Discuss in re: Joaquin Borromeo
Fact: Files 50 cases
Issue: does not pay his dues
Held: guilty and 10 days imprisonment with 1k fine
● Did not respect the hierarchy of courts
Discuss Department of Education Culture
and Sports
Fact: private respondent took the NMAT 5 times;
failing
Issue: lower court dismissed the case since it is the
academic freedom of the private respondent to take
the NMAT as much as he can
Held: Reversed decision because 3 times lang
talaga yung NMAT to avoid mediocrity in the
medical field
What is the law as defined by St. Thomas
Aquinas?
According to St. Thomas Aquinas, law is “an
ordinance of reason promulgated by competent
authority for the sake of COMMON GOOD.”
Law is where someone in authority drives
people to a common good
Eternal Law - God’s plan which He Himself
only knows of. This is considered as a law
since He is someone with authority and drives
people to a common good.
Divine Law - For example, 10 commandments.
This is God’s law which is revealed to us,
something that we know of
Natural Law - Is the instinct of people to do
good and avoid evil.
Human Law - is driven from the natural law.
These are laws which are enforced for the
common good. When people fear these laws,.
They refrain from unlawful acts.
1. A just law is an ordinance of reason a. a
good law must be reasonable; it must be a
product of careful and
serious deliberation. For ex., the
law against driving under the
influence of alcohol is based on
concrete findings that alcohol
consumption causes loss of
control and coordination.
2. A just law is properly promulgated a. for
a law to be effective, it must be clearly
communicated to all
the people concerned. When a
school or any organization, for
instance, enacts a new sets of
policies, they often provides
students with handbook for them
to know, understand and follow
these policies.
3. A just law must be decreed by competent
authority
a. Only persons with legitimate
authority have the power to
create and implement laws for
their respective communities.
4. A just law ought to be for the sake of
common good
a. First of all, it presupposes the
promotion of and respect for the
dignity and freedom of each
person. Secondly, it should foster
the social well-being and
authentic development of the
community. Lastly, it should
promote true and lasting peace.
b. However, we know that not
everything permitted by law is
considered morally good. An act
is considered legal if it does not
contradict any state law, while an
act is considered morally good if
if it's nature, intention, and
circumstances
Define law (Sanchez Roman).
Law is a rule of conduct, just, obligatory
promulgated by legitimate authority, and of
common observance and benefit.
(a morally right and fair rule of conduct or rules
on how to behave which is enforced by the
authority for the members of the society)
 ● It is a rule of conduct (how to behave) ○
Laws SERVES AS GUIDES to individuals
● Laws must be JUST (Morally right)
○ Fair, consider Social Order
○ JUST, not equal
○ Justice will not be achieved if it is
not stable
○ Should be beneficial to all, not for
individual benefits
● It must be obligatory
○ If laws are not enforced, the
purpose for which they are
intended will not be served justice
○ Should be made for everyone
○ If there is a rule, there is an
exception
○ Exception is only accounted for its
application where a law is not
applied in totality
● Must be prescribed by legitimate authority
○ Authority to make laws is conferred
upon those duly
chosen by the sovereign will of
the people (LEGISLATION)
○ Philippines is
PRESIDENTIAL-REPUBLICAN
○ Bicameral Congress – Senate and
House of Representatives
● Must be Ordained for the common benefit
○ For the welfare of the people
○ Applied to all, for the better of
many
What are the sources of law? (saan
pwedeng manggaling ang isang batas)
1. Legislation (Bicameral Congress)
-since they are the ones who declares the legal
rules
2. Precedent (Previous court decisions serve
as guides for future decisions) - the decisions of
the court with competent jurisdiction shall be
binding upon inferior courts
- Or judicial precedence can also
be a source of laws since the past
decisions can be used as a
reference for future laws or
guidance for future cases
3. Custom (Indigenous cultural community)
- (customary law)
- Which aims to protect the rights of
indigenous communities to their homes
or lands. This also ensures the growth of
their well-being.
- Proved a fact
- Not contrary to law
- Repeated acts
- Rule of social conduct
- Acknowledged by society through
long and uninterrupted usage
- To some extent, customary law also
forms part of the Filipino
legal system. Art XIV, Section 17
of the 1987 Constitution provides
that ‘the State shall recognize,
respect, and protect the rights of
indigenous cultural communities
to preserve and develop their
cultures, traditions and
institutions.
4. Court Decisions (STARE DECISIS – if a
case is decided one way, then it should
be decided similarly in the future)
- Since court decisions should be decided
in uniformity
➢ Are not laws but if it interprets
laws or the Constitution, then it
will become a part of the legal
system of the Philippines.
➢ They are evidence of the meaning
and interpretation of the
a. Certiorari - the higher court can
review the lower court’s decision,
but not the other way around.
- For reasons almost similar to
precedent and court decisions
which is for reviewing purposes
Discuss the hierarchy of laws.
REPUBLIC ACT NO. 386

AN ACT TO ORDAIN AND INSTITUTE THE
CIVIL CODE OF THE PHILIPPINES
Art. 7. Laws are repealed only by subsequent
ones, and their violation or non-observance
shall not be excused by disuses, or custom or
practice to the contrary.
When the courts declare a law to be
inconsistent with the Constitution, the former
shall be void and the latter shall govern.
Administrative or executive acts, orders and
regulations shall be valid only when they are
not contrary to the laws or the Constitution.
An act would be abolished if it is in conflict with
the constitution because the constitution should
first be followed. It would only be valid if is in
accordance to the constitution.
HIERARCHY OF LAWS
The Constitution - Supreme law of the land, it
is the basic paramount law to which all other
law must conform and to which all the persons,
including the highest officials of the land must
defer.
1. Constitution - It was created by the
sovereign people through the ratification
process.
- It serves as the “rule book” and has the
supreme principles in which the state
should be governed.
2. Statues - Created by the Congress.
Including Acts of Congress, Municipal
Charters, Municipal Legislation, Court
Rules, Administrative Rules and Orders, What are the parts of a law? Explain each.
Legislative Rules and Presidential
Issuances.
- Which was enacted by the legislative
branch and includes laws, executive order
and treaties
a. Common Law and Case Law
b. Executive Orders and
Presidential Decrees
c. Treaties and International
Obligations
3. Implementing Rules and Regulations -
Written by the Executive Branch to put
statutes
into force. The executive branch
has the job to enforce or carry out
laws.
- Steps, know-how, appointed
authority, etc.
4. Ordinances (?) - Municipality level
- At the municipal level that was passed by
municipal governments
5. Jurisprudence (cases decided by SC) -
- Cannot make laws but are still part of the
legal system in the Philippines and provides
judicial decisions.
Citing a provision of a higher level of law will
win over a provision of an inferior law. Art 8
of the Civil Code provides that ‘judicial
decisions applying
to or interpreting the laws or the
Constitution shall form a part of the legal
system of the Philippines’. Only
decisions of its Supreme Court establish
jurisprudence and are binding on all
other courts.
● Stare decisis - simply means that
for the sake of certainty, a
conclusion reached in one case
should be applied to those that
follow if the facts are substantially
the same, even though the
parties may be different.
1. Title
➢ which expresses the subject
matter of the law
2. Preamble
 ➢ that part of the statute following
the title and preceding the
enacting clause which states the
reasons or the objectives of the
enactment.
3, Enacting clause - Identifies those
who are acting on the law.
4. Body - that has the proposed law
itself
5. Effectivity clause - tells when the
law should be effective (15 days after
publication from the official Gazette)
3. Words, Phrases, and Sentences
Context
➢ the meaning the law should,
however, be taken from the
general consideration of the act
as a whole and not from any
single part, portion or section or
from isolated words and phrases,
clauses or sentences used
4. Punctuation
➢ It is an aid of low degree in
interpreting the language of a
statute and can never control
against the intelligible meaning of
the written word
5. Headings and Marginal Notes
➢ if the meaning of the statute is
clear or if the text of the statute is
clear they will prevail as against
the headings, especially if the
headings have been prepared by
compilers and not by legislature.
6. Legislative Definition and
Interpretation
➢ if the legislature has defined the
words used in the statute and has
declared the construction to be
placed thereon, such definition or Full text from De Leon and De Leon Jr.
construction should be followed (2014, pp. 47-48)
by the courts
Government of Law and not of men. 1.
Discuss the principle of the rule of law.
(According to Department of Justice)
Everyone is accountable to laws that are
publicly known and equally enforced.
The rule of law is a principle of governance in
which all persons, institutions and entities,
public and private, including the State itself, are
accountable to laws that are publicly
promulgated, equally enforced and
independently adjudicated, and which are
consistent with international human rights
norms and standards. It requires, as well,
measures to ensure adherence to the principles
of supremacy of law, equality before the law,
accountability to the law, fairness in the
application of the law, separation of powers,
participation in decision-making, legal certainty,
avoidance of arbitrariness and procedural and
legal transparency.
A rule of law framework that includes the
following:
● Constitution or its equivalent, as the
highest law of the land;
● A clear and consistent legal framework,
and implementation thereof;
● Strong institutions of justice, governance,
security and human rights that are well
structured, financed, trained and
equipped;
● Transitional justice processes and
mechanisms; and
● A public and civil society that contributes
to strengthening the rule of law and
holding public officials and institutions
accountable.
Concept – By this principle, which is also
known as the rule of law, is meant that no
man in this country – not even the
government – is above or beyond the law.
Every man, however high and mighty this
station may be, possesses no greater rights
than every other man in the eyes of law.
2. Exercise of government powers – A
government of laws, as contrasted with a
government of men, is a limited
government. It has only the powers given
it by the Constitution and laws, and it
may not go beyond the grants and
limitations set forth therein. Its authority
continues only with the consent of the
people in whom sovereignty resides.
(Art. II, Sec. 1.) The principle is intended
to be a safeguard against arbitrary
government.
Where personal whims and uncontrolled
discretion guide the conduct of
government action, what exists is not a
rule of law but a reign of men without law.
All officers of the government, from the
highest to the lowest, are creatures of the
law and are, bound to obey it. A
government that fails to enforce the law,
in effect, fails to govern.
3. Observance of the law – The same is true
of private individuals in the community.
They are also bound to respect the
sovereignty of the law. A person may not
agree with the wisdom and expediency
of the law but it is his duty to follow the
law so long as it remains in the statute
books. He cannot
take the law into his own hands by
resorting to violence or physical force to
enforce his rights or achieve his ends
without being civilly and criminally held
liable for his actions.
The principle thus protects most
especially the liberties of the weak and
underprivileged.
4. Significance of the principle – It is basic
that laws must be obeyed by all and
applied to everyone – rich or poor, lowly
or powerful – without fear or favor. The
observance of the supremacy of the rule
of law by officials, individuals, and the
people as a whole forms the bedrock of
our system of justice. It is what will
sustain our democracy and assure the
existence of a truly free, orderly, and
equitable society. (see Preamble.)
Every citizen has thus a stake in the rule
of law as contrasted to the “rule of men.”
Without it, there is only anarchy or a
mere semblance of order under a
dictatorship.
What are the three inherent powers of the
State?
- As being inherent, it means that as long as
the state exists, this power can never be
taken away.
1. POLICE POWER
2. EMINENT DOMAIN
3. TAXATION
What is police power?
Power of restraining and regulating liberty and
use of property for the promotion of general
welfare. (Law of Overriding Necessity.)
The power to promote the general welfare of
the society. They also enact ordinances that are
necessary for (in the case of the white light
corporation) the sanitation and safety.
This is the power vested in the Legislature by
the Constitution to make, ordain, and establish
all manner of wholesome and reasonable laws,
statutes, and ordinances, either with penalties
or without, not repugnant to the Constitution, for
the good and welfare of the State and its
subjects.
Basis: This power is based on the legal maxim
“salus populi est suprema lex” (the voice of the
people is the supreme law). Every citizen of
every community, in a civilized society must
bear certain burdens imposed for the good of
all.
Nature: Police power is an attribute of
sovereignty and founded on the obligation of
the State to provide protection for its citizens
and the safety and good order of society.
Nature of Compensation: The compensation
of the person subjected to police power is the
intangible altruistic feeling that he has
contributed to the general welfare.
Nature of Property: Police power involves
destruction and confiscation of property which
are noxious.
Scope: Police power is founded on which our
social system rests and has for its object the
improvement of social and economic conditions
affecting the community. It depends on the
security of the social order, life and health of
citizens, comfort and existence in a thickly
populated community, enjoyment of social life,
and beneficial use of property.
How Exercised: Inherently exercisable only by
the government.
Requisites:
1. Interest of the public is general, not that
of a particular class
2. Means used are reasonably necessary
for the purpose, and not unduly
oppressive upon individuals
Discuss Morfe v. Mutuc
Facts: Plaintiff-appellee petitioned that the required
periodical filing of Statement of Assets and
Liabilities (accdg to Sec 7 of RA 3019) by public
officials as a violation of due process and an
excessive abuse of police power
Issues: Is the filing of SAL a violation of due
process and abuse of police power?
Held: Decision of lower court that the provision on
SAL is unconstitutional is reversed; SAL is not an
abuse of police power
Discuss White Light Corporation v. City of
Manila
Facts: City Mayor Lim signed City ordinance 7774,
prohibiting short-time admission and rates, and
wash-up rates in lodging buildings in the
ermita-malate area of the city of manila
Issues: Is the ordinance a valid exercise of police
power?
Held: Petition granted, ordinance is declared
unconstitutional
What is eminent domain?
Power of the State to take private property for
public use upon payment of just compensation.
Power tof the state to take private properties
for public use.
Requisites:
1. The property must be a private property.
2. There should be a necessity to acquire the
property
3. It must be used for public purposes
4. There must be compensation or payment
5. And the process must comply with due
process of the law.
Just Compensation: is the market value (the
price which the property will bring when it is
offered for sale by one who desires but is not
obliged to sell it, and is bought by the one who
is under no necessity of having it.
● PLUS the consequential damages, if any.
● MINUS the consequential benefits, if any.
This is the right of the State to acquire private
property for public use upon payment of just
 compensation and observance of due process. with, the courts shall protect and, in a proper
Basis: It is based on genuine necessity and (349a)
that necessity must be of public character. It
must be reasonable and practicable such that it
would greatly benefit the public with the least
inconvenience and expense to the condemning
party and property owner consistent with such
benefit.
Nature of Compensation: There is full and
just compensation for the property taken.
Nature of Property: The property is taken for
public use.
How Exercised: It may be exercised by private
entities upon valid delegation.
Discuss Mactan-Cebu International Airport
Authority v Lozada
Fact: Dapat papalakihin yung Lahug airport kaso di
natuloy
Issues: Yung sinabi ng nung bagong may ari na
ibabalik sa Lozada ang land if hindi nagawa yung
intended na gawain ay sinabi lang walang kontrata
Held: Mababalik kela Lozada ang land as long as
bayaran nila ang Petitioners sa lahat na nagastos
nila
Read and discuss Article 435 of the Civil
Code
ARTICLE 435. No person shall be deprived of
his property except by competent authority and
for public use and always upon payment of just
compensation.
No one should be deprived of their property
except if the state will use it for public use and if What are the two stages in an expropriation
just compensation is given.
● Competent authority → State
● Public use → Eminent Domain
● Just compensation → requisite of
eminent domain
Should this requirement be not first complied
case, restore the owner in his possession.
● Restoring the owner in his possession →
the ruling of the SC in the case of
Mactan-Cebu International Airport
Authority v. Lozada
Distinguish eminent domain from
expropriation
- Eminent domain is the right given to the
government to acquire private properties
for public use with just compensation.
Meanwhile expropriation is the process
or act of seizing the private property
property.
- One of the powers of the state is eminent
domain → taking/acquisition of the land
for public use and there should be "just
compensation." When the state
uses/exercises this power, we call it
expropriation. Expropriation is based on
Rule 67 of the Rule of Court
● “Eminent Domain refers to the right given
to the State, whereas expropriation
usually refers to the process” (Paras,
2016).
Distinguish expropriation from sale. ●
Expropriation: an involuntary act of taking
properties from private persons. When the
state exercised the power of eminent
domain.
● Sale: a voluntary act of selling your
property to others.
proceeding?
Governed by Rule 67 of the Rules of Court, the
proceedings therefore consist of two (2) stages:
1. the condemnation (included here is the
determination of the authority of the
plaintiff to exercise the power of eminent
 domain) of the property after it is
determined that its acquisition will be for
a public purpose or public use; and,
Determining the property for public use
and the determining of the compensation
2. the determination of just compensation to
be paid for the taking of private property.
Government.
● An inherent power of the state exercised
through legislature, to impose burdens
upon subjects and objects within its
jurisdiction, for the purpose of raising
revenues to carry out the legitimate
objects of the government.

