been What
is
prescribed by the law and theBeja
case is that all complaints
parties, then there is an absence of judicial discretion and recognizedtoincludethefollowing: against a PPA official or employee below the rank of Assistant
judgment. General Manager shall be filed before the PPA General Manager by the
1) therighttoactualorc onstructiven
otice;
Here, the proceedings before the BFP were
purely
administrative in proper officials, such as the PPA police
or any aggrieved party.
The
2) arealopportunitytobeheard; aggrieved party should not, however, be one and the same official
nature and constituted
a fact-finding investigation for
purposes
of
determining whether a formal charge for an administrative offense 3) atribunalvestedwithcompetentjurisdiction;and upon whose lap the complaint he has filed may eventually fall on
shouldbefiledagainstpetitioner. appeal.Nomancanbeatoncealitigantandjudge.
4) a finding by said tribunal supported by substantial
evidence.
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Marcelov.Bungubung not tantamount to a denial of her right to due process. Petitioner The rule of res judicata which forbids the reopening of a matter
was required to file a counter-affidavit and position
paper
and
later once judicially determined by
competent authority applies as well to
The fact
that no formal
hearing took
place is not sufficient ground to on,
was given a chance to
file
two motions for reconsideration of the the judicial and quasi-judicial acts of public, executive or
say
that due process was not afforded to Bungubung. It is well-settled decision of the deputy ombudsman. As long as the parties are administrative officers
and
boards acting
within their jurisdiction as
that in administrative proceedings, including those before the given the opportunity to be heard before judgment is tothejudgmentsofcourtshavinggeneraljudicialpowers.
Ombudsman, cases may be submitted for
resolution on
the
basis
of rendered,thedemandsofdueprocessaresufficientlymet. Indeed, the principle of conclusiveness of
prior adjudications is
affidavits and pleadings. It
is,
therefore, not legally objectionable for
not
confined in
its
operation to
the
judgments of
what are ordinarily
being violative of due process for an administrative agency to resolve
Quisumbingv.Rosales2015 known as courts, but it extends to all bodies upon whom judicial
a case based solely on position papers, affidavits or
Petitioner was given ample opportunity to air her side on the powershadbeenconferred.
documentary evidence submitted by the parties as
affidavits of
witnessesmaytaketheplaceoftheirdirecttestimonies. allegations against her after being sufficiently apprised of the
allegations against her; she was afforded the chance to submit her Ochov.Calos
Perezv.People written explanation. Unfortunately, the petitioner failed to avail of Under the principle of
conclusiveness of judgment, "the identity of
thatright,andchosetodirectlyseektheinterventionofthisCourt. causes of action is not required but merely identity of issues.” Simply
There is nothing in the Constitution that says that a party in a
put, it bars the relitigation of particular facts or issues in another
non-litigation proceeding is entitled to be represented by counsel and
Villa-Ignaciov.Gutierrez2017EnBanc litigation between the same parties on a different claim
or cause
of
that, without such representation, he shall not be bound by such
Changing regulations in the middle of the proceedings without action.
proceedings. The assistance of lawyers, while desirable, is not
indispensable. reason, after the violation has accrued, does not comply with There is no question that the issue of whether petitioner is the owner
fundamentalfairness,orinotherwords,dueprocessoflaw. of other agricultural lands had already been passed upon by the
Atienza,Jr.v.Comelec2010EnBanc proper quasi-judicial authority. Said decision became final and
Exceptionst orequirementsofnoticeandhearing
executory. The CA
thus erred in
still
making
a finding
that petitioner
Although political parties play
an
important role
in our democratic 1) SummaryAbatementofNuisanceperse; is not qualified to be a farmer-beneficiary because he owns other
set-up as
an intermediary between the
state and its citizens, it is still agriculturallands.
a private organization, not a state instrument. Members whose 2) PreventiveSuspension;
rights under their charter may have been violated have recourse to 3) Padlockingoffilthyrestaurants,theaters,etc.;
Ligtasv.People2
015
courts of law for the enforcement of those rights, but not as a due 4) CancellationofPassportofaccused;
processissueagainstthegovernmentoranyofitsagencies. The
CA was correct in
ruling
that
the
doctrine of res judicata applies
5) Summarydistraintandlevy; only to judicial or quasi-judicial proceedings, and not to the
Catacutanv.People2
011 6) GrantofProvisionalAuthority. exerciseofadministrativepowers.
Due process of law is not denied by the exclusion of irrelevant, Administrativeappealandreview
Fact-finding,investigative,licensing,andrate-fixingpowers
immaterial, or incompetent evidence, or testimony of an incompetent Unless otherwise provided by law or executive order, an appeal
witness. It is not an error to refuse evidence which although from a final
decision
of
the
administrative agency may
be taken
to SubidoLawOfficesv.CA2016EnBanc
admissible for certain purposes, is not admissible for the purpose the
Department Head, whose decision may further be brought to the The power of investigation consists in gathering, organizing, and
whichcounselstatesasthegroundforofferingit. regularcourts. analyzing evidence, which
is
a useful aid or tool in an administrative
Administrativer esjudicata agency's performance of its
rule-making or
quasi-judicial functions.
Melendresv.PAGC2012 Notably,investigationisindispensabletoprosecution.
SanLuisv.CA
The denial of petitioner’s request for a formal
investigation
is
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The confusion on the scope and parameters of the AMLC's D.JudicialReview 3. whenthereisgraveabuseofdiscretion;
investigatory powers and
whether
such seeps
into and approximates 4. whenthejudgmentisbasedonamisapprehensionoffacts;
Tengv.Pahagac2
010
a quasi-judicial agency's inquisitorial powers lies in the AMLC's
By disallowing reconsideration of the VA's decision, Section
7,
Rule 5. whenthefindingsoffactsareconflicting;
investigation and consequent initial determination of whether certain
activitiesareconstitutiveofanti-moneylaunderingoffenses. XIX of DO 40-03 and Section 7 of the 2005 Procedural Guidelines 6. when in
making its findings,
the
CA
went
beyond the issues
Nowhere from
the
text
of
the
AMLA nor
its IRR can we glean that the went directly against the legislative intent behind Article 262-A of the of
the
case, or its findings are contrary to the admissions of
Labor Code. These rules deny the VA the chance to correct
himself boththeappellantandtheappellee;
AMLC exercises quasi-judicial functions whether the actual
and compel the courts of justice to prematurely intervene with the 7. whenthefindingsarecontrarytothetrialcourt;
preliminary investigation is done simply at its
behest or
conducted
action of an administrative agency.. In Industrial
Enterprises, Inc.
v.
bytheDepartmentofJusticeandtheOmbudsman. 8. when the findings are conclusions without citation of
CA, we ruled that relief must first be obtained in
an
administrative
Plainly, the AMLC's investigation of money laundering offenses and proceeding before a remedy will be supplied by the courts even specificevidenceonwhichtheyarebased;
its
determination of possible money laundering offenses, specifically thoughthematteriswithintheproperjurisdictionofacourt. 9. when the facts set forth in the petition as well as in the
its inquiry into certain bank accounts allowed by
court order,
does petitioner's main and reply briefs are not disputed by the
not transform it into an investigative body
exercising
quasi-judicial respondent;
LRTAv.Salvaña2014EnBancLeonen,J
powers.
The present rule is that a government party is a “party 10. when the findings of fact are premised on the supposed
adversely affected” for purposes of appeal provided that the absence of evidence and contradicted by the evidence on
PhilippineInterislandShippingAssociationv.CA
government party
that has
a right
to
appeal
must be the office record;and
We
conclude that
E.O.
No.
1088 is
a valid
statute
and
that
the
PPA is oragencyprosecutingthecase. 11. when
the CA manifestly overlooked certain relevant facts not
duty bound to comply with its
provisions. The PPA may increase the disputed by the parties, which, if properly considered,
Dacoycoy, Philippine National Bank, and the URACCS failed to
rates but
it
may not decrease them below those mandated by E.O. No. wouldjustifyadifferentconclusion.
contemplate a situation where the CSC modified the penalty from
1088.
dismissal to
suspension. The erring civil servant was not exonerated,
and the finding of guilt still stood. In these situations, the Ombudsmanv.Capulong2
014
HolySpiritHomeownersAssociationv.Defensor
disciplinary authority should be
allowed to
appeal
the
modification
WON the CA has
jurisdiction
over
the
subject
matter and
can
grant
The Committee's authority to
fix
the
selling
price
of
the
lots
may
be ofthedecision.
reliefs, whether primary or incidental, after the Ombudsman has
likened to the rate-fixing power of administrative agencies. In case of liftedthesubjectorderofpreventivesuspension.
a delegation of rate-fixing power, the only standard which
the Woodenv.CSC
As a rule, it is the consistent and
general
policy
of
the
Court
not
to
legislature is required to prescribe for the guidance of the
As a general rule, factual findings of administrative agencies, interfere with the Ombudsman’s exercise of its investigatory and
administrative authority is that the rate be reasonable and
such as the CSC, that are affirmed by the CA, are conclusive prosecutorypowers.
just.
uponandgenerallynotreviewablebythisCourt. In the instant case, the subsequent lifting of the preventive
RCPIv.NTC However, this Court has recognized several exceptions to this rule, to suspension order against Capulong does not render the petition moot
wit: and academic. It
does not preclude
the
courts from passing upon the
Well-settled is the rule that the Public Service Commission now
is validity of
a preventive suspension order. Such order is interlocutory
1. when the findings are grounded entirely on speculation,
empowered to approve provisionally rates of utilities without the incharacterandnotafinalorderonthemeritsofthecase.
surmises,orconjectures;
necessityofapriorhearing.
2. when
the
inference
made
is
manifestly
mistaken,
absurd, or Here, the CA aptly ruled that the Ombudsman abused its
discretion
impossible; because it
failed
to
sufficiently establish
any
basis to issue the order
of preventive suspension. Capulong’s non-disclosure of his wife’s
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business interest does not constitute serious dishonesty or grave Euro-MedLaboratoriesv.ProvofBatangas substantial as to reasonably believe it to be true, a respondent in
a
misconduct. Nothing in the records reveals that Capulong deportation proceeding can seek judicial relief to
enjoin respondent
deliberately placed “N/A” in his SALN despite knowledge about his The doctrine
of
primary jurisdiction holds that if
a case
is
such
that BOCfromproceedingwiththedeportationcase.
wife’s business interest. As explained by Capulong, the SEC
already its determination requires the expertise, specialized training and
The
present
case
falls
within
the
exception
considering that
proof of
revoked the registration of the corporations where his wife was an knowledge of
an
administrative body, relief
must first be obtained in
their Philippine citizenship had been adduced, such as, the
incorporator;hence,hedeemeditnotnecessarytoindicateit. an administrative proceeding before resort to the courts is had even if
identification numbers issued by the Bureau of Immigration
the matter may well be within their proper jurisdiction. In such a
confirmingtheirPhilippinecitizenship.
case,thecourtinwhichtheclaimissoughttobeenforcedmay
F.F.Cruz&Cov.PhilippineIronConstructionandMarineWorks
In BOC v. Dela Rosa, it is required that before judicial intervention is
2017 1. suspend the judicial process pending referral of such
sought, the claim of citizenship of a respondent in a deportation
issuestotheadministrativebodyforitsviewor,
The
rule
is
that
the
Board of
Marine Inquiry’s findings are binding proceeding must
be
so
substantial that
there
are
reasonable grounds
and conclusive on the courts when it is supported by substantial 2. if the parties would
not
be
unfairly
disadvantaged,
dismiss tobelievethatsuchclaimiscorrect.
evidence. thecasewithoutprejudice.
In finding that
F.F.
Cruz
was negligent, the
BMI
clearly identified the This case is one over which the doctrine of primary jurisdiction SamarIIElectricCoopv.Seludo,Jr.2
012
evidentiary basis
in support of its conclusion. The CA cannot thus be clearlyheldsway.
Pursuant to
its
power of
supervision and control, the NEA is granted
faulted for relying on the BMI's factual findings to support its
own First, petitioner
was seeking the
enforcement of a claim for a certain the authority to conduct investigations and other similar
actions as
conclusion that F.F. Cruz was guilty of contributory negligence amount of money against an LGU. This brought the
case
within the well as to issue orders, rules and regulations with respect to all
becausesuchfindingsaresupportedbysubstantialevidence. COA's domain to pass upon money claims against the government matters affecting electric
cooperatives. Certainly, the matter as to the
With regard to the exoneration of AMC, however, the CA correctly underSection26oftheGovernmentAuditingCodeofthePhilippines. validity of the resolution issued by the Board of Directors of
disregarded certain portions of the BMI report because they were Second, petitioner's claim involved compliance with applicable SAMELCO II is a matter which affects the said electric cooperative
based entirely on conjecture instead of being grounded on substantial auditing laws and rules on
procurement. Such matters are not within and, thus, comes within the ambit of the powers of the NEA as
evidence. the
usual area of
knowledge, experience and expertise of most judges expressedinSections5and7ofP.D.No.1645.
but
within the
special competence of
COA auditors
and accountants. While the
RTC
has jurisdiction over the
petition for prohibition filed
Doctrineofprimaryadministrationjurisdiction Thus,itwasproperfortheRTCtodismisspetitioner'scomplaint. by respondent, the NEA, in the exercise of
its
power of
supervision
SpsAbejov.DelaCruz and control,
has
primary jurisdiction to determine the issue
of the
HeirsofVidadv.LBP2
010 validityofthesubjectresolution.
The dispute between the contending parties for control of the
corporation manifestly falls within the primary and exclusive In accordance with settled
principles of
administrative law,
primary Doctrineofexhaustionofadministrativeremedies
jurisdiction of the SEC in whom the law has reserved such jurisdiction is vested in the DAR to determine in a preliminary
jurisdiction as an administrative agency of special competence to manner the
just
compensation for the lands taken under the agrarian Garciav.CA
dealpromptlyandexpeditiouslytherewith. reform program, but such determination is subject to challenge Under the doctrine of exhaustion of administrative remedies,
before the courts. The
resolution of
just compensation cases for
the recourse through court action, cannot prosper until after all such
ProvofZamboangadelNortev.CA taking of lands under agrarian reform is, after all, essentially a administrative remedies would have first been exhausted. The
judicialfunction. doctrine does not
warrant a court to arrogate unto itself the authority
The doctrine of primary jurisdiction does not warrant a court to
arrogate unto itself the authority to resolve a controversy over the to resolve, or interfere in, a controversy the jurisdiction over which is
GawGuyv.Ignacio2
010 lodged initially with
an
administrative body,
like
the
PCA Board
and
jurisdiction over which is initially lodged with an administrative
bodyofspecialcompetence. its Investigation Committee, of special competence. The rule is an
Petitioners rely on Board of Commissioners (CID) v. Dela Rosa,
wherein this Court ruled that when the claim of citizenship is so
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element of petitioner's right of action, and it is too significant a available remedies at the administrative level as a precondition to the Paatv.CA
mandatetobejustwaylaidbythecourts. filing of a certiorari petition. Only upon the final resolution of the
protest can the aggrieved party be said to have exhausted the It
was
easy to perceive then that the private respondents looked up to
available remedies at the administrative level. In
other words, only the Secretary for the review and disposition of their case. By
Reginov.PangasinanCollegesofScienceandTechnology
then can he viably avail
of
the
remedy
of certiorari before the proper appealing to him, they acknowledged the existence of an adequate
First, the doctrine of exhaustion of administrative remedies has no courts. Non-compliance with this statutory requirement, under and plain remedy still available and open to them in the ordinary
bearing on the present case. Petitioner is not asking for the reversal of Section 58 of R.A.
No. 9184, constitutes a ground for the dismissal of course of the law. Thus, they cannot now, without violating the
the
policies of
PCST. Neither
is she demanding it to allow her to take theactionforlackofjurisdiction. principle of exhaustion of administrative remedies, seek court’s
herfinalexaminations. intervention by filing an action for replevin for the grant of their relief
Second, exhaustion of administrative remedies is applicable when duringthependencyofanadministrativeproceedings.
there is competence on the part of the administrative body to act
Exceptionst othedoctrineofexhaustionofadministrative
upon the matter complained of. Administrative agencies are not ITFoundationofthePhilippinesv.Comelec
remedies
courts. Specifically, the CHED does not have the power to award
The peculiar circumstances surrounding the unconventional
damages. 1) whenthereisaviolationofdueprocess,
rendition of the BAC Report and the precipitate awarding of the
Third, the exhaustion doctrine admits of exceptions, one of which 2) whentheissueinvolvedisp
urelya legalq
uestion, Contract by
the
Comelec en banc
— plus the fact that it was racing to
arises when the issue is purely legal and well within the jurisdiction 3) when the administrative action is
patently
illegal
amounting have
its
Contract with MPC implemented in
time for
the elections in
of
the
trial
court.
Petitioner’s action
for
damages inevitably calls
for tolackorexcessofjurisdiction, May 2004— have combined to bring about the urgent need for
the application and the interpretation of the Civil Code, a function that judicial intervention, thus prompting this
Court to dispense with the
4) when there is estoppel on the part of the administrative agency
fallswithinthejurisdictionofthecourts. proceduralexhaustionofadministrativeremediesinthiscase.
concerned,
BatelecIIElectricCoopv.EnergyIndustryAdministrationBureau 5) whenthereisirreparableinjury, Doctrineoffinalityofadministrativeaction
6) when the
respondent is a department secretary whose acts GR: Decision of administrative agencies must be final
In light of the doctrine of exhaustion of administrative remedies, a
motion for reconsideration must first be filed before the special as
an
alter ego
of
the
President bears
the implied and assumed beforeJudicialReview;
civilactionforcertiorarimaybeavailedof. approvalofthelatter, EXC:
The pivotal issue in this case of whether petitioner, not the NPC, 7) when to require exhaustion
of
administrative
remedies
would 1) Interlocutoryorders;
should supply the power needs of PSC requires a probe into the beunreasonable,
2) Toprotectrights;
technical and financial capability of petitioner to meet the 8) whenitwoulda
mounttoanullificationofaclaim,
3) ThereisaviolationoftheConstitution;
requirements of bulk power supply of
PSC
— a question of
fact,
the 9) when the subject matter is a private land in land case
determination of which is within the expertise of the Bureau. The 4) Thereisexcessiveuseofpower.
proceedings,
contention of petitioner that
the
issue is
on
pure question of
law is,
10) when the rule does not provide a plain, speedy and
therefore,hollow.
adequateremedy, XII.ELECTIONLAW
Dimson(Manila)v.LWUA2010 11) when there are circumstances indicating the urgency of
A.Suffrage
judicialintervention.
Moreover, it appears that compliance with the mandatory protest
12) inquowarrantop
roceedings; B.Politicalparties
mechanisms of the law is jurisdictional in character. Section 58
of
R.A. No. 9184 requires that there be exhaustion of the statutorily 13) whenthec laiminvolvediss mall; C.Candidacy
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D.Campaign and firearms laws, or any crime against national Inclusionandexclusionproceedings
security;
E.BoardofElectionInspectorsandBoardofCanvassers 1. The MTC shall
have
original
and
exclusive jurisdiction over all
c) Insaneorincompetentpersons.
casesofinclusionandexclusionofvoters.
F.Remedies Registrationanddeactivationofvoters 2. Decisions of
the
MTC
may
be
appealed to the RTC within five
Petitiontodenyduecoursetoorcancelcertificateof 1. Registration shall
be
daily
except
during the period starting (5)daysfromreceiptofnoticethereof.
candidacy 120 days before a regular election and 90 days
before
a 3. The
RTC shall
decide the appeal within ten (10) days from the
specialelection. time it
is
received
and the
decision
shall
immediately become
Petitionfordisqualification 2. Groundsford
eactivation: final and executory. No motion for reconsideration shall be
Failureofelection;callforspecialelection a) Anyofthegroundsfordisqualification; entertained.
b) Did not vote in the two (2) successive preceding 4. Petition for Inclusion may be filed at any time except 105 days
Pre-proclamationcontroversy
regular elections as shown by their voting records. For prior to
a regular election or 75 days prior to a special election.
Electionprotest this purpose, regular elections do not include the
SK Itshallbedecidedwithin15daysafteritsfiling.
elections; 5. Petition for Exclusion may be filed at any time except 100
Quowarranto
c) Registration has been ordered excluded by the
Court; days prior to a regular election or 65 days before a special
election.It shallbedecidedwithin10daysf romitsfiling.
and
A.Suffrage d) LosthisFilipinocitizenship. 6. The challenge to the right to register is administrative and
Sec1ArtV.Suffragemaybeexercisedby filed with the ERB, whereas petitions for inclusion or
e) Fails to
submit for
validation on or before the last day
exclusion pertains to
the
right to
vote, is judicial in nature and
1) allcitizensofthePhilippines, of
filing of
application for
registration for purposes of lodgedwiththeMTC.
2) nototherwisedisqualifiedbylaw, theMay2016elections.
7. A decision in an exclusion proceeding would neither be
3) whoareatleast18yearsofage,and KabataanParty-Listv.Comelec2015EnBanc conclusive on the voter's political status, nor bar
subsequent
4) who shall have resided
in
the
Philippines
for
at
least
one proceedings on
his right
to be registered as a voter in any other
1. The
right to
vote is
not
a natural
right
but
is
a right created by
year and
in
the
place
wherein they
propose
to
vote,
for at election.ItisnotresjudicataastotheComelec.
law. Suffrage is a privilege granted by the State to such
leastsixmonthsimmediatelyprecedingtheelection. persons or classes as are most likely to exercise it
for
the 8. The jurisdiction of the lower court over exclusion cases is
No literacy, property, or
other
substantive
requirement
shall publicgood. limited only to determining the right
of
the
voter
to
remain in
beimposedontheexerciseofsuffrage. the list of voters or
to
declare
that the
challenged voter
is
not
2. Registration regulates the exercise
of
the right of suffrage.
qualified to vote in the precinct in which he is registered,
Qualificationanddisqualificationofvoters It
is
not
a
qualification for such right. As a form of regulation,
specifyingthegroundofthevoter'sdisqualification.
compliancewiththeregistrationprocedureisdutifullyenjoined.
1. Thefollowingared
isqualifiedfromvoting: 9. Inclusion/exclusion proceedings, while judicial in character,
3. The process of registration is a procedural limitation on the
a) Sentenced by final judgment to suffer imprisonment are summary proceedings. A decision therein does not
righttovote.
fornotlessthano
neyear; operate as
a bar
to
any future action in any other election that a
4. Thus, the biometrics validation requirement is not a party may take concerning his right
to
be
registered as a voter.
b) Adjudged by final judgment by competent court or
"qualification" to
the
exercise
of
the
right
of
suffrage, but a mere (Dominov.Comelec)
tribunal of having committed any crime involving
aspect of the registration procedure, of which the State has the
disloyalty to
the
duly
constituted
government such as
righttoreasonablyregulate.
rebellion, sedition, violation of the anti-subversion
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Localandoverseasabsenteevoting 2. Members of the board of election inspectors and their the general conduct of government. (Atong Paglaum v.
substitutes:
Provided, That they are registered voters within the Comelec2013EnBanc)
OverseasAbsenteeVoters
province,cityormunicipality. JurisdictionoftheComelecoverpoliticalparties
1. All citizens of the Philippines abroad, who are not otherwise
3.Members of media, media practitioners, including the
disqualified by law, at least 18 years of age on the day of Atienza,Jrv.Comelec2010EnBanc
technicalandsupportstaff.
elections, may vote for President, VP, Senators and
AdditionalNotes 1. The validity or invalidity of Atienza, et al.'s expulsion was purely
Party-List Representatives, as well as in all national
a
membership issue that had to be settled within the party. It is
referendaandplebiscites. 1. AbsenteevotersmayonlyvoteforNationalPositions.
an internal party matter over which the COMELEC has no
2. Disqualifications: 2. An Illiterate or PWD may vote through an assistor who
may jurisdiction.
a) Thosewhohavel osttheirFilipinocitizenship; eitherbe
2. COMELEC's powers and functions under Section 2, Article IX-C of
b) Those who have expressly renounced their a) Arelativewithinthe4thcivildegree; the Constitution, "include the ascertainment of the identity of the
Philippine citizenship and who have pledged b) Aconfidantwhobelongstothesamehousehold;OR politicalpartyanditslegitimateofficersresponsibleforitsacts."
allegiance to a foreign country, except those who 3. COMELEC's power to register political parties necessarily
c) ABEImember.
have reacquired or retained their Philippine involved the determination of the persons who must
act on its
citizenshipunderRA9225; 3. An
assistor,
except
for
a BEI
member, may
only
assist
up
to
3
behalf. Thus, the COMELEC may resolve an intra-party
times.
c) Those who have committed and are convicted in a leadership dispute, in a proper case brought before it, as an
final
judgment by a Philippine court or tribunal of an Detaineevoting incidentofitspowertoregisterpoliticalparties.
offense punishable by imprisonment of not less
than Under
Section 2,
Rule
1 of
COMELEC Resolution No. 9371, Persons
one(1)year;and Registrationofpoliticalparties
DeprivedofLiberty(PDLs)whomayvotearethose:
d) Previouslydeclaredinsaneorincompetent. ArtIX-CSec2(5).Thefollowings hallberefusedregistration:
1) confined in jail, formally charged for any crime/s and
awaiting/undergoingtrial;or 1. Religiousdenominationsandsects;
LocalAbsenteeVoters
2) serving sentence of imprisonment for less than one
(1) 2. Those which seek
to
achieve
their
goals
through
violence
1. Members of
the
AFP and PNP and other government officers
year,or orunlawfulmeans;
and employees who are duly registered voters and who, on
election day, may temporarily be
assigned in
connection with 3) whoseconvictionisonappeal. 3. Those who refuse to uphold and adhere to this
the
performance of election duties to a place where they are not Constitution,or
SeeCOMELECResolutionNo.10482.
registeredvoters. 4. Thosewhicharesupportedbyanyforeigngovernment.
B.PoliticalParties
A political party refers to an organized group of citizens
advocating an
ideology or platform, principles and policies for
C.Candidacy
whoserved
atleast4
Position Allocation Citizenship Age Res Reg Literacy Term Limit years.
Ineligible 2
forany VP 1,National Natural-Born 40 10 PH ATRW 6
President 1,National Natural-Born 40 10 PH ATRW 6 consecutive
election;
Successor Senator 24,National Natural-Born 35 2 PH ATRW 6 2
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consecutive HUC,ICC, Cityor ATRW+ 3
Mayor Filipino 21 1 3
Municipality Muni Filipino consecutive
20%ofHR;
Party-List 3
Maxof3per Natural-Born 251 1 PH ATRW 3 HUC,ICC, Cityor ATRW+ 3
Representative consecutive ViceMayor Filipino 21 1 3
PL Municipality Muni Filipino consecutive
District 1,Legislative 3 Member,
Natural-Born 25 1 District ATRW 3 8,10or12, Cityor ATRW+ 3
Representative District consecutive Sangguniang Filipino 18 1 3
HUC,ICC Muni Filipino consecutive
Panlungsod
ARMM 2
1,Regional Natural-Born 35 5 ARMM ATRW 3
Governor consecutive Member,
8, ATRW+ 3
Sangguniang Filipino 18 1 Muni 3
Municipality Filipino consecutive
ARMMVice 2 Bayan
1,Regional Natural-Born 35 5 ARMM ATRW 3
Governor consecutive
Punong ATRW+ 3
1,Barangay Filipino 18 1 Brgy 3
ARMM 24,Regional; 2 Barangay Filipino consecutive
Natural-Born 21 5 District ATRW 3
Assemblyman 3perDistrict consecutive
ATRW+ 3
Kagawad 7,Barangay Filipino 18 1 Brgy 3
ATRW+ 3 Filipino consecutive
Governor 1,Provincial Filipino 21 1 Province 3
Filipino consecutive
Sangguniang 18- ATRW+
ATRW+ 3 Kabataan 1,Barangay Filipino 1 Brgy 3 Silent
ViceGovernor 1,Provincial Filipino 21 1 Province 3 Chairperson 24 Filipino
Filipino consecutive
Member, Sangguniang 18-
ATRW+ 3 ATRW+
Sangguniang 2perDistrict Filipino 21 1 District 3 Kabataan 7,Barangay Filipino 1 Brgy 3 Silent
Filipino consecutive Members 24 Filipino
Panlalawigan
Legends: ICC:IndependentComponentCity
1
Butnotmorethan30forYouthsector ATRW:AbletoReadandWrite
HUC:HighlyUrbanizedCity FilipinooranyotherLocalDialect
Qualificationsanddisqualificationsofcandidates b. Age.—Mustbepossessedonthedayofelection. 1) Actualremovalorchangeofdomicile;
Qualifications
c. Residence 2) Animus non revertendi with definite corresponding
acts;AND
a. Citizenship 1. Forpurposesofelectionlaw,itissynonymouswithdomicile.
3) Purpose to remain must be for an indefinite time,
1. Must be
possessed
at
the
time he is proclaimed and at the start 2. To
abandon
or
reacquire domicile of origin, the following must
voluntaryandactual.
ofterm. concur:
4. ToestablishNEWdomicile:
2. Repatriation of
a former
Filipino
under
RA 9225 allows him to 1) Bodilypresenceinnewlocality;
recover his natural-born citizenship upon taking an oath of 1) Actualremovalorchangeofdomicile;
2) Animusmanendi;A
ND
allegiance. 2) AnimusnonrevertendiANDanimusmanendi;AND
3) Animusnonrevertendi.
3. Those who seek public office must ALSO make a personal 3) Actswhichcorrespondwiththepurpose.
andswornrenunciationofotherforeigncitizenship. 3. ToabandonanOLDdomicile:
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5. Evidence must engender the kind of permanency required to 5) Fugitivesfromjustice; But while the totality of
the
evidence may not establish conclusively
proveabandonmentofone'soriginaldomicile. 6) Permanentresidentsinaforeigncountry; that FPJ is a natural-born citizen, the evidence on hand still would
d. RegistrationasVoter.—A
candidateshouldbearegistered preponderate in his favor enough to hold that he cannot be held guilty
7) Insaneorfeeble-minded.
of having made a material misrepresentation in his certificate of
voteratthetimeoffilingofCOC.
VacancyandSuccession
candidacyinviolationofSection78oftheOEC.
e. Literacy.—S implymeansabilitytoreadandwrite.
Position Remedy
Disqualifications Quintov.Comelec2
010ResolutionEnBanc
UndertheOEC VPsucceeds,eitherpermanentlyorinanacting
President The
deemed-resigned
provisions
substantially serve governmental
capacity.
1) Insanityorincompetence; interestsi.e.,
2) Sentenced by final judgment for subversion, insurrection, PresidentnominatesfromCongress; 1. efficient civil service faithful to the government and the
VP Congressconfirmsbymajorityvotevoting peopleratherthantoparty;
rebellion;
separately.
3) Sentenced to a penalty of more than
eighteen
months
or
for
a 2. avoidance of the appearance of "political justice" as to
crimeinvolvingmoralturpitude. Senator Specialelectionheldatthenextregularelection. policy;
4) Convictionbyfinaljudgmentfor: 3. avoidanceofthedangerofapowerfulpoliticalmachine;and
Party-List Nextnomineesucceeds.Ifthe5-manlistis
a) Bribery; Representative exhausted,nominatemore. 4. ensuring that employees achieve advancement on their
merits and that they be free from both coercion and the
b) Actsofterrorismtoenhancecandidacy; SpecialElectionprovidedt hevacancyoccurredat
District prospectoffavorfrompoliticalactivity.
c) Excessincampaignexpenditure; least1yearbeforetermexpirationanditbeheld
Representative These are interests that are important enough to outweigh the
60-90daysafteroccurrence.
d) Solicited,receivedormadeanyprohibitedcontributions; non-fundamental right
of
appointive officials
and
employees to
seek
e) ViolationoftheOEC.
Filingofcertificatesofcandidacy electiveoffice.
5) Permanent resident of or an immigrant to a foreign country Effectoffiling Substitutionandwithdrawalofcandidates
unlesshehaswaivedsuchstatus. Salcedov .Comelec
A
person can file multiple CoCs. However, before the deadline of the
6) Nuisancecandidates;and In case there is a material
misrepresentation in
the
certificate
of filing of
CoC,
he must ensure that he retains one CoC and withdraws
7) FalsematerialrepresentationintheCOC. candidacy, the Comelec is authorized to deny due course to or all the other. Otherwise, he will
be
disqualified from
all
positions
cancel such certificate upon the filing of a petition by any
person. filed.(Gov.Comelec)
UndertheLGC
The material misrepresentation contemplated by Section 78 of the Sinacav.Mula
1) Sentenced by final judgment for an offense involving moral Codereferstoqualificationsf orelectiveoffice.
turpitude
or
for
an
offense
punishable by
one (1) year or more Itisnecessary,amongothers,thatthes ubstitutec andidate
Aside from the requirement of materiality, a false representation
ofimprisonment,withintwo(2)yearsafterservingsentence; 1. must be of the same political party as the original
must consist of a "deliberate attempt to
mislead, misinform, or
2) Removedfromofficeasaresultofanadministrativecase; hide a fact which would otherwise render a candidate ineligible." candidateand
3) Convicted by
final
judgment
for
violating the oath of allegiance The use of a surname, when
not
intended
to
mislead or
deceive
the 2. mustbedulynominateda ssuchbythepoliticalparty.
totheRepublic; publicastoone'sidentity,isnotwithinthescopeoftheprovision.
Even the fact
that
EMMANUEL only became
a member of
the
LAKAS
4) Dual citizenship. — Continued use of foreign passport after party after the disqualification of TEODORO, will not affect the
Tecsonv.ComelecReMaterialMisrepresentation validityofthesubstitution.
renunciation negates the oath and renounces the
renunciation.
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The decision as to which member a party shall nominate as its All told, a disqualified
candidate
may
only
be
substituted
if
he been denied due
course
to
and/or
cancelled under
Section
78
candidateisapartyconcernwhichisnotcognizablebythecourts. hadavalidcertificateofcandidacyinthefirstplace. isdeemedtohavenotbeenacandidateatall.
Section 77 requires that there be an "official candidate" before
Viverov.COMELEC Federicov.Comelec2013EnBanc candidate substitution proceeds. Thus, whether the ground for
substitution is death, withdrawal or disqualification of a
Form – written declaration under oath. There was no withdrawal Federico’ssubstitutionofEdnaSanchez candidate, the said
section unequivocally states that only an official
of candidacy for the position of mayor where the candidate, before asmayoraltycandidatewasnotvalid candidateofaregisteredoraccreditedpartymaybesubstituted.
the deadline for filing
certificates of
candidacy, personally appeared When Batangas Governor Armando Sanchez died on
April 27, 2010,
in the COMELEC office, asked for his certificate of candidacy and Edna withdrew her candidacy as mayor and substituted her late Nuisancecandidates
intercalated the
word “vice” before the word mayor and the following husband as gubernatorial candidate for the province on April 29. By AnuisancecandidateisonewhofilesaCOC
day wrote the election registrar
saying that
his
name be
included in fielding Edna as their substitute candidate for Governor, the party
thelistofofficialcandidatesformayor. 1) toputtheelectionprocessinmockeryordisreputeor
knew that she had
to
withdraw her candidacy for Mayor. Considering
that the deadline for substitution in case of withdrawal had
already 2) tocauseconfusionamongthevoters
Ramirezv.COMELEC lapsed, no person could substitute her as
mayoralty candidate. The a) by the
similarity
of
the
names
of the registered candidates
Since his certificate of
candidacy for
the office of board member was sudden death of then Governor Sanchez and the
substitution by his or
filed by his
party,
and the said
party
had withdrawn the
nomination widow in the gubernatorial race could not justify a belated
b) by
other circumstances or
acts
which clearly
demonstrate
which withdrawal was confirmed by
the
candidate under oath,
there substitutioninthemayoraltyrace.
that
the
candidate has no bona fide intention to run. (Sec
was substantial compliance with Sec. 73. His filing under oath within Without question, the votes garnered by Edna could not be credited to 69OEC)
the
statutory period of
his individual certificate for candidacy for the Federico as he was never a legitimate candidate. As there was an
Pamatongv.Comelec
separate office of mayor was, in effect, a rejection of the party invalid substitution, there could not be a valid proclamation. In
nominationonhisbehalffortheofficeofboardmember. effect,thesecondCOCVPinhisnamehadnolegalbasis. The
question
of
whether a candidate is a nuisance candidate or not is
bothlegalandfactual.