What are the requisites of eminent domain?
The property must be a private property.
6. There should be a necessity to acquire the
property
7. It must be used for public purposes
8. There must be compensation or payment
And the process must comply with due
process of the law. a. Taking by the
competent authority b. Observance of due
process of law c. Taking for public use
d. Payment of just compensation
What is taxation?
● Taxation is the lifeblood of the
government.
Taxation is when the government,
considered as the taxing authority,
impose a financial obligation to the
community. It is also the lifeblood of the
government.
● Power of the State to raise revenue to
defray the necessary expenses of the
of any government objective either as an
incentive or deterrence. As an implement, the
generation of revenue is merely incidental or in
furtherance thereof. (Lutz v. Araneta, 98 Phil
148).
Nature: An inherent power of the state
exercised through the legislature.
Nature of Compensation: (Ano yung binibigay
sayo ng State pag nagbayad ng Tax) There is
corresponding protection and public
improvement for the taxes paid.
Scope: To impose burdens (kasi tayo
nagbabayad) upon subjects and objects within
its jurisdiction.
Purpose: For raising revenue to carry out the
legitimate objects of the government
Revenue Objective: To build a just and human
society and the establishment of a government
under certain ideals and aspirations.
Sumptuary Objective: An implement of the
police power of the state for regulatory
purposes. In this case, it is used in furtherance

Compensatory Objective: For social justice

purposes or other purposes or other legitimate
objectives of the State, with a view to realize
social justice, equitable distribution of wealth,
economic progress and other similar objectives
(Southern Cross Cement Corp. v. Cement
Manufacturers Assoc. of the Phils, GR 158540)
Define taxes.
Taxes are the enforced proportional
contributions from persons and property levied
by the law-making body of the State by virtue of
its sovereignty for the support of the
government and all public needs.
Are the mandatory contributions of workers,
businesses etc., which would support the
government and public needs.

What is the lifeblood theory?

● “taxes are the lifeblood of the
government, and their prompt and
certain availability is an imperious need.
Taxes are the nation’s lifeblood through
which government agencies continue to
operate and which the State discharges
its functions for the welfare of its
constituents.”
- The government’s life and blood is on
the taxes because it fuels them to
continue operating and functioning.
○ echoed in the 2018 case of Asian
Transmission Corporation vs
Commissioner of Internal
Revenue (CIR) and the 2015
case of CIR vs Next Mobile,
among others.
● The classic 1988 case of CIR vs Algue
states that “without taxes, the
government would be paralyzed for lack
of the motive power to activate and
operate it.”

Discuss Commissioner of Internal Revenue v. Algue

Facts: Taxes are the lifeblood of the government
and should be collected w/o unnecessary
hindrance.
- Algue Inc was disallowed the PHP75k tax
deduction in their income tax returns
Issues: Whether the Commissioner in Internal
Revenue correctly disallowed the deduction as
legitimate business expenses by algue
Held: The Supreme Court agrees with the
respondent court that the amount of the promotional
fees was not excessive. The amount of P75,000.00
was 60% of the total commission. This was a
reasonable proportion, considering that it was the
payees who did practically everything, from the
formation of the Vegetable Oil Investment
Corporation to the actual purchase by it of the
Sugar Estate properties.
 WALANG NATAWAG SAMIN SA WEEK 2 :D
A. WHAT ARE THE THREE BRANCHES OF
GOVERNMENT?
The Philippines is a republic with a presidential form of
government wherein power is equally divided among its
three branches: executive, legislative, and judicial.
One basic corollary in a presidential system of
government is the principle of separation of powers
wherein legislation belongs to Congress, execution to the
Executive, and settlement of legal controversies to the
Judiciary.
● The Legislative branch is authorized to make
laws, alter, and repeal them through the power
vested in the Philippine Congress. Enacts
legislation, confirms or rejects presidential
appointments. This institution is divided into the
Senate and the House of Representatives
(partylist representatives and district
representatives).
term:
Senate: 2 terms, 6 years each
House of Representatives: 3 terms, 3 years each
members:
Senate: 24 (national voting)
House of representatives: 250 members; partylist
representatives (20%) and district representatives (80%)
● The Executive branch is composed of the
President and the Vice President who are elected
by direct popular vote and serve a term of six
years. The Constitution grants the President
authority to appoint his Cabinet (cabinet
members). These departments form a large
portion of the country’s bureaucracy. Carries out
eand enforces laws.
term:
President: 1 term, 6 years
Vice President: 2 terms; 6 years each
● The Judicial branch holds the power to settle
controversies involving rights that are legally
demandable and enforceable. This branch
determines whether or not there has been a grave
abuse of discretion amounting to lack or excess
of jurisdiction on the part and instrumentality of
the government. Decides if laws violates the
constitution. enacts laws by interpreting them
and applies them to individual cases. It is made
up of a Supreme Court and lower courts.
o The Constitution expressly grants the
Supreme Court the power of Judicial
Review as the power to declare a treaty,
international or executive agreement,
law, presidential decree, proclamation,
order, instruction, ordinance or
regulation unconstitutional.
term:
no term limit but must be in good behavior until
they reach the age of 70
members:
chief justice: 1
assoc justice: 14
A. WHO EXERCISES LEGISLATIVE POWER IN
THE PHILIPPINES?
de Leon et. al. –
Art. VI of 1987 Constitution - Section 1. The
legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House
of Representatives, except to the extent reserved to the
people by the provision on initiative and referendum.
● Senate (senators) (upper house)
● House of Representatives (Representatives or
congressmen) (lower house)
READ FULL ARTICLE VI HERE
B. WHAT IS LEGISLATIVE POWER?
General legislative power consists of the enactment of
laws intended as a rule of conduct to govern the relation
between individuals (i.e., civil laws, commercial laws,
etc.) or between individuals and the state (i.e., criminal
law, political law, etc.)
Task of the legislature is to prescribe general rules for
the society’s government.
C. WHAT IS BICAMERALISM?
Definition by Britannica: The bicameral system, also
called bicameralism, is a system of government in
which the legislature comprises two houses. (In the PH:
The Senate and the House of Representatives)
senate - led by senate president
house of representatives - led by Speaker of the house
to provide for representation for both the citizens of a
country, as well as the state legislatures on the federal
level or in the central government of a country or nation.
D. WHAT IS THE COMPOSITION OF THE
SENATE?
“The Senate shall be composed of twenty-four
Senators who shall be elected at large by the qualified
voters of the Philippines, as may be provided by law.”
(Sec. 2 Art. VI of the 1987 PH Constitution)
E. WHAT ARE THE QUALIFICATIONS TO BE
ELECTED A SENATOR?
“No person shall be a Senator unless he is a
natural-born citizen of the Philippines and, on the day
of the election, is at least thirty-five years of age, able to
read and write, a registered voter, and a resident of the
Philippines for not less than two years immediately
preceding the day of the election.” (Sec. 3 Art. VI of the
1987 PH Constitution)
(Marquez vs commission on elections - Marquez as
nuisance candidate )
F: Norman Cordero Marquez filed his CoC as senator
but was declared as a nuisance candidate
a) virtually unknown
b) lacks financial capability
I: Was Comelec’s judgement reasonable? - Comelec has
no textual evidence on needed financial capability
H: petition wasn’t moot (repetition on other
elections)and petition was GRANTED.
F. WHAT IS THE TERM OF OFFICE OF A
SENATOR?
“The term of office of the Senators shall be six years
and shall commence, unless otherwise provided by law,
at noon on the thirtieth (30th) day of June next following
their election. No Senator shall serve for more than two
consecutive terms. Voluntary renunciation of the office
for any length of time shall not be considered as an
interruption in the continuity of his service for the full
term of which he was elected.”
2 terms, 6 years each.
G. WHAT IS THE COMPOSITION OF THE
HOUSE OF REPRESENTATIVES?
“The House of Representatives shall be composed of
not more than two hundred and fifty members, unless
otherwise fixed by law, who shall be elected from
legislative districts apportioned among the provinces,
cities, and the Metropolitan Manila area in accordance
with the number of their respective inhabitants, and on
the basis of a uniform and progressive ratio, and those
who, as provided by law, shall be elected through a
party-list system of registered national, regional, and
sectoral parties or organizations.
● The party-list representatives shall constitute
twenty per centum of the total number of
representatives including those under the party
list. For three consecutive terms after the
ratification of this Constitution, one-half of the
seats allocated to party-list representatives shall
be filled, as provided by law, by selection or
election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth,
and such other sectors as may be provided by
law, except the religious sector.
● Each legislative district shall comprise, as far as
practicable, contiguous, compact, and adjacent
territory. Each city with a population of at least
two hundred fifty thousand, or each province,
shall have at least one representative.
● Within three years following the return of
every census, the Congress shall make a
reapportionment of legislative districts based
on the standards provided in this section.”
(Sec. 5 (1-4) Art. VI of the 1987 PH
Constitution)
H. WHAT ARE THE QUALIFICATIONS TO BE
ELECTED A REPRESENTATIVE?
“No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of
the Philippines and, on the day of the election, is at least
twenty-five years of age, able to read and write, and,
except the party-list representatives, a registered voter
in the district in which he shall be elected, and a
resident thereof for a period of not less than one year
immediately preceding the day of the election.” (Sec. 6
Art. VI of the 1987 PH Constitution)
(Romualdez - Marcos - Marcos was a resident for 7
months)
F: Imelda wrote 7 months on residence instead of since
birth
I: was Imelda unfit to run for position as representative
of the first district of Leyte?
H: possesses the residential qualification to run.
I. WHAT IS THE TERM OF OFFICE OF A
REPRESENTATIVE?
“The Members of the House of Representatives shall
be elected for a term of three years which shall begin,
unless otherwise provided by law, at noon on the
thirtieth day of June next following their election. No
Member of the House of Representatives shall serve for
more than three consecutive terms. Voluntary
renunciation of the office for any length of time shall not
be considered as an interruption in the continuity of his
service for the full term for which he was elected.” (Sec.
7 Art. VI of the 1987 PH Constitution)
3 terms; 3 years each.
J. HOW DOES A BILL BECOME A LAW?
DISCUSS OVERRIDE OF PRESIDENTIAL VETO.
SECTION 26. (1) Every bill passed by the Congress
shall embrace only one subject which shall be expressed
in the title thereof.
(2) No bill passed by either House shall become a law
unless it has passed three readings on separate days,
and printed copies thereof in its final form have been
distributed to its Members three days before its passage,
except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or
emergency. Upon the last reading of a bill, no
amendment thereto shall be allowed, and the vote
thereon shall be taken immediately thereafter, and the
yeas and nays entered in the Journal.
Presidential veto:
SECTION 27. (1) Every bill passed by the Congress
shall, before it becomes a law, be presented to the
President. If he approves the same, he shall sign it;
otherwise, he shall veto it and return the same with his
objections to the House where it originated, which shall
enter the objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, two-thirds of
all the Members of such House shall agree to pass the
bill, it shall be sent, together with the objections, to the
other House by which it shall likewise be reconsidered,
and if approved by two-thirds of all the Members of that
House, it shall become a law. In all such cases, the votes
of each House shall be determined by yeas or nays, and
the names of the Members voting for or against shall be
entered in its Journal. The President shall communicate
his veto of any bill to the House where it originated
within thirty days after the date of receipt thereof;
otherwise, it shall become a law as if he had signed it.
(2) The President shall have the power to veto any
particular item or items in an appropriation, revenue, or
tariff bill, but the veto shall not affect the item or
items to which he does not object.
K. WHAT BILLS MUST ORIGINATE FROM THE
HOUSE OF REPRESENTATIVES? DISCUSS
EACH.
SECTION 24. All appropriation, revenue or tariff bills,
bills authorizing increase of the public debt, bills of local
application, and private bills shall originate exclusively
in the House of Representatives, but the Senate may
propose or concur with amendments.
● Appropriation - is an authorization under past
Acts of Congress, Presidential Decrees or other
legislative enactment, for payments to be made
with funds of the government, under specified
conditions and/or for specified purposes. (also
known as supply bill)
● Revenue or tariff bills - Tariffs are used to
restrict imports by increasing the price of goods.
revenue bills are bills that either increases or
decreases total revenues.
● Bills authorizing increase of public debt -
bonds and indebtedness
● Bills of local application - for local level
● Private bills - provides benefits to specified
individuals (including corporate bodies).
(Tolentino vs Secretary of finance - VAT)
F: VAT passed as bill
I: Freedom of speech, press, religion, and education;
PAL tax removal
H: not a removal of freedom of speech, press, religion
and education; PAL tax exemption would only be
removed through a specific law (private bills)
L. WHEN DO LAWS TAKE EFFECT? DISCUSS
ARTICLE 2 OF REPUBLIC ACT NO. 386 (THE
NEW CIVIL CODE), AS
AMENDED.
Article 2. Laws shall take effect after fifteen days
following the completion of their publication in the
Official Gazette, unless it is otherwise provided. This
Code shall take effect one year after such publication.
Ref: Ernesto L. Pineda, Persons, 3rd ed.
15 days after publication
Publication is mandatory
Publication either in Official Gazette or in
newspapers
“Unless it is otherwise provided” does not
refer to the publication of the law but it
refers to the “date of effectivity”
(Tanada v Tuvera - disclosure of unpublished
presidential decrees)
F: Petitioner demanded the disclosure of presidential
decrees which were not published
I: should presidential decrees be published and where
H: laws must be published (in full) in the official
Gazette, to become effective, 15 days from their
publication (unless proven otherwise)
M. DISCUSS ARTICLE 3 OF THE CIVIL CODE
OF THE NEW CIVIL CODE.
Article 3. Ignorance of the law excuses no one from
compliance therewith. Ignorantia legis non excusat
(Legal maxim)
Ref: Ernesto L. Pineda, Persons, 3rd ed.
Without the maxim, the corrupt will make social
existence unbearable, abuses will increase, and
ignorance will be rewarded.
N. WHAT IS THE RATIONALE OF ARTICLE 3.
To allow a party to set up as a valid defense the fact that
he has no actual knowledge of a law which he has
violated is to foment disorder in society.
article 3 - a necessary consequence of the mandatory
provision that all laws must be published.
O. WHAT IS EXECUTIVE POWER?
Executive power has been defined as the power to
enforce and administer the laws, which means carrying
them into practical operation and enforcing their due
observance.
The “laws” include the Constitution, statutes enacted by
the Congress, decrees (issued under the 1973
Constitution), and executive orders of the President, and
decisions of the courts.
Ref: de Leon PH Consti Law Vol 2 (start at page 288)
P. TO WHOM IS EXECUTIVE POWER VESTED?
President - executive POWER
president, vice president - executive BRANCH
Q. WHAT ARE THE QUALIFICATIONS TO BE
ELECTED PRESIDENT?
A. Natural born Filipino;
B. A registered voter;
C. Must be able to read and write;
D. 40 years of age at the day of the election; and
E. Must have resided in the Philippines ten years
before the election was held.
BASED ON ARTICLE VII SECTION 2 OF THE 1987
PH CONSTI: READ HERE
R. WHAT ARE THE QUALIFICATIONS TO BE
ELECTED VICE-PRESIDENT?
The qualifications for the President are the same for the
Vice President.
A. Natural born Filipino;
B. A registered voter;
C. Must be able to read and write;
D. 40 years of age at the day of the
election; and
E. Must have resided in the Philippines ten
years before the election was held.
(Additional) Duties of Vice-President: According to the
constitution, the vice president may concurrently assume
a cabinet position should the President of the Philippines
offer the former one. The vice president will become a
secretary concurrent to the position of vice president.
Aside from the cabinet post, the vice president is
mandated to assume the presidency in case of the death,
disability, or resignation of the incumbent President.
S. WHAT IS THE TERM OF OFFICE OF THE
PRESIDENT AND THE VICE-PRESIDENT?
Section 4. The President and the Vice-President shall
be elected by direct vote of the people for a term of six
years which shall begin at noon on the thirtieth day of
June next following the day of the election and shall end
at noon of the same date, six years thereafter. The
President shall not be eligible for any re-election. No
person who has succeeded as President and has served as
such for more than four years shall be qualified for
election to the same office at any time.
No Vice-President shall serve for more than two
successive terms. Voluntary renunciation of the office for
any length of time shall not be considered as an
interruption in the continuity of the service for the full
term for which he was elected.
PRES - 1 term, 6 years
VP - 2 terms; 6 years each
T. HOW ARE THE PRESIDENT AND THE
VICE-PRESIDENT ELECTED?
A. System of direct voting - The Constitution
retains the system of direct popular election of
the President despite criticism for abetting
massive vote-buying and other undesirable
practices.
Plurality = pinakamarami
Majority = % sa bumoto
a1. This is considered more democratic and more in
keeping with the Filipino culture and tradition that they
individually vote for their leader – their choice of man
(or woman) who would be their President. The Filipino
people have a long history and experience with the
presidential system. It is undoubtful that they will vote in
favor of a system depriving them of the right to choose
the head of their government, considering that having
exercised it since 1935, this right has acquired special
significance for them.
a2. On the part of the President, the fact that he has
popular support would enable him to muster the
necessary courage to effect policies promotive of the
greater good despite opposition from vested interests.
Moreover, since there is a need for a strong national
executive who can deal effectively with the problems of
national survival as well as unite the numerous ethnic
groupings constituting our nation during these crucial
times, a President elected by the lawmaking body with
no fixed term may subservient to the members to keep
their support.
B. Election by Congress in case of tie - In case of
tie, however, the President shall be chosen for
the term fixed in the Constitution by a vote of a
majority of all members of Congress in session
assembled. (Sec. 4, par. 5)
The Vice-President is elected with and in the
same manner as the President.
Unless otherwise provided by law, the regular
election for President and Vice-President shall
be held on the second Monday of May.
U. HOW IS THE VACANCY IN THE OFFICE OF
THE PRESIDENT FILLED WHEN IT OCCURS
AFTER A VICE-PRESIDENT HAS
TAKEN THE OATH OF OFFICE?
Section 8. In case of death, permanent disability,
removal from office, or resignation of the President,
the Vice-President shall become the President to serve
the unexpired term. In case of death, permanent
disability, removal from office, or resignation of both the
President and Vice-President, the President of the Senate
or, in case of his inability, the Speaker of the House of
Representatives, shall then act as President until the
President or Vice-President shall have been elected and
qualified.
The Congress shall, by law, provide who shall serve as
President in case of death, permanent disability, or
resignation of the Acting President. He shall serve until
the President or the Vice-President shall have been
elected and qualified, and be subject to the same
restrictions of powers and disqualifications as the Acting
President.
Ref: 1987 Constitution, Article VII, Section 8.
V. HOW IS THE VACANCY IN THE OFFICE OF
THE VICE-PRESIDENT FILLED WHENEVER
THE VICE-PRESIDENT IS UNABLE
TO SERVE THE TERM FOR WHICH HE WAS
ELECTED?
Section 9. Whenever there is a vacancy in the Office
of the Vice-President during the term for which he was
elected, the President shall nominate a Vice-President
from among the Members of the Senate and the House
of Representatives who shall assume office upon
confirmation by a majority vote of all the Members of
both Houses of the Congress, voting separately.
Ref: 1987 Constitution, Article VII, Section 9.
W. WHAT IS A MIDNIGHT APPOINTMENT?

Midnight appointment is defined as an appointment to
political office made during the last hours of the term of
office of the person in whom the right of making such
appointment is vested. The court has decided long line of
cases involving midnight appointments anchored on the
prohibition under the 1987 Philippine Constitution,
which covers only the President or the acting President.
Section 15 of Article VII of the 1987 Philippine
Constitution states that two months immediately before
the next presidential elections and up to the end of his
term, a President or Acting President shall not make
appointments, except temporary appointments to
executive positions when continued vacancies therein
will prejudice public service or endanger public safety.
Cases relating to midnight appointments made by local
executives before and after election are assumed to be
initiated for partisan purposes in order to obtain
favorable results during election. Short from referring
midnight appointment to vote buying, most re-electionist
would resort to such strategy in order to be re-elected.
There is no law that prohibits Local Executives
including CITY MAYORS, MUNICIPAL MAYORS
AND PROVINCIAL GOVERNORS from making
appointments during the last hours of his term of office
and this bill seeks to implement the same prohibition.
FULL ARTICLE HERE
Ref: 1987 Constitution, Article VII, Section 15.
(De Castro vs. Judicial and Bar Council - filling of
the Chief justice seat)
F: Chief Justice Reynato Puno to resign days after the
upcoming presidential elections
I: whether or not JBC should submit the list of nominees
for Chief Justice to the incumbent president or the new
president
H: to proceed with the nominations and submit the list to
the incumbent president
X. DISCUSS THE CALLING-OUT POWER OF
THE PRESIDENT.
The President shall be the Commander-in-Chief of all
armed forces of the Philippines and whenever it
becomes necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion or
rebellion. In case of invasion or rebellion, when the
public safety requires it, he may, for a period not
exceeding sixty days, suspend the privilege of the writ
of habeas corpus or place the Philippines or any part
thereof under martial law. Within forty-eight hours from
the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus, the President shall
submit a report in person or in writing to the Congress.
The Congress, voting jointly, by a vote of at least a
majority of all its Members in regular or special session,
may revoke such proclamation or suspension, which
revocation shall not be set aside by the President. Upon
the initiative of the President, the Congress may, in the
same manner, extend such proclamation or suspension
for a period to be determined by the Congress, if the
invasion or rebellion shall persist and public safety
requires it.
The Congress, if not in session, shall, within twenty-four
hours following such proclamation or suspension,
convene in accordance with its rules without need of a
call.
The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the
factual basis of the proclamation of martial law or the
suspension of the privilege of the writ of habeas corpus
or the extension thereof, and must promulgate its
decision thereon within thirty days from its filing.
Ref: 1987 Constitution, Article VII, Section 18.
One of the extraordinary powers of the President vested
by the Constitution
The most benign and involves ordinary police power
Call out the military → Police power with the help of the
military
Requisite: The President may resort to this extraordinary
power whenever it becomes necessary to prevent or
suppress lawless violence, invasion, or rebellion.
● Limitations:
Acts permissible constitutional boundaries
Manner not constituting grave abuse of discretion
● Not subject to judicial review (sufficiency of the
factual basis of the proclamation → whether the
President acted within the bounds set by the
Constitution)
Y. DISCUSS THE PRESIDENT’S POWER TO
SUSPEND THE PRIVILEGE OF THE WRIT OF
HABEAS CORPUS.
The suspension of the privilege of the writ of habeas
corpus shall apply only to persons judicially charged for
rebellion or offenses inherent in, or directly connected ● Congress’ First Regular Session (aka
with, invasion. First SONA): Fourth Monday of July