Tagolinov.HRET2
013EnBanc
Villanuevav.COMELEC
AdisqualificationcaseunderSection68ofOECishingedoneither: Martinezv.HRET2
010EnBanc
The fact that Mendoza's withdrawal was not sworn is but a
technicality which
should
not
be
used
to
frustrate the people's a) a
candidate's
possession of
a permanent
resident status in a The
declaration of
a duly
registered
candidate
as
nuisance
candidate
willinfavorofpetitionerasthesubstitutecandidate. foreigncountry,or resultsinthecancellationofhiscertificateofcandidacy.
b) hisorhercommissionofcertainactsofdisqualification. A nuisance candidate is thus defined as one who, based on the
Mirandav.Abaya Anent the
latter,
the
prohibited
acts
under Section 68 refer to election attendant circumstances, has no bona fide intention to run for the
offenses under the
OEC.
One
who is
disqualified
under Section 68 is office for which the certificate of candidacy has
been filed,
his
sole
Under the express provisions of
Section 77
of the
Code,
not
just
any
stilltechnicallyconsideredtohavebeenacandidate. purpose being
the reduction of
the votes
of
a strong candidate, upon
person, but only
"an
official candidate of
a registered or accredited
the expectation that ballots
with only the
surname of such candidate
political party" may be substituted. A person without a valid A
denial of due course to and/or cancellation of a CoC proceeding
willbeconsideredstrayandnotcountedforeitherofthem.
certificate of candidacy cannot be considered a candidate in under Section 78 of the OEC is premised on a person's
much the same way as any person who has not filed any certificate of Ballots indicating only
the similar surname of two (2) candidates for
misrepresentation of any of the material qualifications required
for
candidacy at all can not, by any stretch of the imagination, be a the elective
office aspired
for.
It
is
not enough that a person lacks the the same position may, in appropriate cases,
be
counted in favor
of
candidateatall. relevant qualification; he or she must have also made a false the
bona fide
candidate and not
considered stray, even
if
the other
representation of the same in the CoC. A person whose CoC had
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candidate was declared
a nuisance
candidate
by
final
judgment
after Effectofdisqualification 7. A person can file multiple CoCs. However, before the
theelections. 1. Aside from CARRL, other substantial qualification of
a person deadline of
the
filing
of CoC, he must ensure that he retains one
in filing his CoC is that
he certifies
that
he
is
not
ineligible to CoC and withdraws all the other. Otherwise, he will be
Zapantav.Comelec2019EnBancLeonen,J runduetocausessuchas: disqualifiedfromallpositions.
a) Perpetualdisqualification; 8. The declaration of a duly registered candidate as nuisance
The 2018 En Banc case of Santos clarified that in a multi-slot
office, the COMELEC must not merely apply a simple mathematical candidateresultsinthecancellationofhisCOC.
b) Barredby3-termLimitRule;
formula of adding the votes of the nuisance candidate to the 9. In a special election, should there be a lone candidate, he
c) Sentenced by final judgment for a crime involving
legitimate candidate with the similar name. To apply such simple shall be proclaimed without the need to proceed with the
moralturpitude;
arithmetic might lead to the double counting of votes because there election.
may be ballots containing votes for both nuisance and legitimate 2. It is the ministerial
duty
of
the
Comelec
to
receive
COCs
that
10. In regular elections, the lone candidate only needs 1 vote to
candidates. In
those
ballots that contain both
votes for nuisance and ontheirfaceappearstobedulyaccomplished.
win.
legitimate candidate, only one count of
vote must be credited to the 3. Appointive officials
are
deemed-resigned upon
filing
of
CoC.
legitimatecandidate. Doesnotapplytoelectiveofficials(Q
uintov.Comelec) D.Campaign
The
legal
standing
of unaffected candidates in a nuisance petition has 4. In case there is a material
misrepresentation in the
certificate "Election campaign" or “partisan political activity" refers
alreadybeensettledinS antos: of candidacy, the Comelec is
authorized to
deny due
course to to an
act
designed
to
promote the
election
or
defeat
of
a particular
In
a petition for disqualification of a nuisance candidate, the only or cancel such certificate upon the filing of a petition by
any candidateorcandidatestoapublicoffice.
real parties in interest are the alleged nuisance candidate, the person.
Prematurecampaigning
affected legitimate candidate, whose names are similarly DenyDueCourse/
confusing. Asto Disqualification ElementsofPrematureCampaigning:
CancelCoC
1) a person engages
in
an
election
campaign
or
partisan
political
Marquezv.Comelec2019EnBanc Reason Ineligibilityofcandidate Material activity;
duetocommissionof misrepresentationof
We find that the COMELEC committed grave abuse of discretion in prohibitedacts. qualificationsintended 2) the act is designed to promote the election or defeat of a
declaring Marquez a nuisance candidate
on
the
ground of
failure
to todefraud particularcandidateorcandidates;
prove financial capacity
to sustain
the
financial rigors of waging a 3) theactisdoneoutsidethecampaignperiod.
nationwidecampaign. Attacks TheCandidate TheCoC
Penerav.COMELECResolution
Maquera v.
Borra, already declared that
the
right
to
vote
and to be Effect VotesforDQedcandidate Notcandidatetobegin
voted for shall not be made to depend upon the wealth of the consideredS TRAYvotes with Reversal of the previous Decision. — A candidate
is
liable
for
an
candidate. The COMELEC's burden is thus to show a reasonable election offense only for acts done
during
the
campaign period,
not
correlationbetween Substitution ALLOWED NOTALLOWED
before.
1. proofofabonafideintentiontorun,ontheonehand,and 2ndPlacer Doesnotwin.Succession WINS
Prohibitedcontributions
2. proof of financial capacity to wage a nationwide orappointmentapplies.
No
contribution for purposes of partisan political activity shall be made
campaignontheother. 5. Grounds for substitution are death, withdrawal or
directlyorindirectlybyanyofthefollowing:
disqualificationofacandidate.
1. PublicorprivatefinancialinstitutionsE
XCL
oans;
6. A
candidate
must
personally
appear before the proper Comelec
2. Natural and juridical persons operating a public utility or in
Officetow
ithdrawh
iscandidacy.
possessionoforexploitinganynaturalresourcesofthenation
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3. Natural and juridical persons who hold contracts or
5. A content-based regulation, however, bears a heavy d. The incidental restriction on freedom of expression
subcontracts to
supply
the
government or
any
of
its divisions,
presumption of
invalidity and is measured against the clear and is
no greater
than
is
essential to the furtherance of
subdivisions or
instrumentalities,
with
goods or services or to
present danger rule. The latter will pass constitutional muster thatinterest.
performconstructionorotherworks;
only if justified by a compelling reason, and the restrictions 3. The COMELEC's constitutionally delegated powers of
4. Natural and juridical persons who have been g ranted imposedareneitheroverbroadnorvague. supervision and regulation do not extend to the ownership
franchises, incentives, exemptions, allocations or similar
6. There is
no
compelling and substantial state interest endangered per se
of
PUVs
and transport terminals, but only to the franchise
privilegesorconcessionsbythegovernment;
by the posting of the tarpaulin as to justify curtailment of the orpermittooperatethesame.
5. Natural and juridical
persons
who,
within one year prior to the right of
freedom of expression. The size of the tarpaulin does not 4. The posting of election campaign material on
vehicles used for
date of the election, have been granted loans or other affectanyoneelse’sconstitutionalrights. public transport or
on
transport
terminals is
not
only
a form of
accommodationsinexcessofP100Kbythegovernment;
7. Content-based restraint or censorship refers to restrictions political expression, but also an act of ownership - it has
6. Educational institutions which have received grants of
public “based on the subject matter of the utterance or speech.” In nothingtodowiththefranchiseorpermittooperatethePUV.
fundsamountingtonolessthanP100K; contrast, content-neutral regulation includes controls merely 5. A government regulation based on the captive-audience
7. Officials or
employees
in
the
Civil
Service,
or
members
of
the on
the incidents of
the
speech such
as time,
place, or
manner of doctrine may not
be
justified if the supposed "captive audience"
AFP;and the speech. The
regulation involved at
bar
is
content-based. may avoid
exposure to
the
otherwise intrusive
speech. Here, the
The tarpaulin content is
not easily divorced from the size of commuters are not forced or compelled to read the election
8. Foreignersandforeigncorporations.
itsmedium. campaignmaterialspostedonPUVsandtransportterminals.
Lawfulandprohibitedelectionpropaganda
6. In
sum, Section
7(g) items (5) and (6), in relation to Section 7(f),
Adiongv.COMELEC 1-UTAKv.Comelec2
015EnBanc
of Resolution No. 9615 violate the free speech clause; they are
The COMELEC's prohibition on posting of decals and stickers on 1. Section 7(g) items (5) and (6), in relation to Section 7(f), of content-neutral regulations, which are not within the
"mobile" places
whether public
or
private except in designated areas Resolution No. 9615 unduly infringe on the fundamental right of constitutional power of the COMELEC to issue and are not
provided for
by the COMELEC itself is null and void on constitutional the
people to
freedom of
speech. Central to the prohibition is the necessary to further the objective
of ensuring equal time,
space
grounds. freedom of individuals, i.e., the owners of PUVs and private and opportunity to the candidates. They are
not
only repugnant
transport terminals, to express their preference, through the to the free speech clause, but are also violative of the equal
D
ioceseofBacolodv.Comelec2
015EnBancLeonen,J posting of election campaign material in their property, and protection clause, as there is no substantial distinction
convinceotherstoagreewiththem. between owners of
PUVs and
transport terminals and owners of
1. This case concerns the right of petitioners, who are privatevehiclesandotherproperties.
non-candidates, to
post
the
tarpaulin
in their private property, as 2. A content-neutral regulation is constitutionally permissible,
anexerciseoftheirrightoffreeexpression. even if it restricts the right to free speech, provided that the
GMAv.COMELEC2014EnBanc
followingr equisitesc oncur:
2. COMELEC does
not
have the authority to
regulate
the
enjoyment
a. The government regulation is within the The assailed rule on “aggregate-based” airtime limits is
of the preferred right to freedom of expression exercised by a
constitutionalpoweroftheGovernment; unreasonable and arbitrary as it
unduly
restricts
and
constrains the
non-candidate.
ability of candidates and political parties to reach out and
3. Election propaganda refers
to
matters
done
by
or
on
behalf
of b. It furthers an important or substantial governmental
communicatewiththepeople.
andincoordinationwithcandidatesandpoliticalparties. interest;
4. Every citizen’s expression with
political
consequences
enjoys
a c. The governmental interest is unrelated to the NPCv.COMELEC
highdegreeofprotection. suppressionoffreeexpression;and
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Section 11 (b) does not purport in any way to restrict the reporting by R.A. No. 9006 explicitly directs that broadcast advertisements c. Members of the Commission-accredited citizen arms
newspapers or radio or television stations
of
news
or
news-worthy donated to
the candidate shall not be broadcasted without the written or other civil society organizations and NGOs duly
events relating to candidates, their qualifications, political parties acceptanceofthecandidate. accreditedbytheCommission;and
and programs of government. Moreover, Section 11 (b) does not The phrase “those incurred or caused to be incurred by the candidate” d. Any registered voter of the city or municipality of
reach commentaries and expressions of belief or opinion by is sufficiently adequate to cover those expenses which are known integrity and competence who is not connected
reporters or
broadcasters or
editors
or
commentators or columnists contributed or donated on the candidate’s behalf. By virtue of the withanycandidateorpoliticalparty.
in respect of candidates, their qualifications, and programs and so legal requirement that a contribution or donation should bear the Powers
forth, so
long at least as such comments, opinions and beliefs are not written conformity of
the
candidate, a contributor/ supporter/ donor
infactadvertisementsforparticularcandidatescovertlypaidfor. Section
168. Powers of
the board of election inspectors. — The
certainly qualifies as “any person authorized by such candidate or
treasurer.”U bilexnondistinguit,necnosdistingueredebemus. boardshallhavethefollowingpowersandfunctions:
Limitationsonexpenses
1. Conduct the voting and counting of votes in their
Section 13. RA 7166. Authorized Expenses of Candidates and Pilarv.COMELEC respectivepollingplaces;
Political Parties. — The agreement amount that a candidate or
2. Act
as
deputies of
the
Commission in
the
supervision and
registered political party
may
spend
for
election campaign shall be Section 14 of RA 7166 states that "every candidate" has the
obligationtofilehisstatementofcontributionsandexpenditures. control of the election in the polling places wherein they
asfollows:
are assigned, to assure the holding of the same in
a free,
a) For
candidates. — P10.00 for President and
VP;
and
for other The term "every candidate" must be deemed to refer not only to a
orderlyandhonestmanner;and
candidates P3.00 for every voter currently registered in the candidate who pursued his
campaign, but
also
to
one who withdrew
3. Performsuchotherfunctions.
constituency where he filed his certificate of candidacy. A hiscandidacy.
candidate without any political party and without support from Pangandamanv.COMELEC
any political party may be allowed to spend P5.00 for every E.BoardofElectionInspectorsandBoardof
suchvoter;and Canvassers The insistence of
petitioner that
the COMELEC violated Sections 166,
170, 175 and 176 of the OEC when it ordered elements of the AFP and
b) For political parties. — P5.00 for every voter currently Composition
the
PNP who are not assigned to the affected areas as members of the
registered in the constituency or constituencies where it has 1. No
person shall serve
as chairman or member of the Electoral BEI is likewise unconvincing vis-à-vis the underlying reason
of
the
officialcandidates. Boardifheisrelatedwithinthefourthcivildegreeto Comelec to have an effective and impartial military presence "to
Statementofcontributionsandexpenses a. anymemberoftheboardofelectioninspectorsor avoidtheriskofanotherfailureofelections."
Section 14. Statement of Contributions and Expenditures: Effect b. to
any
candidate
to
be
voted
for in the polling place or
of Failure to File Statement. — Every candidate and treasurer of Masturav.COMELEC
hisspouse.
the political party
shall,
within
thirty (30) days after the day of the COMELEC can suspend the canvass of votes pending its inquiry
2. Those convicted with finality of any criminal offense
election, file in duplicate with the offices of the Commission the whether there exists a discrepancy between the various copies of
punishable by at least 6 months imprisonment or have a
full, true and itemized statement of all contributions and election returns from the disputed voting centers. Corollarily, once
pendingelectoraloffensec aseareDQed.
expendituresinconnectionwiththeelection. the election
returns were found
to
be
falsified
or tampered
with, the
3. Should there be a lack of public school teachers willing,
No person elected to
any public offices shall
enter upon
the duties COMELEC can annul the illegal canvass and order the Board of
available or qualified to serve, the Commission may instead
of his office until he has filed the statement of contributions and Canvassers to reconvene and proclaim the winners on the basis of the
appointthefollowingpersonsinthisorderofpreference:
expenditureshereinrequired. genuine returns or, if it should refuse, replace the members of the
a. Privateschoolteachers; boardorproclaimthewinnersitself.
Ejercitov.COMELEC2
014EnBanc b. Nationalgovernmentemployees;
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The function of a canvassing board in the canvass of
the
returns is The COMELEC En Banc properly disqualified Barbara Ruby from questioning his eligibility, we held in Velasco v. Comelec that
the
purely ministerial in nature. Equally ministerial, therefore, is the assuming the position
of
Mayor of
Lucena City.
To
begin with,
there COMELEC's jurisdiction to deny due course to and cancel a COC
function of the Commelec, in the exercise of its
supervisory power was no valid candidate for her to substitute due to Ramon’s continues.
over said Board. So long as the election returns have been ineligibility. Also, Ramon did not voluntarily withdraw his CoC Moreover, we held in Fermin v.
Comelec that
the
Court
has already
accomplished in due form, the Board, and on appeal therefrom, the beforetheelectionsinaccordancewithSection73oftheOEC. likened a proceeding under Section 78
to a quo warranto proceeding
Comelecmustincludesaidreturnsinthecanvass. A permanent vacancy in the office of Mayor of Lucena City thus under Section 253 of the OEC since they both deal with the eligibility
resulted, and such vacancy should be filled pursuant to
the
law on or
qualification of
a candidate, with the distinction mainly in the fact
F.Remedies successiondefinedinSection44oftheLGC. that a "Section 78" petition is filed before proclamation, while a
Petitiontodenyduecoursetoorcancelcertificateof petition for
quo warranto is
filed after proclamation of the winning
Maquilingv.COMELEC2013EnBanc candidate.
candidacy
We held in Francisco v. Comelec that the COMELEC can be the
⭐Arateav.Comelec2012EnBanc Arnado was
a dual
citizen disqualified to run for public office based
onSection40(d)oftheLGC. proper body to make the pronouncement against which the
truth
or
Antipolo, the alleged "second placer," should be proclaimed Mayor falsity of
a material representation in
a COC can
be measured. As we
With Arnado being
barred
from even becoming a candidate,
his
COC
because Lonzanida's certificate of candidacy was void ab initio. In held in Aratea, a violation of the three-term limit rule is an
short,
Lonzanida was
never a candidate at all. All votes for Lonzanida is thus rendered void from the beginning. Arnado being a ineligibility affecting the qualification of a candidate to elective office
were stray votes. Thus, Antipolo, the only qualified candidate, non-candidate, the votes cast in his favor should not have been and the misrepresentation of such is a ground to grant the petition
actually garnered the highest number of votes for the position of counted. This leaves Maquiling as the qualified candidate who todenyduecoursetoorcancelaCOC.
Mayor. obtained the highest number of votes. Therefore, the rule on
The rule on succession under Section 44 of RA 7160 would not
successionundertheLGCwillnotapply.
All the offenses mentioned in Section 68 refer to election offenses apply if
the
permanent vacancy was
caused by one whose COC
was
under the Omnibus Election Code, not to violations of other penal voidabinitio.
Chuav.COMELEC2016LeonenEnBanc
laws. There is absolutely nothing in the
language of
Section 68
that
would justify including violation of the three-term limit
rule, or The rule on succession under Section 45, however, would not apply if Petitionfordisqualification
conviction by final judgment of the crime of falsification under the the permanent vacancy was caused by one
whose COC was
void
ab ⭐Franciscov.Comelec2
018EnBanc
RPC, as one of the grounds or offenses covered under Section 68. initio. Specifically with respect
to
dual
citizens,
their
COCs
are
void Whether or not the COMELEC acted in
grave
abuse of discretion in
Clearly, the
violation by Lonzanida of the three-term limit rule, or his abinitio. ruling that a petition for disqualification under Sec. 68 of
the
OEC
conviction by final judgment of the crime of falsification under the In cases of vacancies caused by
those with
void
ab
initio COCs,
the cannot prosper without a prior judgment finding the respondent
RPC,doesnotconstituteagroundforapetitionunderSection68. person legally entitled
to
the
vacant position would
be the candidate guiltyofanelectionoffense.
Even without a petition under Section 78 of the Omnibus Election whogarneredthen exthighestnumberofvotesa mongeligibles. YES. Petitioner is correct in his contention
that
a prior
judgment is
Code, the COMELEC is under a legal
duty to
cancel
the
certificate
of not a precondition to filing a Petition for Disqualification.
candidacy of anyone suffering from perpetual special disqualification Haliliv.COMELEC2019EnBanc Nevertheless, the petition must necessarily fail for lack of substantial
to run for public office by virtue of a final judgment of
conviction. evidence to establish that
private respondent committed an
election
The final
judgment of conviction is judicial notice to the COMELEC of It has already been ruled in Latasa v. Comelec, that the conversion of
a municipality into a city does
not
constitute
an
interruption of
the offense.
thedisqualificationoftheconvictfromrunningforpublicoffice.
incumbentofficial'scontinuityofservice. Contrary to Poe, the Court categorically rules herein that the
Contrary to Morales' argument that since he had been proclaimed and COMELEC can
be the proper body to make the pronouncement
Talagav.COMELEC2012EnBanc
had
assumed office
as
mayor in 2016, disputes as to his COC became against which the truth or
falsity
of
a material
representation
moot and the proper remedy is to file a quo warranto proceeding inaCOCcanbemeasured.
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b) Election in any polling place had been suspended
Apredicatejudgmentisnotrequiredin Solivav.COMELEC
beforecloseofvoting;and
PetitionsforDisqualification
We agree with
the findings of the COMELEC that there was a failure of
c) After voting and during
preparation
and
transmission
The quantum of proof necessary in election cases is, as in all election in
the
municipality of RTR,
as
the
counting of
the votes and
ofelectionreturnsorintheircustodyorcanvass;
administrative cases, substantial evidence. To impose prior the
canvassing of
the
election returns was clearly
attended by
fraud,
conviction of
an
election offense as a condition sine qua non before a Thethreeinstancesweredueto: intimidation,terrorismandharassment.
Petition
for
Disqualification can be launched would be tantamount to i) ForceMajeure; It is likewise not denied that the transfer of the counting from the
requiring proof beyond reasonable doubt, which is significantly
ii) Violence; polling places to the multi-purpose gymnasium was without the
beyondwhatourlawsrequire.
authority of
the
COMELEC as
required by law. The irregularity of the
iii) Terrorism;
transfer of venue was highlighted by the fact that the
same
was
not
Diambrangv.COMELEC2016EnBanc iv) Fraud; recordedbytheBoardofElectionInspectors(BEI).
Patad's
disqualification arose from his being a fugitive from justice. It v) Otheranalogouscauses.
does
not
matter that
the disqualification case against him was finally 5. Therequisitestodeclarefailureofelections: Bataborv.COMELEC
decided by the COMELEC En Banc only on 14 November 2011.
a) No
voting took
place
in
the
polling
places
on
the
date The question of whether there have been terrorism and other
Patad's certificate of candidacy was void ab initio. As such,
fixedbylaw,ortherewasfailuretoelect;AND irregularities is better ventilated in an election contest. These
Diambrang, being the first-placer among the qualified candidates,
irregularities may not as a rule be invoked to declare a failure of
shouldhavebeenproclaimedasthedulyelectedPunongBarangay. b) Thevotesthatwerenotcastaffectelectionresult.
election and
to
disenfranchise the
electorate through the misdeeds of
6. Again, the Comelec en banc has exclusive jurisdiction to arelativefew.
Failureofelection;callforspecialelection
declareafailureofelections.
Moreover, petitioner’s allegation that the voting was not resumed
1. Only the Commission
en
banc, motu
proprio
or
upon
verified 7. RequisitesforholdingSpecialElections: after
lunch break,
preventing 100 of
his
relatives
and followers from
petitionmay p ostpone election.
a) thatthereisafailureofelection,and voting,isbetterventilatedinanelectioncontest.
2. Thegroundsforpostponementare:
b) that such failure would affect the results of the
a) Violence; election. Loongv.COMELEC
b) Terrorism; In the performance of its duties, the Commission must be given a
Mitmugv.COMELEC
c) Loss or destruction of election paraphernalia or considerable latitude in adopting means and methods that will insure
records; There can be
failure of
election in a political unit only if the will of the accomplishment of
the great objective for which it was created —
the majority has been defiled and cannot be ascertained. But, if to
promote free,
orderly, and
honest elections. The choice of means
d) Forcemajeure;OR
it can be determined, it must
be accorded respect. After
all,
there is taken by the Commission on Elections, unless they are clearly
e) Other analogous causes that render the holding of a no provision in our election laws which requires that
a majority of illegal or constitute grave abuse of discretion, should not be
free,orderly,honestelectionsimpossible. registered voters must cast
their votes. All
the law requires is
that a interferedwith.
3. The election must be reset to a date
reasonably
close but
not winning candidate must be elected by a plurality of valid votes, The grounds for failure
of
election — force majeure, terrorism, fraud
later than 30 days after the cause has ceased. This 30-day regardless of
the actual number of ballots cast. A petition to annul an or other analogous causes — clearly involve questions of
fact.
It
is
periodisonlydirectory. election is not a pre-proclamation controversy. Consequently, the for
this reason that they
can only
be
determined by the COMELEC en
proclamation of a winning candidate together with his subsequent banc after due notice and hearing to the parties. In the case at bar,
4. Failureofelectionshappenwhen: assumption of office is
not
an
impediment to
the prosecution of
the petitioner never asked the COMELEC en banc to call for a special
a) Election in any polling place was not held on fixed casetoitslogicalconclusion. electioninSulu.
date;
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3. In a pre-proclamation controversy, the BOC and the Comelec a) TheBOCwasimproperlyconstituted;
Carlosv.Angeles
are not to
look
beyond or
behind election returns which are on b) quowarrantowasnottheproperremedy;
The
annulment of an
election on the ground of fraud, irregularities their face regular and authentic returns. In such summary
and violations of election laws may be raised
as
an
incident to
an c) whatwasfiledwasapetitiontoannulaproclamation;
proceedings, there is no room for the presentation of
election contest. Such grounds for
annulment of
an
election may be evidencea liunde. d) the filing of a quo warranto petition or an election
invokedinanelectionprotestcase. protest was expressly made without prejudice to the
4. Pre-proclamation controversies are mandated by law to be
The trial court has no jurisdiction to declare a failure of pre-proclamation controversy or was made ad
summarilyd
isposedof.
election. In a petition to annul an
election under Section 6,
BP
Blg. cautelam;and,
5. While the Comelec has exclusive jurisdiction over
881,
two conditions must be
averred in
order
to
support a sufficient e) theproclamationwasnullandvoid.
pre-proclamation controversies involving local elective
causeofaction. Theseare:
officials, nevertheless, pre-proclamation cases are not allowed 10. The filing
of
an
election
protest or
a petition
for
quo
warranto
1) the illegality must affect more than 50% of the votes cast in elections for President, VP, Senator and Member of the precludes the subsequent filing of a pre-proclamation
and House. What is allowed is the correction of "manifest controversy or amounts to the abandonment of one earlier
2) thegoodvotescanbedistinguishedfromthebadones. errorsinthecertificateofcanvassorelectionreturns." filed.
It is only when these two conditions are established that the 6. If
the
error
sought to be corrected is truly a manifest error, then 11. All pre-proclamation cases pending before the Commission
annulment of the election can be justified because the remaining the matter
should have already been raised before the BOC. The shall be
deemed terminated at the beginning of the term of
votesdonotconstituteavalidconstituency. exception is if the error is one that “could not have been the Office involved
and the rulings of the BOC concerned shall
discovered during the canvassing despite the exercise of due be
deemed affirmed, without prejudice to
the filing of a regular
Pre-proclamationcontroversy diligence.” election protest by the aggrieved party. However,
proceedings may continue when on the basis of the
evidence
1. A pre-proclamation controversy refers to any question 7. The
act
of
the BEI in declaring some votes as stray involves the
thus far presented, the Comelec determines that the petition
pertaining to or affecting the proceedings of the board of appreciation of ballots which is a proper subject for an appears meritorious and accordingly issues an
order for
the
canvassers which may be raised by any candidate or by any electionprotest. proceeding to
continue or when an
appropriate order had been
registered political party before the
board or
directly
with the
8. The COMELEC as a general rule need not go beyond the face of issuedbytheSCinapetitionforcertiorari.
Comelec.
the returns and investigate alleged election irregularities. An 12. The rule is indeed that the proclamation of the winning
2. Issuesthatmayberaised: exceptiont othisis candidate makes the pre-proclamation controversy no longer
a) IllegalcompositionorproceedingsoftheBOC; a. precipitatecanvassing, viable, as the issues raised therein may be more closely
b) The canvassed election returns are incomplete, b. terrorism, examined and better resolved in an election protest.
contain material defects, appear to be tampered with However, this is true only where the proclamation is based
c. lackofsufficientnoticetotheBoard,and
or falsified, or contain discrepancies in the same onacompletecanvass.
d. disregard of manifest irregularities in the face of the 13. Where it is claimed that certain returns should have been
returnsorinotherauthenticcopiesthereof;
questionedreturns omitted because they were manufactured and other returns
c) The election returns were prepared under duress,
Coupled with intent to defraud or manipulate election cannot be included because they have been irretrievably
lost,
threats, coercion, or intimidation, or they are
obviouslym anufacturedo rnotauthentic;and results to justify the summary
annulment
of
the
canvass
and the pre-proclamation controversy should still be
theannulmentofproclamation continued despite the proclamation of the supposed
d) When substitute or fraudulent returns in
9. After a proclamation has been made, a pre-proclamation case winner. Indeed, the COMELEC may in
such
pre-proclamation
controverted polling places were canvassed, the proceedingsdetermineiftheproclamationshouldbeannulled.
results of which materially affected the
standing
of before the COMELEC is, logically, no longer viable. The rule
theaggrievedcandidateorcandidates. admitsofexceptions,however,aswhere:
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14. Where only an
election
protest ex abundanti ad cautelam (as a 3. Quo Warranto refers to an election contest relating to the v.Comelec mayorship was disrupted by his defeat during the
precautionary measure) is filed, the Court
retains
jurisdiction qualifications of an elective official on the ground of 1998elections.
tohearthepetitionseekingtoannulanelection. ineligibility or disloyalty to the Republic. The issue is
Socratesv. The Court likewise emphasized in Socrates that “an
15. Doctrine of statistical improbability. Standing alone and whether respondent possesses all the qualifications and
Comelec elective local official cannot seek immediate
without more, the bare fact that a candidate for public office noneofthedisqualificationsprescribedbylaw.
reelection for a fourth term. The prohibited election
received
zero votes in
one or two precincts
can not adequately 4. A
valid exercise of the discretion to allow execution pending refers to the next regular election for the same office
support a finding that the subject election returns are appeal requires that
it
should
be
based "upon good reasons to following the end of the third consecutive term [and,
statisticallyimprobable. be stated in a special order." The following constitute "good hence], [a]ny subsequent election, like recall election, is
nolongercoveredxxx.”
Electionprotest reasons" and a combination of two or more of them will suffice
tograntexecutionpendingappeal: ConversionofaMunicipalityintoaCity
Poev.Arroyo,PETCaseNo002
a. publicinterestinvolvedorwilloftheelectorate;
May the widow substitute/intervene for the protestant who died Latasav. Theconversionofamunicipalityintoacitydoes
b. the shortness of the remaining
portion
of
the
term
of Comelec notconstituteaninterruptionoftheincumbent
duringthependencyofthelatter’sprotestcase?
thecontestedoffice;and official’scontinuityofservice.
NO. A public office is personal to the public officer and not a
c. the length of time that the election contest has been
property transmissible to the heirs upon death. Thus, we consistently PeriodofPreventiveSuspension
pending.
rejected substitution by the widow or the
heirs
in
election contests
wheretheprotestantdiesduringthependencyoftheprotest. 5. The mere filing of the notice of appeal was not enough. It Aldovinov. A preventive suspension cannot simply be a term
should be accompanied by
the
payment of
the
correct amount Comelec interruption because the suspended official
This is not to
say
that
death of
the
protestant necessarily abates the continues to stay in office although he is barred
of appeal fee. The payment of the full
amount of
the
docket
pending action. We have allowed substitution and intervention but from exercising the functions and prerogatives of
feeisanindispensablestepfortheperfectionofanappeal.
only by a real party in interest. A real party in interest is the the office within the suspension period. The best
party who would be benefited or injured by the judgment, and the AssumptionofOfficebyOperationofLaw indicator of the
suspended official’s
continuity
in
office
party who is entitled to the avails of the suit. Herein is
the absence of
a permanent replacement and the
Borjav. There was, the Court ruled, no violation of the lack of the
authority to appoint one since no vacancy
movant/intervenor, Mrs. FPJ, herself, denies any claim to the office of
Comelec three-term limit, for Capco “was not elected to the office exists
President. Thus, given the circumstances of this case, we can andCapco of the
mayor in the first
term
but simply
found himself
conclude that protestant’s widow is not a real party in interest to this thrust into it by operation of law” when a permanent ElectionProtest
electionprotest. vacancyoccurredinthatoffice.
Lonzanida Lonzanida did not fully serve the 1995-1998 mayoral
Quowarranto Montebon The Court emphasized that succession in local v.Comelec term, there being an involuntary severance from office
v.Comelec government office is by operation of law and as as a result of legal processes. In fine, there was an
1. Election Contests — refer to election protests or petitions such, it is an involuntary severance from office. effectiveinterruptionofthecontinuityofservice.
forquowarranto. Since the law no less allowed Montebon to vacate his
2. Election Protest — refers to an election contest relating to post as councilor in order to assume office as vice- Ongv. His proclamation as the duly elected
mayor in the
mayor, his occupation of the higher office cannot, Alegre 1998 mayoralty election coupled by his
the election and returns of elective officials, grounded on assumption of
office
and his
continuous exercise of
without more, be deemed as a voluntary renunciation of
frauds or irregularities in the conduct of the elections, the hispositionascouncilor. the functions thereof from start to finish of the
casting and counting of the ballots and the preparation and term, should legally be taken as service for a full
canvassing of returns. The issue is who obtained the RecallElection termincontemplationofthethree-termrule.
pluralityofvalidvotescast.
Adormeo The Court
emphasized
that
th
e
continuity
of
Talaga’s RiveraIII The fact of being
belatedly
ousted,
i.e.,
after
the
expiry
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v.Comelec of the term, cannot constitute an interruption in Settlementofboundarydisputes 2. "Government-owned or controlled corporation" refers to
Morales’ service of the full term; neither can Morales, as any agency organized as a stock or non-stock corporation,
he argued, be considered merely a “caretaker of the Localofficials
vested with functions relating to public needs whether
office” or a mere “de facto officer” for purposes of governmental or proprietary in nature, and owned by
the
Recall
applyingthethree-termlimitrule. Government directly or through its instrumentalities either
TermLimits wholly, or, where applicable as in the case of stock
Dizonv. The assumption by the vice mayor of the office of
Comelec the mayor, no matter how short it may seem to corporations,totheextentofa tleast51%ofitscapitalstock.
Dizon, interrupted Morales’ continuity of service. LocalGovernmentCodeof1991
Thus, Morales did not hold
office
for
the
full
term
of
1 MuniofTangkalv.Balindong2017
July2004to30June2007 As a government instrumentality, the Municipality of Tangkal can
A.AutonomousRegionsandtheirrelationtothe
only act
for secular purposes and in ways that have primarily secular
Abundov. During the pendency of the election protest, Abundo NationalGovernment effects consistent with the non-establishment clause. Hence, even if it
Comelec ceased from exercising power or
authority over the
The creation of the autonomous region shall be effective when is assumed that juridical persons are capable of
practicing
religion,
good people of Viga, Catanduanes. Consequently, the
period during which Abundo was not
serving as mayor approved by
majority of
the
votes
cast
by the constituent units in a the Municipality of Tangkal is constitutionally proscribed from
should be considered as a rest period or break in his plebiscitecalledforthepurpose, adopting,muchlessexercising,anyreligion,includingIslam.
service. provided that only provinces, cities, and geographic areas voting
favorably in such plebiscite shall be included in the autonomous
Classifications
Quasi-corporations
region.(S ec18ArtX)
XIII.LOCALGOVERNMENTS createdbytheStateforalimitedpurpose.
Abbasv.COMELEC
A.AutonomousRegionsandtheirrelationtotheNational Municipalcorporations
The creation of the autonomous region is made to depend, not on
Government the total majority vote in the plebiscite, but on the will of the Is a body politic or corporate established by law to assist in the
majorityineachoftheconstituentunits. civil government of the state, with delegated authority to
regulate
B.PublicCorporations and administer the local or internal affairs of a city, town or district
C.PrinciplesofLocalAutonomyPowersofLGUs Ordillov.COMELEC whichisincorporated.
Elements
Generalwelfareclause The sole province
of
Ifugao
cannot
validly constitute
the
Cordillera
Autonomous Region. The term "region" used in it's ordinary sense a. Legalcreation/incorporation—bylegislation;
Eminentdomain means two or more provinces. Ifugao is a province by itself. To b. Corporate Name — name by which it is incorporated and
Taxingpower become part of a region, it must join other provinces, cities, knowninwhichallcorporateactsaredone;
municipalities,andgeographicalareas.
c. Inhabitants—referstonaturalpersons,theconstituents;
Closureandopeningofroads
B.PublicCorporations d. Territory — the land mass where the inhabitants reside,
Legislativepower together with the waters, and the air space. The territorial
Concept;distinguishedfromGOCCs
Ultraviresacts boundariesmustbedefinite,fixedorcertain.
1. A
public corporation is
one
that
is
organized for
government
Natureandfunctions
Corporatepowers of a portion of
a state,
such
as
an
LGU.
It
is
created for
public
use. a. Governmental — administration
of
the
power of the State and
LiabilityofLGUs promotingthepublicwelfare.AgentsoftheState.