During the suspension of the privilege of the writ of Law progress

habeas corpus, any person thus arrested or detained shall
be judicially charged within three days, otherwise he 1. Bill preparation
shall be released. 2. First reading - refer to a committee for a committee
report (with title & no.)
Ref: 1987 Constitution, Article VII, Section 18. 3. Second reading - debates
4. Third reading - voting (yeas and nays)
WRIT OF HABEAS CORPUS - a law stating that an 5. Transmittal of the bill to senate
individual cannot be imprisoned or held in custody 6. Senate action
inside a prison cell unless he/she has first been brought - first, second, third reading
before a court of law, which decides whether or not it is - legislative reading
legal for the person to be kept in prison. - kaninong committee sa senate
- committee action
Except as otherwise expressly provided by law, the writ - in 3 days, 3rd reading
of habeas corpus shall extend to all cases of illegal 7. Bicameral conference committee (Senate + HR) -
confinement or detention by which any person is consolidating of the 2 bills
deprived of his liberty, or by which the rightful custody 8. send to president
of any person is withheld from the person entitled - veto (1x lang), explain y then return sa hr
thereto. - if committee members vote 2/3 atsaka iaakyat sa
another committee
Z. DISCUSS THE PRESIDENT’S POWER TO -2/3 ulit, if pumasa
DECLARE MARTIAL LAW. - either approve or veto
- congress can override veto (2/3) LAW NA PAG
A state of martial law does not suspend the operation of NAPASA
the Constitution, nor supplant the functioning of the civil
courts or legislative assemblies, nor authorize the
conferment of jurisdiction on military courts and
agencies over civilians where civil courts are able to (Lagman v Hon. Medialdea - Martial law in
function, nor automatically suspend the privilege of the Mindanao because of the Maute group)
writ of habeas corpus.
Ref: 1987 Constitution, Article VII, Section 18. F: Nag call for martial law sa Mindanao because of the
attacks of the maute group
Requisites: The president can declare martial law when I: there is lack of factual basis kung bakit dapat mag
there is invasion and rebellion, rising and taking of arms declare ng martial law
where public safety is at risk, removing of allegiance of H: petition DISMISSED; armed forces of the ph reports
a group with the government, and when the Executive are factual and the president can only rely on facts
and Judiciary is being deprives of its power. before the proclamation of martial law

Limitations: This shall not exceed 60 days. Congress

may review and revocate. Supreme court may review
and nullify (on the ground of insufficiency of the factual
basis of the proclamation)

DATES TO REMEMBER:
● Elections: Second Monday of May
● Term of Office of the President and Vice President:
Thirtieth day of June
 Third week
(The Judicial Branch of Government and the Separation of Powers)
SOME CASES HERE ℅ ARA AND FRIENDS
a. What is judicial power?19
The judicial power shall be vested in one Supreme
Court and in such lower courts as may be established
by law.
Judicial power includes the duty of the courts of justice
to settle actual controversies involving rights which are
legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of
discretion* amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the
Government.
The Congress shall have the power to define,
prescribe, and apportion the jurisdiction of the various
courts but may not deprive the Supreme Court of its
jurisdiction over cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary
when it undermines the security of tenure of its
Members.
The Judiciary shall enjoy fiscal autonomy*
Appropriations for the Judiciary may not be reduced by
the legislature below the amount appropriated for the
previous year and, after approval, shall be
automatically and regularly released.
Read more here
The Judiciary
Neither wielding the sword nor purse is the Judiciary.
This branch of government is given the enormous task
of interpreting and applying the law in actual
controversies.
Judicial Power
● Measure of the allowable scope of judicial action.
● The right to determine actual controversies arising
between adverse litigants, duly instituted in courts of
proper jurisdiction.
● The authority to settle justiciable
controversies or disputes involving rights or
disputes involving rights that are enforceable
and demandable before the courts of justice or
the redress of wrongs for violation of such rights.
*grave abuse of discretion: either that the judicial or
quasi-judicial power was exercised in an arbitrary or
despotic manner by reason of passion or personal
hostility
*fiscal autonomy: local governments have the power
to create their own sources of revenue in addition to
their equitable share in the national taxes
b. Explain the expansion of judicial power
under the 1987 Constitution.
granting the courts the power to determine
whether or not there has been a grave abuse
of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the government (Article VIII,
Section 1).
...whether or not there has been a grave abuse
of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.
● Checks and balances
● Separation of powers
● Commonly called as the expanded power of
judicial review or the so-called certiorari*
jurisdiction of the courts
*certiorari - by which a higher court reviews a
decision of a lower court.
b.1. Discuss Araullo v. Aquino III, G.R. No.
209287, 01 July 2014.
F: nagkaroon ng shortage sa disbursements
kaya kailangan siya iincrease kaya nagkaroon
ng Disbursement acceleration Program (DAP)
kung saan yung savings sa slow moving
projects, projects na hindi na umusad or yung
projects na hindi naman masyadong priority,
ibibigay sa other projects na mas mahalaga
I: may issue sa separation of powers since
yung president ang pwedeng maglipat lipat ng
 funds sa igba’t ibang agencies pero dapat yung
funds sa iisang branch, doon lang siya. May
issue rin na wala siya sa General
Appropriations fund eh dapat listed doon yung
projects kasi inaapprove pa siya.
H: partially granted yung request of the
petitioner for certiorari and prohibition.
UNCONSTITUTIONALl:
● Withdrawal of unobligated allotments
● Cross-border transfers
● Funding of projects or programs that were not
covered by the GAA
VOID :use of unprogrammed funds
c. Who wields judicial power?
Judicial power is vested in the courts with the
Supreme Court of the Philippines as the highest
judicial body.
Lower courts as may be established by law
d. What are the inferior courts created by
law?
Lower courts of the PH:
Court of Appeals
The Court of Appeals was established under
Batas Pambansa Bilang 129 known as "The
Judiciary Reorganization Act of 1980". The
Court is composed of one Presiding Justice and
sixty eight (68) Associate Justices. They are
all appointed by the President. The Court sits
by divisions, each division is composed of three
members. The Court may sit en banc for the
purpose of exercising administrative,
ceremonial or other non-adjudicatory functions.
Sandiganbayan
The Sandiganbayan is a special court which
was established under Presidential Decree No.
1606. Its rank is equivalent to the Court of
Appeals.
The Sandiganbayan shall sit in five (5) divisions
of three justices each. The five (5) may sit at the
same time.
The first three divisions shall be stationed in the
Metro Manila area, the fourth division shall be in
Cebu City for cases coming from the Visayas
region, and the fifth division shall be in Cagayan
de Oro City for cases coming from the
Mindanao region. ↓↓↓↓↓
First three - Metro Manila
Fourth - Cebu (cases from Visayas)
Fifth - Cagayan de Oro (cases from Mindanao)
Three Justices shall constitute a quorum for
sessions in divisions: Provided, That when the
required quorum for the particular division
cannot be had due to the legal disqualification
or temporary disability of a Justice or of a
vacancy occurring therein, the Presiding Justice
may designate an Associate Justice of the
Court, to be determined by strict rotation on the
basis of the reverse order of precedence, to sit
as a special member of said division with all the
rights and prerogatives of a regular member of
said division in the trial and determination of a
case or cases assigned thereto, unless the
operation of the court will be prejudiced thereby,
in which case, the President shall, upon the
recommendation of the Presiding Justice,
designate any Justice or Justices of the Court
of Appeals to sit temporarily therein.
Court of Tax Appeals
A special Court mandated to address the
adjudication of appeals involving internal
revenue tax and customs cases of the
Commissioner of Internal Revenue and the
Commissioner of Customs, respectively.
Regional Trial Courts
Regional Trial Courts shall exercise appellate*
jurisdiction over all cases decided by
Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts in
their respective territorial jurisdictions.
Read Sec. 19 here
*Appellate - concerned with or dealing with
applications for decisions to be reversed.

Metropolitan Trial Courts
Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts may
be assigned by the Supreme Court to hear and
determine cadastral* or land registration cases
covering lots where there is no controversy or
opposition, or contested lots the value of which
does not exceed twenty thousand pesos, such
value to be ascertained by the affidavit of the
claimant or by agreement of the respective
claimants if there are more than one, or from
the corresponding tax declaration of the real
property. Their decisions in these cases shall be
appealable in the same manner as decisions of
the Regional Trial Courts.
Read Section 33 here
*cadastral - showing the extent, value, and
ownership of land, especially for taxation.
Municipal Trial Courts in Cities
In every city which does not form part of a
metropolitan area, there shall be a Municipal
Trial Court with one branch, except as
hereunder provided:
Municipal Trial Courts
In each of the municipalities that are not
comprised within a metropolitan area and a
municipal circuit there shall be a Municipal Trial
Court which shall have one branch, except as
hereunder provided:
Municipal Circuit Trial Courts
There shall be a Municipal Circuit Trial Court in
each area defined as a municipal circuit,
comprising one or more cities and/or one or
more municipalities. The municipalities
comprising municipal circuits as organized
under Administrative Order No. 33, issued on
June 13, 1978 by the Supreme Court pursuant
to Presidential Decree No. 537, are hereby
constituted as municipal circuits for purposes of
the establishment of the Municipal Circuit Trial
Courts, and the appointment thereto of
Municipal Circuit Trial Judges: Provided,
however, That the Supreme Court may, as the
interests of justice may require, further
reorganize the said courts taking into account
workload, geographical location, and such other
factors as will contribute to a rational allocation
thereof, pursuant to the provisions of
Presidential Decree No. 537 which shall be
applicable insofar as they are not inconsistent
with this Act.
Every Municipal Circuit Trial Judge shall be
appointed to a municipal circuit which shall be
his official station.
The Supreme Court shall determine the city or
municipality where the Municipal Circuit Trial
Court shall hold sessions.
Shari'a District Courts
Shari'a Courts to be constituted as provided for
in Presidential Decree No. 1083, otherwise
known as the "Code of Muslim Personal Laws
of the Philippines," shall be included in the
funding appropriations so provided in this Act.
Shari'a Circuit Courts
e. Discuss the hierarchy of courts.
e.1. Discuss Bañez v. Concepcion, G.R. No.
159508, August 29, 2012.
F: 3,054 TOTAL LAND AREA. Yung 1233 area
tinransfer ng nanay ni Leodegrado Ramos sa
isang Ricardo Auncion tapos si Asuncion
binenta kay Rodrigo Gomez. Tapos nagkaroon
ng compromised agreement si Ramos at
Gomez pero hindi lahat sinunod ni Ramos kaya
nagfile ng petition family ni Gomez para
makuha pa yung natitirang bayad. Tapos si
Banez, yung councilor ni Ramos, minove for
dismissal yung finile na complaint for specific
performance ni Gomez. Hanggang sa nag file
siya ng nag file tapos hindi naobserve ni Banez
yung hierarchy of courts
I: did banez disrespected the hierarchy of
courts? Yes - dapat lower courts muna dinala
yung case.
H: petition for certiorari ← DISMISSED +
petitioner is asked to pay the cost of suit.
f. What is the composition of the Supreme
Court?
Pursuant to the provisions of the 1987
Constitution, the Supreme Court is composed
of a chief Justice and 14 associate justices
who serve until the age of 70. The court may
sit en banc or in one of its three divisions
composed of five members each. The chief
justice and associate justices are appointed by
the President of the Philippines, chosen from a
shortlist submitted by the Judicial and Bar
Council. The president must fill up a vacancy
within 90 days of occurrence.
(2) All cases involving the constitutionality of a
treaty, international or executive agreement, or
law, which shall be heard by the Supreme Court
en banc, and all other cases which under the
Rules of Court are required to be heard en
banc, including those involving the
constitutionality, application, or operation of
presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations,
shall be decided with the concurrence of a
majority of the Members who actually took part
in the deliberations on the issues in the case
and voted thereon.
(3) Cases or matters heard by a division shall
be decided or resolved with the concurrence of
a majority of the Members who actually took
part in the deliberations on the issues in the
case and voted thereon, and in no case, without
the concurrence of at least three of such
Members. When the required number is not
obtained, the case shall be decided en banc:
Provided, that no doctrine or principle of law
laid down by the court in a decision rendered en
banc or in division may be modified or reversed
except by the court sitting en banc.
g. What are the qualifications to be a
member of the Supreme Court?
a) a natural-born citizen of the Philippines
b) A Member of the Supreme Court
c) at least forty years of age
d) fifteen years or more, a judge of a lower
court or engaged in the practice of law in
the Philippines.
The Congress shall prescribe the qualifications
of judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of
the Philippines and a member of the Philippine
Bar.
Qualifications applicable to all members of
the Judiciary and the Ombudsman and his
Deputies:
(a) he is natural-born citizen of the Philippines
(b) citizen of the Philippines
(c) A member of the Judiciary must be proven
competence, integrity, probity and
independence
Additional qualifications for Members of the
Supreme Court - No person shall be appointed
member of the Supreme Court unless he is at
least forty years of age or more a judge of a
lower court or engaged in the practice of law
in the Philippines.
h. What is the Judicial and Bar Council?
The Judicial and Bar Council’s (JBC) primary
task is to recommend appointees to the
Judiciary and the Office of the Ombudsman
for the President’s perusal. The council aims
to enhance the quality of the search, screening,
and selection process, as well as insulate the
process from undue influence of any kind.
An important function of the JBC is the creation
of a list of nominees for the position of Chief
Justice of the Supreme Court.
A Judicial and Bar Council is hereby created
under the supervision of the Supreme Court
composed of the:
1. Chief Justice as ex officio Chairman
2. Secretary of Justice
3. Representative of the Congress as ex officio
Members
4. Representative of the Integrated Bar
5. Professor of law
6. Retired Member of the Supreme Court
7. Representative of the private sector
i. What are the powers of the Supreme
Court?
(1) Exercise original jurisdiction over cases
affecting ambassadors, other public ministers
and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and
habeas corpus.
(2) Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders
of lower courts in:
● All cases in which the constitutionality or
validity of any treaty, international or
executive agreement, law, presidential
decree, proclamation, order, instruction,
ordinance, or regulation is in question.
● All cases involving the legality of any
tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
● All cases in which the jurisdiction of any
lower court is in issue.
● All criminal cases in which the penalty
imposed is reclusion perpetua or higher.
● All cases in which only an error or
question of law is involved.
(3) Assign temporarily judges of lower courts to
other stations as public interest may require.
Such temporary assignment shall not exceed
six months without the consent of the judge
concerned.
(4) Order a change of venue or place of trial to
avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection
and enforcement of constitutional rights,
pleading, practice, and procedure in all courts,
the admission to the practice of law, the
integrated bar, and legal assistance to the
underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform
for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights.
Rules of procedure of special courts and
quasi-judicial bodies shall remain effective
unless disapproved by the Supreme Court.
(6) Appoint all officials and employees of the
Judiciary in accordance with the Civil Service
Law.
j. What is the power of judicial review?
Judicial power includes the duty of the courts of
justice to settle actual controversies
involving rights which are legally
demandable and enforceable, and to
determine whether or not there has been a
grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch
or instrumentality of the Government.
Judicial review
● Review of the lawfulness of a decision or
action made by a public body.
● Concerned with the right procedure being
followed.
● Checks and balances of a democratic form
of government → other branches of the
government abide by the provisions of the
Constitution
● Judicial review is limited
● Not all cases involving “grave abuse of
discretion...” can be reviewed by the SC
because the power is also lodged “in such
lower courts as may be established by law.”
l. Discuss the Supreme Court’s rule making
power as stated under Section 5 of Art. VIII
of the Constitution.
The Supreme Court has the exclusive power
to promulgate rules concerning the
protection and enforcement of constitutional
rights, pleading, practice, and procedure in
all courts, the admission to the practice of
law, the integrated bar, and legal assistance
to the underprivileged. Any such rules shall
provide a simplified and inexpensive procedure
for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and
shall not diminish, increase, or modify
substantive rights. Rules of procedure of
special courts and quasi-judicial bodies shall
remain effective unless disapproved by the
Supreme Court. (Art. VIII, §54(5))
1987 Constitution → “stronger and more
independent judiciary” → it took away from
Congress the power to repeal, alter, or
supplement the rules concerning pleading,
practice, and procedure, and the admission to
the practice of law, and the integration of the
Bar
● Court’s exclusive power of admission to the
Bar → Authority of the court
○ to define the practice of law
○ to determine who will be admitted to the
practice of law
○ to hold in contempt any person found to be
engaged in unauthorized practice of law
○ to exercise corollary disciplinary authority
over members of the Bar.
m. What are the limitations to the Supreme
Court’s rule-making power?
(1) The rules shall provide a simplified and
inexpensive procedure for the speedy
disposition of cases
(2) They shall be uniform for all courts of the
same grade
(3) They shall not diminish, increase, or modify
substantive rights (Sec. 5[5], Art. VIII,
Constitution).
(4) The power to admit attorneys to the Bar is
not an arbitrary and despotic one, to be
exercised at the pleasure of the court, or from
passion, prejudice or personal hostility, but is
the duty of the court to exercise and regulate it
by a sound and judicial discretion. (Andres vs.
Cabrera, 127 SCRA
802
n. What is the doctrine of separation of
powers? What is its purpose?
The Philippines is a republic with a presidential
form of government wherein power is equally
divided among its three branches: executive,
legislative, and judicial. The government seeks
to act in the best interests of its citizens
through this system of check and balance*.
Division of powers into three:
1. Executive → President
2. Legislative → Congress
3. Judiciary → Courts
● Prevention of monopoly of power
● Each branch of government is separated and
independent from each other
● They are prevented from invading the domain
of others
*Checks and balances - counterbalancing influences by
which an organization or system is regulated, typically
those ensuring that political power is not concentrated
in the hands of individuals or groups.
 Week 4 Reviwer eto nanaman tayo : D (legit reviewer to jel -okay i see; no u don’t)
a. Discuss Section 4 of Article III of the
Constitution.20
Section 4. No law shall be passed
abridging the freedom of speech, of
expression, or of the press, or the right
of the people peaceably to assemble and
petition the government for redress of
grievances.
… A free press is not to be the judiciary, nor
an independent judiciary to a free press.
Neither has primacy over the other; both are
indispensable to a free society.
The freedom of the press in itself
presupposes an independent judiciary
through which that freedom may, if
necessary, be vindicated. And one of the
potent means of assuring judges their
independence is a free press. (Justice
Frankfurter, concurring in Pennekamp vs. Florida, 328
U.S. 345-356)
b. Discuss the meaning and scope of
freedom of speech, of expression, and of
the press.
In the landmark case Gonzales v. Comelec,
this Court enunciated that at the very least,
free speech and a free press consist of
the liberty to discuss publicly and
truthfully any matter of public interest
without prior restraint.
The freedom of expression is a means of
assuring individual self-fulfillment, of
attaining the truth, of securing participation
by the people in social and political
decision-making, and of maintaining the
balance between stability and change. It
represents a profound commitment to the
principle that debates on public issues
should be uninhibited, robust, and wide
open. It means more than the right to
approve existing political beliefs or
economic arrangements, to lend support to
official measures, or to take refuge in the
existing climate of opinion on any of public
consequence.
(cited in ABS-CBN v. COMELEC)
Freedom of press implies that all people
should have the right to express
themselves in writing or in any other way
of expression of personal opinion or
creativity.
Limited bc not every1 is part of the press
Freedom of the press is guaranteed by a
government of free public press for its
citizens and their association, extended to
members of news gathering organizations,
and their published reporting. It also
extended to news gathering and processes
involved in obtaining information for public
distribution.
(Explanatory Note, SB 2477)
c. Discuss the purposes, basis, and
significance of the guarantee.
Free speech and a free press consist of the
liberty to discuss publicly and truthfully any
matter of public interest without prior
restraint.
Ensures the broadest possible exercise of
free speech and free press for religious,
political, economic, scientific, news or
informational ends.

The freedom of expression is a means of
assuring individual self-fulfillment, of
attaining the truth, of securing participation
by the people in social and political
decision-making, and of maintaining the
balance between stability and change.
Ctto atty jems
Discuss purposes, basis, and
significance of the guarantee.
Chavez v Gonzales: Inasmuch as the
Constitution's basic guarantee of freedom to
advocate ideas is not limited to the
expression of ideas that are conventional or
shared by a majority, the constitutional
protection ensures the broadest possible
exercise of free speech and free press
for religious, political, economic,
scientific, news, or informational ends.
Constitutional protection is not limited to the
exposition of ideas. The protection afforded
free speech extends to speech or
publications that are entertaining as well as
instructive or informative. Specifically, in
Eastern Broadcasting Corporation (DYRE)
v. Dans, this Court stated that all forms of
media, whether print or broadcast, are
entitled to the broad protection of the clause
on freedom of speech and of expression.
While all forms of communication are
entitled to the broad protection of freedom
of expression clause, the freedom of film,
television and radio broadcasting is
somewhat lesser in scope than the freedom
accorded to newspapers and other print
media, as will be subsequently discussed.
Again, from Hector and Hector (although
ang nakalagay dito ay “Importance of
guarantee”):
1. Promotes growth of the individual
and the nation
- If a man is not free to
communicate his ideas to
others, not only is his own
morals and intellect stifled
but also his fellowmen are
deprived of the benefit and
stimulation which he might
impart to them.
Kung walang freedom ang tao to freely
communicate his/her ideas to others, not
only is he stifled with his moral and
intellectual development, pati yung mga
makakasalamuha nyang tao eh deprived of
the benefit and stimulus which an individual
can impart or even share to them.
- Unless individuals are at
liberty to discuss the various
issues that confront the
community, the government,
and the whole web of social
relationships, the search for
truth and perfection is
impeded.
Kung walang freedom ang tao to freely
communicate, malilimitahan sya sa
pagkakaroon ng mas malawak na
kaalaman. Hindi lang to makakaapekto
sakanya pero pati na rin sa iba pang tao
since makukulong ka na lang sa sarili mong
paniniwala. Wala ng engagement o batuhan
ng ideas na nangyayari which can benefit
the person and the nation/society.
Impede/d - delay or prevent
(someone or something) by
obstructing them; hinder.
- Therefore, freedom of
expression is an
 inalienable human right
that flows from the very
nature of man. As such, it
must be nurtured and
protected by the State.
Without the right, the full
and proper growth of
individuals, nay, the nation
is invariably stunted.
2. Makes possible, scrutiny of acts
and conduct of public officials
- “No one can doubt the
importance of the right: (a) to
canvas the acts of public
men and the tendency of
public measures, (b) to
censure boldly the conduct of
rulers, and (c) to scrutinize
the policies and plans of the
government. If we would
preserve [this right], public
opinion must enlightened;
political vigilance must be
encouraged”
Kumbaga, if no one is to scrutinize acts of
public officials, hahayaan na lang natin na
magkaroon ng injustice sa society. Kasi
kung walang freedom to point out na for
example corrupt si mayor a, edi hindi rin
mapupunta sa sandiganbayan yung kaso.
That is why, public opinion and political
vigilance must be encouraged.
3. Insures a responsive and popular
government
- It is only through free debate and
free exchange of ideas that a
peaceful change is effected. The
people must be able to voice their
sentiments and aspirations so
that they may become active
participants in the political
process (i.e., public discussions,
referenda, initiatives, recalls,
plebiscites and elections) as well as
in nation development.
Paano ka nga naman magiging bahagi ng
isang desisyon kung hindi ka kasama o
hindi mo maipahayag yung side mo, diba?
d. Is freedom of expression absolute?
Explain. Discuss the limits and restraints
on the freedoms.
One limitation of freedom of speech and of
the press is that they are subject to
restrictions and limitations, one of them
being the protection of the courts against
contempt (Gilbert vs. Minnesota, 254 U.S. 325)
Contempt- disregard of, or disobedience to,
the rules or orders of a legislative or judicial
body or an interruption of its proceedings by
disorderly behavior or insolent language
Such freedoms could not remain unfiltered
and unrestrained at all times and under all
circumstances. They are not immune to
regulation by the state in the exercise of
its police power.
● “The liberty to think is absolute; the
power to express such thoughts in
words or deeds has limitations.”
soriano v. laguardia
The freedom of expression, as with the
other freedoms encased in the Bill of Rights,
is, however, not absolute. It may be
regulated to some extent to serve important
public interests, some forms of speech not
being protected. As has been held, the
limits of the freedom of expression are
reached when the expression touches
upon matters of essentially private
concern. (Soriano v. Laguardia)
● The constitutional guarantee
"obviously was not intended to give
 immunity for every possible use of
language." (Justice Holmes)
● "[T]he freedom to express one’s
sentiments and belief does not grant
one the license to vilify in public the
honor and integrity of another. Any
sentiments must be expressed
within the proper forum and with
proper regard for the rights of
others." (Lucas v. Royo, as cited in Soriano
v. Laguardia)
d.1.1. Dangerous-tendency rule.
If the words uttered create a dangerous
tendency which the state has the right to
prevent, then such words are punishable.
● Not necessary that acts of force,
violence, or unlawfulness be
advocated.
● It is sufficient if the natural tendency
and effect of the utterance are to
bring substantive evil.
● Incites acts of unlawfullness, pag
walang gustong iincite, hindi
dangerous tendency
● Suggestive ng gagawin
The danger must not only be clear but
also present (Present - refers to time
element) the danger must not only be
probable must also inevitable.
d.1.1. Discuss Cabansag v. Fernandez,
G.R. No. L-8974, 18 October 1957.
F: Cabansag filed a complaint about the
ejectment of Geminiana Fernandez which
resulted in top multiple postponed hearings
and delayed transcription of the
stenographers. He then sent a letter to
PCAC which was later on deemed as a
bellitling remark (by Judge Jesus Morfe)
I: Did the letter belittle or embarrassed the
administration of justice? Did the letter draw
the intervention of PCAC in the instant case
(did it have an effect on judicial power)
H: Cabansang was talking about the
stenographers and the opposing counsel on
his letter and it was far from his intention to
ridicule the court.
He also could have sent his letter to the
secretary of justice or the supreme court.
REVERSED (liable for contempt)
EO no 1
Created Presidential complaints and Action
Commission
PCAC
To receive and hear all complaints against
officials and employees of the government.
d.1.2. Clear-and-present-danger rule.
The substantive evil consequence of the
comment or utterance must be
“extremely serious and the degree of
imminence is extremely high” before the
utterance can be punished.
Most exacting and protective test in favor of
free press.
“Freedom of public comment should in
borderline instances weight heavily against
a possible tendency to influence pending
cases” (Pennekamp vs. Florida U.S. 331)
Whether the words used are used in such
circumstances and are of nature as to
create a clear and present danger that
they will bring about the substantive
evils that congress has a right to prevent
It is a question of proximity and degree
(Schenck vs. U.S. supra)
d.1.2.1 Discuss ABSCBN v. Comelec, G.R.
No. 133486, 28 January 2000.