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b. Proprietary — exercised for the special benefit and advantage a. De jure — its creation perfectly complies with all Section6,LGC.A
uthoritytoCreateLGUs.—either
of the community and for the attainment of their collective requirementsofincorporation. 1) by
law
enacted
by
Congress
in
the
case
of a province, city,
needs.Representativeoftheinhabitants. b. Defacto—notallrequirementsdulycompliedwith. municipality,oranyotherpoliticalsubdivision,or
Toriov.Fontanilla DeFactoMunicipalCorporationDoctrine,Elements 2) by
ordinance
passed
by
the
sangguniang panlalawigan or
a. Validlawauthorizingincorporation; sangguniang panlungsod concerned in the case of a
WON the celebration of a town fiesta authorized by a municipal
barangayl ocatedwithinitsterritorialjurisdiction,
council is a governmental or a corporate or
proprietary function
of b. Attemptingoodfaithtoorganizeit;
themunicipality. As
a general rule,
the
creation of an LGU or its conversion from one
c. Colorablecompliancewiththelaw;and
level to another level shall be based on verifiable indicators of
Proprietary. The powers of
a municipality are
twofold
in
character
d. Assumptionofcorporatepowers viabilityandprojectedcapacitytoprovideservices,towit:
— public, governmental, or political on the one hand, and
corporate, private, or proprietary on the other. Governmental powers Sec 442(d), LGC of 1991. Municipalities existing as
of
the
date
of
the a) Income. — It must be sufficient, based on acceptable
are
those exercised by the corporation in administering the powers of effectivity of this Code shall continue to exist and operate as such. standards, to provide for all essential government
the state and promoting the public welfare and they include the Existingmunicipaldistricts facilities and services and special functions
legislative, judicial, public, and political. Municipal powers on the 1) organized pursuant to presidential issuances or executive commensuratewiththesizeofitspopulation;
other hand are
exercised
for
the special
benefit and
advantage of
the ordersAND b) Population. — It
shall
be
determined
as
the
total number
community and include those which are ministerial, private and ofinhabitantswithintheterritorialjurisdiction;and
2) which have their respective set of elective municipal
corporate.
officials holding office at the time of the effectivity of this c) Land Area. — It
must
be contiguous, unless it comprises
Holding a fiesta even if the purpose is to commemorate a religious or Code two or more islands or is separated by an LGU independent
historical event of the town is in essence an act for the special benefit of the others; properly identified by metes and bounds
shallhenceforthbeconsideredasregularmunicipalities.
of the community and not for the general welfare of the public with technical descriptions; and
sufficient to provide for
performed in pursuance of
a policy of
the state. The basic
element Requisitesforcreation,conversion,division,mergeror
such basic services and facilities to meet the
is that it is governmental in essence, otherwise, the function dissolution requirementsofitspopulace.
becomes private or
proprietary in
character. Easily,
no governmental GeneralRequirements Plebiscite
or public policy of
the
state is
involved in
the
celebration of
a town
Section 10
Art
X.
No province, city, municipality, or barangay may 1. When the law states that
the
plebiscite shall
be conducted “in
fiesta.
be the political units directly affected,” it
means that residents
Under the LGC,
local
governments
may
exercise
(4)
general
kinds 1) created, of the political entity who would be economically dislocated
ofpowers: by the separation of a portion thereof have a right to vote in
2) divided,
a. Thosethataree
xpresslyg rantedtothem; saidplebiscite.
3) merged,
b. Thosethatarei mpliedfromthoseexpresslygranted; 2. The creation, division, merger, abolition or substantial
4) abolished,or alteration of boundaries of local government units involve a
c. Those that are necessary, appropriate, or incidental
for
their
5) itsboundarysubstantiallyaltered, common denominator — material change in the political
efficientandeffectivegovernance,and and economic rights
of the local government units directly
except
d. Those that are essential to the promotion of the general affectedaswellasthepeopletherein.( M irandav.Aguirre)
welfareoftheirinhabitants. 1) in accordance with the criteria (on income, land area
3. Conversion to an HUC is substantial alteration of boundaries
andpopulation)establishedintheLGCand
Types governed by Sec. 10, Art. X and resultantly, said provision
2) subject to approval by a majority of the votes cast in a applies,
governs and prevails over Sec. 453 of the LGC (U
mali v.
plebiscitei nthepoliticalunitsdirectlyaffected. Comelec2 014EnBanc)
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income which the local government can invariably rely upon as
⭐DelRosariov.Comelec2020EnBanc Component
thesourceofmuchneededfunds.( A
lvarezv.Guingona) P100M AND150K OR100sqkm
City
Are the voters of a city which used to be a component city of a 2. NB:
In case of conversion to a new component city, IRAs are no
province entitled to vote in a plebiscite for the division of said longer included in the computation of the P100M income P50Mlatest
HUC AND200K
province, even after the city has been converted into a highly income
requirement,asperRA9009amendingSec450oftheLGC.
urbanizedcity(HUC)?N O.
LandArea AveofP20M
OR2,000sqkmof
As
applied
to
the
present
petition,
is
the
HUC of
Puerto Princesa a for2
1. In Mariano v.
Comelec, petitioners have
not
demonstrated that Province AND250K contiguousterritory,
"political
unit directly
affected" by the
partition of the province consecutive
the delineation of
the
land
area
of
the
proposed City
of Makati exceptifanisland
ofPalawanintothreeseparateprovinces? precedingyrs
will cause confusion as to its boundaries. We note that said
careful survey of cases reveals that the Court has considered three
A delineation did not change even by an inch the land area 1. Division and Merger. — Division and merger of existing LGUs
key factors in determining whether an LGU is a "political unit previouslycoveredbyMakatiasamunicipality. shallcomplywiththesamerequirementsfortheircreation:
directlyaffected"byanLGUchangeorconversion: 2. Sec
2 Art
9 of the IRR provides "the land area requirement shall a. Such division shall not reduce the income,
1) territorialalteration, not
apply where the
proposed province is composed of one (1) population,
or
land
area of the LGUs concerned to less
or
more islands" (upheld by
the 2011 Resolution of Navarro v. thantheminimumrequirementsprescribed.
2) politicaleffects,and
Ermita) b. The income classification of the
original
LGUs shall
3) economiceffects.
Population not fall below its current classification prior
to
such
First, the assailed statute will not result in the alteration
of
Puerto division.
1. Sec 5(3) Art VI provides, inter alia, that a city with a
Princesa'sterritorialjurisdiction.
population of at least 250,000 shall have at least one 2. ConversionofaComponentCityIntoanHUC.—
As regards political and economic effects, voters of HUCs cannot representative. In fact,
section
3 of the Ordinance appended a. Requisitesforconversion—
vote for
elective
provincial officials.
HUCs,
as
conceptualized in our to the Constitution provides that a city whose population has
local government laws, are essentially cities that have attained a level i. Income — latest annual income of not less
increased to more than 250,000 shall be entitled to at least
of population growth and economic development which the onecongressionalrepresentative.(M arianov.Comelec) than P50M as certified
by
the
city
treasurer;
legislature has deemed sufficient for devolution of governmental and
2. Plainly read, Section 5(3) of the Constitution requires a
powersasself-containedpoliticalunits. ii. Population — which shall not be less than
250,000 minimum population only for a city to be
Lastly, as an
HUC, Puerto Princesa, in its own right, has the power to entitled to a representative, but not so for a province. 200,000inhabitants,ascertifiedbyNSO.
impose its own taxes, fees and charges, the
revenues of
which shall (AquinoIIIv.Comelec2010EnBanc) b. Procedureforconversion—
accrue to its
own
treasury. It is
likewise entitled
to its own internal
SpecificRequirements i. Resolution — to
the Office of the President
revenue allotment and its own share in whatever natural resources
by its sanggunian as approved and
endorsed
may be found within its territory. It is therefore clear that Puerto LGU Income Population LandArea
bythecitymayor.
Princesa has been
rendered fiscally autonomous from the province
2K; 5K in ii. Declaration of conversion — Within 30
ofPalawanbyvirtueofthecity'sconversionintoanHUC.
Barangay NA MM, SMPS NA days from receipt of such resolution, the
Income andHUCs
President shall
declare the
component city as
1. The IRAs are items of income because they form part of the AveofP 2.5M highly-urbanized.
gross accretion of
the
funds of
the LGU. The IRAs regularly and for2 AND 50 sq km, iii. Plebiscite — Within 120 days from the
Municipality AND25K
automatically accrue to
the
local treasury without need
of
any consecutive exceptifanisland declaration.
further action on the part of the LGU. They thus constitute precedingyrs
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iv. Effect of Conversion — The conversion shall of the LGC on organizational structure and staffing pattern, and from being "underinclusive" because the classification does not
make it independent of
the
province
where Section16otherwiseknownastheg eneralwelfareclause. include all individuals tainted with the same mischief that the
law
itisgeographicallylocated. seekstoeliminate.
3. Abolition. — when its income, population, OR land area
has MMDAv.Bel-AirVillageAssociation
been irreversibly reduced to less than the minimum Rimandov.NaguilianEmissionTestingCenter2012
Congress delegated police power to the LGUs in the LGC. LGUs
standards.
exercise police power through their respective legislative A mayor cannot be compelled by mandamus to issue a business
4.
Beginning of Corporate Existence. — When a new LGU is bodies. permit since the exercise of the same is a delegated police power
created, its corporate existence shall commence upon the hence, discretionary in nature. As Section 444(b)(3)(iv) so states,
election and qualification of its chief executive and a Legaspiv.CityofCebu2013EnBanc the power of the municipal mayor to issue licenses is pursuant to
majority of the members of its sanggunian, unless some Section16oftheLGC.
othertimeisfixedthereforbythelaworordinancecreatingit. The LGC has expressly empowered the LGUs to enact and adopt
ordinances to
regulate
vehicular traffic and to prohibit illegal parking
C.PrinciplesofLocalAutonomyPowersofLGUs Laygov.MayorofSolano2017
withintheirjurisdictions.
Generalwelfareclause The privilege of operating a market stall under license is
Mosquedav.PilipinoBananaGrowers&Exporters2
016EnBanc always subject to the police power of the city
government and
Within their respective territorial jurisdictions, LGUs
shall
ensure
may be refused or granted for reasons of public policy and sound
andsupport,amongotherthings, Section 16
comprehends two
branches of
delegated
powers,
namely: public administration. Being a delegated police power, the grant or
1) thepreservationandenrichmentofculture, the general legislative power and the police power proper. revocationoftheprivilegeis,therefore,d iscretionaryi nnature.
General legislative power refers to the power delegated by
2) promotehealthandsafety,
Congress to the
local
legislative
body
to
enact
ordinances
and
make Eminentdomain
3) enhancetherightofthepeopletoabalancedecology, regulations.
The courts have the obligation to determine whether the following
4) encourage and support the development of appropriate and The police power
proper, on
the other
hand,
authorizes the
LGU
to requisiteshavebeencompliedwith:
self-reliantscientificandtechnologicalcapabilities, enact ordinances necessary and proper for the health and safety,
1. An ordinance is enacted authorizing the LCE, to exercise the
5) improvepublicmorals, prosperity, morals, peace, good order, comfort, and convenience of
power of
eminent domain or pursue expropriation proceedings
the local
government unit
and
its constituents, and for the protection
6) enhanceeconomicprosperityandsocialjustice, overaparticularprivateproperty.
oftheirproperty.
7) promotefullemploymentamongtheirresidents, 2. It
is
exercised
for
public
use,
purpose
or welfare, or for the
Advancing the interests of the residents who are vulnerable to the
8) maintainpeaceandorder,and benefitofthepoorandthelandless.
alleged health risks due to their
exposure
to
pesticide drift
justifies
9) preserve the
comfort
and
convenience
of their inhabitants. the motivation behind the enactment of the ordinance. However, 3. Thereisp
aymentofjustcompensation.
(Sec16LGC) OrdinanceNo.0309-07v iolatest heDueProcessClause. 4. A valid and definite offer has been previously made to the
The impossibility of carrying out a shift to another mode of propertyowner,butsaidofferwasnotaccepted.
CityofGeneralSantosv.COA2014EnBancLeonen,J
pesticide application within three months can readily be Just compensation shall be determined as of the time actual
of
The constitutional mandate for local autonomy supports petitioner appreciated given the vast area of the affected plantations and the
taking.(TheCityofCebuv.SpsDedamo)
city’s issuance of
EO
40
s.
2008,
creating
change management teams correspondingresourcesrequiredtherefor.
asaninitialstepforitsorganizationdevelopmentmasterplan. Genuinenecessityforpublicuseentails:
Ordinance No. 0309-07 also violates the Equal Protection
Local autonomy also grants local governments the power to Clause. A ban against aerial spraying does not weed out the harm that 1. ItshouldbeascertainedtobePUBLICincharacter;
streamline and
reorganize. This
power is inferred from Section 76 the
ordinance seeks
to achieve.
In
the
process, the
ordinance suffers
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2. The ascertainment must precede or accompany, and not c) Unregisteredorabandonedandidlelands; properties of
public dominion, they
indisputably belong to the State,
follow,thetakingoftheland;and d) Those within the declared Areas or Priority Development, and are
outside the
commerce of
man. Thus, unless petitioner leases
3. There is a reasonable or practical necessity, such as would Zonal
Improvement Program sites,
and Slum Improvement and its real property to a taxable person, the specific property leased
combine the greatest benefit to the public with the least ResettlementProgramsiteswhichhavenotyetbeenacquired; becomes subject to real property tax; in which case, only those
inconvenience and expense to the condemning party and the portions of petitioner’s properties which are leased to taxable
e) BLISSsiteswhichhavenotyetbeenacquired;and
propertyowner.(d elaPazMasikipv.CityofPasig) personslikeprivatepartiesaresubjecttorealpropertytax.
f) Privately-ownedlands.
BeforeanLGUmayenterintothepossessionoftheproperty,itmust
Where [on-site] development is found more practicable and ⭐L
RTAv.QuezonCity2019
1) fileacomplaintforexpropriationinthepropercourtand
advantageous to the beneficiaries, the priorities mentioned in this
An agency will be classified as a government instrumentality
2) deposit at least 15% of the property's fair market value sectionshallnotapply.
vestedwithcorporatepowerswhenthefollowinge lementsconcur:
basedonitscurrenttaxdeclaration. SEC. 10. Modes of
Land
Acquisition.
— xxx expropriation shall
be
a) itperformsgovernmentalfunctions,and
The law does not make the determination
of
a public purpose
a resorted to only when other modes of acquisition have been
condition precedent to the issuance of a writ of possession. exhausted:xxx. b) itenjoysoperationalautonomy.
(Franciav.MunicipalityofMeycauayan) It does not matter that the government instrumentality is
endowed
CityofManilav.Prieto2
019seeE
minentDomainu
nderBasic
with corporate powers. Its characterization is not lost where the
Republicv.HeirsofBorbonandCA2
015 Principlesformorediscussions governmententitypossessescorporatestatus.
The
expropriator who has taken possession of the property subject of Taxingpower Here, the LRTA bears the elemental characteristics of a
expropriation is obliged to pay reasonable compensation to the government instrumentality vested with corporate powers. A
landowner for the period of such possession although the Taxes,Fees,andCharges government instrumentality though vested with
corporate powers is
proceedings had been discontinued on the ground that the public exempt from real
property
tax,
but
the
exemption shall not extend
purposefortheexpropriationhadmeanwhileceased. to taxable private entities to whom the beneficial use of the
Smartv.MunicipalityofMalvar,Batangas2014EnBanc
governmentinstrumentality'spropertieshasbeenvested.
HenrySyv.QuezonCity2013 The LGC defines the term “charges” as referring to pecuniary
liability,
as
rents or
fees against persons or
property, while
the
term
The correct rate of legal interest to be applied is twelve percent “fee” means “a
charge fixed
by
law or ordinance for the regulation or Justshareinthenationaltaxes
(12%) and not six percent (6%) per annum, owing to
the
nature
of inspectionofabusinessoractivity.”
the
City’s obligation as
an
effective forbearance. Notwithstanding the 1. Section 284.
Allotment of
Internal Revenue Taxes. — based
Since the main purpose of Ordinance No. 18 is to regulate certain
lack
of
proper authorization, the legal character of the City’s action as on the collection of
the
third fiscal
year
preceding
the
current
construction activities of the identified special projects, which
oneof"taking"didnotchange. fiscalyearasfollows:O nthe3rdyearandthereafter,40%.
included “cell sites” or telecommunications towers, the fees imposed
Exemplary damages and attorney’s
fees should
be
awarded
to are primarily regulatory in nature, and not primarily 2. Section 287. Local Development Projects. — shall
the landowner if the government takes possession of the revenue-raising. While the fees may contribute to the
revenues of appropriate in its annual budget no less than 20% of its
property for a prolonged period of time without properly the Municipality, this effect is merely incidental. Thus, the fees annualIRAfordevelopmentprojects.
initiatingexpropriationproceedings. imposedareN OTt axes. 3. The share of each LGU shall be
released, without
need of
any
RA No
7279.
SEC
9.
Priorities in
the
Acquisition of
Land.
— Lands further action, directly to the treasurer on a quarterly basis, and
MCIAAv.CityofLapu-lapuandPacaldo2
015 which shall not be subject to any lien or holdback that may be
fors ocializedhousingshallbeacquiredinthefollowingorder:
imposedbythenationalgovernmentforwhateverpurpose.
a) ThoseownedbytheGovernment; Like in MIAA, the airport lands and buildings of MCIAA are properties
of public dominion because they are intended for public use. As ⭐Mandanasv.Ochoa,Jr2018EnBanc
b) Alienablelandsofthepublicdomain;
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Section 6, Article X the 1987 Constitution textually commands the Whether the national wealth, in this case the Camago-Malampaya 2. Amunicipalordinanceisn
otsubjecttocollateralattack.
allocationtotheLGUsofajustshareinthenationaltaxes. reservoir, is within the Province of Palawan's "area" for it to be 3. The Vice-Governor, as
the
presiding officer
of
the
Sangguniang
entitledto40%ofthegovernment'sshare. Panlalawigan, has administrative control of the funds of the
The phrase
national
internal
revenue taxes engrafted in Section 284
is
undoubtedly more restrictive than the term national taxes written Territorial jurisdiction refers to territorial boundaries as said body. Accordingly, it is the Vice-Governor who has the
in
Section
6.
As
such, Congress
has
actually departed
from the
letter definedintheLGU'scharter. authority to approve disbursement vouchers for expenditures
ofthe1987Constitution. appropriated for the operation of the Sangguniang Panlalawigan.
An LGU's territorial jurisdiction is
not
necessarily
co-extensive with
(Atienzav.Villarosa)
Thus,
the
exclusion of
other
national
taxes like
customs duties its exercise or assertion of powers. Unless clearly expanded by
from the base for determining the just share of the LGUs Congress, the LGU's territorial jurisdiction refers only to its 4. As a corollary, if the salary of an employee or official is
contravenedtheexpressconstitutionaledictinSec6ArtX. land area. Utilization of natural resources found within the land charged against the provincial funds, even
if this employee
areaasdelimitedbylawissubjecttothe4 0%LGUshare. reports to the Vice-Governor or is assigned to his office, the
Villafuerte,Jrv.Robredo2014EnBanc Governor retains the authority to appoint the said employee
Closureandopeningofroads pursuanttoSection465(b)(v)ofRep.ActNo.7160.(i bid.)
A
reading of MC No. 2010-138 shows that it is a mere reiteration of
5. It
is
the
vice
mayor
who exercises administrative control over
an existing provision in
the
LGC. It was plainly intended to remind 1. As a general rule, local roads used for public service are
the Sangguniang Bayan's funds as presiding officer thereof.
LGUs to faithfully observe the directive stated in
Section
287 of
the considered public property under the absolute control of
Thus, the approval of the mayor in relation to travel orders
LGC to utilize the 20% portion of the IRA for development projects. It Congress; hence, local governments have no authority to
chargeable to the Sangguniang Bayan's funds is only
was, at best, an advisory to LGUs to examine themselves if they controlorregulatetheiruse.
ministerial and may be disregarded upon the mayor's
havebeencomplyingwiththelaw. However, under Section 10 of the LGC, Congress delegated to unjustifiedrefusaltodoso.(M aulanav.Pangansayan2 019)
political subdivisions
some control of local roads. (Figuracion
6. Section 53
of
the LGC
is
more
exacting as
it
requires that
v.SpsLibi)
Equitable share in the proceeds of the utilization and the “majority of ALL members of
the
sanggunian elected
2. To convert a barrio road into patrimonial property, the law andqualified”shallconstituteaquorum.
developmentofthenationalwealthwithinrespectiveareas
requires the
LGU to enact an ordinance, approved by at least
7. The Vice Governor, as the Presiding Officer, shall be considered
two-thirds (2/3) of the Sanggunian members, permanently
★ Section 290.
Amount of Share of LGUs. — In
addition to
the a
part of
the
SP for
purposes of ascertaining if a quorum exists.
closingtheroad.(A lolinov.Flores2 016)
IRA, LGUs shall have a share of 40% of the gross collection In determining the number which constitutes as the majority
Legislativepower vote, the Vice Governor is
excluded. The Vice
Governor's right
derived by the national government from the preceding fiscal
year from mining
taxes, royalties, forestry and fishery charges, Requisitesf orvalidordinance to
vote is merely contingent and
arises only when there is a tie
and such other taxes, fees, or charges, including related tobreak.(J avierv.Cadiao2 016)
1. It must also conform to the following substantive
surcharges, interests, or fines, and from its share in any requirements: Fernandov.StScholastica’sCollege2013EnBanc
co-production, joint venture or production sharing agreement
a) mustnotcontravenetheConstitutionoranystatute;
in the utilization and
development of
the
national wealth Even without going to a discussion of the strict scrutiny test,
withintheirterritorialjurisdiction. b) mustnotbeunfairoroppressive; Ordinance No. 192, s. 1994 must be struck down for not being
c) mustnotbepartialordiscriminatory; reasonably necessary to accomplish the City’s purpose. More
⭐Republicv.ProvofPalawan2018EnBancasupheldinthe importantly,itiso ppressiveofprivaterights.
2020ResolutionpennedbyLeonenJ d) mustnotprohibitbutmayregulatetrade;
Anent the objectives of prevention of concealment of unlawful acts
e) mustbegeneralandconsistentwithpublicpolicy;and
and “un-neighborliness,” it is obvious that providing for a parking
f) mustnotbeunreasonable.
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area has no logical connection to, and is not reasonably necessary for, 3. Local
referendum is
the
legal
process
whereby the registered 3. Municipality of Pililla, Rizal v. CA held that the legality of the
theaccomplishmentofthesegoals. voters
of
the LGUs may approve, amend or reject any ordinance representation of an unauthorized counsel may be raised at
enactedbythesanggunian. anystageoftheproceedings.
The petitioners have not adequately shown that an 80% see-thru
fence would provide better
protection
and a higher
level
of security, 4. The COMELEC's power to review the substance of the 4. Although a municipality may not
hire a private
lawyer to represent
or serve as a more satisfactory criminal deterrent, than a tall
solid propositions in
an initiative petition is implied in Section 12 of it in litigations, in the interest of substantial justice however, we
concretewall. RA
No. 6735, which gives
this Court appellate power to review hold that a municipality may adopt the work already
the COMELEC's findings of the sufficiency or insufficiency of performed in
good faith by
such private lawyer, which work is
SamahanngmgaProgresibongKabataanv.QuezonCity the petition for initiative
or referendum. (Marmeto v.
Comelec beneficialtoitprovidedthat
2017EnBanc 2017EnBanc) a. noinjusticeistherebyheapedontheadversepartyand
The Manila and Navotas Ordinances should be completely Corporatepowers b. no compensation in any guise is paid therefor by said
stricken down since their exceptions, which are essentially municipalitytotheprivatelawyer.
Tosueandbesued
determinative of
the
scope
and
breadth of the curfew regulations, are Unless
so
expressly
adopted,
the private lawyer's work cannot bind
inadequate to
ensure protection of the above-mentioned fundamental 1. Private attorneys cannot represent a province or municipality
themunicipality.
rights. While some provisions may be valid, the same are merely in
lawsuits. Only the provincial fiscal, provincial and municipal
attorney should represent a municipality in its
lawsuits. Only
in 5. The LGC requires prior authorization from the sangguniang
ancillarythereto;assuch,theycannotsubsistindependently.
exceptional instances may a private attorney be hired by a panlungsod, law, or ordinance, before a city mayor may sign a
As compared to the first two (2) ordinances, the list of exceptions contract on behalf of the city. If the city mayor has no authority
municipality to represent it in lawsuits. The municipality's
under the Quezon City Ordinance is more narrowly drawn to authority to
employ a private
attorney
is
expressly limited
only
to from the sangguniang panlungsod to sign a contract, members of
sufficiently protect the minors' rights of
association, free exercise of situations where the provincial fiscal would be disqualified to the
sangguniang panlungsod have standing to file a case to have this
religion,travel,topeaceablyassemble,andoffreeexpression. serveandrepresentit,towit: contractdeclarednullandvoid.(L ao,Jr.v.LGUofCagayanDeOro)
In
sum, while the
Court finds that
all three Curfew Ordinances have a. if and when original jurisdiction of case involving the Toacquireandconveyproperty
passed the first prong of the strict scrutiny test
— that
is,
that the municipalityisvestedintheSC, 1. If the property is owned by the municipality in its public and
State has sufficiently shown a compelling interest to promote
b. when the municipality is a party adverse to the provincial governmental capacity, the property is public and Congress has
juvenile safety and prevent juvenile crime in the concerned
government or to some other municipality in the same absolutecontroloverit.
localities, only the Quezon City Ordinance has passed the second
prong of
the
strict
scrutiny test, as
it
is
the
only issuance out of the province,and But
if
the property is owned in its private or proprietary capacity,
three which provides for
the least restrictive means to achieve this c. when, in a case involving the
municipality,
he,
or
his
wife,
or then it is patrimonial and Congress has no absolute
control. The
interest. child, is pecuniarily involved, as heir legatee, creditor or municipality cannot be deprived of it without due process and
otherwise. payment of just compensation. (Province of Zamboanga del Norte v.
Localinitiativeandreferendum CityofZamboanga)
2. In Ramos v. CA, the Court ruled that a municipality may not be
1. Local initiative is the legal process whereby the registered represented by a private law firm which had volunteered its 2. Regardless of
the
source
or
classification of
land in the possession
voters of a LGU may directly propose, enact, or amend any services gratis, in collaboration with the municipal attorney and of
a municipality, excepting those acquired with its own funds in its
ordinance. the fiscal, as such representation was violative of
Sec.
1683
of
the private or corporate capacity, such property is held in trust for
old Administrative Code. Only accountable public officers may the State for the benefit of its inhabitants, whether it be for
2. If
the
proposition is
approved by a majority of the votes cast, it
act for and in behalf of public entities and
that public
funds governmentalorproprietarypurposes.(R abucov.Villegas)
shall take effect fifteen (15)
days after
certification by the
COMELEC. shouldnotbeexpendedtohireprivatelawyers. 3. Property however, which is patrimonial and which is held by a
municipality in its proprietary capacity is treated as the private
asset of the town and may be levied upon and sold under an
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ordinary execution. The same rule applies to municipal funds 1. While the
authorization
of
the
municipal
mayor
need
not
be
in
the funded by
lump-sum
appropriations.
(Verceles,
Jr.
v.
COA
2016
En
derivedfrompatrimonialproperties.(M uniofPaoayv.Manaois) form of an ordinance, the obligation which the said local Banc)
4. The properties of
a municipality,
whether
real
or
personal, which executive is
authorized to
enter
into
must
be made pursuant
7. Under Section 336
of the LGC, the general rule is that funds shall
are necessary for public use cannot be attached and sold at toalaworordinance.(LandBankv.Cacayuran2013)
be available exclusively for the specific purpose for which they
execution sale to satisfy a money judgment against the 2. An act which is outside of the municipality’s jurisdiction is have been appropriated. The exception is when the LCE is
municipality. Municipal revenues derived from taxes, licenses and considered as
a void
ultra vires
act, while an act attended only by authorized by ordinance to augment any item
in the
approved
market fees,
and which are intended primarily and exclusively for an irregularity but remains within the municipality’s power is annual budget from savings in other items within the same
the purpose of
financing the
governmental activities and
functions considered as an ultra vires act subject to
ratification and/or expenseclass.(ibid.)
ofthemunicipality,aree xemptfromexecution. validation.Totheformerbelongsmunicipalcontractswhich
8. A line-item is "the last and indivisible purpose of a program in
5. Where a municipality fails
or
refuses, without justifiable reason, to a) areenteredintob
eyondthepowersoftheLGU;and the appropriation law, which is
distinct
from the expense category
effect payment of a final money judgment rendered against it,
the or allotment class." It is an allocation of a specified singular
b) donotcomplywiththes ubstantiverequirementsoflaw;
claimant may avail of the remedy of m andamus in order to amount for a specified singular purpose. (Germar v. Legaspi
compel the enactment and
approval of the necessary appropriation whiletothelatterbelongsthosewhich 2018)
ordinance, and
the
corresponding disbursement of municipal funds
c) are entered into
by
the
improper
department,
board,
officer
of 9. RA 7160 explicitly provides that, as a rule, "acquisitions of
therefor.(M uniofMakativ.CA)
agent;and supplies by LGUs shall be through competitive bidding." By
Toenterintocontracts wayofe xception,nobiddingisrequiredinthefollowinginstances:
d) do not comply with the formal requirements of a written
Requisitesofavalidlocalgovernmentcontract contracte.g.,theStatuteofFrauds.(i bid.) a) personalcanvassofresponsiblemerchants;
a. The LGU must have the power to enter into the particular 3. Public officials can
be held personally accountable for acts claimed b) emergencypurchase;
contract; to have been performed in connection with official duties where
theyhaveactedu ltravires.(ibid.) c) negotiatedpurchase;
b. Pursuant to Sec 22(c), there must be prior authorization
bythesanggunianconcerned; 4. If
the project is
already provided for in the appropriation ordinance d) direct purchase from manufacturers or exclusive distributors
in
sufficient detail,
then no
separate authorization is necessary. and
c. If the contract involves the expenditure of
public
funds,
there
shouldbe On the other hand, if the project is couched in general terms, then a e) purchase from other government entities. (Sison v. People
separate approval by the Sangguniang Bayan is required. 2010)
i. Anactualappropriation;and
(Quisumbingv.Garcia)
ii. Acertificateofavailabilityoffundsb
ythetreasurer; 10. A local chief executive could only resort to a negotiated
5. When the
local
chief
executive enters into contracts, the law speaks purchase under Section 366 of RA No. 7160 and the COA
d. Must conform
with the formal requisites of written contracts; of prior authorization or authority from the Sangguniang Resolutionsifthefollowingtworequisitesarepresent:
and Panlungsodandn otratification.(Vergarav.Ombudsman)
e. If a province is a party to a contract conveying title to real 1) public biddings have failed for at least two consecutive
6. While a blanket authority is not per se ineffective, it does not timesand;
property, it
must be approved by the President; If municipality, suffice for purposes of implementing projects funded by
itshouldbeapprovedbytheGovernor. lump-sumappropriations. 2) no suppliers have qualified to participate or win in the
Ultraviresacts biddings.(Ongv.People)
The nature of lump-sum appropriations vis-a-vis the power of
the
purse of
the
SP requires
the
local
chief
executive
to
obtain definite LiabilityofLGUs
EffectsofNoncompliance
and specific authorizations before he can enter into contracts 1. It
is
not
necessary for
the
liability
to attach that the defective roads
AandC=Ultravires;BandD=mayberatified.
or streets belong to the
LGU from
which responsibility is
exacted.
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What is required is that the LGU has either "control or
9. This principle of personal liability has been applied to cases Respondents' resort to filing a case before the RTC was warranted
supervision" over said street or
road. (City
of
Manila v.
Teotico
where a public officer removes another officer or discharges an under the circumstances of this case. They took all the necessary
applied in Jimenez v. City of Manila, Guilatco v. City of
Dagupan,
employeewrongfully.(C orreav.CFIofBulacan) steps to
settle the dispute within the procedure set out in the law, and
andMuniofSanJuanv.CA)
Settlementofboundarydisputes by
all
indication, was
prepared to
see
the
matter thru
in
order to lay
2. LGUsandtheirofficialsaren
otexemptfromliabilityfor theissuetorest.
Jurisdictional Responsibility for Settlement of Boundary Dispute.
a. deathorinjurytopersonsor However, petitioners failed to perform their concomitant
— Boundary disputes between and among LGUs shall, as much as
responsibility under the same law, leaving respondents with no other
b. damagetoproperty.(Sec24,LGC) possible,besettledamicably.Tothisend,boundarydisputesinvolving:
recourse but to bring the matter to court. As such, respondents'
3. The State is only liable for the acts of its agents, officers and a. two (2) or more barangays in the same
city
or
municipality petitionbeforetheRTCmustbeupheld.
employees when they act
as
special agents and that the chauffeur shall be referred for settlement to the sangguniang
oftheambulanceoftheGeneralHospitalwasnotsuchanagent. panlungsodorsangguniangbayanconcerned.
CityofParanaquev.KatipunanngmgaMamamayanngBagong
b. two (2) or more municipalities within the same province Parañaque,Inc.2016
A special agent is one who receives a definite
and fixed order or
commission, foreign to
the
exercise
of
the
duties
of
his office
if
he shall be referred for settlement to the sangguniang
The ordinance unequivocally transfers jurisdiction over Aseana
isaspecialofficial.(M errittv.GovofthePhilIslands) panlalawiganconcerned.
Business Park from Barangay Tambo to Barangay Baclaran. This
c. municipalities or component cities of different provinces constitutes a substantial alteration of boundaries, albeit
4. A municipality is not exempt from liability for the negligent
shall be jointly
referred
for
settlement to
the
sanggunians
of wordedtoappearthatitismerelyatransferoftaxdeclaration.
performance of its
corporate or
proprietary or
business functions.
theprovinceconcerned.
(Mendozav.DeLeon)
d. a component city or municipality on
the
one
hand and a HUC Localofficials
5. The doctrine of implied municipal liability has been said to
on the other, or two (2) or more HUCs, shall be jointly Vacanciesandsuccession
apply to all cases where money or other property of a party is
referredforsettlementtotherespectivesanggunians.
received under such circumstances that the general law, Position Remedy
independent of express contract implies an obligation upon the e. In the event the sanggunian fails to effect an amicable
municipalitytodojusticewithrespecttothesame. settlement within sixty (60) days from the date the dispute Governoror ViceGovernororViceMayorsucceeds
was referred thereto,
it
shall
issue a certification to
that
effect. Mayor
6. The measure of recovery is the benefit received by the Thereafter, the dispute shall be formally tried by the
municipalcorporation.(P
rovofCebuv.IAC) sanggunian concerned which shall decide the issue within ViceGovernor No1BoardMemberorCouncilorwiththehighest
sixty (60) days from the date of the certification referred to orViceMayor percentageofvotes.
7. The doctrine of estoppel CANNOT be applied as against a
municipal corporation
to
validate a contract
which it has no power above.
Punong No1BarangayKagawad
to make or which it is authorized to make, although the There is a boundary dispute when a portion
or
the
whole
of
the Barangay
corporation has accepted the benefits thereof and the other party territorialareaofanLGUisclaimedbytwoormoreLGUs.
has fully performed his part of the agreement, or has expended large Sanggunian Appointmentby:
sums in preparation for performance. (San Diego v. Muni of BrgyMayamot,AntipoloCityv.AntipoloCity2016 Members a) President,incaseofProvinceorHUCor
Naujan) ICC;
The RTC is without jurisdiction to settle a boundary dispute
involving barangays in the same city or municipality. Said dispute b) Governor,incaseofComponentCityof
8. The general rule is that public officials can be held personally
Municipality;
accountable for acts claimed to have been performed in shall be referred for settlement to the sangguniang panlungsod or
sangguniangbayanconcerned. c) Mayor,incaseofbarangayupon
connection with official duties where they
have acted ultra vires or
recommendationofthesangguniang
wherethereisashowingofb adfaith.(Chavezv.SB,Ramav.CA)
barangay.
ProvofAntiquev.Calabocal2016
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1. leaveofabsence, 3) Dishonesty, oppression, misconduct in office, gross negligence,
Appointeeshouldbeaparty-mateofthemember
whocausedthevacancytomaintainparty 2. travelabroad,and orderelictionofduty;
representation. 4) Commission of any offense involving moral
turpitude
or
an
3. suspensionfromoffice,
Ifmemberisindependent,thesanggunian offensepunishablebyatleastp risionmayor;
nominates. the vice-governor, vice-mayor, or the highest ranking
5) Abuseofauthority;
sangguniang barangay
member shall automatically exercise the
Chuav.Comelec2016EnBancLeonen,J powers and perform the duties and functions of the LCE 6) Unauthorized absence for fifteen (15) consecutive working
concerned,exceptt hepowerto days,excepti nthecaseofmembersofthesanggunian;
Dual citizens are disqualified from running for
any
elective local
1. appoint, 7) Application for, or acquisition of, foreign citizenship or
position. Their
certificates of candidacy are void ab initio, and votes
residenceorthestatusofanimmigrantofanothercountry.
cast
for
them will
be disregarded. Consequently, whoever garners the 2. suspend,or
next highest number of votes among the eligible candidates is the An elective local official may be
removed
from
office
on
the
grounds
3. dismissemployees
personlegallyentitledtotheposition. enumeratedaboveb yorderofthepropercourt.
which can only be exercised if the period of temporary
incapacityexceedsthirty(30)workingdays. Jurisdiction
Victoriav.Comelec
b) Said temporary incapacity shall terminate submission A verified complaint against any erring local elective official shall be
upon
The law is clear that the ranking in the Sanggunian shall be to
the appropriate sanggunian of a written declaration by preparedasfollows,acomplaintagainstanyelective:
determined on the basis of the proportion of the votes obtained by theLCEthathehasreportedbacktooffice. a) official of
a province,
a HUC, an ICC or component city shall
each winning candidate to the total number of r egistered befiledbeforetheO fficeofthePresident;
c) OIC. — When the incumbent LCE is traveling within the
voters of each district. It does not mention anything about factoring
country
but
outside
his
territorial
jurisdiction for
a period not b) official of a municipality shall be filed before t he
thenumberofvoterswhoactuallyvoted.
exceeding three (3)
consecutive days, he may designate in sangguniang panlalawigan whose decision may b e
writingtheOICofthesaidoffice.. appealedtotheOfficeofthePresident;and
Damasenv.Tumamao2010alsoinN
avarrov.CA
d) Mandatory OIC. — In the event, however, that the LCE c) barangay official shall be filed before the sangguniang
Thelawprovidesforconditionsfortheruleofsuccessiontoapply: concerned fails or refuses to issue such authorization, the panlungsod or bayan
concerned whose decision
shall be
final
First, the appointee shall come from the same political party as next
ranking officer
shall have the
right
to
assume the powers, and e
xecutory .
thatoftheSanggunianmemberwhocausedthevacancy. duties, and functions of the said office on the fourth (4th) The Ombudsman has concurrent jurisdiction over administrative
Second, the appointee must
have
a nomination
and
a Certificate
of day of absence of the said LCE, subject to the limitations cases. The Ombudsman has primary jurisdiction to investigate any
Membership from the highest official of the political party provided. act or o
mission of a public officer or employee who is under the
concerned. Discipline jurisdictionoftheSandiganbayan.
Since the permanent vacancy in
the
Sanggunian occurred because of i.Electiveofficials Preventivesuspension
the elevation of LDP member Alonzo to vice-mayor, it follows that 1. Preventivesuspensionmaybeimposed:
Grounds
the person to succeed her should also belong to the LDP so as to
An
elective
local
official
may be disciplined, suspended, or removed a) By the President — province,
a highly
urbanized
or
an
preservepartyrepresentation.
fromofficeonanyofthefollowinggrounds: independentcomponentcity;
TemporaryVacancyintheOfficeoftheLCE 1) DisloyaltytotheRepublicofthePhilippines; b) Bytheg
overnor—componentcityormunicipality;or
a) When the LCE is temporarily incapacitated to perform his 2) CulpableviolationoftheConstitution; c) Bythem
ayor—barangay.
dutiesforphysicalorlegalreasonssuchas,butnotlimitedto, 2. Preventivesuspensionmaybeimposedatanytime
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a) aftertheissuesarejoined, ii.Appointiveofficials
a) The sangguniang panlalawigan, in case of decisions of the
b) whenthee
videnceofguiltisstrong,and sangguniang panlungsod of component cities and the
Dagadagv.Tongnawa
c) given the gravity of the offense, there is great probability sangguniangbayan;and
that the continuance in office of the respondent could b) The Office of the President, in case of decisions of the Where a municipal mayor orders the suspension or dismissal of a
influence the witnesses or pose a threat to the safety municipal employee on grounds he believes to be proper, but his
sangguniang panlalawigan and that of HUCs and ICCs. Decisions
andintegrityoftherecordsandotherevidence. order is
reversed
or
nullified
by
the
CSC or the CA, he has the right to
oftheOfficeofthePresidentshallbef inalandexecutory.
contestsuchadverseruling.
3. Any single preventive suspension of local elective officials Doctrineofcondonation
shallnotextendbeyonds ixty(60)days. Recall
Carpio-Moralesv.CA2015EnBanc
4. In the event that several administrative cases are filed the
1. For
the 1 year time bar to apply, the approaching regular local
preventive suspension can
not
last
for
more than
ninety (90) 1. Election is not a mode of condoning an administrative election must be one where the position of the
official
to
be
days within a single year on the same ground or grounds offense, and there is
simply no
constitutional or statutory basis recalled, is to be actually contested and filled by the
existingandknownatthetimeofthefirstsuspension. in our jurisdiction to support the notion
that
an
official
elected electorate.(Angobungv.Comelec)
5. Upon expiration of the preventive suspension, the suspended for a different term is fully absolved of any administrative
2. Any elective local official may be the subject of a recall election
elective official shall be
deemed reinstated in
office without liability arising from an
offense done during a prior term. In this
onlyO NCEduringhistermofofficeforlossofconfidence.
prejudice to the continuation of the proceedings against him. jurisdiction, liability arising from administrative offenses
However, if the delay in the proceedings of
the case is
due to may be condoned bv the President in light of Section 19, 3. No
recall
shall
take
place
within
one (1)
year
from the
date
of
the
his fault, neglect, or request, other than the appeal duly filed, Article VII of the 1987 Constitution which was interpreted in official's assumption to office or one (1) year immediately
the
duration of
such delay shall
not
be counted in computing Llamasv.Orbostoapplytoadministrativeoffenses. precedingaregularlocalelection.
thetimeofterminationofthecase. 2. This
Court's abandonment of the condonation doctrine should be TermLimits
6. If the purpose of the preventive suspension is already achieved, prospective in application for the reason that judicial Section 8.
Art X.
1987 Constitution. The term of office of elective
the imposition of the maximum period of 6 months is decisions applying or interpreting the laws or
the
Constitution, local officials, except
barangay officials, which shall be determined
unwarranted.( Garciav.Mojica) until reversed, shall form part of the legal system of the by law, shall be three years and no such official shall serve for
Removal Philippines. morethant hreeconsecutiveterms.
The penalty of dismissal from service upon an erring elective Voluntary renunciation of the office for any
length of
time shall
Gironv.Ochoa2017
local official
may be o
decreed nly
by
a court of law. (Pablico v. not
be considered as an interruption in the continuity of his service
Villapando) The condonation doctrine applies to a public official elected to forthefulltermforwhichhewaselected.
anotheroffice. Sec 43 LGC. The term of barangay officials and members of the
The penalty of
removal from
office
as a result
of an administrative
sangguniang kabataan shall be
for
five
(5) years xxxx (as amended
investigation shall be considered a BAR to the candidacy of the
Dimapilisv.Comelec2017EnBanc byRANo.8524)
respondentforanyelectiveposition.
Perpetual disqualification to hold public office is a material fact Notes
Administrativeappeal
involving eligibility which rendered petitioner's CoC void from 1. For local elective officials, three-term limit rule applies
Decisions in administrative cases may, within thirty (30) days
from
the start since
he
was
not
eligible
to
run
for
any
public office
at
the whenthefollowingconcurs:
receiptthereof,bea ppealedtothefollowing: timehefiledthesame.
a) Electiontosameposition;AND
b) Fullservice,for3consecutiveterms.
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2. GR:Thelimitdoesnotapplywhenthereisaninterruption. Punong Barangay. YES. His election as municipal
councilor
would Is the provincial board member’s election to the same position for the
entailabandonmentandaswithresignation,isvoluntary. third and fourth time, but now in representation of the renamed
INTERRUPTS DOESNOTINTERRUPT
district,aviolationofthethree-termlimitrule?
Involuntary Succession; Suspension; Aldovinov.Comelec YES. The actual difference in the population of the old Second
Cause Recall; ExtendedIllness; District from that
of
the current Third District amounts to
less
than
Temporary inability or disqualification to exercise the functions of an
DQbeforeend ForceMajeure; 10% of the population of the
latter. This
numerical fact
renders the
ofterm; Conversionofmunicipalityto elective post, even if involuntary, should not be considered an
effective interruption of
a term
because
it
does not involve the loss new Third District as essentially, although not
literally,
the same as
city;
oftitletooffice. theoldSecondDistrict.
DQafterendofterm
The best indicator of the suspended official's continuity in office
is
Voluntary Renunciation(abandonmentor Talladov.Comelec2019EnBanc
Cause resignation); the absence of a permanent replacement and the lack of the
authoritytoappointonesincenovacancyexists. Once the order of the Office of the Ombudsman to dismiss an elective
local official is
executed, the
dismissed official
thereby loses
title to
3. Thereisinterruptionifthereisinvoluntarylossoftitle.
Abundo,Srv.Comelec2
013EnBanconeffectofelectionprotest the office even if he or she has filed a timely appeal assailing the
Adormeov.Comeleca
swithS ocratesv.Comelec dismissal which would have prevented it from attaining finality. The
The consecutiveness of what otherwise would have been Abundo’s loss of
title
to
the office constitutes an involuntary interruption
An elective official, who has
served for
three
consecutive terms and three successive, continuous mayorship was effectively broken when oftheofficial'sserviceofhisorherfullterm.
who did not seek the elective position for
what could
be
his
fourth he was
initially
deprived of
title to,
and
was
veritably
disallowed to
The DILG's execution of the OMB decisions for the petitioner's
term, but
later won in
a recall
election, had an interruption in the serve and occupy, an office to which he
was
eventually
declared
to
continuityoftheofficial’sservice. havebeentherightfulchoiceoftheelectorate. dismissal clearly constituted loss of the petitioner's title to the office.
The dismissals were involuntary interruptions in the petitioner's
The two-year period during which his opponent was serving as
2016-2019 term. As such, he cannot be considered to have fully
RiveraIIIv.Comelec mayorshouldbeconsideredasani nterruption. servedathirdsuccessivetermofoffice.
Here, respondent Morales was elected for
the term July 1, 1998 to
Albaniav.Comelec2
017EnBanc
June 30, 2001. He assumed the position. He served as mayor until
June 30, 2001. He was mayor for the entire period notwithstanding A violation of the
three-term limit
rule
is
an
ineligibility which
is
a
XIV.NATIONALECONOMYANDPATRIMONY
the
Decision of
the RTC in the electoral protest ousting him as mayor. proper ground for
a petition
to
deny due course to
or
to
cancel a
To reiterate, as held in Ong v. Alegre, such circumstance does not A.Exploration,development,andutilizationofnatural
COCunderSection78oftheOEC.
constituteaninterruptioninservingthefullterm. resources
While respondent ran as Governor of Camarines Norte in the 2007
elections, he did
not win as
such.
It
was only after he filed a petition B.Franchises,authorities,andcertificatesforpublicutilities
Dizonv.Comelec
for correction of manifest error that he was proclaimed as the
The assumption by the vice mayor of the office of the mayor, no duly-elected Governor. He assumed the post and served the C.Acquisition,ownership,andtransferofpublicandprivate
matterhowshort,i nterruptedM orales’continuityofservice. unexpired term of his opponent. Consequently, he did not hold the lands
office for
the full
term of
three
years. As he had not fully served the
D.Practiceofprofessions
Bolos,Jrv.Comelec term, and had not been elected for three consecutive terms as
Governor,therewasn oviolationofthethree-termlimitrule. E.Organizationandregulationofprivateandpublic
Whether or not there was voluntary renunciation of the Office of
Punong
Barangay by petitioner when he assumed office as Municipal corporations
⭐Navalv.Comelec2
014EnBanc
Councilor
so
that he
is
deemed
to
have
fully
served
his third term as
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F.Monopolies,restraintoftrade,andunfaircompetition corporationsinvolvingt echnicalorfinancialassistance. personsandentitiespartakeoftwonatures:
Examining the
IPRA,
there is nothing in the law that grants to the a) apermit;and
ICCs/IPs ownership over the natural resources within their b) acontract.
A.Exploration,development,andutilizationof ancestral domains. The right of ICCs/IPs in their ancestral domains
naturalresources includes ownership, but this "ownership" is expressly defined and
Consistent with the Regalian Doctrine, all unexplored or
unextracted mineral resources belong to every. Issues regarding the
limitedinSection7(a).
Cruzv.SENRreConstitutionalityofIPRAanditsIRR exploration, extraction and utilization of mineral resources are
TheSmall-ScaleUtilizationofNaturalResourcesIsA
llowed imbued with public interest. This striking constitutional
AncestralDomainsandAncestralLandsarethePrivate realization justifies a strict
interpretation in
favor of
preserving
UnderParagraph3,Section2ofArticleXII
PropertyofIndigenousPeoplesandDoNotConstitutePartof the
possession of
mineral resources in
favor of
the State
and
in
theLandofthePublicDomain. Ownership over the natural resources in the ancestral domains trust for its citizens pending controversies regarding their
remains with
the
State
and
the
ICCs/IPs
are
merely granted the right exploration,extraction,transportationorexportation.
The private character of
ancestral
lands and domains as laid down in
to Thus, the CA is correct in declaring that the RTC erred in enjoining the
the IPRA is further strengthened by the option given to individual
ICCs/IPsovertheirindividually-ownedancestrallands. 1. "manageandconserve"themforfuturegenerations, DENR-MGB in suspending petitioner's mining operations as
well
as
withholdingtheissuanceofitsOTPsandMOEPs.
Section 3 of
Article XII on
National Economy and
Patrimony of the 2. "benefit and share" the profits from their allocation and
1987 Constitution classifies lands of the public domain into
four utilization,and B.Franchises,authorities,andcertificatesforpublic
categories: (a) agricultural, (b) forest or timber, (c) mineral lands, 3. "negotiate
the
terms and conditions for their exploration" for utilities
and (d) national parks. Section 5 mentions ancestral lands and the purpose of "ensuring ecological and environmental Section 11. No franchise, certificate, or any other form of
ancestral domains but it
does not classify them under any of the said protectionandconservationmeasures." authorization for the operation of a public
utility
shall
be
granted
four categories. To classify them as
public lands under any one
Simply stated, the ICCs/IPs' rights over the natural resources except
ofthefourclasseswillrendertheentireIPRAlawanullity.
taketheformofm anagementorstewardship. a) toc itizensofthePhilippinesor
Sections7(a),7(b)and57oftheIPRADoNotViolatethe
TheLarge-ScaleUtilizationofNaturalResourcesIsA llowed b) to corporations or associations organized under the
laws
RegalianDoctrineEnshrinedinSection2,ArticleXII
UnderParagraphs1and4,Section2,ArticleXII of the Philippines, at least 60% of whose capital is owned
The Constitution provides that in the exploration, development bysuchcitizens;
and utilization of natural resources, the State exercises full Interpreting Section 2,
Article XII of
the
1987 Constitution in relation
to
Section 57 of
IPRA, the
State, as owner of
these
natural resources, nor
shall such franchise, certificate, or authorization be exclusive in
control and supervision, and may undertake the
same in
four
(4)
may directly undertake the development and exploitation of the characterorforalongerperiodthan50years.
modes:
natural
resources by itself, or
in the alternative, it may recognize the The State
shall
encourage equity
participation
in
public utilities
1. TheStatemayd
irectlyu
ndertakesuchactivities;or priority rights of
the ICCs/IPs as owners of
the
land
on which the bythegeneralpublic.
2. The State may enter into co-production, joint
venture or natural resources are found by entering into a co-production, joint
Section 17. In times of national emergency, when the public
production-sharing agreements with
Filipino citizens
or venture,orproduction-sharingagreementwiththem.
interest
so
requires, the
State
may,
during the emergency and under
qualifiedcorporations;
reasonable terms prescribed by it, temporarily take over or
3. Congress may, by law, allow small-scale utilization of ShuleyMinev.DENR2
019 direct the operation of any privately-owned public utility or
naturalresourcesbyFilipinocitizens; The
Regalian Doctrine espouses that
all lands of the public domain businessaffectedwithpublicinterest.
4. For the large-scale exploration, development and belong to the State,
and
that,
as
a consequence thereof, any
asserted Section 18. The State may, in
the
interest
of
national welfare
or
utilization of minerals, petroleum and other mineral oils, rightofownershipoverlandnecessarilytracesbacktotheState.
defense, establish and
operate vital
industries and,
upon
payment
the
President may enter into agreements with foreign-owned The mineral agreements entered into by the State with private
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of just compensation, transfer to public ownership utilities and
be
served
in
allowing
plaintiffs-appellants
to
recover the land as it is AGRIX.
otherprivateenterprisestobeoperatedbytheGovernment. alreadyinthehandsofqualifiedpersons.
Also, the means employed to rehabilitate
AGRIX fall
far
short of
the
Albanov.Reyes requirement that they shall not be unduly oppressive. The right to
Ramírezv.VdadeRamirez property in all mortgages, liens, interests, penalties and charges
Art. XII, Sec. 11 does not necessarily imply that only Congress has owing to the creditors of AGRIX is arbitrarily destroyed. There is
the power to grant such authorization. Our statute books are The Constitutional provision which enables aliens to acquire
discrimination as
well. In extinguishing the mortgage and other liens,
replete with laws
granting specified
agencies in the Executive Branch privatelandsdoesnotextendtot estamentarys uccession.
the
decree lumps the
secured creditors
with
the
unsecured creditors
the power to issue such authorization for certain classes of public and places them on the same level in the prosecution of their
utilities. Matthewsv.Taylor respective claims. In this respect, all of them are considered
In
the instant case,
the PPA,
in
the exercise of the option granted it by unsecuredcreditorsviolativeofthee qualprotectionclause.
Benjamin has no right to nullify the Agreement of Lease
P.D. No.
857, chose to
contract out the
operation and management of between Joselyn and petitioner. Benjamin, being an alien, is On top of all this, New Agrix, Inc. was created by special decree
the MICP to
a private corporation. This is clearly within its power to absolutely prohibited from acquiring private and
public
lands notwithstanding the provision of Article XIV, Section 4 of the 1973
do. The contract between the PPA and ICTSI, coupled with the in
the
Philippines. This
is
true even if we sustain Benjamin's claim Constitution proscribing the
formation, organization, or regulation of
President's written approval, constitute the necessary authorization thatheprovidedthefundsforsuchacquisition. privatecorporationsbythegovernment.
forICTSI'soperationandmanagementoftheMICP.
The decree also impairs the obligation of the contract between
D.Practiceofprofessions AGRIX and the private respondent without justification. While it
is
Republicv.PLDT
true that the police power is
superior
to
the
impairment clause, the
Section 14. The sustained development of
a reservoir of
national
There is no reason why the
State
may not
require
a public
utility to principle will apply only where the contract is so related to the
talents consisting of Filipino scientists, entrepreneurs, public welfare that it will
be
considered congenitally susceptible to
render services in the general interest, provided just compensation is
professionals, managers, high-level technical manpower and skilled changebythelegislatureintheinterestofthegreaternumber.
paid therefor. Ultimately, the beneficiary of the interconnecting
service would be the users of both telephone systems, so that the workers and craftsmen in
all
fields
shall be
promoted by
the State.
condemnationwouldbeforpublicuse. The State
shall encourage appropriate technology and regulate Libanv.Gordon2 011EnBanc
its transfer for the national benefit. The practice of all
C.Acquisition,ownership,andtransferofpublicand professions in
the
Philippines shall
be
limited to
Filipino citizens, The structure of
the PNRC is sui generis, being neither strictly private
nor public
in
nature. R.A.
No. 95
remains valid
and
constitutional in
privatelands saveincasesprescribedbylaw.
itsentirety.
Godinezv.PakLuen E.Organizationandregulationofprivateandpublic
corporations F.Monopolies,restraintoftrade,andunfair
The vendor or his heirs cannot rely on an argument based on competition
imprescriptibility because the land sold in 1941 is now in the Section 16. The Congress
shall not, except by general law, provide
hands of a Filipino citizen against whom the constitutional for the formation, organization, or regulation of private Section 19. The State
shall
regulate
or
prohibit
monopolies when
prescription was never intended to apply. Fong Pak Luen, the corporations. GOCCs may be created or established by special the public interest so requires. No combinations in restraint of
disqualified alien
vendee later
sold
the
same property
to
Trinidad S. charters in
the interest
of
the
common good and subject to the tradeorunfaircompetitionshallbeallowed.
Navata,aFilipinocitizenqualifiedtoacquirerealproperty.
testofeconomicviability.
Lagmanv.TorresD
ecisionandR
esolution
Tejidov.Zamacoma NADECOv.PVB A monopoly is a privilege or peculiar advantage vested in one or
The litigated property is now in the hands of Filipino citizens. The interests of the public are not sufficiently involved to warrant the more persons or companies, consisting in the exclusive right or
Zamacoma, who owns the bigger portions of subject properties, interference of
the government with
the private contracts of AGRIX. It power to carry on a particular business or trade, manufacture a
became a Filipino citizen as of 1936. The other defendants are all would appear that the decree was issued only to favor a special group particular article, or control the sale or the whole supply of a
Filipino citizens. Therefore, there would be no more public policy to of investors who have been preferred to the legitimate creditors of particularcommodity.
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and remove cultural inequities by equitably diffusing wealth and
On the other hand, a combination in restraint of trade is an Time and again, we have ruled that the social justice provisions of the
politicalpowerforthecommongood. Constitution are not self-executing principles ready for
agreement or understanding between two or more persons, in the
form of a contract, trust, pool, holding company, or other form of Sec 2. The promotion of social justice shall include the enforcement through the courts. They are merely statements of
association, for the purpose of unduly restricting competition, commitment to
create economic opportunities based on freedom of principles and
policies. To give
them effect, legislative enactment is
monopolizing trade and commerce in a certain commodity, initiativeandself-reliance. required.
controlling its production, distribution and price, or otherwise
Sec 10
Art
II. The
State
shall
promote
social
justice
in
all
phases B.Economic,Social,andCulturalRights
interfering with freedom of trade without statutory authority.
Combination in restraint of trade refers to the means while ofnationaldevelopment.
Economic, social, and cultural rights include the
human right to
monopolyreferstotheend. Theaimsofthepolicytopromotesocialjusticeare: work, the right to an adequate standard of living, including food,
Competition
is the underlying principle of Section 19, Article 1) To protect and enhance the right of all the people to human clothing, and housing, the right to physical and mental
health, the
XIIofourConstitutionwhichcannotbeviolatedbyR.A.No.8180. dignity; right
to
social
security, the
right
to
a healthy environment, and the
The offending provisions of R.A. No. 8180 so permeate
its
essence righttoeducation.
2) Toreducesocial,economic,andpoliticalinequalities;and
that
the
entire law has to be struck down. The provisions on tariff InternationalSchoolAllianceofEducatorsv.Quisumbing
differential, inventory and predatory pricing are among the 3) Toremoveculturalinequities.
principal props of R.A. No. 8180. Congress could not have The Constitution specifically provides that labor is entitled to
deregulatedthedownstreamoilindustrywithouttheseprovisions. Calalangv.Williams "humane conditions of
work." These conditions are not restricted to
the physical workplace - the factory, the office or the field - but
R.A. No. 8180 is declared unconstitutional and E.O. No. 372 Social justice is "neither communism, nor despotism, nor include as well the manner by which employers treat their
void. atomism, nor anarchy," but the humanization of laws and the employees.
equalization of social and economic forces by the State so that
To
recapitulate,
the Decision declared R.A. No. 8180 unconstitutional The Constitution also directs the State to promote "equality of
justice in
its
rational and objectively secular conception may at least
forthreereasons: employment opportunities for
all."
It
would
be an
affront to both the
be approximated. Social justice means the promotion of the welfare of
1) itgavemorepowertoanalreadypowerfuloiloligopoly; all the people, the adoption by the Government of measures spirit and letter of these provisions if the State, in spite of its
2) itblockedtheentryofeffectivecompetitors;and calculated to
insure economic stability of all the competent elements primordial obligation to promote and ensure equal employment
of
society, through the maintenance of
a proper
economic and social opportunities, closes its eyes to unequal and discriminatory terms
3) it will sire an even more powerful oligopoly whose andconditionsofemployment.
equilibrium in the interrelations of
the members of
the
community,
unchecked power will prejudice the interest of the
constitutionally, through the
adoption of measures legally justifiable, Article 7 of
the
International Covenant on
Economic, Social,
and
consumersandcompromisethegeneralwelfare.
or extra-constitutionally, through the exercise of powers underlying Cultural Rights impregnably institutionalized in this jurisdiction the
the existence of all governments on the time-honored principle of long
honored legal truism of "equal pay for equal work." Persons who
XV.SOCIALJUSTICEANDHUMANRIGHTS saluspopuliestsupremalex. work with substantially equal qualifications, skill, effort and
responsibility, under similar conditions, should be paid similar
A.ConceptofSocialJustice Dalton-Reyesv.CA salaries.
B.Economic,Social,andCulturalRights Under the
policy of
social justice, the law bends over backward to
C.CommissiononHumanRights
accommodate the interests of the working class on the
humane
C.CommissiononHumanRights justification that
those with less privilege in life should have more in Powers
law; more so in
the case
of
one
who pursues her case
even without
1. Investigate,
on
its
own
or
on
complaint
by
any party, all forms
the assistance of counsel. Social justice would be a meaningless term
ofhumanrightsviolationsinvolvingc ivilandpoliticalrights;
A.ConceptofSocialJustice ifanelementofrigiditywouldbeaffixedtotheproceduralprecepts.
2. Adopt its operational guidelines and rules of procedure, and
Sec
1.
The
Congress shall
give highest
priority to
the enactment of
BFAREmployeesUnionv.COA cite for contempt for violations thereof in accordance with
measures that protect and enhance the right of all the people to
theRulesofCourt;
human dignity, reduce
social, economic, and
political inequalities,
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3. Exercise visitorial powers over jails, prisons, or detention behalf
of
the
victims
of
human rights violations. Not being a court of XVI.EDUCATION,SCIENCE,TECHNOLOGY,
facilities; justice,theCHRitselfhasnojurisdictiontoissuethewrit.
ARTS,CULTUREANDSPORTS
4. Recommend to
Congress effective measures to promote human
Simon,Jrv.CHR
rights
and
to provide for compensation to victims of violations A.AcademicFreedom
ofhumanrights,ortheirfamilies; The term “civil rights,” has been defined as referring — to those Pimentelv.LEB2
019EnBanc
5. Monitor the Philippine Government's compliance with rights that belong to every citizen of the state or country, or, in a
wider sense, to all its inhabitants, and are not connected with the Section 5(2), Article XIV of the 1987 Constitution, provides that
internationaltreatyobligationsonhumanrights;
organizationoradministrationofgovernment. Academic freedom shall be enjoyed in all
institutions of higher
6. Grant immunity from prosecution to any person whose learning.
testimony or whose possession of documents or other Political
rights, on the other hand, are said to refer to the right to
Academic freedom has traditionally been associated as a narrow
evidence is necessary or convenient
to
determine
the
truth
in participate, directly or indirectly, in the establishment or
aspect of the broader area of
freedom of
thought, speech, expression
administration of
government, the
right
of
suffrage,
the
right
to
hold
anyinvestigationconductedbyitorunderitsauthority; and
the
press. It
has
been identified with the individual autonomy of
public office, the right of petition and, in general, the rights
educators to
"investigate, pursue, and discuss free
from
internal
and
appurtenanttocitizenshipvis-a-visthemanagementofgovernment.
Cariñov.CHR external interference or
pressure." Thus, academic freedom of faculty
The power to cite for contempt should be understood to apply only members, professors, researchers, or administrators is defended
The CHR
was not
meant
by
the
fundamental law
to
be another court to violations of its adopted operational guidelines and rules of basedonthefreedomofspeechandpress.
or quasi-judicial agency. The most that may be conceded to the procedure essential to carry out its investigatorial powers. The
Commission in the way of adjudicative power is that it may Academic freedom is enjoyed not only by members of the faculty, but
"order to desist" in the instance before us, however, is not
investigate, i.e.,
receive
evidence and make findings of fact as regards also
by
the students themselves, as
affirmed in Ateneo de Manila
investigatorial in
character but
prescinds from an adjudicative power
claimedhumanrightsviolationsinvolvingcivilandpoliticalrights. University v.
Judge Capulong. Jurisprudence has so
far understood
thatitdoesnotpossess.
academic freedom of the students as the latter's right to enjoy in
But fact-finding is not adjudication, and cannot be
likened to
the
CompositionandQualificationofMembers schooltheguaranteesoftheBillofRights.
judicial function of
a court
of
justice,
or
even
a quasi-judicial agency
or official. The function of receiving evidence and ascertaining ArtXIIISec17. Apart from the academic freedom of teachers and students, the
therefrom the facts of a controversy is not a judicial function, academic freedom of the institution itself is recognized and
properly speaking. To be considered such, the faculty of receiving 1) There is hereby created an independent office called the constitutionally guaranteed. As held in Garcia v. The Faculty
evidence and making factual conclusions in a controversy must be CommissiononHumanRights. Admission Committee, Loyola School of Theology, institutions
accompanied by the authority of applying the law to those factual decide for themselves their aims and objectives and how best to
2) The Commission shall be composed
of
a Chairman
and
four
conclusions to the end that the controversy may be decided or attain them. Garcia also enumerated the internal conditions for
determined authoritatively, finally and definitively, subject to such Memberswhomustbe institutional academic freedom, that is, the academic staff should
appeals or modes of review as may be provided by law. This a) natural-borncitizensofthePhilippinesand haved efactocontrolover:
function,torepeat,theCommissiondoesnothave.
b) amajorityofwhomshallbemembersoftheBar. a) theadmissionandexaminationofstudents;
b) thecurriculaforcoursesofstudy;
EPZAv.CHR Bautistav.Salonga
c) theappointmentandtenureofofficeofacademicstaff;and
Does the CHR have jurisdiction to issue a writ of injunction or Since the position of CHR is not among the positions mentioned in d) the allocation of income among the different categories of
restraining order against supposed violators of human rights, to the first sentence of Sec. 16, Art. VII of the 1987 Constitution, expenditure.
compel them to cease and desist from continuing the acts appointments to which are to be
made
with the
confirmation of
the
complainedof?NO. Commission on Appointments, it follows that the appointment by the State's supervisory and regulatory
power
over
legal
education
President of the Chairman of the CHR is to be made without the inrelationtoacademicfreedom
Evidently, the "preventive measures and legal aid services"
mentioned in the Constitution refer to extrajudicial and judicial revieworparticipationoftheCommissiononAppointments. The rule
is
that institutions of higher learning enjoy ample discretion
remedies which the CHR may seek from the proper courts on todecideforitself
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G.NationalityandStatelessness
1. whomayteach; Likewise, in
imposing that
only those with a basic degree in law may
2. whatmaybetaught, be admitted to graduate programs in law encroaches upon the law H.GeneralPrinciplesofTreatyLaw
school'srighttodeterminewhomaybeadmitted.
3. howitshallbetaughtand I.DoctrineofStateResponsibility
3. Minimumqualificationsoffacultymembers
4. whotoadmit,
As worded, the assailed clauses of Section 7(c) and 7(e)
insofar
as J.Refugees
being part of their academic
freedom. The State,
in
the exercise
of
they give
LEB the
power to
prescribe
the
minimum qualifications of
its reasonable supervision and regulation over education, can only K.Treatmentofaliens
faculty members are
in tune with the reasonable supervision and
impose minimum regulations. The right to receive education is not
regulation clause and do not infringe upon the academic L.InternationalHumanRightsLaw
and should not be taken to mean as a right to be admitted to
freedom of law schools. University of the East v. Pepanio held that
educationalinstitutions.
the requirement of a masteral degree, albeit
for
tertiary education M.InternationalHumanitarianLaw
By
case
law, the Court already upheld the validity of administering an teachers,isn otunreasonable.
aptitude test as a reasonable police power measure in the Categoriesofarmedconflicts
However, it
is
the
manner
by
which the
LEB
had
exercised
this
context of admission standards into institutions of higher learning.
power through its various issuances that prove to be CoreinternationalobligationsofStates
Pursuant to its
power under
Section 7(e),
the Court affirms the LEB's
unreasonable. The LEB-imposed period of compliance is
authority to initiate and administer an aptitude test, such as the
unreasonablegiventhelogisticalandfinancialobstacles. Principlesofinternationalhumanitarianlaw
PhiLSAT, as a minimum standard for law admission. Thus, the
PhiLSAT, insofar as it functions as an aptitude exam that 4. Legalapprenticeshipandlegalinternship
Lawonneutrality
measures the academic potential of the examinee to pursue
The provisions unduly interfere with
the
discretion
of
a law
school
the
study of law to
the end that the quality of legal education is N.LawoftheSea
regarding its curriculum, particularly its apprenticeship program.
improved,isn otperseunconstitutional.
Plainly,theseissuancesarebeyondmeresupervisionandregulation.
However, there are
certain
provisions of
the
PhiLSAT
that
render its
Baselines
operation exclusionary, restrictive, and
qualifying which
is
contrary
XVII.PUBLICINTERNATIONALLAW ArchipelagicStates
toitsdesignasanaptitudeexam.
LEB's Powers
vis-a-vis
Institutional
Academic
Freedom
and
the Internalwaters
A.Concepts
RighttoEducation
Territorialsea
1. PhiLSAT B.RelationshipbetweenInternationalandPhilippine
Contiguouszone
The Court
takes a calibrated approach and partially nullifies
LEBMO domesticlaw
No. 7-2016 insofar as it absolutely prescribes the passing of the Exclusiveeconomiczone
PhiLSAT and the
taking thereof within
two years as a prerequisite for C.Sourcesofinternationallaw
admission to
any law school which,
on its
face,
run directly counter Continentalshelf
D.Subjectsofinternationallaw
toinstitutionalacademicfreedom.
InternationalTribunalfortheLawoftheSea
2. OtherLEBissuancesonlawadmission E.JurisdictionofStates
The requirement that an
applicant obtain a specific number
of
units O.InternationalEnvironmentalLaw
BasisofJurisdiction
in English, Mathematics, and Social Science subjects affects a law
Principle21ofStockholmDeclaration
school's admission policies leaving the latter totally without ExemptionsfromJurisdiction
discretion to
admit
applicants who
are
deficient in
these
subjects or Precautionaryprinciple
to allow such applicant to complete these requirements at a later ActofStatedoctrine
time.
F.DiplomaticandConsularLaw
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d. subject to
the
provisions of
Article
59,
judicial decisions
and Theimportantelementstoconsiderinthiscaseare:
A.Concepts the teachings of the most highly qualified publicists of the
1. Public International Law is
the
system of
law
that
regulates a. The objection by the dissenter must have been done
various nations, as
subsidiary means for
the determination of
the
interrelationship
of
sovereign states
and duties with regard beforet henormhasripenedtoCILorattheoutset.
rulesoflaw.
tooneanother. b. Theobjectionmustbeconsistent.
This provision shall not prejudice the power of the Court to decide
a
2. Comitas gentium.
—
or
international comity, refers to rules caseexaequoetbono,ifthepartiesagreethereto. c. The objection must be categorical, clear and
of politeness,
convenience and
goodwill
observed by
States in equivocald issentmustbeshown.
Notes
theirmutualintercoursewithoutbeinglegallyboundbythem. 7. What is
the value of the POD? Since it is a CIL, all states must
1. Thereare2instanceswheree
quitym
aybeapplied:
3. Hard law refers to
binding
international
legal
norms
or
those comply because all states
are
bound
by it.
However, when the
whichhavecoercivecharacter. a. Ex Aequo et Bono — there is the requirement of state
qualifies as
a persistent objector, it may not be compelled
agreement by the parties by permitting the ICJ to tofollowtheCIL.
Soft law refers
to
norms
that
are
non-binding
in
character
but
resolve the case on the basis of e
quity instead of the
stillhavelegalrelevance. 8. There is no stare decisis on ICJ decisions because Art 59
applicablerulesofinternationallaw.
provides that decisions of ICJ shall apply only between the
B.RelationshipbetweenInternationalandPhilippine b. Non liquet. — “it is not clear,” refers to a situation partiesandonlyinaparticularcase.
domesticlaw where there is
no
applicable law and
the parties have
9. Obligations Erga Omnes. — Obligations of a state to the
notagreedtohavetheircasedecidede xaequoetbono.