F: ABS-CBN prepared a project on exit polls
during the may 11 1998 (joseph estrada; vp
gloria) elections which would be
broadcasted immediately
I: Comelec acted with grave abuse of
discretion when it issued a restraining order
H: petition is not totally moot because it
affects the people’s freedom of expression
and the issue would only be postponed to
future elections. The procedural
requirement to exhaust available remedies
may be glossed over.
No law prohibits the holding and the
reporting of exit polls.
petition (certiorari) is granted and a
restraining order on Comelec is made
permanent (Comelec to cease and desist)
Exit poll: electoral survey after the election
Purpose: to determine probable result
Asks random voters who they voted for
d.1.3. Balancing-of-interests test.
Balancing of interest test: it is the duty of
the court to determine which demands
greater protection (between public order v
partial abridgment of speech) (kelangan
yung isa is abridgment of speech)
The Court explained also in Gonzales v.
COMELEC the "balancing of interests"
test:
When particular conduct is regulated in the
interest of public order, and the regulation
results in an indirect, conditional, partial
abridgment of speech, the duty of the courts
is to determine which of the two conflicting
interests demands the greater protection
under the particular circumstances
presented. We must, therefore, undertake
the "delicate and difficult task to weigh the
circumstances and to appraise the
substantiality of the reasons advanced in
support of the regulation of the free
enjoyment of rights.
● [t]he "balancing" test requires a court
to take conscious and detailed
consideration of the interplay of
interests observable in a given
situation or type of situation.
● a wide range of factors are
necessarily relevant in ascertaining
the point or line of equilibrium:
○ (a) the social value and
importance of the specific
aspect of the particular
freedom restricted by the
legislation;
○ (b) the specific thrust of the
restriction (whether direct or
indirect/number of affected
persons;
○ (c) the value and importance
of the public interest sought
to be secured;
○ (d)whether the specific
restriction decreed by
Congress is reasonably
appropriate and necessary;
○ and (e) whether the
necessary safeguarding of
the public interest involved
may be achieved by some
other measure less restrictive
of the protected freedom.
The balance-of-interests theory rests on the
basis that constitutional freedoms are
not absolute, not even those stated in the
free speech and expression clause, and that
they may be abridged to some extent to
serve appropriate and important interests.
(Soriano v. Laguardia)
d.1.3.1 Discuss Soriano v. Laguardia, G.R.
No. 164785, 29 April 2009.
Case digest:
https://arete.site123.me/on-law-and-jurispru
dence/soriano-v-laguardia
https://lawyerly.ph/digest/cbfbe?user=4540
F: petitioner is a host of the “Ang Dating
Daan” program and made obscene remarks
during the program. MTRCB gave a
preventive suspension on the petitioner.
I: what MTRCB did was within their powers
and the petitioner was only exercising his
freedom of speech.
H: The program where he made the
remarks was on a time slot where children
are still awake and is marked as a general
patronage program. His comment may be
considered unprotected speech since he
mentioned the female sexual organ making
it obscene.
MODIFICATION limiting the 3-month
suspension to the program and not to the
host.
MTRCB job (PD 1986)
Empower MTRCB to
a. Supervise
b. Regulate
c. Grant
d. Deny
e. Cancel
Permits for exhibition of public materials.
Preventive suspension: not a penalty by
itself. Merely a preliminary step in an
administrative investigation.
Balancing of interest test: it is the duty of
the court to determine which demands
greater protection (between public order v
partial abridgment of speech) (kelangan
yung isa is abridgment of speech)
“We repeat: freedoms of speech and
expression are not absolute freedoms.
To say "any act that restrains speech should
be greeted with furrowed brows" is not to
say that any act that restrains or regulates
speech or expression is per seinvalid. This
only recognizes the importance of freedoms
of speech and expression, and indicates the
necessity to carefully scrutinize acts that
may restrain or regulate speech.”
*Laging namemention sa case: PD 1986
(https://www.officialgazette.gov.ph/1985/10/
05/presidential-decree-no-1986-s-1985/)
e. Why is freedom of expression a
preferred right? Explain.
Freedom of expression is a preferred right
therefore it stands on a higher level than
substantive economic or other
liberties… freedom of thought and speech
is the indispensable condition of nearly
every other form of freedom.
e.1. Discuss Philippine Blooming Mills
Employees Organization v. Philippine
Blooming Mills Company, Inc. , G.R. No.
L-31195, 05 June 1973.
F: the petitioners claimed to join a mass
demonstration in protest against the alleged
abuses of the Pasig Police. The
respondents said that the company would
injure loss and only allowed the third shift to
go.
I: freedom of free expression, free assembly
and petition: petitioners violated the existing
CBA (No strike and No lockout) whe they
pushed through with the mass
demonstration.
H: petitioners claimed that they did not
violate the CBA since they gave the
respondent prior notice and mass
demonstration was for the Pasig police. The
bill of rights also puts first human rights over
property rights.
NULL and VOID the orders of the Court of
Industrial Relations (reglementary period)
Reinstatement of the 8 petitions with full
back pay from separation to re instrument
minus one day pay.
Collective Bargaining Agreement (CBA):
written legal contract between an employer
and a union representing the employees
e.2. Discuss Adiong v. Comelec, G.R. No.
103956, 31 March 1992.
F: Blo Umpar Adiong is a senatorial
candidate who petitioned against the
Comelec’s prohibition on posting stickers on
”mobile places”
I: can the Comelec prohibit that. Petitioner
claimed that it Infringes on freedom of
speech because there are too many
restrictions and there is no public interest
threatened.
H: it was held null and void
Overbreadth: regulation on speech that
may be too broad and might result in the
prohibition of protected speech.
f. Discuss Freedom of the Press
Freedom of press implies that all people
should have the right to express
themselves in writing or in any other way
of expression of personal opinion or
creativity.
Freedom of the press is guaranteed by a
government of free public press for its
citizens and their association, extended to
members of news gathering organizations,
and their published reporting. It also
extended to news gathering and processes
involved in obtaining information for public
distribution.
(Explanatory Note, SB 2477)
f.1. Discuss David v. Macapagal-Arroyo,
G.R. No. 173196, 03 May 2006.
F: president Macapagal-Arroyo issued a
state of emergency and used her calling out
power when political oppositions conspired
with extreme left (NDF-CPP-NPA) and
extreme right (military adventurists) to
allegedly oust or assassinate
Macapagal-Arroyo. This affects the public’s
confidence in the government, the state of
the economy and the public’s faith on the
future of the country. The presidential
proclamation 1017 was lifted when
presidential proclamation 1021 was issued.
I:
A. Procedural
1. Whether the issuance of PP 1021
reders the petitions moot and
academic
- The petition is not moot and
academic because exceptions on
mootness are present
2. Whether petitioners in 171485,
171400, 171483 171489 and
171424 have legal standing
- All petitioners have locus standi
B. Substantive
1. whether the supreme court can review
the factual bases of PP 1017
- Petitioners failed to show that
Arroyo’s use of calling out power
was bereft of factual basis;
peetitioners failed to refute such
basis. Arroyo wasw justified in
 issuing PP1017; HOWEVER, the
use of such power must not stiffle
liberty.
2. Whether PP1017 and General Order No.
5 are unconstitutional
a. Facial challenge
Power of the president is not weakened, but
limited; checks and balances
b. Constitutional basis
First provision - calling out power
Not a declaration of martial law but a mere
exercise of Arroyo’s calling out power
Second provision - “take care” power
Unconstitutional as it grants Arroyo to
promulgate decrees.
Third provision - take over/direct privately
owned comapnies affected with public
interest
Proclamation does not authorize her without
authority from congress
(why congress? Bc congress is the
repository of emergency powers - they
delegate the power)
c. As applied challenge
The statutes are valid as long as they get
the desired result.
H:
Constitutional
PP 1017, except sa reasons below*
Declaration of national emergency
G.O. no. 5
Unconstitutional
*Provision demanding AFP to enforce laws
not pertaining to lawless violence
Decrees by President
*Take over of privately owned companies
1017 - *“acts of terrorism” since terrorism
doesn’t have a concrete definition yet
Warrantless arrests and dispersals
Imposing standards on media
Warrantless search and seizure
When does arrest without warrant
become lawful
(a) When, in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit an
offense.
(b) When an offense has just been
committed and he has probable cause to
believe based on personal knowledge of
facts or circumstances that the person to be
arrested has committed it
Exceptions on mootness and academic:
a. Grave violation of the constitution
b. Excep[tional character of the
situation and paramount public
interest
c. Constitutional issue raised requires
formulation of controlling principles
to guide the bench, the bar and the
public
d. The case is capable of repetition yet
evading review
f.2. Discuss Burgos v. Chief of Staff, No.
L-64261, 26 December 1984
F: business addresses of the “Metropolitan
Mail” and “we Forum” were searched and
materials such as newspapers equipment
vehicles, articles, books were seized to be
used as evidence
I: Petitioners prayed for the return of the
said items.
H: return items to petitioners. (President
Marcos also denied the request of the
military police to sequester (isolate or hide)
the property seized)
Issues with the search warrants: (dapat
search and seizure)
The respondent judge failed to conduct an
examination under oath
- Petitioners conceded that
examination had been conducted by
the respondent judge
2 search warrants point to one place
- Typographical error
- Points at 2 distinct places
Personal property to be seized:
a. Subject to the offense
b. Stolen or embezzled / fruits of the
offense
c. Use, or will be used as means of
committing an offense
Movable property: personal property either
consumable or non-consumable
Immovable property: roads, constructions,
buildings. Immovable because they adhere
to soil
f.3. Discuss Chavez v. Gonzales, G.R. No.
168338, 15 February 2008.
F: “hello Garci” tapes discussing the rigged
results of the 2004 elections were
broadcasted. Presidential spokesperson
Ignacio Bunye asked for an investigation
regarding the airing. NTC released a
statement that the media organizations who
are airing the hello Garci tapes would be
subject to suspension, cancellation, or
revocation of their license.
I: If the tapes can be broadcasted.
H: NTC’s statement violates freedom of
expression and the right of the public to
know information concerning public interest.
NTC meanwhile says that the airing of tapes
violates the anti-wiretapping law and that
the tapes were not yet authenticated.
The petition nullifying the acts, issuances,
and orders of NTC was granted, and the
statement of NTC as unconstitutional since
it restrains protected expression.
Unprotected expressions
a. Pornography
b. False / misleading advertisements
c. Advocacy of imminent lawless action
d. Danger to national security
Protected expression
Not subject to prior restraint
Subject to subsequent punishment
Content-based
content-neutral constraint
Regulates the time, place or manner of the
expression in public places.
No restraint on the content of the
expression
Leaves open ample alternative channels for
expression
Content-neutral prior restraint on
protected speech
No prior restraint of the expression itself
For classification, not for censoring any part
of the submitted material
Failure to submit may be penalized
Review board’s power: to classify
Does not apply to live television programs
Prior restraint
more severe than subsequent punishment
since it never gets the material out
Subsequent punishment
Ideas are still disseminated to the public
f.3.1. What are the four aspects of the
freedom of the press?