GovernmentofHongKongSARv.Olalia,Jr. international community. Obligations for
which all
states have
2. Equitycanperformthreefunctions a
legal interest in the fulfillment by reason of the importance of
The modern trend in public international law is the primacy
a. Equity infra legem — to adapt to the facts of their subject matter to the international community. Whether
placed on the worth of the individual person and the sanctity of
human rights. Slowly, the recognition that
the
individual person individualcases; such duty addresses a jus cogens norm in order to protect,
may properly be a subject of international law is now taking b. Equityp
raeterlegem—tofillgapsinthelaw; promoteandpreserveajuscogensnorm.
root. The v ulnerable doctrine that the subjects of international 10. Unilateral Declaration of State Doctrine. — A unilateral
c. Equity contra legem — as a reason for refusing to
law are limited only to states was dramatically eroded
towards
the declarationbindsthestateinternationallywhen:
applyunjustlaws.
secondhalfofthepastcentury.
3. HowisPILformed? a. Publiclymadeandmanifestingwilltobebound;
PleaserefertoAdherencetoInternationalLawformorecases. b. Madebyanauthorityvestedwiththepowertodoso;
a. Throughstatepractice—2elements:
C.Sourcesofinternationallaw i. objectiveelement(generalstatepractice); c. Madeorallyorinwriting;
Article38,I nternationalCourtofJusticeStatute ii. subjective element (opinio juris sive d. Addressed to the international community or to
The
Court,
whose
function is
to decide in accordance with international necessitatis) specificstateorentity;
lawsuchdisputesasaresubmittedtoit,shallapply: e. Statedinclearandspecificterms;
b. Through agreement by the states — Through
a. international conventions, whether general or p articular, conventionsortreaties. f. Consistentwithjuscogens;
establishing rules expressly recognized by the contesting g. Willnotbindthirdstateswhodonotacceptit;
4. Lotus Doctrine. — A state is barred to do an act only when it is
states;
so
prohibited
under a treaty or
CIL
because restriction to state h. Notvalidlyrevoked.
b. international custom, as evidence of a general practice sovereigntyisnotpresumed.
acceptedaslaw; BayanMunav.Romulo2
011EnBancreExecutiveAgreements
5. Relevant State
Practice
Doctrine. — Practice
of
those
states
c. thegeneralprinciplesoflawrecognizedbycivilizednations; whoseinterestsarespeciallyaffected. Internationalagreementsmaybeintheformof
6. WhatisthePersistentObjectorDoctrine(POD)? 1) treaties that require
legislative
concurrence
after
executive
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GeneralPrinciplesofLaw Council alone has
the
power
to make decisions which Member
ratification;or
Statesareo bligatedu ndertheChartertocarryout.
2) executive agreements that are similar to treaties, except 13. Are those which are recognized by civilized nations to be so
that they do not require legislative concurrence and are fundamental that
they a basic tenet in virtually every major Effectofactionsoforgansofinternationalorganizations
are
usually less formal and deal with a narrower range of subject legal system. They are derived from domestic law. They find created
b yt
reaty
mattersthantreaties.
relevanceinf illinggapsleftbytreatiesandCIL. 20. Art 2(a) of the 2011 Draft Articles on the Responsibility of
Under international law, there is no difference between treaties 14. In the Corfu Channel Case, the ICJ held that the obligation of International Organizations, an “international organization”
andexecutiveagreementsintermsoftheirbindingeffects.
Albania to notify the UK of the existence of minefield in its is
one established by
a treaty
or
other
instrument governed by
territory is based on certain general and well-recognized international law and possessing its own international legal
Saguisagv.ExecutiveSecretary2
016EnBancreEDCA
principlesofIL: personality. International organizations may include as
Executive agreements may dispense with the requirement of
Senate a. Elementary considerations of humanity, even more members,inadditiontoStates,otherentities.
concurrence because of the legal mandate with which they are exactinginpeacethaninwar; 21. Every internationally wrongful act of an international
concluded. They merely involve arrangements on the
b. Principleoffreedomofmaritimecommunication;and organization entails the international responsibility of that
implementation of
existing
policies, rules, laws, or agreements. They
areconcluded organization.
c. Every State has an obligation not to
allow knowingly
1) toadjustthedetailsofatreaty; its
territory to be used for acts contrary to the rights of 22. There is an internationally wrongful act of an international
2) pursuant to or upon confirmation by an act of the otherStates. organizationwhenconductconsistingofanactionoromission:
Legislature; 15. The Aramco
Arbitration Case declared the principle of respect a) isattributabletothatorganizationunderIL;and
3) in
the
exercise
of
the
President's
independent
powers
under for acquired rights as one of the fundamental principles of b) constitutesabreachofaninternationalobligation.
theConstitution. bothPILandofthemunicipallawofmostcivilizedStates.
23. The conduct of an organ or agent of an international
The raison d'etre of executive agreements hinges on prior 16. The principle of estoppel is also considered a general
constitutionalorlegislativeauthorizations. organization in the performance of functions of that organ
or
principle of
law
as
applied
in
the
Case
Concerning
the Temple agent shall be considered an act of that organization under
ofPreahVihear. international law, whatever position the organ or agent
CustomaryInternationalLaw
17. Our own SC
in
Kuroda v.
Jalandoni
has
declared that
the
rules holdsinrespectoftheorganization.
11. CIL consists of rules of law derived from the consistent and regulations of the Hague Conventions are generally 24. The conduct of an organ of a State or an
organ
or
agent
of
an
conduct of States acting
out of
the
belief
that
the
law
required accepted principles of law. Therefore, they form part of our international organization that is placed at the disposal of
themtoactthatway. laws even if the Philippines was not a signatory to the another international organization shall be considered under
12. Theelementsofcustomarynormsare: conventions. international law an act of the latter organization if the
a. Durationo
rlongStatepractice; EffectofUNDeclarations,SecurityCouncilResolutions organizationexercisese ffectivecontrolo verthatconduct.
b. Consistency of the State practice or the widespread 18. Resolutions of the UN General Assembly are mere D.Subjectsofinternationallaw
repetition by States of similar international acts
over recommendations on questions or matters
within
the
scope
1. subject of IL is one to whom the rules of IL are immediately
A
time; ofthepresentUNCharter.
addressed.
c. Generality of the State practice or that the acts are The resolutions, however, may constitute evidence of the
taken by a significant number of States and not On the other hand, an object is
a person
or
entity
for
which
existenceofinternationalcustoms.
rejectedbyasignificantnumberofStates;and the subjects of IL hold rights and obligations in the
19. Under Art 25 of the UN Charter, all members agree to accept and internationallegalorder.
d. Opinio Juris Sive Necessitatis or the requirement carry out the decisions of the Security Council. While other
thattheactsmustoccuroutofasenseofobligation. organs of
the UN make recommendations to
Governments, the
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States some powerful states used to be the colonizing states to 15. Elementsof"belligerency"forpurposesofrecognition
exercise this power for them until the time that protectorate
2. Doctrine of
State
Continuity.
State
continues
despite changes a. Occupationofsubstantialportionofterritory,
willnowbeabletogovernitselfmoreeffectively.
ofgovernment,people,andterritory. b. Organized civil government supported by the
8. Principle of Uti Possidetis Juris. — A general rule of IL
3. Doctrine of State Succession. Opposite of Continuity. When majorityoftheinhabitantsintheterritory,
stating that the boundaries of colonial territories ought to
one state succeeds another, there is now a change of become international boundaries when those territories c. Conflict between legitimate government and the
sovereignty.Twotheoriesofrecognition: attainedindependenceunlessalteredbyagreement. belligerentsiss eriousandoutcomeisu
ncertain,
a. ✔Declarative Theory — objective evaluation of 9. Recognition. A method of accepting certain factual situations d. Belligerents are willing and able to
observe
laws
of
statehood. If the four elements are complete, there andendowingthemwithlegalsignificance. warandotherinternationalobligations.
exists a State. Recognition is immaterial. This is
10. Co-optation. While recognition of a state is not 16. Doctrine of State Continuity. The moment a State is
acknowledgedbytheMontevideoConvention.
indispensable to statehood, particularly with respect to jus established as an international person; the State continues to be
b. Constitutive Theory — Recognition of state is an the same
corporate person
whatever changes may take place in
cogens
and
erga
omnes norms,
the newly established state can
additionalelementofstatehood. itsinternalorganization.
only
enjoy
such other
rights
and privileges in the international
4. Elementsof“State”—1
933MontevideoConvention spherethrough“co-optation.” 17. EffectsofStateSuccession
a. Permanentpopulation; 11. EffectsofRecognitionontheRecognizingState a. Transferofallegianceofinhabitants;
b. Definedterritory; a. Full
diplomatic relations, except in the case of de facto b. Politicallawsareautomaticallyabrogated;
c. Government; recognition;
c. Public properties are acquired. Torts liability
are
not
d. Capacitytoenterintorelationswithotherstates. b. Righttosueincourtsofrecognizingstate; acquired — the new sovereign has option
to
assume
c. Entitlementtopropertywithinrecognizingstate; liability;
5. To effectively comply
with
the
territory
requisite,
there
must
be: d. Recognition being retroactive, validates past acts of d. Treaties of predecessor state are not binding on
new
recognizedstateorgovernment. sovereign except those dealing with local rights and
a. Sufficient consistency in the exercise of sovereignty
affectingterritory.
overtheterritoryandthatthe; 12. Recognition of Government. Recognition is a political
18. Clean
Slate
Doctrine. — A newly-independent State begins its
b. Authoritymustbeexercisedeffectively. question and
largely
involves
the
discretion of the Executive. It
isnotmandatory. existencefreeoftheobligationsofitspredecessor.
Independence means not only being free from external
13. Estrada
Doctrine. If a government was established through 19. Government Succession. Government succession could
pressure but
being
able
to
run
the
government on
its
own,
not
political upheaval, a state may not issue a declaration giving takeplaceeitherthrough:
dependentontheaidorassistanceofoutsideforces.
recognition to such government, but may merely accept a. Revolution;
6. Principle of association. The associates are former
whatever government is
in
effective control without raising the b. ChangingtheConstitution.
colonies, wanting to have independence but cannot yet
issueonrecognition.
effectively or competently enter into foreign relations. Thus, 20. EffectsofGovernmentSuccession
they have to enter into an association treaty with other Dealing or not dealing with the government is not
a. All rights
of
predecessor
government
are
inherited
by
powerful states and
the latter will exercise the foreign relations judgmentonthelegitimacyofthesaidgovernment.
thenewgovernment;
withrespecttothatterritory. 14. Recognition of Belligerency. The idea of belligerency
b. If change is by peaceful means, new government
7. Protectorates. Those still unable to exercise its capacity to denotes armed conflict and the so-called belligerents are
inheritsallobligations;
enter into relations with other states and so it must rely first on considered parties
to the armed conflict. An armed group may
beclassifiedaseitherabelligerent,insurgent,oraterrorist.
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c. If change is by violent means, new government has 26. What is the difference between unilateral secession and b. Insurgent groups and national liberation
the option
to
reject political and
personal
obligations, unilateraldeclarationofindependence? movements are also endowed with rights and
but not those arising out of
regular
administration of a. Unilateral Declaration of independence—declaring obligations in IL, most notably within the laws of
government. the territory as now separate from the mother state, armedconflict.
Internationalorganizations and declaring that the
territory
itself has established a E.JurisdictionofStates
newstate;
21. Refer to public intergovernmental organizations. They typically 1. ILrecognizesthefollowingtypesofjurisdiction:
are b. Unilateral secession—when a portion of a territory
a. Thejurisdictiontop
rescribe;
separatesitselffromanoriginalstate.
a. Institutionsestablishedbyatreaty;
b. Toe
nforce;and
In summary, IL does not regulate unilateral declaration of
b. Composed of
members
that
are
States
or international
independence but it does recognize the so-called remedial c. Toa
djudicate.
organizations;
righttheoryasapossiblevalidreasonforsecession. 2. Jurisdiction to
prescribe laws. — The authority of
a state
to
c. RegulatedbyIL;and
27. “Remedial Right Only Theories” assert that a group has a make
its policy applicable to persons or activities regardless of
d. Endowedwithalegalpersonality. general right to secede if and only if it has suffered certain boundaries.
22. Principle of
Charter Supremacy. — In
the
event
of a conflict injustices for which secession is the appropriate remedy of 3. Jurisdiction to enforce. — Concerned
with
the
authority of
a
between the obligations of members of the UN under the lastresort. state to use the resources of
government
to
induce or
compel
Charter and their obligations under any other international 28. Internal Self-determination. The group of people compliancewithitslaw.Thisincludesauthoritytoarrest.
agreement,theirobligationsundertheChartershallprevail. claiming to be different from the majority would be able to Having jurisdiction is one and enforcement
of
the
decision
of
Individuals pursue political, economic, social and cultural development thecourtisanother.
withoutaneedofbeingseparatedfromtheState. 4. Jurisdiction to adjudicate — The authority of the state to
23. An act of an individual becomes an Act of State if it may be
imputedtotheState. 29. External Self-determination. If it involves unilateral subject particular persons
or
things
to
its
courts
regardless of
An act the performance of which is not prescribed or secession from the state. The threshold to invoke such is boundaries.
permitted by the law of the State cannot be imputed to
the reflectiveofl exferendanormonthematter.Appliesincasesof: BasisofJurisdiction
State.
However, as per
IL,
such an
act
may
be
imputable to
the a. FormerColonies;
Territorialityprinciple
State
if
the
act
is
performed by
an
individual
who,
as
an
organ b. Whereapeopleisoppressed;
of
the State, is competent under the law to represent the State in 5. The State has jurisdiction over property, persons, acts, or
c. Where a definable group is denied meaningful eventsoccurringwithinitsterritory.
relationtootherStates,suchastheHeadofState.
access to government to pursue their political, Generality principle refers to the
reach of
the
application of
24. Right to Self-Determination. A CIL, jus cogens and an economic,socialandculturaldevelopment.
our law. Whereas “Territoriality'' speaks of whether
ergaomnesobligation.I tconsistsof:
Others jurisdiction is made applicable to a person, property, act or
a. The right to determine the political status and is eventoccurringinthatterritory.
30. Territorial entities other than states. — States are not the
applicabletocolonialterritories;
only
territorial
entities that may possess rights and obligations a. Subjective Territoriality Principle — Jurisdiction to
b. Freedom to pursue economic, social and cultural prosecute or punish
crimes commenced within
their
underIL.ExamplesareTaiwan,HongKong,andtheHolySee.
development. territory but completed or consummated in the
31. Groups of
individuals. — may also have legal personalities as
25. Secession. A situation where a particular territory is collectiveentities.
territoryofanotherstate.
withdrawnfromamotherstate. b. ObjectiveT erritorialityPrinciple.
a. Indigenousgroups;
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Certain states apply
their
territorial
jurisdiction
to
offenses
or of specific offenses
who
is
located
on
the
territory
of
theState.
F.D
iplomaticandConsularLaw
actscommencedinanotherstate,but:
1. Right of Legation or Diplomatic Intercourse. — Right
of
a
a. Consummatedorcompletedwithintheirterritory,or Passivepersonalityprinciple
Statetosendandreceivediplomaticenvoys.
b. Producing
gravely
harmful consequences to
the social 11. A State can assert its jurisdiction over an offense committed
2. The head of the mission is
considered as
having taken up his
oreconomicorderinsidetheirterritory. abroad on the
sole
ground that
the
victim of the
offense
was
a
functions in the receiving State either when he has presented
nationaloftheState.
Nationalityprincipleandstatelessness his credentials or when he has notified his arrival and a true
12. This was applied in the
Yunis
case
where the
US
prosecuted a copy of his
credentials has been presented to
the
Ministry for
6. The link of course is jurisdiction and the nationality of the
Lebanese for hijacking a Jordanian civilian airliner in Beirut ForeignAffairsofthereceivingState.(A rt13VCDR)
person(eitheroffenderorvictim). even though the only connection to the US was the presence
3. Persona Non Grata. — The receiving State may at any time
a. Active Nationality — The link is the nationality of amongthepassengersofAmericancitizens.
and without having to explain its decision, notify the sending
theoffendera ndthecourt. ExemptionsfromJurisdiction State that the head of the mission or any member of the
b. Passive Nationality — The link is
the
nationality of diplomatic staff of the mission is persona non grata or that any
ActofStatedoctrine
thevictima ndthecourt. other member of
the
staff of the mission is not acceptable. (Art
13. The Act
of State Doctrine. Every sovereign state is bound
7. In cases where two nationalities are in conflict with each 9VCDR)
to
respect the independence of every other sovereign state and
other, the ICJ subscribes to the real and effective 4. The severance of diplomatic relations shall not ipso facto
the
courts of
one country will not sit in judgment on the acts of
nationalityoftheindividual. the
government of another than within its own territory. This is
involvetheseveranceofconsularrelations.(A rt2[3]VCCR)
8. Effective nationality theory. Right to diplomatic protection corollary to the principle of state immunity. (Underhill v. 5. Exequatur. — The head of a consular
post
is
admitted
to
the
and protection by means of
international judicial proceedings Hernandez,168US250) exercise of his functions by an authorization in whatever form
only arises when proper nationality link exists between the 14. The act
of
state doctrine
does
not apply where nothing in the fromthereceivingStatetermedane xequatur.
individualconcernedandthestate. present suit requires a court to declare invalid the official act of A State which refused to grant an exequatur is
not
obliged
to
Protectiveprinciple a foreign sovereign. (W.S. Kirkpatrick & Co. v. Evtl. Tectonics, givetothesendingStatereasonsforsuchrefusal.(A rt12VCCR)
9.
A state can legislate crimes that it considers to be a threat to its 493US400) 6. Right of Consular Notification. — if a national so requests,
security, integrity or
economic interests regardless of the place Internationalorganizationsandtheirofficers the competent authorities of the receiving State shall, without
ofthecommissionofthecrime. WHOv.Aquino delay, inform the consular post of the
sending State if,
within
Universalityprinciple its consular district, a national of that State is arrested or
It
is
a recognized principle of international law and under our system committed to
prison
or
to
custody pending trial
or
is detained
10. It is for violation of erga omnes norms and
is
asserted
in
at of
separation of
powers that diplomatic immunity is essentially a inanyothermanner.(A rt36[1][b]VCCR)
leasttwosituations political question and courts should refuse to look beyond a
determinationbytheexecutivebranchofthegovernment. 7. Diplomatic Inviolability.
— The person of a diplomatic agent
a. In absentia. — Where a state asserts universal shall
be
inviolable.
He
shall
not
be liable
to
any form of arrest
jurisdiction despite
the fact that the alleged offender is 15. Under Art IV Sec 11 of the Convention on the Privileges and ordetention.
not even present on its territory as applied by Belgium Immunities of the UN, the personal baggage of the
8. Diplomatic Immunity. — A diplomatic agent shall enjoy
intheA rrestWarrantcase. representatives of
States to
the principal and subsidiary organs
immunity from the criminal jurisdiction of the receiving
b. Aut dedere aut
judicare. — A more limited
exercise of the UN while exercising their functions and during their
State. He shall also enjoy immunity from its civil and
tied to
the
obligation of
a State in
a number of treaties journey to and from the place of meeting or post shall enjoy
administrativejurisdiction,excepti nthecaseof:
to either prosecute or extradite an
alleged
offender immunityfromseizureandshallbeexemptfrominspection.
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a. A real action relating to private immovable property State granting its nationality. Mr. Nottebohm’s nationality,
G.NationalityandStatelessness however, was not based on any genuine prior link with
situatedintheterritoryofthereceivingState;
1. Nationality
is the bond which unites a person to a given State Liechtenstein and the sole object of his naturalization was
to
b. Anactionrelatingtos uccession; which constitutes
his membership and a claim of protection of enable him
to
acquire the
status of a neutral national in time of
c. An action relating to any professional
or
commercial that
State,
and
which subjects him to the obligations created by war.
activityo utsidehisofficialfunctions. thelawsofthatState. 8. Generally, a State may NOT prohibit its nationals from changing
9. The personal baggage of a diplomatic agent shall be exempt 2. Nationality Principle. — It is for each State to establish its theirnationality.ThisisprovidedunderArt15oftheUDHR.
frominspection,unless ownstandardsforconferringnationality. However, under the Doctrine of
Indelible Allegiance, a State
a. there are serious grounds for presuming that it 3. Principle of Continuous Nationality. — This applies to may prohibit under certain circumstances. An example is under
containsarticlesnotcoveredbytheexemptionsor claims for
diplomatic protection. It
requires that from the time CA
63
wherein a Filipino
may
not divest
himself of
Philippine
b. articles
the
import
or
export of which is prohibited by of the occurrence of the injury until the
making of the
award, citizenship in any manner while the Republic is at war with any
the claim must continuously and without interruption have country.
the
law
or
controlled by
the
quarantine regulations of
belongedtoapersonortoaseriesofpersons 9. A
stateless person
is
one
who
is
not considered as
a national
thereceivingState.
a. Having the nationality of the State by
whom
it
is
put by any
State under
the operation of its law. Statelessness may
Liangv.People forward,and beeither
The privileges and immunities of diplomats and those of b. Not having
the
nationality
of the State against whom it a. de
jure, which
is
the status of
individuals stripped of
international officials rest upon different legal foundations. isputforward. their nationality by their former government without
Whereas those immunities awarded to
diplomatic agents are
a right havinganopportunitytoacquireanother;or
of
the sending states
based on
customary international law, those 4. Principle of National Treatment. — An alien cannot
granted to
international officials are based on treaty or conventional complainprovidedhereceivesthesametreatmentasnationals. b. de
facto, referred
to as refugees. (Frivaldo v. Comelec
law. 5. Doctrine of Effective Nationality. — Within a third State, a 1996)
10. Consular Immunity. — There is no criminal immunity for person having more than one nationality shall
be
treated
as
if 10. Under the Convention on the Reduction of Statelessness, the
he had
only
one.
The
third
State
shall
recognize exclusively in followingmeasureshavebeenadoptedtoreducestatelessness:
consular
officers.
However,
they
shall not
be
liable
to
arrest
itsterritoryeitherthenationalityofthecountryinwhich a. A contracting State shall grant its nationality to a
ordetentionpendingtrial,except
a. heishabituallyandprincipallyaresidentofor person born in its territory who would
otherwise be
a. inthecaseofagravecrimeand
b. in the circumstances he appears to be in fact most stateless;and
b. pursuant to a decision by the competent judicial
closelyconnected. b. The same shall grant its nationality to a person, not
authority.
6. Genuine or Effective Link Requirement. — A State has no born in its territory, who would otherwise be
Consular officers shall also enjoy immunity from civil
power to confer its
nationality on
inhabitants of
another
State stateless, if
the
nationality of
one
of
his
parents at the
jurisdiction,exceptinrespectofacivilactioneither timeofbirthwasthatoftheState.
or on foreigners entering its territory when such persons
a. arising out of a private contract concluded by a concerned are
not attached to it by any particular bond, such as 11. Article
31
of
the
Convention Relating
to
the
Status of Stateless
consularofficer;or origin,domicile,orbirth. Persons states that a stateless person shall not be lawfully
b. by a third
party
for
damage
arising
from
an
accident 7. In the Nottebohm Case, the Court held that Liechtenstein’s expelled save on grounds of national security or public
inthereceivingState. claim was inadmissible on grounds relating to Mr. Nottebohm’s order.
nationality. On the
international plane, the
grant of
nationality H.GeneralPrinciplesofTreatyLaw
is entitled to recognition by other States only if it represents a
1. PerVCLT,at reatyh
asthefollowinge lements:
genuine connection between the individual and the
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a. Aninternationalagreement; c. Third group — regards the protection of humanity, between the
accrediting
State
and
the
State
to
especiallythemostessentialhumanrights. whichtheyareaccredited;
b. ConcludedbetweenStates;
7. DevelopmentofaTreaty(HowaTreatyisformed) iii. Representativesa ccreditedbyStates.
c. Inwrittenf orm;
a. ProposaltodraftaTreaty; Fortheseexceptions,f ullpowersisstillneeded.
d. GovernedbyInternationallaw.
b. Negotiationanddraftingoftheterms; Bayanv.ZamorareVFA
2. As
established in the case of Qatar v. Bahrain, even agreements
that are
not
in
conformity with the
definition
of a treaty
in the c. AdoptionandAuthenticationofthetextoftheTreaty; Section 25, Article
XVIII
disallows
foreign military
bases,
troops,
or
VCLT,mayactuallybebinding. d. Signature/expressionofconsenttobebound; facilities in the country, unless the following conditions are
sufficientlymet,viz:
3. Therearet wotypeso
ftreaties e. Ratification;
a) itmustbeunderatreaty;
a. Law-making treaties are multilateral agreements that f. Exchange of Instruments of Ratification and Entry into
b) thetreatymustbed
ulyconcurredinbytheSenate;and
create legal obligations the observance of which does forceoftheTreaty;
notdissolvethetreatyobligation. c) recognizedasatreatybytheothercontractingstate.
g. Accession to
the
Treaty by states wishing to join after its
b. Contract treaties are agreements for the mutual As to the 3rd element, the Court is
of
the
firm view that
the
phrase
entryintoforce,ifany.
"recognized as a treaty" means that the other contracting party
interchange of
benefits between parties and which create
8. When the state is still a signatory, then the substantive accepts or acknowledges the agreement as
a treaty. To
require
reciprocal or concessionary obligations between and
contentofthetreatywillnotyetgovernthestate’sconduct. the other contracting state, the
US in
this
case, to submit the
VFA
to
towards particular parties only and not towards the the US Senate for concurrence pursuant to its Constitution, is to
wholeinternationalcommunity. When the state is a contracting state, then the state is accordstrictmeaningtothephrase.
4. Thefollowingarerestrictionsonthesubjectmatteroftreaties duty-bound not
to
perform acts
that
will
render
it incapable to
performtheobjectandpurposeofthetreaty. Pimentelv.ExecutiveSecretary
a. Jus cogens restrictions — a treaty
is
void
if
at
the time
of
its
conclusion, it
conflicts with a peremptory norm of When
the
state
is a party, the
already provisions of the treaty
In
the
realm
of
treaty-making, the
President
has
the sole authority to
generalIL. willalreadyenterintoforceintheirrelations. negotiatewithotherstates.
b. UN Charter restrictions — Doctrine of Charter 9. “Full powers” means a document emanating from the In
the process of
treaty-making, thesignature
is
primarily intended
Supremacy. competent authority of
a State
designating a person or persons as a means of authenticating the instrument and as
a symbol of
the
to
represent the State for negotiating, adopting or authenticating good faith of the parties. Ratification, on the other hand, is the
5. Jus cogens. — A peremptory norm of general IL is a norm formal act
by
which a state
confirms and
accepts the provisions of a
the
text
of
a treaty,
for
expressing the
consent of
the State to be
accepted and recognized by the international community of treaty concluded by its representative. It is
generally held
to
be
an
bound by a treaty, or for accomplishing any other act with
States as a whole as a norm from which no derogation is executiveact.
respecttoatreaty.E xceptions:
permitted and which can be modified only by a subsequent
a. ApparentAuthority—
Article7(1)(b),VCLT. It
should be
emphasized under our Constitution, the power to
that
normofgeneralILhavingthesamecharacter.(A rt53VCLT)
ratify is vested in
the President, subject to the concurrence
6. Thethreegroupsofj uscogensnorms b. ImpliedAuthority—
Article7(2),VCLT– of the Senate. The role of the Senate, however, is limited only to
a. First group — encompasses the maxims of IL, which i. Heads of
State, Heads of
Government and giving or
withholding its
consent, or
concurrence, to the ratification.
Ministers for Foreign Affairs, for the Although the refusal of a state to ratify a treaty which has been signed
protectthef oundationsoflaw,peaceandhumanity;
in its behalf is a serious step that should not
be
taken lightly,
such
purpose of
performing all
acts
relating
to
the
b. Second group — covers the rules of p eaceful decision is within the competence of the President alone, which
conclusionofatreaty;
cooperation in the sphere of IL, which protects cannotbeencroachedbythisCourtviaawritofm andamus.
fundamentalcommoninterests;and ii. Heads of diplomatic missions, for the
purpose of adopting the text of a treaty 10. The consent
of
a State
to
be
bound
by
a treaty
is
expressed
by
accessionw hen:
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a. thetreatysoprovides; d. Fraud; i. It
should
radically
transform the
extent of the
b. it is
otherwise
established
that
the
negotiating
States
so e. CorruptionofarepresentativeofaState; obligationthatwillbeperformed;
agreed;or f. CoercionofarepresentativeofaState; ii. The party would now be obliged to
perform
c. allthepartieshavesubsequentlysoagreed. something which
is
different from that which
g. Coercionofastatebythethreatoruseofforce;
wasoriginallyagreedupon;
11. Reservations. — A unilateral statement, however phrased or h. Treatiesconflictingwithj uscogensnorm. iii. The burden
of
the
obligation
has increased to
named, made by a State, when signing, ratifying, accepting,
15. RequisitesforE
rrort oinvalidateatreaty: the extent of performing something
approving or acceding to a treaty, whereby it purports to
exclude or
to modify the legal effect of certain provisions of the a. Error
is
about
a fact
or
situation
which
was
assumed
to essentiallydifferent.
treatyintheirapplicationtothatState. existatthetimeofconclusion; b. The change must have resulted in a radical
When is
reservation not allowed? Article 19, VCLT — A state b. That fact or situation forms an essential basis of the transformation of the extent of the
obligations
still
to
may, when signing,
ratifying, accepting,
approving or
acceding consenttobeboundbythetreaty; beperformed.
toatreaty,formulateareservationu nless: c. The state invoking the error must
not
have
contributed c. The circumstances refer to those that determined the
a. Thereservationisp
rohibitedb
ythetreaty; totheerror.(D octrineofCleanHands); partiestoacceptthetreaty.
b. The treaty provides that only specified reservations, d. Ithadknownorwouldhaveknownoftheerror. d. Thechangemusthavebeenu
nforeseen.
which do not include the reservation in question, may be 16. Grounds for Termination, Denunciation, Withdrawal, or e. The existence at
the
time of the treaty’s conclusion must
made; Suspension: have constituted an essential basis of the consent of
c. The reservation is incompatible with the object and thepartiestobebound
a. Application of
the
treaty
and/or
Application
of the VCLT
purposeofthetreaty. (Art42); I.D
octrineofStateResponsibility
12. What is the best source of interpretation of the VCLT — b. Consentofallpartiese.gDesuetude( Art54); 1. internationally
There is an wrongful
act
of a State when
travauxpreparatoires. conductconsistingofanactionoromission:
c. DischargethroughMaterialBreach(Art60);
13. Ways
by
which a state
party
to
a treaty
may
no
longer be a. isattributabletotheStateunderInternationalLaw;and
d. ImpossibilityofPerformance;
boundbythetreaty:
b. constitutesabreachofinternationalobligation.
e. Rebus
Sic
Stantibus
(Art
62) or Fundamental Change of
a. Withdrawalo
rrenunciation;
Circumstances; 2. The“nexus”requirement.Twoelementsarerequired:
b. Invalidity of treaty — this presupposes that the treaty is
f. EmergenceofnewJusCogens(Art64); a. Internationallywrongfulact;
defective;
g. Outbreakofwar. b. Itisattributedtothestate.
c. Termination of treaty — treaty is valid but may be
terminatedbasedonvalidgrounds. 17. Amaterialbreacho
fatreatyconsistsin: 3. TwoTheoriesonStateResponsibility
14. GroundsforInvalidityofTreaties a. Arepudiationofthetreatynotsanctioned,or a. Strict liability theory — objective or risk theory;
b. The violation of a provision essential to the liabilityattachesirrespectiveofbadorgoodfaith.
a. Provisions of municipal law regarding competence to
concludetreaties; accomplishmentoftheobjectorpurposeofthetreaty. b. Fault liability theory — subjective theory; liability
18. ElementsofFundamentalChangeofCircumstances attaches only
upon
proof
of
dolo
or fault (negligence);
b. Specific restrictions
on
authority
to
express
the
consent
obligation of conduct (how the act was done; due
ofastate; a. The change of circumstances must have been of a diligence).
c. Error; “fundamental”character.
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4. Doctrine of Imputability. A State is liable only for its own Thefollowingrequisitesarepresent: Purpose of countermeasure — compel breaching state to
acts and omissions, and in this
context,
the
State
is identified a. The State does so with knowledge of the complywiththetermsofthetreaty.
with its governmental organs and apparatus, not with the
population.
circumstancesoftheIWA;and J.Refugees
b. The act would be internationally wrongful if 1. refugee
A is a person who, owing to a well-founded fear of
5. WhatconductsareattributabletotheState?
committedbythatState. being persecuted for reasons of race, religion, nationality,
a. Conductofo
rganso
ftheState. 8. Circumstancesprecludingwrongfulness membership of a particular social group or political
b. Conduct of persons or entities exercising a. Non-compliance with rules concerning nationality of opinion, is outside the
country of his nationality and is unable
elements of governmental authority. — provided or, owing to such fear, is unwilling to avail himself of the
claims;
the person or entity is acting in that capacity in the protection of
that
country; or who, not having a nationality and
b. Failuretoexhaustlocalremedies; being outside the
country of
his
former habitual residence as a
particularinstance.
c. Conduct of
organs
placed
at
the
disposal
of
a State
by c. Waiverbythestate; result of such events, is unable or, owing to such fear, is
d. Unreasonable delay and
improper
behavior
of
injured unwillingtoreturntoit.
anotherState.
alien; 2. Grounds and
Criteria of Persecution. For the purposes of the
d. ConductdirectedorcontrolledbyaState.
e. Consentofinjuredstate; Refugee Convention, a person is persecuted if life, freedom, or
e. Conduct carried out in the absence or default of the other substantial rights of the person are endangered or
officialauthorities. f. Lawful exercise of self-defense under UN
Charter
and threatened by measures or
a menacing
situation which can
be
f. The
conduct
of
an
insurrectional movement which inconformitywithIHRLandIHL; ascribedtoaStateoraState-likeentity.
becomesthenewGovernmentofaState. g. Lawfulc ountermeasure; 3. The CIL principle of non-refoulement prescribes, broadly, that
g. The conduct of
a movement, insurrectional or other, h. Forcemajeure; no refugee should be returned to any country where he or she is
which succeeds in establishing a new State in part
of i. Distress(Article24); likelytofacepersecution,otherill-treatment,ortorture.
the territory of a pre-existing State or in a territory 4. Under Article 33 of the 1951 Convention on the Status of
j. Necessity(Article25).
underitsadministration. Refugees,thismayN OTbeclaimedbyarefugee
h. Conduct acknowledged and adopted
by
a State
as 9. Calvo Doctrine. — which
says
aliens
in
a foreign state should
a. whom there
are
reasonable grounds
for
regarding
as a
itsown. not be given preferential treatment than the citizens of that
dangertothesecurityofthecountryinwhichheis,or
foreignstate;
6. The conduct of an organ of a State or of a person or entity b. who, having been convicted by a final judgment of
a
Calvo Clause says that a foreigner in the presence of the
empowered to
exercise
elements of the governmental authority particularly
serious crime,
constitutes a danger
to
the
shall be considered an act of the State even if it
exceeds its foreign state usually for business will provide in the contract to
communityofthatcountry.
authorityorcontravenesinstructions. waive
its
right
to
diplomatic protection—in effect the foreigner
shouldavailoflocalremediesbeforediplomaticprotection. K.Treatmentofaliens
7. When is a State responsible for the wrongful act of
10. Elementsofavalidcountermeasure: Rendition. To deliver an individual from one state to another or
anotherState?
a. priorinternationallywrongfulact, surrender if applicable to persons. Three methods of rendition in
a. It
aids or assists another State in the commission of an
internationallaw:
IWA; b. invoking state had called upon the other to
discontinuethewrongfulactormakereparation,and 1) Extradition;
b. It directs and controls another State in the commission
ofanIWA; c. proportionalityofthemeasure. 2) Deportation;
c. ItcoercesanotherStatetocommitanIWA. 3) Abductionofforeignnationalsabroad.
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Extradition b. Because if you question the jurisdiction of
the
court, 2) The person
to
be
extradited
had
been charged or convicted
you
should question the
jurisdiction on
the
basis
of
a ofextraditableoffense.
The removal of
an
accused
from the Philippines with
the
object of
judicialfunctioninvolved. 3) Extraditableoffenseiseither
placing him at the disposal of foreign authorities to enable the
requesting state
or
government to hold him
in connection with any 6. Ker-Frisbie Doctrine. The illegality of the arrest will not a) listedand/or
criminal investigation directed against him or the execution of a necessarilyaffectthejurisdictionofthecourt.
b) covered by “Double or Dual Criminality
penalty imposed on him under the penal or criminal law of the
GovernmentofHongKongSARv.Muñoz2016EnBancreDouble Principle/Clause.”
requestingstateorgovernment.(S ec2[a]P D1069)
CriminalityRule Distinguishedf romdeportation
Fundamentalprinciples
The five postulates of
extradition as espoused in
Government of
the The HKSAR as
the
requesting state
must establish the
following six Deportation. A unilateral act of the state because it is not
USAv.Purganan
elements,namely: dependentupontherequestofastatenotdependentonatreaty.
1) there must be an extradition treaty in force between the Extradition Deportation
1. ExtraditionIsaMajorInstrumentfortheSuppressionofCrime;
HKSARandthePhilippines;
2. TheRequestingStateWillAccordDueProcesstotheAccused; 2) the criminal charges that are
pending in the
HKSAR against Meansthesurrenderbyforceof Theexpulsionofanunwantedor
3. TheProceedingsAreS uiGeneris; thepersontobeextradited; awantedpersonbythe undesirablealien.
3) the crimes for
which
the
person
to
be
extradited is
charged requestedStatetotherequesting
4. ComplianceShallBeinGoodFaith; State.
aree xtraditablew ithinthetermsofthetreaty;
5. ThereIsanUnderlyingRiskofFlight.
4) the
individual before the court is the same person charged in Mayonlybemadepursuanttoa Apureunilateralactandexercise
AdditionalNotes theHKSAR; treaty ofsovereignty
1. Theobligationtoextraditeistreaty-based. 5) the evidence submitted e stablishes probable cause to
believe that the person to be extradited committed the Forthebenefitoftherequesting Intheinterestofthecountryof
2. Could
not
cover “political offenses”. This is CIL. An exception offensescharged; State residenceandisorderedwithout
to the political offense exception is the Attentat Clause arequestbyathirdState.
6) the offenses are criminal in both the HKSAR and the
which provides that the assasination, murder, attempt on the Philippines(doublecriminalityrule).
life
of,
or
other
willful crimes against the person of the Head of
Under the
double criminality rule, the extraditable offense must be
L.InternationalHumanRightsLaw
State or Head of Government of either of the State Parties or of a criminal under the laws of both the requesting and the requested UniversalDeclarationofHumanRights
member of his family shall not be regarded as a political states. Because the offense of accepting an advantage as an agent
crime. charged against him in the HKSAR is one that deals with private 1. FirstGenerationRights—civilandpolitical;
3. “Rule of
Specialty”
must be followed. The requesting state is sector bribery, the conditions for the application of the double 2. SecondGenerationRights—economic,socialandcultural;
criminality rule are obviously not met. Accordingly, the crime of
not permitted to prosecute the extradited individual for There are two UN Human Rights Covenants that constitute legally
accepting an
advantage as
an agent must be dropped from the request
offensesthatarenotcoveredbytherequest. forextradition. bindingtreatiesfortheprotectionofthesehumanrights:
4. Expostfactolawprohibitiondoesnotapply.
Procedure InternationalCovenantonCivilandPoliticalRights
5. Male captus bene dentus. It is now a general principle of
Extradition. The requesting state expects under pacta sunt SomerightsrecognizedintheICCPRaresubjecttocertainl imitations:
law. This means
“wrongfully
captured, validly
detained.”
Male
CaptusBeneDetentusisjustifiablefortworeasons: servanda to receive the extradited individual. There may be a 1. The exercise of
the right to
freedom of
expression in
Article
request.C
onditions: 19 carries with it special duties and responsibilities. It may
a. Because fundamental individual rights such as the
1) Itmustbepursuanttoatreaty; therefore be
subject to
certain restrictions, but these shall only
righttodueprocessisstillrecognized.
besuchasareprovidedbylawandarenecessary:
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a. Forrespectoftherightsorreputationsofothers; FundamentalHumanRights other public emergency, may be invoked as a justification of
torture. (Art 2[2] UN Convention Against Torture and Other
b. For the protection of national security or of public 1. Right Against Genocide. — Genocide includes any of the Cruel,InhumanorDegradingTreatment)
order,orofpublichealthormorals. following acts
committed with
intent
to destroy, in whole or in
The prohibition of torture has evolved into jus cogens or
2. ThesamerightisfurtherlimitedbyArticle20whichprohibits part,anational,ethnical,racialorreligiousgroup,suchas:
peremptorynorm.(P rosecutorv.Furundzija)
a. Anypropagandaforwar; a. Killingmembersofthegroup;
3. Right Against Slavery and Forced Labor. — Slavery is
the
b. Any advocacy of national, racial or religious hatred b. Causingseriousbodilyormentalharmtomembers; status or condition of a person over whom any or all of the
that
constitutes
incitement to discrimination, hostility c. Deliberately inflicting on the group conditions of
life powersattachingtotherightofownershipareexercised..
orviolence. calculated to bring about its physical destruction in Forced Labor shall
mean all
work or
service which is exacted
3. Right of Derogation. Under Article 4, in time of public wholeorinpart; from any person under the menace of any penalty and for
emergency which threatens the life of the nation and the d. Imposing measures intended
to
prevent
births
within which the said person has not offered himself voluntarily. It
existence of which is officially proclaimed, the States Parties thegroup;and shallnotinclude:
may
take
measures derogating from their obligations under the a. Compulsorymilitaryservice;
e. Forcibly transferring children of
the
group
to
another
presentCovenant.
group. b. Normalcivicobligationsofcitizens;
Thefollowingrightshoweverarenon-derogable:
Under
PH
Law,
RA 9851 has added “social or any other similar c. Anyworkbyreasonofconvictioninacourtoflaw;
1. Therighttolife; stableandpermanentgroup”tothelistofprotectedgroups.
d. Any work or service exacted in cases of emergency,
2. Freedom from torture or to cruel, inhuman or degrading Genocide is a crime under IL
and is
not
considered a political likewarorcalamity;and
treatment
or
punishment, and freedom from being subjected to crime for purposes of extradition. The international norm for
e. Minorcommunalservice.
medicalorscientificexperimentwithoutfreeconsent; the prevention, prosecution and punishment of
Genocide
3. Freedomfromslaveryandservitude; is jus cogens and is
therefore non-derogable. (Prosecutor v. 4. Right Against Discrimination. — Racial Discrimination is
BlagojevicandJokic) any distinction, exclusion, restriction or preference based on
4. Freedom from imprisonment for inability to fulfill a
race, color,
descent, or national
or
ethnic
origin which
has the
contractualobligation; 2. Right Against Torture. — Torture is any act by which severe
purpose or effect of nullifying or impairing the recognition,
pain or suffering, whether physical
or mental, is
intentionally
5. Rightagainste xpostfactolaws; enjoyment or
exercise, on an equal footing, of human rights and
inflictedonapersonforsuchpurposesas
6. Righttorecognitioneverywhereasapersonbeforethelaw; fundamental freedoms in the political, economic, social,
a. obtaining
from him
or
a third
person information or a culturaloranyotherfieldofpubliclife.
7. Freedomofthought,conscienceandreligion. confession,
Apartheid means inhumane acts committed in
the
context
of
InternationalCovenantonEconomic,SocialandCultural b. punishing him for an act he or a third person has an institutionalized regime of systematic oppression and
Rights committedorissuspectedofhavingcommitted,or domination by
one
racial
group
or
groups and committed with
1. Principle of Progressive Realization. — recognizes that
the c. intimidatingorcoercinghimorathirdperson,or theintentionofmaintainingthatregime.(S ec3[a]RA9851)
full realization of some rights under the Covenant may be d. foranyreasonbasedondiscriminationofanykind, Distinction made by a State Party between its citizens and
difficulttoachieveinashortperiodoftime. non-citizensisnotviolativeoftheConvention.
when such
pain or
suffering is
inflicted
by or at the instigation
ThisprinciplehoweverisnotapplicabletotheICCPR. of or with the
consent or
acquiescence of
a public official 5. RightsofStatelessPersons.D
iscussedinPartG
orotherpersonactinginanofficialcapacity. 6. RightsofRefugees.D
iscussedinPartJ
No exceptional circumstances whatsoever, whether a state 7. Rights of Indigenous Peoples and Minorities. — Tribal
of war or a threat of war, internal political
in
stability
or
any peoples are those whose social, cultural and economic
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conditions
distinguish them from other sections of the national b. The use, procuring or offering of a child for Categoriesofarmedconflicts
community. prostitution;
Indigenous peoples are those who, on account of their An armed conflict exists whenever there is a resort to armed
c. The use, procuring or offering of a child for illicit
descent from
the
populations which inhabited the country, or a force between States or protracted armed violence between
activities;
geographical region to which the country belongs, at the time of governmental authorities and organized armed groups
or
between
d. Work which, by its nature or the circumstances in suchgroupswithinaState.(P
rosecutorv.Tadic)
conquest or colonisation and who, irrespective of their legal
status, retain some or all of their own social, economic, which it is carried out, is likely to harm the health, Internationalarmedconflicts
cultural and
political institutions. (1989 Indigenous and Tribal safety or morals of children. (1990 Worst Forms of
ChildLaborConvention) The Common Article 2 of the Geneva Conventions defines an
PeoplesConvention)
internationalarmedconflictas
8. Rights of Migrant Workers. — A migrant worker is a M.InternationalHumanitarianLaw 1. all cases of declared war or of any other armed conflict
person who is
to
be engaged, is engaged or has been engaged in 1. IHL is a set of rules
which
seek,
for
humanitarian reasons, to which may arise between two or more of the High
a remunerated activity in a State of which he or she is not a limit the effects of armed conflict. It protects persons who Contracting Parties, even if the state of war is not
national.(1990MigrantWorkersConvention) are not or are no longer participating in the hostilities and recognizedbyoneofthemand
Nomigrantworkerormemberofhisorherfamilyshallbe restrictsthemeansandmethodsofwarfare.
2. all
cases
of
partial
or
total
occupation of
the
territory
of
a
a. imprisoned merely on
the
ground
of
failure
to
fulfil
a 2. IHL does
not
concern the
legality
of the war or the justification High Contracting Party, even if the said
occupation meets
contractualobligation. for
the
commencement of
hostilities. It deals with jus in bello, withnoarmedresistance.
orjusticeinwar,notwithj usadbellum,orjusticeofwar.
b. deprived of his or her authorization of residence or Internalornon-internationalarmedconflict
work permit or expelled merely on the ground of 3. Apersonhorsdecombatis:
Are those restricted to the territory of a single State, involving
failure to fulfill an obligation unless fulfilment a. anyonewhoisinthepowerofanadverseparty; either regular armed
forces fighting groups of
armed dissidents, or
obligation constitutes a condition for such
b. anyonewhoisdefenseless;or armedgroupsfightingeachother.
authorizationorpermit.(A rt20)
c. anyone who clearly expresses an intention to Internationalized Armed Conflict. — Prosecutor v. Tadic
Principle of
equality of
treatment. — Migrant workers shall
surrender; explained
that
an
internal
armed conflict may become international
enjoy treatment not less favourable
than that
which
applies
to
if
nationals of the State of employment in respect of provided he
or
she
abstains
from
any
hostile
act
and
does
not
remuneration, other conditions of work, and other terms of attempttoescape. 1. Another
State
intervenes
in that conflict through its troops,
employment.(A rt25) or
4. Martens Clause. — implements rules of humanitarian law
9. Rights of Women. — Discrimination against women shall applicable in armed conflict that are so fundamental to the 2. If some of the participants in the internal armed conflict
mean any distinction, exclusion or restriction made on the respect of
the
human
person and elementary considerations of actonbehalfofthatotherState.
basis of
sex.
(1
979
Convention
on
the Elimination of All Forms humanity (Corfu Channel Case) that must be observed by all Twocriteriamustbeassessed:
ofDiscriminationAgainstWomen) States WON they have ratified the conventions that contain
1. Theintensityoftheconflict;and
them because they constitute intransgressible principles of
10. Rights of the Child. — A child means every human being
international customary law.
(Advisory Opinion on the Legality 2. Theorganizationoftheparties.
below the age of
18 years unless
under the
law
applicable to
oftheThreatorUseofNuclearWeapons) These criteria are used to distinguish an armed conflict from
the
child,
majority is
attained earlier.
(1989 Convention on the
RightsoftheChild) ThisisembodiedinArt1(2)ofAdditionalProtocolIof1977. banditry, unorganized insurrections, or terrorist activities which
aren
otsubjecttoIHL.(Prosecutorv.Limaj)
Theworstformsofchildlabourcomprises:
a. Allformsofslavery;
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Warofnationalliberation 4. Mercenary. — A mercenary shall not have the right to be a d. that
of
conducting their
operations in accordance with
An armed conflict also treated as a conflict of an international combatant or a prisoner of war. A mercenary is any person the laws and customs of war. (Art 4[A.2] Geneva
character. who: ConventionIII)
a. is specially recruited locally or abroad in order to fight 3. Persons who accompany the armed forces without actually
CoreinternationalobligationsofStates
inanarmedconflict; beingmembersthereof,suchas
Thesevenfundamentalrulesare:
b. does,infact,takeadirectpartinthehostilities; a. civilianmembersofmilitaryaircraftcrews,
a. Persons hors de combat and those who do not take a direct
c. is motivated to take part
in
the
hostilities
essentially b. warcorrespondents,
part
in
hostilities are entitled to respect for their lives and their
bythedesireforprivategain; c. supplycontractors,
moralandphysicalintegrity.
d. isneitheranationalnoraresident; d. members of labour units or of services responsible for
b. It is forbidden to kill or injure an enemy who surrenders or
whoish orsdecombat. e. is not a member
of
the
armed
forces
of
a Party
to
the thewelfareofthearmedforces,
conflict;and provided that
they
have
received
authorization
shall
also
be
c. The wounded and sick
shall
be
collected
and
cared
for
by
the
partytotheconflictwhichhastheminitspower. f. has
not
been sent
by
a State which is not a Party to the entitledtoprisoner-of-warstatus.
conflict on official duty as a member of its armed 4. Any member of the armed forces who engages in espionage
d. Captured combatants and civilians are entitled to respect for
forces.(A rt47ProtocolI) shall not have the right to the status of prisoner of war and
theirlives,dignity,personalrightsandconvictions.
5.
Military objectives are limited to those objects which by their may be treated as a spy, unless that member is in uniform
e. Everyone should be entitled to benefit from fundamental
nature, location, purpose or use make an effective contribution whilegatheringorattemptingtogatherinformation.
judicialguarantees.
to military action and whose total or partial destruction, Lawonneutrality
f. Parties
to
a conflict
and
members
of
their
armed
forces do not capture or neutralization, in the circumstances ruling at the
haveanunlimitedchoiceofmethodsandmeansofwarfare. time,offersadefinitemilitaryadvantage. 1. Neutrality is the legal position of a State which remained
g. Parties to a conflict shall at
all
times
distinguish
between
the aloof from a war
between two
other
States or
groups of
States
Prisonersofwar
civilian population and combatants. Attacks shall be while maintaining certain rights towards the belligerents and
1. Prisoners of war are lawful combatants who have fallen
into observing certain duties prescribed by customary law or by
directedsolelyagainstmilitaryobjectives.
thepoweroftheenemy. internationalconventionsortreaties.
Principlesofinternationalhumanitarianlaw
2. Members of other militias and members of other volunteer 2. AneutralizedStatehasthefollowingcharacteristics:
Treatmentofcivilians corps, including those of organized resistance movements,
a. Itsneutralityispermanent;
1. A civilian is any person who does not belong to an armed belonging to
a Party to
the conflict and operating in
or outside
their own territory, even if this territory is
occupied, provided b. Itsneutralityisguaranteedbyatreaty;and
force and who is not a combatant. In case of
doubt, a person
shallbetreatedasacivilian. thefollowingconditionsaremet: c. Itisobligedtomaintainitsstatusofneutrality.
2. The civilian population comprises all persons who are a. that
of
being
commanded
by
a person
responsible
for 3. Aneutralcannotavailhimselfofhisneutrality:
civilians. The presence within the civilian population of hissubordinates;
a. Ifhecommitshostileactsagainstabelligerent;and
individuals who
do
not
come
within the
definition of civilians b. that
of
having
a fixed
distinctive sign recognizable at a
b. If he commits acts in favor of a belligerent,
does not deprive the population of its civilian character. (Art 50 distance;
particularly if
he
voluntarily enlists in the ranks of the
ProtocolI) c. thatofcarryingarmsopenly; armedforcesofoneoftheparties.
3. The civilian population and individual civilians shall enjoy
general protection against dangers arising from military
operations.
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4.
Goods of a neutral found on board an enemy’s vessel are not ArchipelagicStates 10. All ships and aircraft enjoy the right of
archipelagic sea lanes
liable to seizure as prize of war except if they constitute passageinsuchsealanesandairroutes.
4. An archipelagic State means a State constituted wholly by one
contrabandofwar. Regimeofislands
ormorearchipelagosandmayincludeotherislands.
Contraband of war refers to any item or goods that
are
of
a
Straightarchipelagicbaselines 11. An island is a naturally formed area of land, surrounded by
militarycharacter.
5. The Archipelagic Theory considers a group of
islands which water,whichisabovewaterathightide.
5. Doctrine of Continuous Voyage and Ultimate Destination.
are so closely interrelated and their interconnecting waters
as 12. Rocks which cannot sustain human habitation or
— Absolute contraband is
liable
to
capture if
it
is shown to be
onegeographicalunit. economiclifeoftheirownshallhaveN O
destined to territory belonging to
or
occupied by the enemy or
tothearmedforcesoftheenemy. The theory allows an archipelagic state to draw straight a. exclusiveeconomiczoneor
archipelagic baselines joining the outermost points of the b. continentalshelf.
6. Right of
Angary. — Neutral vessels in the port of a belligerent
outermostislandsanddryingreefsofthearchipelago.
State may be seized and made to transport troops and supplies. Internalwaters
It extends to the requisitioning of vessels, or other property, Archipelagicwaters
13. Article I of the
1987
Constitution defines the
internal waters
suchasrailroadmaterial,uponpaymentofcompensation. 6. The waters enclosed by the archipelagic baselines shall
of the P hilippines as the waters around, between, and
become archipelagic waters regardless of their depth or
N.LawoftheSea connecting the islands of the archipelago, regardless of their
distance from the coast, and within these archipelagic waters,
Baselines breadthandd imensions.
the archipelagic State may draw closing lines for the
delimitationofitsinternalwaters. 14. Article 8 of
UNCLOS provides that waters on the landward side
1. The baseline is the low-water mark along the coast from
of the baseline of the territorial sea form part of the internal
which the belt of the territorial sea is measured. (Fisheries 7. Ships of all States enjoy the right of innocent passage through
watersoftheState.
Case) archipelagic waters. This right is not available inside the
closinglinesforthedelimitationofinternalwaters. Territorialsea
2. The normal baseline for measuring the breadth of the
territorial sea is the low-water line
along
the
coast
as
marked 8. Innocent Passage means navigation through the territorial sea 15. The territorial sea is an adjacent belt of sea which may extend
on large-scale charts officially
recognized by
the
coastal State. forthepurposeof: up to a breadth of 12 nautical miles from the
baseline
over
(Art5U
NCLOS) whichthesovereigntyofacoastalStateextends.
a. traversing that sea
without entering internal
waters or
3. The use of the straight baseline method has the following calling at a roadstead or
port
facility
outside
internal 16. In
the
Fisheries Jurisdiction Case, the preferential rights
of
a
limitations: waters;or coastal State had crystallized as customary law. Such
a. The drawing of straight baselines must not
depart
to preferential rights refer to that of
fishing in adjacent waters
in
b. proceeding to
or
from
internal waters
or a call at such
favor of the coastal State in a situation of special dependence
any appreciable extent from the general direction of roadsteadorportfacility,and
onitscoastalfisheries.
thecoast; so long as it is not prejudicial to the peace, good order or
b. The areas lying within the lines must be
sufficiently Contiguouszone
securityofthecoastalState.
closely linked to
the
land
domain to
be
subject
to
the Archipelagicsealanespassage 17. In a zone contiguous to its territorial sea, described as the
regimeofinternalwaters;and contiguous zone, the coastal State may exercise the control
9. Archipelagic sea lanes passage means the exercise of the
c. Account may be taken
of
economic interests peculiar necessaryto:
rights of navigation and overflight in the
normal mode solely
to
the region concerned, the reality and the importance a. prevent infringement of its Customs, Fiscal,
for the purpose of continuous, expeditious and unobstructed
ofwhichareclearlyevidencedbylongusage. Immigration or Sanitary laws and regulations
transit between one part
of
the high seas or an EEZ and another
partofthehighseasoranEEZ. withinitsterritoryorterritorialsea;
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b. punish infringement of the above laws and regulations a. throughout the natural prolongation of its land a. A State must show material damage
and
causation
to
committedwithinitsterritoryorterritorialsea. territorytotheouteredgeofthecontinentalmargin,or beentitledtolegalrelief;and
18. The contiguous zone may not extend beyond 24 nautical b. to a distance of 200 nautical miles from the b. A State has a duty to prevent, and may be held
miles from the baselines from which the breadth of the baselines from
which the
breadth of the territorial sea responsible for pollution by
private
parties
within its
territorialseaismeasured. is measured where the outer edge of the continental jurisdiction if such pollution results
in
demonstrable
Exclusiveeconomiczone margindoesnotextenduptothatdistance. injurytoanotherState.
23. The coastal
State
exercises over the continental shelf exclusive Precautionaryprinciple
19. The exclusive economic zone is an area beyond and
sovereign rights for
the
purpose of exploring it and exploiting
adjacent to the territorial sea, over which a State has special 3. The
precautionary principle requires that, if there is a strong
itsnaturalresources.
rightsovertheexplorationandutilizationofmarineresources. suspicion that a certain activity may have environmentally
InternationalTribunalfortheLawoftheSea harmful consequences, it
is
better
to
control that
activity now
20. It shall not extend beyond 200 nautical miles from the
24. Contentious Jurisdiction. — The Tribunal has jurisdiction ratherthantowaitforincontrovertiblescientificevidence.
baselines from which the breadth of the territorial sea is
measured. over all disputes concerning the interpretation or application of 4. This principle is expressed in the Rio Declaration, which
theUNCLOS. stipulates that, where there are “threats of serious or
21. ThecoastalStatehas:
25. Advisory Jurisdiction. — The Seabed Disputes Chamber of the irreversible damage, lack of full scientific certainty shall not be
a. sovereignrights used as a reason for postponing cost-effective measures to
Tribunal is competent to give an advisory opinion on legal
i. for the purpose of exploring and exploiting, questions arising within the scope of the activities of the preventenvironmentaldegradation.”
conserving and managing the natural resources, AssemblyorCounciloftheInternationalSeabedAuthority. InternationalServicefortheAcquisitionofAgri-Biotech
whether living or nonliving, of the waters Applicationsv.GreenpeaceSoutheastAsia2015EnBanc
superjacent to the seabed and of the seabed and its O.InternationalEnvironmentalLaw
subsoil,and Principle21ofStockholmDeclaration The precautionary principle finds direct application in the
evaluation of evidence in cases before the courts. For purposes of
ii. with regard to other activities for the economic Principle of Good Neighborliness. — States have, in
accordance evidence, the precautionary principle should be treated as a
exploitation and exploration of the zone, such
as with the Charter of the United Nations and the principles of principle of last resort, where application of the regular Rules of
the production of
energy from
the water, currents internationallaw, Evidence would cause in
an
inequitable result for
the environmental
andwinds; plaintiff—
1) thesovereignrighttoexploittheirownresources
b. jurisdictionwithregardto: a) settingsinwhichtherisksofharmareuncertain;
2) pursuanttotheiro
wnenvironmentalpolicies,and
i. the establishment and use of artificial islands, b) settings in which harm might be irreversible and what is
3) the responsibility to ensure that activities within their lostisirreplaceable;and
installationsandstructures;
jurisdiction or control do not cause damage to the c) settings in which the harm that might result would be
ii. marinescientificresearch; environment of other States or
of
areas
beyond the
limits serious.
iii. the protection and preservation of the marine ofnationaljurisdiction. When these
features — uncertainty, the possibility of irreversible
environment. Notes harm, and the
possibility of
serious harm — coincide, the case for
the precautionary principle is
strongest.
When in
doubt, cases
must
Continentalshelf 1. The no-harm rule is a widely recognised principle of CIL be resolved in favor of the constitutional right to a balanced and
22. The
continental shelf of
a coastal
State
comprises the seabed whereby a State is duty-bound to prevent, reduce
and
control healthfulecology.
and subsoil of the submarine areas that extend beyond its theriskofenvironmentalharmtootherstates.
territorialsea 2. The Trail
Smelter
Case established two fundamental principles ENDOFPOLITICALANDPUBLICINTERNATIONALLAW
ofliabilityfortransboundarypollutionunderIL:
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STARTOFLABORLAWANDSOCIALLEGISLATION A
statute
passed
to
protect
labor is
a "legitimate
exercise
of police Right
to
Participate.
— They
shall
also
participate in policy and
power, although it incidentally destroys existing contract rights."
decision-making processes affecting their rights and benefits as
I.FUNDAMENTALPRINCIPLES Contracts regulating relations between capital and labor are not
merely contractual, and said labor contracts are impressed with maybeprovidedbylaw.
publicinterest,andmustyieldtothecommongood. TheStateshallpromote
A. Legalbasis
The
relations between capital and labor are not merely contractual as 1. the principle of shared responsibility between workers
1. 1987Constitution
provided in Article 1700 of
the
Civil
Code.
By statutory declaration,
andemployersand
Constitutional provisions on the protection of labor are NOT labor contracts are impressed with public interest and,
therefore,
SELF-EXECUTING, and are mere guidelines that need enabling must yield to the common good. Labor contracts are subject to 2. the preferential use of voluntary modes in settling
laws. They are not judicially enforceable. (see 2009 Serrano special laws on wages, working conditions, hours of labor, and disputes, including conciliation, and shall enforce their
similar subjects. In other words, labor contracts are subject to the mutualcompliancetherewithtofosterindustrialpeace.
Case)
police power of the State. The DO was issued to grant bus drivers and
Council of
Teachers & Staff of Colleges & Universities of the Phils. v. conductorsminimumwagesandsocialwelfarebenefits. The State shall regulate the relations between workers and
Sec.ofEducation,etal2 018EnBanc employers,recognizing
3. LaborCode
The constitutional mandates of protection to labor and security of 1. the
right
of
labor to its just share in the fruits of production
a) PD442,asamended;
tenure may be deemed as self-executing in the sense that these are and
automatically acknowledged and observed without need for any b) OmnibusRulesimplementingtheLaborCode.
enabling legislation. However, subsequent legislation is
still
needed 2. the right of enterprises to reasonable returns to
to define the parameters of these guaranteed rights to ensure the B. Statepolicytowardslabor investments,andtoexpansionandgrowth.
protection and promotion, not only
the
rights of
the labor sector, but
oftheemployers'aswell. SEC3ARTXIII.T
heStateshall
1. Securityoftenure
2. CivilCode 1. afford full protection to labor, local and overseas, a) Workers can not be dismissed without
just
or
authorized
organizedandunorganized,and causes.
a) Article 1700. The relations
between capital
and labor are
not merely contractual. They are so impressed with public 2. promote
full
employment and
equality
of
employment b) Probationary employees shall be made regular after 6
interest that labor contracts must yield to the common opportunitiesforall. monthsunlessadifferentperiodisagreed.
good. Therefore, such contracts are subject to the special Collective Rights of Workers.
— It
shall
guarantee
the
rights
of
all c) It is the right of the employee to continue to work until
laws on labor unions, collective bargaining, strikes and workersto terminatedforjustorauthorizedcauseasprovidedbylaw.
lockouts, closed shop, wages, working conditions, hours
oflaborandsimilarsubjects. 1. self-organization,
ARTICLE 294. Security of Tenure. — In cases of regular
b) Article 1701. Neither capital nor labor shall act 2. collectivebargainingandnegotiations,and employment, the employer shall not terminate the services of an
oppressively against the other, or impair the interest or 3. peaceful
concerted
activities,
including
the
right
to
strike in employee except for a j ust cause or when a
uthorized by this
convenienceofthepublic.(P rincipleofNon-oppression) accordancewithlaw. Title. An employee who is
unjustly
dismissed from
work
shall
be
c) Article 1702. In
case of doubt, all labor legislation and all entitledto
IndividualRightsofWorkers.—T
heyshallbeentitledto
labor contracts shall be construed in favor of the safety and
a) reinstatement without loss of seniority rights and other
decentlivingforthelaborer. 1. securityoftenure,
privilegesand
TheProvincialBusOperatorsAssociationofthePhilippinesetalv. 2. humaneconditionsofwork,anda b) hisfullbackwages,inclusiveofallowances,and
DOLE,etal.2
018EnBancLeonen,J 3. livingwage.
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a) An employee can join a union on the first day of leave, holiday pay and
13th month pay, the
burden rests
on
the
c) his other benefits or
their
monetary equivalent
computed
from the
time
his
compensation was
withheld from him
up
employment. employer to prove payment. This standard follows the basic rule
b) Collective
bargaining is
a contract
between workers and that
in
all
illegal dismissal cases the burden rests on the defendant to
tothetimeofhisactualreinstatement.
provepaymentratherthanontheplaintifftoprovenon-payment.
employers on terms and conditions of employment over
andabovethosemandatedbylaw. On the other hand, for
overtime pay,
premium pays for holidays
2. Socialjustice
and rest days, the burden is shifted on the employee, as these
The promotion of
the
welfare
of all the people, the adoption by 5. Constructioninfavoroflabor monetary claims are not incurred in the normal course of business. It
the Government of measures calculated to insure economic is thus incumbent upon the
employee to
first
prove
that he
actually
stability
of
all
the
component elements of
society, through
the ARTICLE 4. Construction in Favor of Labor. — All doubts in the rendered service in excess of
the
regular
eight
working hours a day,
maintenance of a proper economic and social equilibrium in implementation and interpretation of the provisions of this Code, andthatheinfactworkedonholidaysandrestdays.
the interrelation of the members of the community, including its implementing rules and regulations, shall be
resolved
Remoticadov.TypicalConstructionTrading2018Leonen,J
constitutionally, through the adoption of measures legally infavoroflabor. reIllegalDismissal
justifiable, or extra-constitutionally through the exercise of
powers underlying the existence of all Governments on the There can be no case for illegal termination of employment when
a) In Peñaflor v. Outdoor Clothing 2010, this principle has
time-honored principle of Salus Populi est suprema lex. there was no termination by the employer. While, in illegal
been extended to
cover doubts in the evidence presented termination cases, the burden is upon the employer to show just
(Calalangv.Williams)
bytheemployerandtheemployee. cause for termination of employment, such a burden arises only if
3. Equalworkopportunities the
complaining employee has
shown, by s
ubstantial evidence,
b) If doubt exists between the evidence presented by the
a) The State shall promote full employment and equality
of employer and the employee, the scales
of
justice
must
be thefactofterminationb ytheemployer.
employmentopportunitiesforall. tilted in favor of the latter. (Dreamland Hotel Resort v. DutyFreePhilippinesv.Tria2012
b) A manifestation of this is
the
enactment
of
RA
10911
or Johnson2 014) reClearandConvincingEvidence
the Anti-Age Discrimination in Employment Act. The c) The rule is that where the law speaks in clear and
In illegal dismissal cases, the employer is burdened to prove just
lawhoweveracceptsofe xceptions categorical language, there is no room for interpretation;
cause for terminating the employment of its employee w ith clear
i) Age is a bona fide occupational qualification there is only room for application. Only when the
law
is
and convincing evidence. This principle is designed to give
reasonably necessary in the normal operation of a ambiguous or
of
doubtful meaning
may the court interpret
flesh and blood to the guaranty of
security of tenure
granted
by the
particular business or where the differentiation is or
construe its true intent. (Leoncio v. MST Marine Services ConstitutiontoemployeesundertheLaborCode.
basedonreasonablefactorsotherthanage; 2017)
ii) The intent is to observe the terms
of
a bona
fide 6. Burdenofproofandquantumofevidence
II.RECRUITMENTANDPLACEMENT
seniority system that
is
not
intended to evade the Maulav.XimexDeliveryExpress2017
purposeofthisAct; Definitionofrecruitmentandplacement
In administrative and quasi-judicial proceedings, the quantum of
iii) The intent is to observe the
terms
of
a bona
fide evidence required is substantial evidence or "such relevant
Regulationofrecruitmentandplacementactivities
employee retirement or a voluntary early evidence as
a reasonable mind might accept as adequate to support a
retirement plan consistent with the purpose of conclusion." Thus, unsubstantiated suspicions, accusations, and IllegalRecruitment
thisAct;or conclusions of the employer do not provide legal justification for
dismissingtheemployee. Liabilityoflocalrecruitmentagencyandforeignemployer
iv) TheactionisdulycertifiedbytheSOLE.
4. Righttoself-organizationandcollectivebargaining Minsolav.NewCityBuilders,Inc.2018reMoneyClaims Terminationofcontractofmigrantworker
In claims for payment of salary differential, service incentive Employmentofnon-residentaliens
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A. Definitionofrecruitmentandplacement seePOEAMemorandumCircularNo.08,S.2018 g) Sole proprietors, partnerships
or
corporations licensed to
No employer may hire a Filipino worker for overseas engage in private recruitment and placement for local
Recruitment and placement refers to any act of canvassing, employment are prohibited from engaging in job
employment except through the Boards and entities authorized
enlisting, contracting, transporting, utilizing, hiring, or procuring contracting or subcontracting activities. (Sec 5, DO No
bytheDOLE.Direct-hiringby
workers, and includes referrals, contract services, promising or 141-14)
advertising for employment, locally or abroad, whether for profit or a) membersofthediplomaticcorps,
ForOverseasEmployment
not: b) international organizations and
such other
employers
a) Travelagenciesandsalesagenciesofairlinecompanies;
Provided,Thatanypersonorentitywhich,i nanymanner, as may be allowed by the DOLE are exempted from
thisprovision. b) Officers or
Board
members of
any
corporation or partners
1. offersorp
romisesf orafee,
c) Also exempted are name hirees
or
those individuals inapartnershipengagedinthebusinessofatravelagency;
2. employmenttot woormorepersons
who are able to secure
contracts
on
their
own
efforts c) Corporations and partnerships, where any of its officers,
shallbedeemedengagedinrecruitmentandplacement. and representation without the assistance or Boardmembersorpartnersisalso(b);
B. Regulationofrecruitmentandplacement participationofanyagency. d) Individuals, partners, officers
or
directors
of
an
insurance
activities TheirhiringnonethelessmustbeprocessedthroughthePOEA company who make, propose or provide an insurance
3. Entitiesprohibitedfromrecruiting contract under the compulsory insurance coverage for
1. Regulatoryauthorities
agency-hiredOFWs;
a. PhilippineOverseasEmploymentAdministration The following are disqualified from recruitment and
e) Sole proprietors, partners or officers
and
board
members
placementfordomesticemployment:
Shall regulate private sector participation in the withderogatoryrecords.
a) Personsc onvictedo
f
recruitment and
overseas placement of
workers by setting f) Any official or employee of DOLE, POEA, OWWA, DFA,
up a licensing and registration system. It shall also a. illegalrecruitment,
DOJ, DOH, BI, IC, NLRC, TESDA, CFO, NBO, PNP, CAAP,
formulate and implement a system for promoting and b. traffickinginpersons, international airport authorities, and other GAs directly
monitoringtheoverseasemploymentofFilipinos. involved in
the
implementation of
RA No 8042 and/or any
c. violationofchildlaborlaws,or
b. RegulatoryandvisitorialpowersoftheSOLE ofhisrelativeswithinthe4 thcivildegree.
d. crimesinvolvingmoralturpitude;
1) Art 36. Regulatory Power. The Secretary of Labor 4. Suspensionorcancellationoflicenseorauthority
b) Agencies whose licenses have
previously
been
cancelled
shall have the power to restrict and regulate the The
DOLE
Secretary
and
POEA Administrator have concurrent
recruitment and placement activities of all agencies orrevoked;
jurisdictiontosuspendorcancelalicense.
within the coverage of this Title and is hereby c) Cooperatives;
authorized to issue orders and promulgate rules and 5. Prohibitedpractices
d) LawenforcersandanyofficialoremployeeoftheDOLE.
regulations to
carry
out
the
objectives and implement It shall be unlawful for any individual, entity, licensee, or
e) Those against whom probable cause or prima facie finding
theprovisionsofthisTitle. holderofauthority:
of guilt for illegal
recruitment or
other related
cases exist
2) Art 37. Visitorial Power. The Secretary of Labor or a) To charge or accept directly or indirectly any
particularly to owners or directors of agencies who have
his duly authorized representatives may, at
any time, committedsuchviolations. amount greater than that specified in the
inspect the premises, books of accounts and records scheduleofallowablefeesp rescribedbytheSOLE;
f) Sole proprietors of duly licensed agencies are prohibited
of
any
person or entity covered by this Title, require it
from securing
another license to engage in recruitment and b) To furnish or publish any false notice or
to submit reports regularly on prescribed forms, and
placement. information or
document in
relation
to
recruitment
actonviolationsofanyprovisionsofthisTitle.
oremployment;
2. Banondirecthiring
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c) To
give
any
false
notice,
testimony, information or q) Non-renegotiationofLoan; iii) Complainants were convinced to part with their
document or commit any act of r) SpecifyingaMedicalEntity; moneybysuchimpression;1
misrepresentation for the purpose of securing a iv) There must be at least a promise or offer of
s) SpecifyingaTraining;
licenseorauthorityundertheLaborCode; employment.2
t) ViolationofSuspension;and
d) To induce or attempt to
induce
a worker already b) Recruitment and Placement;
Presumption. Where a fee
employed to quit his employment in order to offer u) CollectionofInsurancePremium.
is collected in consideration of a promise or offer of
himanother;
C. IllegalRecruitment employmenttot woormoreprospectiveworkers.
e) To
influence or attempt to influence any person or c) Additionalelements
entity not to employ any worker who has not applied Any
act
of
canvassing, enlisting, contracting, transporting, utilizing,
hiring, or procuring workers and includes referring, contract i) by
For syndicated. — committed three or more
foremploymentthroughhisagency;
services, promising or advertising for employment abroad, persons conspiring and confederating with one
f) To engage in
the
recruitment or
placement of workers
whether
for
profit
or
not, when undertaken by a non-licensee another.(P
eoplev.Hashim2012)
in jobs harmful to public health or
morality or
to
thedignityoftheRepublic; ornon-holderofauthority. ii) For large scale.