Philippine jurisprudence, even as early as
the period under the 1935 Constitution, has
recognized four aspects of freedom of the
press. These are
(1) freedom from prior restraint -freedom
from government censorship
(2) freedom from punishment
subsequent to publication - punishment
after the speech has been published (yung
writer yung liable)
(3) freedom of access to information -
public records are to be made open for
regulation and scrutiny of inquiring reporter
or editor
(4) freedom of circulation - unhampered
distribution of newspapers or media to
customers or the public.
f.3.1.a. freedom from prior restraint;
Prior restraint refers to official governmental
restrictions on the press or other forms of
expression in advance of actual publication
or dissemination.56 Freedom from prior
restraint is largely freedom from
government censorship of publications,
whatever the form of censorship, and
regardless of whether it is wielded by the
executive, legislative or judicial branch
of the government. Thus, it precludes
governmental acts that required approval of
a proposal to publish; licensing or permits
as prerequisites to publication including the
payment of license taxes for the privilege to
publish; and even injunctions against
publication.
f.3.1.b. freedom from punishment
subsequent to publication;
Subsequent punishment is the act of
punishing the purveyor of illegal speech
after it is published. The exceptions to this
rule are pornography, false or misleading
advertisement, advocacy of imminent
lawless action, and danger to national
security. (Rappler) *di ko makita meaning,
pero yan daw definition kapag subsequent
punishment*
f.3.1.c. freedom of access to information;
and
Freedom of access to information regarding
matters of public interest is kept real in
several ways. Official papers, reports, and
documents, unless held confidential and
secret by competent authority in the
public interest, are public records. As
such, they are open and subject to
reasonable regulation, to the scrutiny of
the inquiring reporter or editor.
Information obtained confidentially may be
printed without specification of the source;
and that source is closed to official inquiry,
unless the revelation is deemed by the
courts, or by a House or committee of
Congress, to be vital to the security of the
State
f.3.1.d. freedom of circulation.
Freedom of circulation refers to the
unhampered distribution of newspapers
and other media among customers and
among the general public. It may be
interfered with in several ways. The most
important of these is censorship.
f.4. Discuss Pita v. Court of Appeals, G.R.
No. 80806, 05 October 1989

F: with the anti-smut campaign of Manila
mayor Ramon Bagatsing, pornographic
materials were seized and burned in public
at the university belt. Petitioner invoked that
the seizure of the publication materials was
without a warrant and violated freedom of
expression.
I: whether or not the items can be
confiscated without a court order and before
there is a judgment if the magazine is
obscene or not and if the pictures on the
magazines were used not for art’s sake.
H: the police officers confiscated the items
merely on their own interpretation of
“obscene”
The pictures were used for commercial
purposes and not for art’s sake. “redeeming
element” should accompany the work where
still pictures that are nude may involve art
BUT the exhibition of the actual sex does
not have any redeeming element.
Petition GRANTED. Magazines destroyed
were declined to grant affirmative relief.
What may be regarded as “obscene” *Miller
v California)
a. Whether to the average person,
applying contemporary standards
would find the work taken as a
whole, appeals to prurient interest
b. Whether the work depicts or
describes, in a patently offensive
way, sexual conduct specifically
defined by the applicable state law
c. Whether the work, taken as a whole,
lacks serious literary, artistic, political
or scientific value
g. Discuss Section 7 of Article III of the
Constitution. (The Right to Information)21
Section 7. The right of the people to
information on matters of public concern
shall be recognized. Access to official
records, and to documents and papers
pertaining to official acts, transactions, or
decisions, as well as to government
research data used as basis for policy
development, shall be afforded the citizen,
subject to such limitations as may be
provided by law.
g.1. Discuss Chavez v. Presidential
Commission on Good Government, G.R.
No. 130716, 09 December 1998.
F: Petitioner, invoking his constitutional right
to information, demands that respondents
make public any negotiations and
agreements pertaining to PCGG’s task of
recovering the Marcoses’ ill-gotten wealth.
He claims that any compromise on the
alleged billions of ill-gotten wealth involves
an issue of paramount public interest, since
it has a “debilitating effect on the country’s
economy” that would be greatly prejudicial
to the national interest of the Filipino
People. Hence, they have the right to know
the transactions affected by the
Government.
I: (A) Procedural:
1) W/N the petitioner has the personality or
legal standing to file the instant petition; and
2) W/N this Court is the proper court before
which this action may be filed.
H: First Procedural Issue
YES. The Petitioner has the legal standing
to file the instant petition.
In Legaspi vs. CSC, the Court declared that
“when a mandamus proceeding involves the
assertion of a public right, the requirement
of personal interest is satisfied by the mere
fact that petitioner is a citizen and,
therefore, part of the general public which
possesses the right.”
The instant petition is anchored on the right
of the people to information and access to
official records and documents which
guaranteed under Sec. 7, Art. III of the 1987
Constitution. Due to the satisfaction of the
two basic requisites laid down by decisional
law to sustain petitioner’s legal standing, i.e.
1) the enforcement of a public right; 2)
espoused by a Filipino citizen, the Court
ruled that the petition at bar should be
allowed.
Second Procedural Issue
YES. Section 5, Art. VIII of the Constitution
expressly confers upon the SC original
jurisdiction over petitions for certiorari,
prohibition, mandamus, quo warranto and
habeas corpus.
The Court ruled that this petition is not
confined to the Agreements that have
already been drawn, but likewise to any
other ongoing or future undertaking towards
any settlement on the alleged Marcos loot.
Ineluctably, the core issue boils down to the
precise interpretation, in terms of scope, of
the twin constitutional provisions on “public
transaction.” This broad and prospective
relief sought by the instant petition brings it
out of the realm of Civil Case.
Agreement of PCGG and Marcoses
(hindi pa napipirmahan ni ramos)
Immunity from criminal prosecution
- For witnesses only, not for Marcos
heirs
Tax Exemption in properties retained by
Marcos heirs
- Tax exemption may only be given
after the concurrence of a majority of
all members of congress
- The tax would not be uniform and
equitable
Dismissal of all cases against the Marcos
heirs
- Encroachment of judicial powers
Waives all claims and counterclaims (past
present, future) against Marcoses
- Action for future fraud may not be
waived
- Free pass in the future
Problems:
Do not provide a definite period
No specified which assets shall be forfeited
and which shall remain with the Marcoses.
Mandamus proceeding: higher court
ordering the lower court to properly do their
job
Ill-gotten wealth - assets and properties
purportedly acquired directly/ indirectly by
former president Marcos.
Restrictions on the right to information
a. National security matters;
intelligence information
b. Trade secrets and banking
transactions
c. Criminal matters
d. Confidential information
Public concern / public interest
- subject s the public may want to
know
- Affects their daily lives
 - Naturally arouse in the interest of an
ordinary citizen