— committed against three or
Authority refers to a document issued by the SOLE authorizing the more persons,
individually
or
as a group. (People
g) To obstruct or attempt to obstruct inspection
by
v.Tuguinay2012)
theSOLE; officers, personnel, agents or representatives of a licensed
h) Tof ailtosubmitreports; recruitment/manning agency to conduct recruitment and 2. Types
placement activities
in
a place stated in the license or in a specified a) One is simple illegal recruitment committed by a
i) To substitute or alter to the prejudice of t he
place. licenseeorholderofauthority.
worker, employment contracts approved and
verifiedbytheDOLE; License refers to the document issued by the SOLE authorizing a b) Any person “who is neither a licensee nor a holder of
j) For an officer or agent of a recruitment or person, partnership or corporation to operate a private authority”commitsthesecondtypeofillegalrecruitment.
placement agency to become an officer or recruitment/manningagency.
c) Large scale or Qualified. — The third type of illegal
member of
the Board of
any
corporation engaged in Any
recruitment activities,
including
the
prohibited practices, to be recruitment refers to offenders who either commit the
travel
agency or
to
be
engaged directly or indirectly in undertaken by non-licensees or non-holders of authority shall be offense alone or with another person against three or
themanagementofatravelagency; deemedi llegal. morepersonsindividuallyorasagroup.
k) Tow
ithholdordenytraveldocuments; Thecharacteristicsofarecruitmentlicenseare: d) Syndicated —A syndicate or a group of three or
more
l) Failure to actually deploy a contracted worker 1) Itisplace-specific; persons conspiring and
confederating with one
another in
withoutvalidreason; carrying out
the act
circumscribed by the law commits the
2) Itisperson-specific;and
m) Failure to reimburse expenses incurred by the fourth type of illegal recruitment by the law. (People v.
worker;and 3) Itisprospective. Sadiosa)
n) To
allow a non-Filipino citizen to head or manage a 1. Elements Under RA 8042, the third and fourth types herein are
licensedrecruitment/manningagency. consideredIllegalRecruitmentasEconomicSabotage.
a) Essential Element. Presupposes deceit or
OtherProhibitedActs misrepresentation. 3. Illegalrecruitmentasdistinguishedfromestafa
o) Excessive Interest.
To
arrange, facilitate or grant a loan i) Withoutbeingdulyauthorized;
toanOFWwithinterest> 8%perannum; ii) Gave distinct impression that he had power or
p) SpecifyingaLoanEntity; abilitytodeployworkers; 1
eoplev.Goce,GRNo113161,August29,1995
P
2
D
arvinv.CAandPeople,GRNo125044,July13,1998
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a) Estafa by
means of false pretense. A worker who suffers 2. Theoryofimputedknowledge sanction the violation of PH labor laws requiring aliens to
pecuniary damage as a result of a previous or SunaceInternationalManagementServices,Inc.v.NLRC secureworkpermitsbeforetheiremployment.3
simultaneous false pretense resorted to by a nonlicensee d) Alien Employment Permit. — Revised
Rules
for
Issuance of
or nonholder of authority, may complain for
estafa
aside The theory of imputed knowledge ascribes the knowledge of the Employment Permits to Foreign Nationals, DOLE D.O. No. 186,
fromillegalrecruitment. agent TO the principal, not the other way around. The knowledge of S.2017
the principal-foreign employer cannot, therefore, be imputed to its
b) Illegal recruitment and estafa cases may be filed Coverage. — All foreign nationals who intend to engage in
agent.
simultaneously or separately. The filing of charges for gainfulemploymentinthePhilippinesshallapplyforAEP.
illegal recruitment does not bar the filing of estafa, and Exemption. — The following categories of foreign nationals
vice versa. An accused’s acquittal in the illegal recruitment
E. Terminationofcontractofmigrantworker
areexemptfromsecuringanemploymentpermit:
casedoesnotprovethatsheisnotguiltyofestafa. Takesplaceinthefollowinginstances:
a. All
members of the diplomatic service and foreign
Double jeopardy will not set in
because illegal
recruitment is a. Pre-termination of employment contract with approval of governmentofficialss ubjecttoreciprocity;
malum prohibitum, in which there is no necessity to
prove employer;
b. Officers and staff of international organizations of
criminal intent, whereas estafa is malum in se, in the b. Dischargeforavalidcause; which the Philippine government is a member, and
prosecution of
which,
proof of criminal intent is necessary. (Sy
c. Sufferedinjuryorillness;or theirlegitimatespousesdesiringtoworkinPH;
v.People2010)
d. AnOFWhasdied. c. Owners and representatives of
foreign principals
D. Liabilityoflocalrecruitmentagencyandforeign whose companies are accredited by the POEA, who
SkippersUnitedPacificInc.v.Doza2
012
employer cometothePhilippines
1. Solidaryliability The OFW can pre terminate his employment contract which is akin to i. foralimitedperiodand
resignation. However, if the employer failed to submit substantial
a) The liability of the principal/employer and the ii. solely for the purpose of interviewing
evidence that indeed the OFW voluntarily pre-terminated his
recruitment/placement agency for any and all claims Filipinoapplicantsforemploymentabroad;
contract;thentheOFWisdeemedillegallydismissed.
underthissectionshallbej ointandseveral. d. Foreign nationals who come to the Philippines to
Thebestproofofpre-terminationisaw
rittenresignation.
b) Such liabilities shall
continue
during the entire period teach, present and/or conduct research studies in
universities and colleges as visiting, exchange or
or
duration of
the
employment contract and
shall
not F. Employmentofnon-residentaliens
be affected by any substitution, amendment or adjunct professors provided that the exemption is on
a) Only non-resident aliens are required to secure employment areciprocalbasis;
modification made locally or in a foreign
country of
the
permit. For
resident
aliens and immigrants, what is required is
saidcontract.(S ec10,RA8042) e. Permanent resident foreign nationals and
anAlienEmploymentRegistrationCertificate(AERC).
c) In Sto. Tomas, et al. v. Salac 2012 En Banc, however, the probationaryortemporaryresidentvisaholders;
b) The latest department order issued about employment of
Court clarified that liability may be imputed on the f. Refugees and
Stateless
Persons
recognized
by DOJ;
foreignworkersisD ONo146-15.
corporate officers or directors only if it is proved that they and
are personally involved in the wrongful acts of the c) A foreign national working in PH without the requisite
g. Allforeignnationalsgrantedexemptionbylaw.
company. employment permit may file with the NLRC an illegal
dismissal complaint. The dismissal may be declared invalid Exclusion. — The
following
categories
of foreign nationals are
d) The liability of corporate directors and officers is not excludedfromsecuringanemploymentpermit:
and she
may
be recognized as an employee but she cannot be
automatic. To make them jointly and solidarily liable with
awarded claim for monetary benefits. To do so will a. Members of
the governing board with voting rights
their company, there must be a finding that they were
only and do not intervene in the management of the
remiss in directing the affairs of that company, such as
sponsoringortoleratingtheconductofillegalactivities. 3
W
PPMarketing,etal.v.Galera2
010
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corporation or in the day to day operation of the Hoursofwork 2. Executemanagementpolicies;
enterprise.
RestPeriods 3. Imposedisciplinaryactions
b. President and
Treasurer, who
are
part-owner of the
company. ServiceCharge Reason for exclusion Not usually employed by the hour,
butbytheirs pecialtraining,experienceorknowledge.
c. Those providing consultancy services who do not Wages
haveemployersinthePhilippines. 3) Fieldpersonnel—Ifthey:
ProhibitionsRegardingWages
d. Intra-corporatetransferee a) Regularly perform duties away from the principal or
WageDetermination
branchofficeorplaceofbusinessofemployer;a nd
i. who is a manager, executive or specialist
WageOrder b) Whose actual hours of work in the field cannot be
inaccordancewithTradeAgreementsand
WageDistortion determinedwithreasonablecertainty.
ii. an employee of the foreign service supplier
for at least one (1) year continuous Leaves 4) Members of the family of employer who are
employment. dependent upon him for support — Employer has
Sexualharassmentintheworkenvironment
e. All other intra-corporate transferees not within these alreadytakencareoftheemployee’ssustenance.
Workingconditionsforspecialgroupsofemployees
categories as defined above are
required to
secure an 5) Domestichelpers—coveredinKasambahayLaw;
AEPpriortotheiremploymentinthePhilippines. Apprenticesandlearners
6) Persons in the
personal service of another — Already
f. Contractual service supplier who is a manager, Disabledworkers provided with living quarters; nature of work; plus they are
executive or
specialist and
an
employee
of
a foreign notemployedinabusinessundertaking.
Gender
service
supplier which has no commercial presence in 7) Workers paid
by
results
whose time and performance
thePhilippines: Minors
areNOTsupervised—P iecerateorjobortaskbased.
i. who enters the Philippines temporarily to Kasambahays
supplyaservicepursuanttoacontract;
1. Hoursofwork
Homeworkers
ii. must
possess the appropriate educational and a. Principles in determining hours worked and employees
Soloparents exemptedornotcovered
professionalqualifications;and
Nightworkers 1) All hours are hours worked which the employee is
iii. must be employed by the foreign service
supplier for at least one year prior to the Migrantworkers required to give his employer, regardless of
supplyofserviceinthePhilippines. whether or not such hours are spent in productive
Securityguards
labororinvolvephysicalormentalexertion.
g. Representative of the Foreign Principal/Employer
SummaryofMinimumLaborStandardsBenefits
assigned in the Office of Licensed Manning Agency 2) An employee need not leave the premises of the
(OLMA). SummaryofSpecialBenefits workplace in order that his rest period shall not
be
counted, it being enough that he stops working, may
e) Working
Permits & Visas. — See DOLE, DOJ, BI and BIR Joint A. ConditionsofEmployment rest completely and may leave his work place, to go
GuidelinesNo.01,S.2019
EmployeesNOTcovered elsewhere, whether within or
outside the
premises of
1) Governmentemployees hisworkplace.
III.LABORSTANDARDS 3) If the work performed was necessary, or it
2) ManagerialEEs—Meetthefollowingconditions:
benefited the
employer, or the
employee could not
ConditionsofEmployment 1. Formulatepolicies; abandon his work at
the
end of
his
normal working
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hours because he had no replacement, all
time
spent 2. Domestic worker. — entitled daily to at d) Work is necessary to prevent loss or
for
such
work shall
be
considered as hours worked, if least8hoursaggregaterestperday. damageofperishablegoods;
the work was with the knowledge of
his
employer
3. Healthpersonnel.—in e) Completion or continuation of work
orimmediatesupervisor.
a. Cities and municipalities with at started before
the 8th hour necessary to
4) The time during which an employee is inactive by
least1Mpopulation;or prevent serious obstruction or
prejudice
to
reason of
interruptions in his work beyond his control thebusiness;and
shallbeconsideredworkingtimeeither b. Hospitals with at least 100 bed
f) Necessary to avail of favorable weather
a) if the imminence of the resumption of
work capacity,
conditions.
requires the
employee's presence
at
the place Regular office hours for 8 hours a day, 5
Under Art 88 and
jurisprudence, undertime is
ofworkor days a week, except where exigencies of
service require such personnel to work on the strictlynotoffsetbyovertime.
b) if the interval i s too brief to be utilized
effectively and gainfully in the employee's 6th day, in which case he is entitled to the RobinaFarmsCebuv.Villa2016
owninterest 30% premium pay. see
DOLE D.O. No. 182
Firstly, entitlement to overtime pay must first be established by
s.2017.
b. CompensableTime proof that the overtime work was actually performed before the
ii. Night shift differential. — refers to the additional employee may properly claim the benefit. The burden of proving
i. Normal hours
of work. — The normal hours of work
compensation of ten percent (10%) of an entitlement to overtime pay rests on the employee because the
of
any employee shall
not
exceed eight
(8)
hours a employee’s regular wage for each hour of work benefitisnotincurredinthenormalcourseofbusiness.
day.Itincludes performedbetween10p.m.and6a.m.
And, secondly, the DTRs did not substantially prove the actual
1. HoursworkedunderArt84 1. 110%ofBasicHourlyRate; performance of
overtime work. Any employee could render overtime
a. All
time during
which EE is required 2. Employees working between 10 PM - 6 AM work only when there was a prior authorization therefor by the
to
be on
duty
or to be at a prescribed ofthenextday; management. Without the
prior authorization, therefore, Villa
could
workplace; not
validly claim having performed work beyond the normal hours of
3. NOTwaivable,foundedonpublicpolicy.
b. All the time during which an EE is work.
iii. Overtimework
sufferedo rpermittedt owork;
(a) Compressedworkweek
2. Rest periods of short interval (5-20 GR: No employee may be compelled to render
OTagainsthiswill; 1. Normal workweek — 6 consecutive days, 48
minutes)
hoursperweek;
3. Mealperiodoflessthan20minutes; EXC: Art89
2. Compressed — less than 6 days, but may not
4. Reasonable time to withdraw wages from a) Country is at war or there is a declared
exceed 12 hours per day. It is an alternative
bankorATM,orbycheck. nationalorlocalemergency;
arrangement whereby the normal workweek
Otherhoursofwork b) OT is necessary to prevent loss of life or is reduced to less than 6 days but the total
property or in case of
imminent danger to number of normal work hours per week
1. Children. — below 15: 20H/W, 4H/D, not
publicsafetyduetocalamities; remains at 48. Thus, the workweek may be
allowedbetween8pmto6amofnextday;
c) There is urgent work to be performed on compressedonlyupto4 days.
15-18: 40H/W, 8H/D, not allowed between
machineries in order to avoid serious loss 3. CWW results from an express voluntary
10pmto6amthenextday. ordamagetotheemployer; agreement of majority of the covered
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employees or their duly authorized i. Meal break. — At least one-hour of An on-call employee is considered working if, while
representatives. non-compensablemealperiod. required to
be
in
the employer’s premises
or so
close
4. A
three-day work week is illegal. — Illegal May
be
shortened
(Book
III
Rule
1 Sec
7) to at most, thereto, he cannot use the
time
effectively or gainfully
compressed workweek when work days were 20minutesprovided: forhisownpurpose.
reduced from 6 to 3 days a week, resulting to
a) Workisnon-manual; 2. RestPeriods
illegal reduction of work hours, as
there was
no adequate proof of losses. Financial losses b) Establishment regularly operates not less Employees working for 6 consecutive days are entitled to a rest
must be shown before a company can than16hoursaday; dayofatleast24consecutivehours.
validly opt
to reduce the work hours of its c) In cases of actual or
impending emergencies GR: Employerschedulesemployee’srestday.
employees.(L intonCommercialv.Hellera) or there is urgent work to be performed on EXC: Employeepreferencebasedonr eligiousground;
5. Waiving
of
OT
in
CWW is
valid. D.O.
No. 21 machineries;and
EE must make known his preference 7 days before
sanctions the waiver of overtime pay in d) Work is necessary
to
prevent
serious
loss
of initialrestday.
consideration of the benefits that the perishablegoods.
employees will
derive
from the
adoption of a EXCtotheEXC:
ii. Powerinterruptionsorbrownouts
compressed workweek scheme. (Bisig ng When it
will
cause
serious obstruction or prejudice to
ManggagawasaTrycov.NLRC) a) Ifnotexceeding20minutes,compensable; the
employer, employer shall
schedule
the
rest
day
of
6. SeeDOLEDANo.2s.2004 b) Ifmorethan20minutes,notcompensableif: employee’schoicea tleast2daysinamonth.
(b) Built-inovertime. i) Employeescanleave;or GR: Employer cannot compel employee
to
work
on
a rest
day.
EngineeringEquipmentInc.v.MinisterofLabor ii) Employees can use time effectively for
theirowninterest. EXC: UnderArt92andBookIIIRuleIIISec6:
Aspera was one of several employees who
signed written contracts
with a "built-in"
overtime pay
in
the
ten-hour working day and that c) In each case, employer may extend normal a. In case of actual or impending emergencies due to
their basic monthly pay was adjusted to reflect the higher amount workinghourstomakeupforlosttime. calamities, or in case of force majeure or imminent
covering the guaranteed two-hour extra time whether worked or dangertopublicsafety;
iii. Traveltime
unworked. Because of that approval, the petitioner acted in good faith b. Urgent
work
needs to
be
performed on machineries to
a) Home-to-work-work-to-home travel — not
inenforcingthecontract. avoidseriousloss;
considered as hours worked because it is a
IlawatBuklodngManggagawav.NLRC normalincidentofemployment. c. Abnormal pressure of work due to special
circumstance;
b) Considered as hours worked — if required to
The work schedule (with "built-in overtime") had not
been forced
deviate from his normal d. Preventseriouslossofperishablegoods;
upon the workers; it had been agreed upon between SMC and its
workers at the Polo
Plant and
indeed, had been religiously followed home-to-work-work-to-hometravel. e. Nature of work requires 7 days
continuous
work,
i.e.
with mutually beneficial results for
the past
five (5)
years.
Hence, it iv. Waiting time. — spent by an employee shall be crewmembersinvessels;
could not be considered a matter of such great prejudice to the consideredasworkingtimeif f. Work is necessary to avail of favorable weather
workers as to give rise to a controversy between them and a) itisintegraltohisworkand conditions.
management.
b) that the employee
is
required
by
the
employer
to NOrestdayfor
c. Non-compensablehours;whencompensable wait. a. Employeesexcludedfromlaborstandards(Art.82)
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Union members who are supervisory employees c) which
is
payable
by
an
employer
to
an
employee
under a (PurposeTest)
considered as
officers
and
members of the managerial writtenorunwrittencontractofemployment ForthebenefitofEmployee ForthebenefitofEmployer
staff are exempt from the coverage of Article 82. i. forworkdoneortobedone,or
Perforce, they are not entitled to overtime, rest day and PartofWage IndependentofWage
ii. forservicesrenderedortoberendered
holiday.(N ationalSugarRefineriesv.NLRC)
Deductiblefromwage Notdeductiblefromwage
b. Shift engineer, no right to overtime
and
premium pay d) and includes the fair and reasonable value of board,
as he is an officer or member of managerial staff lodging, or other facilities customarily furnished by the 1) Facilities.—RequisitesforDeductibility:
(Peñarandav.BagangaPlywood) employertotheemployee. a) Mustbecustomarilyfurnishedbytheemployer;
"Fair and reasonable value" shall
not
include
any
profit
to
the
3. ServiceCharge b) Mustbechargedataf airandreasonablevalue;and
employer,ortoanypersonaffiliatedwiththeemployer.
a. asamendedbyR ANo.11360,effectiveonSeptember c) Must be voluntarily accepted by the employee in
Basic Wage. — All the remuneration or earnings paid by an
4,2019perD
OLELaborAdvisoryNo.10,S.2020; writing.
employer to a worker for services rendered on normal working
b. seeDOLED.O.No.206,S.2019; daysandhoursb utdoesnotinclude: 2) Meals and lodging provided to employees in order to
maintain their
efficiency
and
health while working at their
c. seeDOLELaborAdvisoryNo.14,S.2019. a) COLA;
respective project sites, are supplements, and not
All service charges actually collected by covered b) Profitsharingpayments; facilities (SLL International Cable Specialists v. NLRC
establishments shall be distributed COMPLETELY and 2011)
c) Premiumpay;
EQUALLY, based on actual hours or days of work or service
d) 13thmonthpay;or 3) Supplements. — Constitute extra remuneration or
rendered among the covered employees, including those
special privileges or benefits given to or received by the
alreadyreceivingthebenefitofsharingintheservicecharges. e) Othermonetarybenefits.
laborerso verandabovetheirordinaryearningsorwages
Covered employees refer to all employees, except managerial a. Wagevs.salary
c. Bonus,13thmonthpay
employees, under the direct employ of the covered
Wage Salary 1) Resignedorseparatedemployeestobepaidprorata;
establishment.
Compensation paid for manual Compensation for higher or 2) Non-paymentshallbetreatedasm
oneyclaims.
B. Wages
skilledorunskilledlabor superiorlevelofemployment 3) Employees paid a fixed or guaranteed wage plus
1. Definition,components,andexclusions commission are entitled
based on
their
total
earnings
for
Compensationforlabor Relatestoapositionoroffice
Wagep
aidtoanemployeeshallmean thecalendaryear.
a) theremunerationo
rearnings,howeverdesignated, Shall not be subject to execution, NOTexempt 4) Basic salary means not the amount actually received
by
attachment or garnishment except an employee, but 1/12 of their standard monthly wage
b) capable of
being
expressed in terms of money, whether for debts incurred for food, shelter,
multiplied by their length of service within a given
fixedorascertainedona clothingandmedicalattendance.
calendaryear.
i. time, b. Distinguishfacilitiesandsupplements R&ETransportv.Latag
ii. task, Facilities Supplements Since
Pedro was
paid
according
to
the "boundary" system, he is not
iii. piece,or entitled to
the
13th
month and
the service
incentive
pay; hence, his
Necessaryexpensesoflaborerand Extrabenefitorspecial
iv. commissionbasis,or hisfamily privilege retirementpayshouldbecomputedonthesolebasisofhissalary.
v. othermethodofcalculatingthesame,
Reyesv.NLRC
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Sales commissions which are effectively an integral portion of a) Private school t eachers: during s emestral
Since a worker is
entitled
to
the
enjoyment of
ten
paid
regular
the
basic salary structure of
an employee, shall be
included in vacations — not entitled; Christmas breaks —
holidays, the
fact that
two
holidays fall on the same date should
determining the retirement pay. In
fine,
the commissions which entitled.
not operate to reduce to nine the ten holiday pay benefits a
petitioner received were not
part
of his salary structure but
were b) Paid by results or output = entitled to
not less workerisentitledtoreceive.
profit-sharing payments and had no clear, direct or necessary than the average of daily earnings of last 7 days
relation to
the
amount of
work he actually performed. The collection actually worked preceding the holiday, provided it 2. Principles
made by the salesmen from the sale transactions was the profit of isnotlessthanthestatutoryminimumwage.
private respondent from which petitioner had a share in the form of a a. Nowork,nopay
c) Seasonal workers: during off-season — not
commission. GR: Iftheworkerdoesnotwork,heearnsnopay.
entitled.
LetranCalambaFaculty&EmployeesAssociationv.NLRC EX: Workerisstillentitledtobepaidif:
d) Workers with no regular working days —
entitled. 1. Employer unduly prevented him from working despite
ON OVERLOAD PAY. Overload pay should be excluded from the
hisableness,willingnessandreadiness;
computation of the 13th-month pay because it is being paid for 4) Successive Holiday Rule. — Not entitled for both
additionalworkperformedinexcessoftheregularteachingload. holiday pay if absent on the day preceding the first 2. He is legally locked out or illegally suspended or
holiday, unless working on the first holiday, in which dismissed;
Overload pay
is
not
integrated
with a teacher's basic salary for his or
herregularteachingload. case,heisentitledholidaypayforthe2nd. 3. Heisillegallypreventedfromworking.
5) DoubleHolidayRule In Odango
v.
NLRC, SC
held
that
no
work
no
pay
also
applies
d. Holiday pay.
— refers
to the payment of the regular daily wage
a) Ifunworked=2
00%; tomonthly-paidworkers,ifabsentwithoutpay.
foranyunworkedregularholiday.
b) Ifworked=3
00%; b. Equalpayforequalwork
1) Effectofa
bsences:
c) Iffallsonarestday=3
90% InternationalSchoolAllianceofEducatorsv.Quisumbing
a) Onleavewithpay—e
ntitled;
6) Flexi-holiday Schedule — employee agrees to
avail of Persons who work with substantially equal qualifications, skill,
b) On leave without pay on the day immediately
holidays at some other days provided there is no effort and responsibility, under similar conditions, should be paid
preceding — not
entitled, unless
worked on
regular similarsalaries.
diminutionofexistingbenefitsresultingtherefrom.
holiday;
7) Supervised workers paid by results are entitled to The School cannot invoke the need to entice foreign-hires to leave
c) OnleavewhileonSSSorECbenefits—e
ntitled. their domicile to rationalize the distinction in salary rates without
holidaypay.
d) If day preceding holiday is nonworking day — violatingtheprincipleofequalworkforequalpay.
AsianTransmissionCorpv.CA
entitled if worked the day immediately preceding
c. Non-diminutionofbenefits
thenonworkingday. Holiday pay is a legislated benefit enacted as part of the
Constitutional imperative that the State shall afford protection to 1) Benefits given to employees cannot be taken back or
2) Effectofb
usinessclosure
labor.
Its purpose is not merely "to prevent diminution of the monthly reduced unilaterally by the employer because the benefit
a) Incaseoftemporaryshutdown—e
ntitled; hasbecomepartoftheemploymentcontract.
income of the workers on account of work interruptions. In other
b) If cessation due to business reverses as authorized words, although the worker is
forced to
take a rest,
he
earns
what he 2) Applicableifthefollowingconditionsaremet:
bySOLE—n otentitled. should earn, that
is,
his
holiday pay."
It
is
also intended to enable the
a) The grant of the benefit is based on an express
3) Holidaypayofcertainemployees worker to
participate in the national celebrations held during the days
policy or has ripen into practice over a long
identifiedaswithgreathistoricalandculturalsignificance.
periodoftime;
b) Practiceisc onsistentanddeliberate;
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c) It is not due to error in the construction or EstimatedEquivalentMonthlyRate(EEMR)
application of a doubtful or difficult question of
NO. As the petitioner failed to apply for an exemption, and it is
a) ForM
onthlyp
aid:(365) undisputed that
the
respondents
are
MPRB's employees and are paid
laworprovisionintheCBA;
Applicable Daily Rate (ADR) x 365 less
than
the prescribed minimum wage,
the
petitioner's liability for
d) The diminution is done unilaterally by the E EM R = 12 months wagedifferentialcannotbedenied.
employer. b) ForD
ailyp
aid: Petitioner is employing more than ten (10) employees in his
3) Company practice is a custom or habit shown by an i) Requiredtoworkeveryday(393.5) establishment. To be sure, employment
status
is
determined
by the
employer’s repeated, habitual customary or succession of four-foldtest,andtheattendantcircumstancesofeachcase.
Applicable Daily Rate (ADR) x 393.5
acts of
similar
kind
by
reason of
which, it gains the status E EM R = 12 months
of a company policy that can no longer be disturbed or
4. PaymentofWages
ii) Do not work and not considered paid on
withdrawn. GR: Legal Tender (Art 102, LC; Art 1705 NCC) is that
Sundaysorrestdays(313)
4) The rule on company practice is generally used with currency which has been made suitable by law for the
Applicable Daily Rate (ADR) x 313
respect to grant
of
additional
benefits to employees, not to E EM R = 12 months purpose of a tender of payment of debts, i.e. coins and
issues involving diminution of benefits (2011 University notesissuedbyBSP.
iii) Do not work and not considered paid on
ofEast) Strictly
not
allowed
— other
objects
other
than
legal
tender, even
weekendsorrestdays(261)
whenexpresslyrequestedbyEE.
3. MinimumWage Applicable Daily Rate (ADR) x 261
E EM R = 12 months
Exceptions
The minimum wage rates prescribed by law shall be the basic
cash wages without deduction therefrom of whatever benefits, b. Payment by results. — All workers paid by result, including a) BankCheck
supplements or allowances which the employees enjoy free of those who are paid
on piecework, takay,
pakyaw or task basis,
b) MoneyOrder
chargeasidefromthebasicpay. shall receive not less than the prescribed wage
rates per
eight
(8) hours of work a day, or a proportion thereof for working c) PostalChecks,provided
Regional Minimum Wage Rates. — The lowest basic wage rates
lessthaneight(8)hours. a. Itiscustomarypracticeonthedateofeffectivity;or
that an employer can pay his workers, as fixed by the Regional
Tripartite Wages and Productivity Boards (RTWPB) and which OtherWageRates b. SostipulatedinCBA;andthefollowingaremet:
shall not be lower than the applicable statutory minimum wage a. Of apprentices or learners shall be 75% of the
statutory c. Thereisabankwithin1KMradius;
rates. minimumwage.
d. Employer or agents
do
not
receive
pecuniary
benefits
a) IncludesC
OLAasfixedbyRTWPB. b. OfPWDs,100%oftheapplicableminimumwage. fromsucharrangement;
b) Excludeso
therwage-relatedbenefits. Pablicoetal.v.Cerro2019 e. Employee given reasonable time to withdraw and shall
a. Payment by
hours worked. — Once an agreed period of work constitute
compensable hours if
done within
working
In order to be exempted under the Wage Rationalization Act, two
iscompleted,compensationisearnedregardlessofresult. elementsmustconcur-— hours;and
1) Daily-paid employees are paid on the days actually f. WithwrittenconsentoftheemployeeifwithoutCBA.
first, it must be shown that the establishment is regularly
worked except unworked regular holidays
when they
employingnotmorethanten(10)workers,and PlaceandMediumofPayment
are
paid
their basic wage
if
they
are
present or a leave
with pay on the working day preceding the regular second, that the establishment had applied for and was GR: Atornearplaceofundertaking;
grantedexemptionbytheappropriateRegionalBoard..
holiday. EXC: (BookIIIRuleVIIISec4)
2) Monthly-paid employees are paid every day of the WONpetitionerisexemptfromtheMinimumWageLaw.
a. Deteriorationofpeaceandorder;
month,includingunworkeddays.
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b. Actualorimpendingemergenciesduetocalamities; b. Worker has
died,
in
which case, paid to heirs without need 3. Discharginghimfromemployment;or
c. Employerprovidesfreetransportationbackandforth;and ofintestateproceedings,onlya ffidavitofheirship. 4. Discriminate
against
him
in
any
manner. (Art
d. Otheranalogouscircumstance,p
rovided TimeandFrequency 118)
Time spent collecting wages is considered compensable GR: At least every 2 weeks or twice a month at intervals
not iv) Falsereporting(Art119)
hoursworked. exceeding16days. c) Non-interference in the disposal of
wages.
— Art
112.
No
e. Prohibited places: bar, club, drinking establishment, EXC: Forcemajeure. employer is allowed to limit or otherwise interfere with
how
similar places where games are played with stakes of anemployeeshoulddisposeormakeuseofthelatter’swages.
5. ProhibitionsRegardingWages
money, except if employee employed in such He shall not in any manner force, compel, or oblige his
establishment. a) FromtheCivilCode employees to purchase merchandise, commodities or any other
PaymentthruB
anksallowed(RA6727)p
rovided i) Art 1705. The laborer's wages shall be
paid
in
legal property.
currency.
a. Withwrittenpermissionofmajorityofemployees; WageDeduction
ii) Art
1706. Withholding of
the
wages, except for a debt
b. Inallprivateestablishmentsofa
tleast25EEs; GR: No
employer,
in
his
own
behalf
or
in behalf of any person,
due,shallnotbemadebytheemployer.
shall make any deduction from the wages of his
c. Locatedwithin1KMradiustoabank;
iii) Art 1707. The laborer's wages shall
be
a lien
on
the employees.
d. WithintheperiodofpaymentofwagesfixedbytheLC. goodsmanufacturedortheworkdone.
EXC:
PaymentthruA
TMallowedp
rovided: iv) Art 1708. The
laborer's
wages shall
NOT
be subject
a) Facilities;
a. Withwrittenconsentofemployeesconcerned; to execution or attachment, except for debts
incurred for food, shelter, clothing and medical b) Amount paid by ER as premiums on insurance,
b. Given reasonable time to
withdraw
during
working
hours consentedt obyEE;
attendance.
andisconsideredcompensable;
v) Art
1709. The
employer shall neither seize nor retain c) For union dues, where the right of EE or his union to
c. WithinperiodofpaymentofwagesfixedbyLC; checkoff has been recognized by the ER or
authorized in
anytoolorotherarticlesbelongingtothelaborer.
d. ThereisabankorATMwithin1KMradius; writingbytheEEconcerned;
b) Otherprohibitions
e. Payslipbeprovided,uponrequest; d) Where ER is authorized by law or regulations issued by
i) Kickbacks — induce a worker to
give
up
any
part
of SOLE;
f. No additional expenses and diminution of benefits
hiswagesbyforce,stealth,intimidation,threat;
resultingfromthescheme; e) For loss or damage
under
Art
114
LC; DOLE
LA
11-14,
ii) Deductiontoensureemployment(Art117); PrivateSecurityAgencies:
g. Employer shall assume responsibility in case the wage
protection provisions of law and regulations are not iii) Retaliateagainstanemployeewhohas i) Followingmustbeobserved:
compliedwithunderthearrangement. 1) Filedanycomplaint,or 1) EEisclearlyresponsibleforthelossordamage;
Payee 2) Institutedproceedings,or 2) He
is
given
reasonable opportunity to show cause
GR: DirecttoEmployee; 3) Has testified or is about to testify in said whydeductionsshouldnotbemade;
proceedings; 3) Deduction is fair and reasonable and should not
EXC:
by: exceedtheactuallossordamage;and
a. Force majeure,
in
which
case
worker may be
paid
through
1. Refusingtopaythewages;or 4) Doesnotexceed2
0%ofEE’swagesinaweek.
another person under
written authority
for such purpose;
or 2. Reducingsuchwages;or
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ii) Cash Deposit — must not exceed one
month's basic l) Under the PH Cooperative Act of 2008. RA 9520 - A b) New business enterprises (NBEs) — refers to
salary of EE. May be deducted from wages in an member of
a cooperative
may execute an instrument in establishments, including non-profit institutions,
amountnottoexceed20%ofEE’swagesinaweek. favor of the cooperative authorizing his employer to established within two (2) years from effectivity of
iii) Refund — within 10 days from separation from deduct from his wages and remit such to the cooperative to the Wage Order based on the latest
registration with
service. satisfyanyincurreddebtorotherdemands. the appropriate government agency such as
SEC,
DTI,
m) DO No. 195, S. 2018, Amending
Sec.
10,
Rule
VIII,
Book CDAandMayor'sOffice.
Jardinv.NLRC
III,IRR. c) Retail/Service establishments employing not
With regard to the amount deducted daily by private respondent from morethanten(10)workers.
⭐SECTION 10. Wages deduction. — Deductions from the
petitioners for washing of
the
taxi
units, we
view the
same
as
not
wages of the
employees may
be
made
by
the
employer
in
any i) Retail establishment refers to an entity
illegalinthecontextofthelaw.
ofthefollowingcases: principally engaged in the sale of goods to
NiñaJewelryManufacturingofMetalArtsv.Montecillo2
011 (b) When the
deductions are
with the
written
authorization of end users for personal or household use. A
the employees for payment to the EMPLOYER or a third person retail establishment that
regularly engages in
Employers should first
establish that
the
making of deductions from wholesaleactivitieslosesitsretailcharacter.
the salaries is
authorized by law, or regulations. Further, the posting and the employer agrees to do so; Provided, That the latter does
not receive any pecuniary benefit, directly or indirectly, from ii) Service Establishment refers to an entity
of cash bonds should be proven as a recognized practice in the
jewelry manufacturing business, or alternatively, the employer thetransaction. principally engaged in the
sale of
services
to
should seek for the determination by the SOLE that the policy the individuals for their own or household use
6. WageDetermination
former seeks to implement is
necessary or
desirable in
the
conduct andisgenerallyrecognizedassuch.
TwoMethodsofDeterminingWages
ofbusiness. d) Establishments adversely affected by natural
a. Floor Wage Method which involves the fixing of a calamities.
f) For
Agency Fees from non-union members who accept the determinate
amount
to
be added to the prevailing statutory
i) The
establishment must
be
located
in an area
benefits
under
the
CBA
negotiated by the bargaining union. minimumwagerates.
declared by a competent authority as
Doesnotneedauthorizationfromconcernedmember;
b. Salary Ceiling
Method wherein
the
wage
adjustment was underastateofcalamity.
g) Premiums for SSS, PhilHealth,
employee’s
compensation to be applied to employees receiving a certain
ii) The natural calamities, such as earthquakes,
andPag-IBIG; denominatedsalaryceiling.U sedinRA6727.
lahar flow, typhoons, volcanic eruptions, fire,
h) Withholdingtax; SeeE
mployersConfederationofPHv.NWPC floods and similar occurrences, must have
i) Where EE is indebted to ER that has become due and occurred within 6 months prior to the
a. WageOrder
demandable(Art1706CC); effectivity of the Order. However, if based
1) See2020DOLEHandbookonWorkers’Statutory on the assessment by
a competent authority,
j) Pursuant to a court judgment where wages may be the
MonetaryBenefits. the damage to properties is at least 50%
subject of attachment or execution but only for debts
2) In Pag-asa
Steel
Works v.
CA, there is
no
right
to
a wage and the period of recovery will exceed 1
incurredfor
increase from a wage order if the employees have been year, the 6-month period may be extended to
i) food, 1
year. (As amended by NWPC Resolution No
receivingsalariesabovetheminimumwage.
ii) clothing, 01-14)
3) Exemptions from Wage Orders as provided in NWPC
iii) shelterand Guidelines
02-07, aab NWPC Resolution No. 1, S. 2014. iii) Losses suffered by the establishment as a
CategoriesofExemptibleEstablishments: result of the calamity that exceed the
iv) medicalattendance;
insurance coverage should amount to 20% or
k) Orderedbythecourt. a) Distressedestablishments;
moreofthestockholders'equity.
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4) ExemptionsUndertheLaborCode the
employer’s
receipt
of
the NIR, issue a compliance
order.
a) Farmtenancyorleasehold;
b) Complaint inspection — RD shall call for a summary
b) Domestic service — already covered in Domestic
investigation and after
due
notice
and
hearing issue
a
WorkersActorBatasKasambahay,RA10361; complianceorder.
c) Persons working
in
their
respective
homes
in
needle Employer shall pay the amount due each worker
work; within
10
days
from
receipt of such order and submit
d) Persons working in any cottage industry duly proofofcompliance.
registeredinaccordancewiththelaw. Upon finality of the compliance order, the RD shall
5) ExemptionsUnderSpecialLaws cause the issuance of a writ of execution for its
a) RA 9178. Barangay Micro Business Enterprises enforcement.
Act of 2002. BMBEs refer to any business entity or b. WageDistortion
enterprise engaged in the production, processing or
1) A situation where an increase in prescribed wage rates
manufacturing of products or
commodities, including
results in the elimination or severe contraction of
agro-processing, trading and services, whose total
intentional quantitative
differences in
wage or
salary rates
assets including those arising from loans but exclusive
between and among
employee groups in
an
establishment
of the land on which the particular business entity's
as to effectively obliterate the distinctions embodied in
office, plant and equipment are
situated,
shall
not
be
such wage structure based on skills, length of
service,
or
morethanThreeMillionPesos.
otherlogicalbasesofdifferentiation.( Art124LC)
b) RA10644.Go-NegosyoAct.
6) Violation of Wage Order. — Double Indemnity and
ImprisonmentunderRA6727.
a) FineofP25K-100K;OR
b) Non-probationable Imprisonment of 2-4 Years;
(Filed
withtheMTC);OR
2) Elements
c) Both,atthediscretionofthecourt.
a) An existing hierarchy of positions with
d) Double indemnity — paying double the unpaid correspondingsalaryrates;
benefits/amounts owing
the
employees, provided that
b) A
significant
change
in the
salary rate of a lower pay
such payment does not absolve employer from
class w/o
concomitant increase in
the
salary rate
of a
criminal liability imposable under LC. See also
higherone;
PhilippineHoteliersv.NUWHRAIN-APL-IUF.
c) Elimination of the distinction between the two
7) Twotypesofinspection:
levels;
a) Routine inspection — where the violation
has
been
d) Existenceofthedistortioninthes ameregion.
established after due notice and hearing where
appropriate,
the
RD
shall,
after
7 calendar days from PrubankersAssociationv.PrudentialBank
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Wage distortion presupposes an
increase in the
compensation of the 5) In Bankard Employees Union v. NLRC, the unilateral 2) Theseven-dayparentalleaveshallbenon-cumulative.
lower ranks
in
an
office
hierarchy without a corresponding raise
for adoption by an employer of
an
upgraded salary
scale
that 3) In the event that the parental leave is not availed of,
higher-tiered employees in the
same region of
the
country,
resulting increased the hiring rates of new employees without said leave shall not be convertible to cash unless
in the elimination or the severe diminution of the distinction increasing the salary rates of old employees DOES NOT
betweenthetwogroups. specificallyagreeduponpreviously.
RESULT in wage distortion within the contemplation of
Such distortion does not
arise when a wage order gives employees in Article 124 of the Labor Code, as the increase in the b. Expanded maternity leave. — See 105-Day
one branch of a bank higher compensation than that given to their wages and salaries of the newly-hired was not due to a ExpandedMaternityLeaveLaw
counterparts in
other regions occupying the
same pay scale, who are prescribedlaworwageorder. 1) Increasedmaternityleavewithfullpay;
not
covered by said
wage order. In short, the implementation of wage
orders in one region but not
in
others does not
in
itself
necessarily C. Leaves a) 105daysfornaturalorcesareandelivery;
resultinwagedistortion. b) 60 days for miscarriage or emergency
1. LaborCode
3) WageDistortionResolution terminationofpregnancy.
a. Service incentive leave. — Every employee who has
2) Option to extend maternity leave for additional
rendered at least one (1) year of service is entitled to
thirty(30)dayswithoutpay;
Service Incentive Leave (SIL) of five (5) days with
pay. Notify ER at least 45 days before end of maternity
leavetoavailofextension.
The phrase
“one year
of
service” of the
employee means
service within twelve
(12) months, whether continuous 3) Additional fifteen (15) days with full pay for solo
or broken, reckoned from the date the employee
started parents;
working. The period includes authorized absences, 4) Combinationsofprenatalandpostnatalleave;
unworkedweeklyrestdays,andpaidregularholidays.
Compulsorypostnatalatleast60days.
Tanv.Lagrama
5) Maternityleaver egardlessoffrequency;
If a piece worker is supervised, there is an employer-employee
6) Allocationofmaternityleavecredits;
relationship. However, such an
employee is not
entitled
to service
incentive leave pay
since, as pointed out in Makati Haberdashery v. a) allocate up to seven (7) days of said benefits to
NLRC and Mark Roche International v. NLRC, he is paid a fixed the child's father, whether or not the same is
amount for work done, regardless of the time he spent in marriedtothefemaleworker.
accomplishingsuchwork. b) alternate caregiver who may be a relative within
the fourth degree of consanguinity
or
the
current
2. Speciallaws
partner of the female worker sharing the same
a. Parental leave for solo parents. — See RA 8972. household.
4) Possiblecauses SoloParentWelfareActanditsI RR. c) In
the
event the
beneficiary female worker dies or
a) GovernmentdecreedincreasethroughWOs; 1) In addition to leave privileges under existing laws, is permanently incapacitated, the balance of her
b) Mergerofestablishments; parental leave of not more than seven (7) working maternity leave benefits
shall
accrue
to
the father
days every year shall be granted to any solo parent ofthechildortoaqualifiedcaregiver.
c) Increasegrantedbyemployers;
employee who has rendered service of at least one (1) 7) Maternityleavea
fterterminationofservice;
d) PassageofRA6727. year.
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a) occurs not more than fifteen (15) calendar 2) In the event that an extended leave is necessary, the in the employment if the employer or head of office is
days after the termination of an employee's female employee may use her earned leave credits; informed of
such
acts
by
the
offended
party
and no immediate
service,asherrighttheretohasalreadyaccrued. and actionistaken.
b) such period is not applicable when the 3) This special leave shall be non-cumulative and non- 3. Applicablelaws
employment of the pregnant woman worker has convertibletocash. a. Sexual Harassment Act. — Sexual harassment is
beenterminatedwithoutjustcause. e. Battered woman leave. — See RA 9262 or the committedwhen:
8) Voluntary working arrangement during the maternity Anti-VAWC Law. The qualified victim-employee shall be 1) Thesexualfavorismadeasacondition
leaveperiod. entitled to a leave of up to ten (10) days with full pay, a) in the hiring or in the employment,
c. Paternity leave. — RA 8187. Is granted to all married consisting of basic salary and mandatory allowances fixed re-employment or continued
employment
of
said
male employees in the private sector, regardless of their byRTWPB. individual,or
employmentstatus. Requirement. — To be entitled to the leave benefit, the b) in granting said individual favorable
Government employees are also entitled to the paternity only requirement
is
for
the
victim-employee to
present to compensation, terms of conditions, promotions,
leavebenefit. heremployeracertificationfromthe orprivileges;or
Entitled to full pay, consisting of basic salary, for the 7 1) barangaychairmanor therefusaltograntthesexualfavorresults
days of paternity leave, for up to the first four (4) 2) barangaycounciloror c) in limiting, segregating or classifying the
deliveries.
3) prosecutoror employee which in any way
would
discriminate,
1) Amarriedmaleemployee; deprive or diminish employment opportunities or
4) theClerkofCourt,asthecasemaybe,
2) Cohabitingwithspouse; otherwiseadverselyaffectsaidemployee;
3) HasappliedforPL; thatanactionrelativetothematterisp
ending.
2) The above
acts
would
impair the employee's rights
4) Legitimatespousegavebirthorhadamiscarriage. D. Sexualharassmentintheworkenvironment orprivilegesunderexistinglaborlaws;or
In the event that the paternity leave is not availed of, it 3) The above acts would result in an intimidating,
1. Definition. — Under the Anti-Sexual Harassment Act of 1995, it
shall not be convertible to cash and shall not be hostile,oroffensiveenvironmentfortheemployee.
is committed by an employer, employee, manager, supervisor,
cumulative.
agent of the employer, xxx, or any other person who,
having b. Safe Spaces Act. — The
crime
of
gender-based
sexual
d. Gynecological leave. — Any female employee in the authority, influence or moral ascendancy over another in a harassmentintheworkplaceincludesthefollowing:
public and private sector regardless of age
and civil status work environment, demands, requests or otherwise requires
1) Anactorseriesofactsinvolving
shall be entitled to a special leave of two (2) months any sexual favor from the other, regardless of whether the
with full pay based on her gross monthly compensation demand, request or
requirement for
submission is accepted by a) any unwelcome sexual advances, requests or
subject to existing laws, rules and regulations due to theobjectofsaidact. demandforsexualfavorsor
surgery caused by gynecological disorders under such 2. Duties and liabilities of employers. — Employers or other b) any act of sexual nature, whether done verbally,
termsandconditions: persons of authority, influence or moral ascendancy in a physicallyorthroughtheuseoftechnology,
1) She has rendered at least six (6) months continuous workplace shall have the duty
to
prevent,
deter,
or
punish the that has or could have a detrimental effect on the
aggregate employment service for the
last
twelve (12) performance of acts of
gender-based sexual
harassment in
the conditions of an individual's employment or
monthspriortosurgery; workplace. education,jobperformanceoropportunities;
The
employer
or
head
of
office be solidarily liable for
shall 2) A
conduct of sexual nature and other conduct-based on
damages
arising
from
the acts of sexual harassment committed sex affecting the dignity of a person, which is
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unwelcome, unreasonable, and offensive to t he d) Compulsoryapprenticeship six (6) months; thereafter, he shall be paid the full
recipient, whether done verbally, physically o
r minimum wage, including the full cost of living
throughtheuseoftechnology; i) When grave national emergencies,
allowance.
particularly those involving the security of
3) A conduct that is unwelcome and pervasive and j) Hours
of work. — An apprentice not otherwise barred
the state, arise or particular requirements
of
creates an intimidating, hostile or humiliating by law from working eight hours a day may be
economicdevelopmentsodemand.
environmentfortherecipient. requested by
his
employer
to
work
overtime and paid
ii) Where services of foreign technicians are
This may also be committed between peers and those accordingly,p rovided
committed to a superior officer by a subordinate, or to a utilized by private companies in
i) there are no available regular workers to do
teacherbyastudent,ortoatrainerbyatrainee. apprenticeabletrades.
thejob,and
e) Qualified Employers. — Only employers in highly
E. Workingconditionsforspecialgroupsof ii) the overtime work thus rendered is duly
technical industries may employ apprentices and
employees only in apprenticeable occupations approved by the creditedtowardhistrainingtime.
1. Apprenticesandlearners SOLE. k) Learners are persons hired as trainees in
a) Apprenticeship means any training on the job f) Deductibility of Training Costs. — An additional semi-skilled and other industrial occupations which
supplemented by related theoretical instructions deduction from taxable income of one-half (1/2) of are non-apprenticeable and which may be learned
involvingapprenticeableoccupationsandtrades. the value of labor training expenses incurred for through practical training on the job in a relatively
developing the productivity and efficiency of short period of time which shall not exceed three
b) Coverage.—
apprentices.P rovided (3)months.
i) Any enterprise duly registered with TESDA
i) such program is duly recognized by the l) Learnersmaybeemployed
with 10 or more regular workers. The
DOLE; i) whennoexperiencedworkersareavailable,
number of apprentices shall not be more
than20%ofitstotalregularworkforce. ii) such
deduction
shall
not
exceed ten (10%) ii) the employment of learners is necessary to
percentofdirectlaborwage:and prevent curtailment of employment
ii) Any unemployed person 15 years old and
abovemayapply. iii) apprenticesarepaidthem
inimumwage. opportunities,and
c) Qualifications. — To qualify as apprentice, an g) Apprentices without Compensation. — The SOLE iii) the employment does not create unfair
applicantshall: may authorize the hiring of apprentices without competition in
terms
of
labor costs or impair
compensationwhosetrainingonthejobis orlowerworkingstandards.
i) Beatleastfifteeny
earsofage;
i) required by the school or training program m) The wages or salary
rates
of
the
learners
which
shall
provided those who are at least
fifteen
years
curriculumor beginatnotlessthan75%oftheapplicableMW.
of age but less than
eighteen
may
be
eligible
for apprenticeship only in non-hazardous ii) as requisite for graduation or board Learner Apprentice
occupations; examination.
Learnableoccupations Anytrade,formof
ii) Bephysicallyfit; h) Apprenticeship period. — The period of consistingof employmentor
Occupation
apprenticeshipshalln
otexceedsix(6)months. semi-skilledandother occupationapprovedfor
iii) Possessvocationalaptitudeandcapacity;and
industrialoccupations apprenticeshipbySOLE
i) Wages. — The
wage
rate
of
the
apprentice
shall
start
iv) Possess
the
ability to comprehend and follow
at
75% of the statutory minimum wage for the first Theoretical Notrequired Required
oralandwritteninstructions.
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i. Private entities that employ disabled persons who employed by him for the purpose of preventing her
instruction
meet the required skills or qualifications, either as fromenjoyinganyofthebenefits;
Competency- regular employee, apprentice or learner, shall be 2) To discharge such woman on account of her
basedsystem
✔ ✘
entitled to
an
additional deduction, from their gross pregnancy,
or
while
on
leave
or
in
confinement due to
income, equivalent to twenty-five percent herpregnancy;
Duration Notexceeding3months 3-6months
(25%) of the total amount paid as salaries and 3) To discharge or refuse the
admission of
such
woman
20%oftotalregular wagestodisabledpersons. upon returning
to her
work for fear that she may again
Limitation NONE
workforce bepregnant.
ii. Private entities that
improve
or
modify
their
physical
Optionto ERObligedtohire facilities in order to provide reasonable d. Facilities for women. — In appropriate cases, the SOLE
Optional accommodation for disabled persons shall also be
employ learner shall,byregulations,requireanyemployerto:
entitled to an additional deduction from their net
1) Provide seats proper for women and
permit
them
to
Dispute taxable income, equivalent to fifty percent
LaborArbiter DOLERegionalDirector usesuchseatswhentheyarefreefromwork;
Resolution
(50%) of the direct costs of the improvements or
2) To establish separate toilet
rooms
and
lavatories
for
2. Disabledworkers modifications.
men and
women
and
provide
at
least
a dressing room
see
also
RA
7277
or the Magna Carta for Disabled Persons, as 3. Gender forwomen;
amended a. Discrimination. — The following are acts of 3) To establish
a nursery
in
a workplace
for
the
benefit
Handicappedworkersm
aybeemployed discrimination: ofthewomenemployeestherein;and
1) when their employment is necessary to prevent 1) Payment of a lesser compensation to a female
4) To determine appropriate minimum age and other
curtailmentofemploymentopportunitiesa nd employee as against a male employee, for work of
standards for retirement or termination in special
equalvalue;and
2) when
it
does
not create unfair competition in labor occupations such as
those
of
flight
attendants and
the
costsorimpairorlowerworkingstandards. 2) Favoring a male employee over a female employee like.
with respect to promotion, training opportunities,
a. Equal opportunity. — No disabled persons shall be e. Women working in nightclubs. — Any woman who is
study and scholarship grants solely on account of
denied
access to
opportunities for suitable employment. A permitted or suffered to work, with or without
theirsexes.
qualified disabled employee shall be subject to the
same compensation, in
any night
club,
cocktail lounge, massage
terms and conditions of employment and the same b. Stipulation against marriage. — It
shall be unlawful for clinic, bar or similar establishments under the effective
compensation, privileges, benefits, fringe benefits, an employer to require as a condition of employment or control or supervision of the employer for a substantial
incentivesorallowancesasaqualifiedable-bodiedperson. continuation of
employment that a woman employee shall period of
time, shall be considered as an employee of such
not get married, or to stipulate expressly or tacitly that establishmentforpurposesoflaborandsociallegislation.
b. Discrimination on employment. — No entity, whether
upon getting
married, a woman employee shall be deemed
public or private, shall discriminate against a qualified 4. Minors
resigned or separated, or to actually dismiss, discharge,
disabled person by reason of disability in regard to job
discriminate or otherwise prejudice a woman employee 1) See RA No. 9231, amending RA
7610; DO No. 65-04,
S.
application procedures, the hiring, promotion, or discharge
merelybyreasonofhermarriage. 2004 on Worst Forms of Child Labor; and DOLE Dept.
of employees, employee compensation, job training, and
otherterms,conditions,andprivilegesofemployment. c. Prohibited acts. — It shall be unlawful for any Circular No. 2,
S.
2017
on
Guidelines on
the
Issuance of
employer: Work Permit for Children Below 5 Years Old Engaged in
c. Incentivesforemployers.—
PublicEntertainmentorInformation.
1) To deny any woman employee the benefits provided
for in this Chapter or to discharge any woman
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2) When a child is 15 and above, but below 18 years of i. Right to be provided a copy of the employment a) Parentalleaveofnotmorethan7
dayseveryyear.
age
— Hours of Work. up to 8H/D, 40H/W; 6am to 10pm contract; b) Flexibleworkschedule;
only. j. Righttocertificateofemployment;and c) Protectionfromworkdiscrimination
GR: Maybeemployed; k. Right to exercise their own religious beliefs and 4) Whoareconsideredsoloparents?
EX: I n an undertaking which is deleterious or culturalpractices.
a) Womanwhogivesbirthresultingfromrape;
hazardousinnature.
6. Homeworkers
3) When below 15 years of age — Hours of Work. up to b) Spousedied;
1) SeeDONo.5,S.1992onIndustrialHomeworkers.
4H/D,20H/W;6amto8pmonly. c) Spousedetainedforatleast1year;
2) “Industrial Homework” is
a system
of
production under
GR: ShallNOTbeemployed; d) Spouse is physically or mentally incapacitated as
which work for an employer or contractor is carried out by
EX: Whenachildworks certifiedbyapublicmedicalpractitioner;
a
homework at his/her home. Materials may or may not be
a. Directly under the sole responsibility of his furnished by the employer or contractor. It differs from e) Legallyordefactoseparatedforatleastoneyear;
parents/legal guardian and where only regular factory production principally in that, it is a f) Marriageannulled;
membersofhisfamilyareemployed. decentralized form of
production where there is ordinarily
g) Abandonedbyspouseforatleastoneyear;
verylittlesupervisionorregulationofmethodsofwork.
b. Or participates in public entertainment or h) Unmarriedparent;
information. A work permit shall be secured 3) Exemption from minimum Wage if engaged in
needlework. The title on Wages shall not apply to farm i) Any other person who solely provides for parental
fromDOLEinbothinstances.
tenancy or leasehold, domestic service and persons care;
5. Kasambahays working in their respective homes in needle work or in any j) Any family member who assumes role as head of
1) See Domestic Workers Act
or
Batas
Kasambahay
and
its cottageindustrydulyregistered. family.
IRR. 4) Nohomeworkshallbeperformedonthefollowing: 8. Nightworkers
2) The rights and privileges of the Kasambahay are as a) explosives, fireworks and articles of like 1) seeIRRDOLEDONo.119-12s.2012.
follows: character;
a. Minimumwage; 2) Coverage and Exclusion. — Shall apply to all persons,
b) drugsandpoisons;and
who shall
be
employed or permitted or suffered to work at
b. Other mandatory benefits, such as the daily and c) other articles, the processing of which requires night, except those employed in
agriculture, stock
raising,
weekly rest
periods,
service
incentive
leave, and
13th exposuretotoxicsubstances. fishing, maritime transport and inland navigation, during
monthpay; a period of not less than seven (7) consecutive hours,
7. Soloparents
c. CoverageundertheSSS,PhilHealthandPag-IBIGlaws; including the interval from midnight to
five
o'clock in
the
1) SeeRA8972ortheSoloParentWelfareActanditsI RR. morning.
d. Board,lodgingandmedicalattendance;
2) Solo
parent,
or
other
person who solely
provides
parental 3) Right to
Health Assessment. — At their request, workers
e. Righttoprivacy;
careandsupporttoachildorchildren. shall have the right to undergo a health assessment
f. Accesstooutsidecommunication;
a) Hasrenderedserviceforatleast1
year; without charge and to
receive
advice
on how
to
reduce
or
g. Accesstoeducationandtraining; avoidhealthproblemsassociatedwiththeirwork.
b) Notifiedemployer;
h. Righttoform,join,orassistlabororganization; 4) Right to Mandatory Facilities. — Mandatory facilities
c) PresentedaSoloParentID.
shall
be made available for workers performing night work
3) Benefitsinclude whichincludethefollowing:
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a) Suitablefirst-aidandemergencyfacilities; 2) In Sameer Overseas Placement v. Cabiles 4
, the Court
a. fitforrepatriation;or
b) Lactationstationinrequiredcompanies; declares, “Employees are not stripped of
their security of
tenure when
they move to
work
in
a different jurisdiction. b. fit to work but the employer is unable to find
c) Separatetoiletfacilitiesformenandwomen; employmentfortheseafarerdespiteefforts.
With respect to the rights of OFWs, we follow the principle
d) Facilityforeatingwithpotabledrinkingwater;and oflexlocicontractus.” 6. In case of permanent total or partial disability, the
e) Facilities for transportation and/or properly ventilated 3) DisabilityBenefitsforInjuryorIllness. seafarer shall be compensated by the rates and rules
temporary sleeping or resting
quarters,
except
where applicableatthetimeillnessorinjurywascontracted.
MaunladTrans.Inc.v.Camoral2
015
anyofthefollowingcircumstancesispresent:
4) Permanent/TotalDisability.
i) Where
there
is an existing agreement between Section 20 of POEA-SEC, which is deemed written into the
seafarer’s contract, provides for the minimum requirements before MaerskFilipinasCrewing,Inc.v.Mesina2013
management and workers providing for an
equivalentorsuperiorbenefit;or deployment of Filipino seafarers. The two elements
required
for
an
Permanent disability
is
the inability
of a worker to perform his job
injurytobecompensableare:
ii) Where the
start
or
end
of the night work does for more than 120
days, regardless of
whether or
not
he
loses
the
not
fall
within 12
midnight to 5 o'clock in the a) Theinjuryorillnessiswork-related,and useofanypartofhisbody.
morning;or b) Itoccurredd
uringthetermofthecontract. Total disability, on the other hand, means the disablement of an
iii) Where the workplace is located in an area that PertinentportionsofSection20reads: employee to earn wages in the same
kind
of work
of
similar nature
is
accessible
twenty four (24) hours to public that he was trained for, or accustomed to perform, or any kind of
1. Seafarer is entitled to sickness allowance = basic wage,
transportation; work which a person of his mentality and attainments could do.
It
until he is declared fit
to
work,
or
the
degree
of
permanent
iv) Where the number of employees d
oes not does not require complete disability or total paralysis. It is
disability has been assessed by the company-designated
exceed a specified number as m ay be consideredpermanentifitlastsc ontinuouslyformorethan120days.
physicianbutinnocaseshallexceed120days.
providedforbytheSOLE.
2. He shall submit himself to a post employment medical exam 5) POEA-SEC,LaborCode,andARECHarmonized
5) Right to Transfer. — Night workers who are certified
by by
a company-designated physician within
3 working days Vergarav.HammoniaMaritimeServices,Inc.etal.
competent physician, as
unfit
to
render night work, due to uponhisreturn,
health reasons, shall
be transferred to
a job for which they a. The
120 days provided in Sec 20-B(3) of the POEA-SEC is the
except when he is physically incapacitated, a written
arefittoworkwheneverpracticable. period given to
the
employer to determine the
fitness of the
notice
to
the
agency is
deemed as compliance. Failure to do
6) Women Night Workers. — Measures shall be taken to someanswaiverofsuchbenefits. seafarer to
work, during
which the
latter
is
deemed to
be in
ensure that an alternative to night work is available to stateoftotalandtemporarydisability;
3. If a doctor appointed
by him disagrees with
the
findings
of
women workers who would otherwise be called upon to b. The 120 days of total and temporary disability may be
the company doctor, a third doctor may be agreed jointly by
performsuchwork. extended by a maximum of 120 days,
or
up
to
240
days,
both, and his decision shall be final and binding to
both
7) Criminal liability of Employer. — Any violation of
this parties. shouldtheseafarerrequirefurthertreatment;
Rule shall be punishable with a fine of 30K - 50K or c. Atotalandtemporarydisabilityb
ecomespermanent
4. Those illnesses not listed in Section 32 are presumed as
imprisonment of
not
less than six (6) months or both, at
work-related. i) when so declared by the company-designated
thediscretionofthecourt.
5. The employer shall bear cost for repatriation in the event physician within 120
days or 240 days (Art 192[c]
9. Migrantworkers seafareris LC),asthecasemaybe,or
1) Protection of
OFWs;
Lex
Loci
Contractus.
Does
the Labor ii) upon the expiration of the said periods without
CodeandtheIRRscoveraFilipinoworkingabroad? declaration of either fitness to work
or
permanent
4
GRNo170139,August5,2014
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disability and
the
seafarer
is
still
unable to resume The phrase “death of seafarer during the term of his contract” in b) An investigation or hearing shall be conducted
his regular seafaring duties (Sec 2[b], Rule VII Section 20(A)(1) of the 1996 POEA-SEC should not be strictly and that must be duly documented and entered into
AREC; Kestrel Shipping Co., Inc. v. Munar 2013, literally construed to mean that the seafarer’s death should have theship’slogbook.
Alpha Ship Management Corporation v. Calo occurred during
the
term of
his
employment; it
is
enough that
the c) Should a penalty be justified, the Master shall
2013). work-related injury or illness which eventually caused his issue a written notice of penalty
and
its
reason
deathoccurredduringthetermofhisemployment. totheseafarer.
6) NeedforDefiniteAssessmentwithin120/240days.
9) Seafarer’s Protection; RA No 10706 or the Seafarers d) Dismissal without
notice
may
be
justified if there
BelchemPhilippines,Inc.v.Zafra2015
Protection Act declares ambulance chasing a criminal is clear and existing danger to the ship and
Failure to do so and the seafarer’s condition remain unresolved, offense.E
lementsare: crew.
thelattershallbedeemedtotallyandpermanentlydisabled. a) A person or his agent solicits from a seafarer
or Maersk-FilipinasCrewing,etal.v.Avestruz2015
his heirs, the pursuit of a claim against the
7) Third-doctorReferral A chief
cook and the
vessel’s
captain
had
a heated
argument. On
the
employeroftheseafarer;
same day, the cook was dismissed
from service. Two days
later,
he
Carcedov.MaineMarinePhilippines,Inc.2015 b) Such claim is for the purpose of recovery of disembarkedtoreturntothePH.
monetary award or benefits arising from accident,
The cook
was
not
afforded
procedural
due
process for not observing
illnessordeath,includinginterest;and
thetwonoticerule.
c) The pursuit is in exchange of an amount or fee
which shall be retained or deducted from the 13) Employment-at-will (EAW) may be valid in Overseas
awardedorgrantedbenefit. Employment. EAW is
a contract
of
employment that
may
10) Invalid Side Agreement. An agreement that diminishes be terminated with or without cause. This is binding if
the employee’s pay and benefits is VOID, unless such freely and expressly stipulated in writing between the
subsequent agreement is approved by the POEA. (Chavez v. foreign employer and the OFW. Termination should be in
Bonto-Perez,Rayala,etal) goodfaith.(GBMLTManpowerServicesv.Malinao2015)
Despite the
binding
effect of the third doctor's assessment, 14) EAW NOT valid in Local Employment. In local
11) Period to File OFW Claims. Art 291 of the Labor Code
a dissatisfied
party
may institute a complaint
with the
LA employment, the governing law
is
the
security of
tenure
tocontestthesameonthegroundof provides 3 years from the date of the seafarer’s return
for
principle inscribed in the Constitution and in the Labor
tothepointofhire.
a) evidentpartiality, Code. One’s job is property and no employee can be
12) Sec 17 of POEA-SEC. Disciplinary procedures. The dismissedwithoutvalidcauseallowedbylaw.
b) corruptionofthethirddoctor,
following shall be complied by the Master against an
c) fraud,otherunduemeans, 15) Pre-termination of Employment; Relief. Sec 10 RA No
erringseafarer:
8042entitledtheemployeeto:
d) lackofbasistosupporttheassessment,or a) There shall be a written notice containing the
a) Full reimbursement of his placement fee with
e) being contrary to law or settled jurisprudence. following:
12%interestperannum;
(Sunitv.OSMMaritimeServices2 017) i) Groundsforthecharges;
b) His salaries for the unexpired portion of his
8) Seafarer’sDeathBenefit:DeathNeedNotHave ii) Date, time and place
for
a formal employmentcontractxxxx.
OccurredDuringTermofEmployment investigation.
C.F.SharpCrewManagement,Inc.v.HeirsofRepiso2016
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16) Termination of
employment of
Seafarers. In
a nutshell, period. 2) see DOLE Labor Advisory No. 15, S. 2019 dated
three (3) requirements are necessary for the complete NO. The joint and several liability of the principal/employer, December 27, 2019, Clarificatory
Guidelines
on
DOLE
DO
terminationoftheemploymentcontract5: recruitment/placement agency, and the corporate officers of the latter, No.150,S.2016;
a) Duetoexpirationorotherreasons/causes; for the money claims and damages of an OFW is absolute and
3) RA5487(PrivateSecurityAgencyLaw)
without qualification. TheOFW is given the right to seek recourse
b) Signingofffromthevessel;and against the only link in the country to the foreign principal/employer, 4) see also DOLE Labor Advisory No. 01, S. 2014 for
c) Arrivalatthepointofhire. i.e., the recruitment/placement agency and its corporate Contracting Arrangement Time & Interval of Payment of
officers.
17) Domestic seafarer. Under Art 295, seafarers in Wages.
ocean-going vessels are contractual employees. Domestic AugustinInternationalCenterv.Bartolome2 019
SummaryofMinimumLaborStandardsBenefits
seafarers, on the other hand, are entitled to
WONtheL Ahadjurisdictionoverthecomplaint.
security-of-tenure, as reiterated in DO No 231, June 7, Benefit Howtoavail Exception Notes
YES. Section 10 of RA 8042, as amended by RA 10022, explicitly
2013,andcanbecomeregularemployees.
provides that LAs have original and exclusive jurisdiction over OvertimePay
Dagasdasv.GrandPlacement&GeneralServicesCorp2 017 claims arising out of employer-employee relations or by virtue of
any law or contract involving Filipino workers for overseas OTPayr efersto
In this case, prior to his deployment and while still in the ■ 125%ofBHR
deployment,asinthiscase. additional
Philippines, Dagasdas was made to sign a POEA-approved contract onORDINARY
WONAICIisliableforrespondents'illegaldismissal. Overtime Employees compensation
with GPGS, on
behalf of
ITM;
and, upon arrival
in
Saudi
Arabia, ITM days;
Work- Work not forwork
made him sign a new employment contract. Nonetheless, this new YES. Section 10 of RA 8042 expressly provides that a recruitment ■ 130%ofBHR
renderedafter covered performed
contract,whichwasusedasbasisfordismissingDagasdas,isv oid. agency is solidarily liable with the foreign employer for money onRestDays,
thenormal8 underArt beyondthe8
First, Dagasdas' new contract is in clear violation of his right to claims arising out of the employee-employer relationship Specialand
hoursofwork. 82 normalhours
security of
tenure. To
allow employers to reserve a right to terminate betweenthelatterandtheOFW. Regular
ofworkonany
employees without
cause
is
violative
of
this
guarantee
of security of Holidays
Aldovinoetal.v.Gold&GreenManpowerManagement& givenday.
tenure.
DevelopmentServices2 019Leonen,J PremiumPay
Second, the new contract was not shown to have been processed
throughthePOEA. The clause "or for three (3)
months
for
every
year of
the
unexpired
term, whichever is less" as reinstated in Section 7 of Republic Act No. Premiumpay
Third, under this new contract, Dagasdas was not afforded ■ 130%of
10022 is unconstitutional, and has no force and effect of law. It refersto
procedural due process when
he
was
dismissed
from
work. He
was regularpayfor
violates due process as it deprives overseas workers of their additional
simplygivenanoticeoftermination. workdone Art82+
monetaryclaimswithoutanydiscerniblevalidpurpose. compensation
duringspecial thoseof
Lastly, while
it
is
shown
that
Dagasdas
executed a waiver in favor of Workingona requiredbylaw
We reiterate
our ruling in Sameer Overseas Placement v. Cabiles6 that holidayorrest retailand
hisemployer,thesamedoesnotprecludehimfromfilingthissuit. specialholiday forwork
the reinstated clause in Section
7 of
Republic
Act
No.
10022 has no day; service
All
told,
the
dismissal of
Dagasdas was
without
any
valid cause and orascheduled performed
forceandeffectoflaw.I tisunconstitutional. ■ 150%of withless
due process of law. Hence, the NLRC properly ruled that Dagasdas restday. withinthe8
regularpayfor than10
wasillegallydismissed. normalhours
10. Securityguards workdoneona EEs
ofworkon
restdayfalling
PrincessTalentCenterProductionIncv.Masagca2
018 1) see DOLE DO No. 150-16, S. 2016 (Revised Guidelines non-working
onaholiday.
days.
WON only SAENCO should be answerable for respondent's illegal Governing the Employment and Working Conditions of
dismissal because petitioners were not privy to the extension of Security Guards and other Private Security Personnel in the ServiceIncentiveLeave
respondent's Employment Contract beyond the original six-month PrivateSecurityIndustry);
■ Fivedays Rendereda
t Art82+ Commutableto
5 6
A
poShipManagementCo.v.Casenas2
014 2014E
nBancLeonen,J
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leavewithpay least1year already cashifnotused. SummaryofSpecialBenefits (30)dayswithout uninterrupted pay.
service; enjoying pay manner,not
benefit;VL Beneficiaries, exceedingone Adoptiveparents,ifthe
Parttime withpayof Provision Howtoavail Exemptionsand hundredfive(105) adopteeisb elow7years
workersmay atleast5 Exclusions days oldasofdateheisplaced
benefit. days;l ess inPre-Adoptive
than10 13thmonthpay[ PD851asamended] PlacementAuthority
EEs
Equivalentto Workedforatleast 1. Rank-and-file RetirementPay
HolidayPay 1/12ofthetotal 1monthduringa employees;
basicsalary calendaryear 2. Domestichelpers; 1. Allemployeesin
Jan1,Maundy earnedwithina 3. Piece-rateemployees; privatesector;
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