Footnote:
20
Recommended text: Hector S. de Leon and Hector S. de
Leon, Jr., Philippine Constitutional Law: Principles and
Cases, Volume 1, 2017 ed. (Rex Bookstore, Manila: 2017),
Pp. 469-528. Read also Article VIII of the 1987 Constitution.
21
Recommended text: Hector S. de Leon and Hector S. de
Leon, Jr., Philippine Constitutional Law: Principles and
Cases, Volume 1, 2017 ed. (Rex Bookstore, Manila: 2017),
Pp. 589-603. Read also Article VIII of the 1987 Constitution.
 Fifth Week
(Constitutional provisions and Statutes affecting mass media: Powers of the
Commission on Elections and Ownership and Management of Mass Media Entities)
Word - important phrases
Word - important words
Guide questions - meanings
Guide questions - cases
Word - explanation in simpler words
(word) - reference
a. Discuss Sections 222 and 423 of Article
IX-C of the Constitution.
Sec. 2. The Commission on Elections shall
exercise the following powers and
functions:
1. Enforce and administer all laws and
regulations relative to the conduct of an
election, plebiscite, initiative, referendum,
and recall.
2. Exercise exclusive original jurisdiction
over all contests relating to the elections,
returns, and qualifications of all elective
regional, provincial, and city officials, and
appellate jurisdiction over all contests
involving elective municipal officials
decided by trial courts of general
jurisdiction, or involving elective
barangay officials decided by trial courts
of limited jurisdiction. Decisions, final
orders, or rulings of the Commission on
election contests involving elective
municipal and barangay offices shall be
final, executory, and not appealable.
3. Decide, except those involving the right
to vote, all questions affecting elections,
including determination of the number
and location of polling places,
appointment of election officials and
inspectors, and registration of voters.
4. Deputize, with the concurrence of the
President, law enforcement agencies and
instrumentalities of the Government,
including the Armed Forces of the
Philippines, for the exclusive purpose of
ensuring free, orderly, honest, peaceful,
and credible elections.
5. Register, after sufficient publication,
political parties, organizations, or
coalitions which, in addition to other
requirements, must present their platform
or program of government; and accredit
citizens' arms of the Commission on
Elections. Religious denominations and
sects shall not be registered. Those
which seek to achieve their goals through
violence or unlawful means, or refuse to
uphold and adhere to this Constitution, or
which are supported by any foreign
government shall likewise be refused
registration. Financial contributions from
foreign governments and their agencies
to political parties, organizations,
coalitions, or candidates related to
elections, constitute interference in
national affairs, and, when accepted,
shall be an additional ground for the
cancellation of their registration with the
Commission, in addition to other
penalties that may be prescribed by law.
If the candidates are supported by a foreign
government, they would be refused
registration and if foreign financial
contributions from government and
agencies are accepted by political parties,
orgs, coalitions or candidates for election
purposes, then pwedeng macancel yung
registration nila with Comelec.
6. File, upon a verified complaint, or on its
own initiative, petitions in court for
inclusion or exclusion of voters;
investigate and, where appropriate,
prosecute cases of violations of election
laws, including acts or omissions
 constituting election frauds, offenses, and
malpractices.
If may verified complaint, pwede silang mag
investigate and mag prosecute ng cases
regarding violation of election laws.
7. Recommend to Congress effective
measures to minimize election spending,
including limitation of places where
propaganda materials shall be posted,
and to prevent and penalize all forms of
election frauds, offenses, malpractices,
and nuisance candidacies.
8. Recommend to the President the
removal of any officer or employee it has
deputized, or the imposition of any other
disciplinary action, for violation or
disregard of, or disobedience to, its
directive, order, or decision.
9. Submit to the President and the
Congress, a comprehensive report on the
conduct of each election, plebiscite,
initiative, referendum, or recall.
Sec. 4. The Commission may, during the
election period, supervise or regulate the
enjoyment or utilization of all franchises or
permits for the operation of transportation
and other public utilities, media of
communication or information, all grants,
special privileges, or concessions granted
by the Government or any subdivision,
agency, or instrumentality thereof, including
any government-owned or controlled
corporation or its subsidiary. Such
supervision or regulation shall aim to ensure
equal opportunity, time, and space ,and the
right to reply, including reasonable, equal
rates therefor, for public information
campaigns and forums among candidates in
connection with the objective of holding
free, orderly, honest, peaceful, and credible
elections.
a.1. Discuss Sanidad v. Comelec, G.R.
No. 90878, 29 January 1990.
F: Republic act 6766 was enacted into law
and the city of Baguio and Cordilleras were
going to take part in a plebiscite. Petitioner
Pablito Sanidad assailed the
constitutionality of Section 19 Resolution
No. 2167 since it hinders columnists like
Sanidad from using their column to
campaign for or against the plebiscite which
hinders their freedom of expression and of
the press. He further added that the
comments he’s making contain his own
opinions and beliefs, thus restricting his
freedom of expression.
[Section 19 Comelec resolution 2167 -
prohibition on columnists commentators,
announcers - during, before and on the
plebiscite day, no mass media columnist,
commentator, announcer or personality
shall use his column or radio or television
time to campaign for or against the
plebiscite issues.]
Respondent Comelec asserts that it is not
violative of their freedom of expression and
of the press and that they’re just
implementing their powers which is to
supervise and regulate media during a
plebiscite. Also, they can still express their
comments through the Comelec space and
airtime.
Comelec space (batasang pambansa
bilang 881)- space in at least 1 newspaper
for general circulation in every province or
city.
(however, in the absence of such
newspaper, publication may be done in any
other magazine or periodical in said
province or city. Known as “Comelec space”
where candidates announce their
candidacy)
Comelec time - Comelec shall obtain radio
and television time known as “Comelec
Time” and would be allocated equally to the
 candidates within the coverage area of all
radio and television stations. (franchise is
amended to provide radio or television time,
free of charge, during the period of the
campaign)
Comelec also relied heavily on Article 9-c of
the 1987 Constitution and section 11 R.A.
6646
Article 9-c of the 1987 constitution -
Comelec can supervise or regulate media to
ensure equal time, space and opportunity
among candidates.
Section 11 of Republic Act no 6646 (the
electoral reform law of 1987) - mass
media or the person making use of mass
media should not sell or give free space or
airtime for campaign except to the
commission. During the campaign period,
commentators who are candidates should
file a leave of absence since they can be
more exposed to media compared with
other candidates.
I: is Section 19 Comelec resolution 2167
constitutional?
H:
Neither Article 9-C of the constitution or
Section 11 (b) of R.A. 6646 can be
interpreted or taken that Comelec has been
granted the right to supervise and regulate
media practitioners themselves of their right
to express during campaign periods. But
plebiscites do not include candidates which
means that Section 19 of Comelec
resolution no 2176 has no statutory basis.
● Petition (certiorari assailing the
constitutionality of Section 19 comelec
resolution 2167) is GRANTED.
● Section 19 of comelec resolution no 2167
is declared null and void and
unconstitutional
● Restraining order - permanent (from
enjoining comelec from implementing
Section 19 resolution 2167)
Republic act 6766 - an act providing for an
organic act for the Cordillera Autonomous
Region
Pablito V. Sanidad - newspaper columnist
of overview (Baguio Midland Courier -
circulates around baguio and CAR)
Pebliscites - vote by the people of an entire
country or district to express an opinion for
or against a proposal.
Batasang pambansa bilang 881
Section 90. Comelec space. - The
Commission shall procure space in at least
one newspaper of general circulation in
every province or city: Provided, however,
That in the absence of said newspaper,
publication shall be done in any other
magazine or periodical in said province or
city, which shall be known as "Comelec
Space" wherein candidates can announce
their candidacy. Said space shall be
allocated, free of charge, equally and
impartially by the Commission among all
candidates within the area in which the
newspaper is circulated.
Section 92. Comelec time. - The
Commission shall procure radio and
television time to be known as "Comelec
Time" which shall be allocated equally and
impartially among the candidates within the
area of coverage of all radio and television
stations. For this purpose, the franchise of
all radio broadcasting and television station
are hereby amended so as to provide radio
television time, free of charge, during the
period of the campaign.
Connections w/ lesson
Section 4 article 9 of the constitution -
Comelec said that they are just exercising
their jobs
Freedom of expression - connected with the
columnist who just wanted to share his
opinions through his columns
Freedom of the press - restrictions with
columnists
people ‘s rights to be informed - plebiscites
are matters of public opinion
Franchise -
a.2. Right to reply vis-a-vis prior
restraint. Discuss GMA v. Comelec, G.R.
No. 205357, 02 September 2014.24
F: The five (5) petitions before the Court
put in issue the alleged unconstitutionality of
Section 9 (a) of COMELEC Resolution No.
9615 limiting the broadcast and radio
advertisements of candidates and political
parties for national election positions to an
aggregate total of one hundred twenty (120)
minutes and one hundred eighty (180)
minutes, respectively. They contend that
such restrictive regulation on allowable
broadcast time violates freedom of the
press, impairs the people’s right to suffrage
as well as their right to information relative
to the exercise of their right to choose who
to elect during the forthcoming elections
Section 9 (a) provides for an “aggregate
total” airtime instead of the previous “per
station” airtime for political campaigns or
advertisements, and also required prior
COMELEC approval for candidates’
television and radio guestings and
appearances.
I: Whether or not Section 9 (a) of
COMELEC Resolution No. 9615 on airtime
limits violates freedom of expression, of
speech and of the press.
H: YES. The Court held that the assailed
rule on “aggregate-based” airtime limits is
unreasonable and arbitrary as it unduly
restricts and constrains the ability of
candidates and political parties to reach out
and communicate with the people. (It is also
not in the power of the Comelec to do so)
It is also particularly unreasonable and
whimsical to adopt the aggregate-based
time limits on broadcast time when we
consider that the Philippines is not only
composed of so many islands. There are
also a lot of languages and dialects spoken
among the citizens across the country.
Not moot and academic because the
matters are susceptible to repetition in
future elections.
PARTIALLY GRANTED
Section 9 (a) of Resolution No. 9615,
(aggregate total instead of per station) as
amended by Resolution No. 9631, is
declared UNCONSTITUTIONAL and NULL
and VOID.
remaining provisions of Resolution No.
9615, as amended by Resolution No. 9631,
CONSTITUTIONAL; upheld and remain in
full force and effect.
Temporary Restraining Order issued by the
Court on April 16, 2013 is hereby made
PERMANENT. (issued by the court to
comelec *urgency to prevent irreparable
injury to petitioner”)
“Per candidate” vs. “per station”
● Per candidate daw sabi ng Comelec
(based on history of RA 9006 (Fair
Election Act))
● Per station daw sabi ng petitioners +
burden na ichcheck pa nila yung total
airtime ng candidates na mag ppurchase
ng ads sa station nila.
Comelec Resolution 9615 -
Resolution 9631 - an amendment on
resolution 9615
Section 7 (d) -provides for a penalty
of suspension or revocation of an offender's
franchise or permit, imposes criminal liability
against broadcasting entities and their
officers in the event they sell airtime in
excess of the size, duration, or frequency
authorized in the new rules;
Section 9 (a) - which provides for an
"aggregate total" airtime instead of the
previous "per station" airtime for political
campaigns or dvertisements, and also
required prior COMELEC approval for
candidates' television and radio guestings
and appearances; and
Section 14 - which provides for a
candidate's "right to reply."
Section 1 (4) - (questioned by ABC)
defines the term "political advertisement" or
"election propaganda,"
Section 35 - (Questioned by GMA)
any violation of said Rules shall constitute
an election offense.
Fair election act
Sec 6 Fair Election Act - shows that
airtime limit is imposed on per candidate
basis not per station basis.
Resolution 6520 (fair elections act)
Section 82 Omnibus Election Code -
Lawful election propaganda shall include:
All other forms of election propaganda not
prohibited by this Code as the Commission
may authorize after due notice to all
interested parties and hearing where all the
interested parties were given an equal
opportunity to be heard: Provided, That the
Commission's authorization shall be
published in two newspapers of general
circulation throughout the nation for at least
twice within one week after the authorization
has been granted.
Section 85 Omnibus Election Code -
Prohibited forms of election propaganda. - It
shall be unlawful:
"(a) To print, publish, post or distribute any
poster, pamphlet, circular, handbill, or
printed matter urging voters to vote for or
against any candidate unless they hear the
names and addresses of the printed and
payor as required in Section 84 hereof;
"(b) To erect, put up, make use of, attach,
float or display any billboard, tinplate-poster,
balloons and the like, of whatever size,
shape, form or kind, advertising for or
against any candidate or political party;
"(c) To purchase, manufacture, request,
distribute or accept electoral propaganda
gadgets, such as pens, lighters, fans of
whatever nature, flashlights, athletic goods
or materials, wallets, shirts, hats,
bandannas, matches, cigarettes and the
like, except that campaign supporters
accompanying a candidate shall be allowed
to wear hats and/or shirts or T-shirts
advertising a candidate;
"(d) To show or display publicly any
advertisement or propaganda for or against
any candidate by means of cinematography,
audio-visual units or other screen
projections except telecasts which may be
allowed as hereinafter provided; and
"(e) For any radio broadcasting or television
station to sell or give free of charge airtime
for campaign and other political purposes
except as authorized in this Code under the
rules and regulations promulgated by the
Commission pursuant thereto;
Comelec restriction on time through
resolution 9615 - petition on certiorari -
freedom of speech, press, right of the
people to know and right to suffrage -
comelec also didn’t have enough basis and
just wanted a “leveling in the playing field” -
may added duty raw kay gma pero wala
talaga since documents lang na needed for
monitoring ang hinihingi ni comelec
Connected with
Freedom of press, speech, right of the
people to information and right to suffrage
Balancing of interest
Franchise - their franchise may be revoked
if they did not comply with the resolution
a.3. Discuss Diocese of Bacolod v.
Comelec, G.R. No. 205728, January 21,
2015.
F: The diocese of Bacolod posted 2
tarpaulins within a private compound
housing the San Sebastian Cathedral of
Bacolod. Each tarpaulin was approximately
six feet by ten feet in size. They were
posted on the front walls of the cathedral
within public view.
The first tarpaulin contains the message
“IBASURA RH Law” referring to the
Reproductive Health Law of 2012 or
Republic Act No. 10354. The second
tarpaulin is the subject of the present case.
This tarpaulin contains the heading
“Conscience Vote” and lists candidates as
either “(Anti-RH) Team Buhay” with a
checkmark, or “(Pro-RH) Team Patay” with
an “X” mark. The electoral candidates were
classified according to their vote on the
adoption of Republic Act No. 10354,
otherwise known as the RH Law. Those
who voted for the passing of the law were
classified by the diocese as comprising
“Team Patay,” while those who voted
against it form “Team Buhay”.
The Election Officer of Bacolod (atty Mavil
Majarucon) ordered the removal of the 2nd
tarpaulin. Claiming it to be election
propaganda, the COMELEC issued an
order prompting for the removal of the
tarpaulin for being oversized.
The Diocese assailed the said order of the
COMELEC for being violative of their
constitutional right to freedom of expression
and that it is a violation of the separation of
the state and the church. The Diocese
likewise assails that the tarpaulins are
beyond the regulatory powers of the
COMELEC regarding election materials
since they are neither candidates nor
belonging to any political party.
I: 1. Can the COMELEC regulate the
expression made by the Diocese of
Bacolod, the latter being private citizens?
2. Did the COMELEC order violate the
constitutional right of the Diocese of
Bacolod to freedom of speech and
expression?
3. Was the regulation applied by the
COMELEC a content-neutral regulation?
H: 1. NO. COMELEC had no legal basis to
regulate expressions made by private
citizens. And it is not within the Comelec to
regulate tarpaulins because petitioners are
not candidates.
2. YES. the regulation is a violation of the
constitutional guarantee of speech.
Although the speech is not considered as
“religious”, it is still a type of speech that is
protected by law.
3. It is a CONTENT-BASED REGULATION
since it applies to political speech.
Petition certiorari and prohibition with the
application for preliminary injunction and
temporary restraining order is GRANTED.
Temporary restraining order is made
PERMANENT.
Act of Comelec issuing assailed notice
dated February 22, 2013 and letter dated
February 27, 2013 is declared
UNCONSTITUTIONAL.
What constitutes a political question - it
is a matter which is exercised by the people
in their primary political capacity // it has
been specifically delegated to some other
department or particular officer of the gov.,
with discretionary power to act. || courts act
based on existing facts, not political
debates.
Political question doctrine -
2 paradigms of free speech
1) Equality-based approach - politically
disadvantaged speech prevails
over-regulation but regulation
promoting political equality prevails
over speech. There are dominant
political actors that may drown the
message of others hence, the
prevalence of politically
disadvantaged speech.
Connection with lessons:
Hierarchy of courts - the constitutionality of
the Comelec’s power to review is within the
court’s jurisdiction
b. Discuss 1987 Constitution, Art, XII,
Section 10.25
SECTION 10. The Congress shall, upon
recommendation of the economic and
planning agency, when the national interest
dictates, reserve to citizens of the
Philippines or to corporations or
associations at least sixty per centum of
whose capital is owned by such citizens, or
such higher percentage as Congress may
prescribe, certain areas of investments. The
Congress shall enact measures that will
encourage the formation and operation of
enterprises whose capital is wholly owned
by Filipinos. Kapag at least 60 percent of
capital is owned by Filipino citizen, pwedeng
ireserve sa kanila ung certain areas of
investments. Pero mag eenact din ng
measures yung Congress para maka
encourage pa sila ng enterprises na yung
capital is 100% owned by Filipinos
In the grant of rights, privileges, and
concessions covering the national economy
and patrimony, the State shall give
preference to qualified Filipinos.
The State shall regulate and exercise
authority over foreign investments within its
national jurisdiction and in accordance with
its national goals and priorities.
c. What is the Foreign Investment
Negative List? Read Executive Order No.
65, Series of 2018.
Foreign investment Negative list -
formulation of a regular foreign investment
negative list, covering investment areas or
activities which are open to foreign investors
and/or reserved Filipino nationals.
No foreign equity
1. Mass media except recording and
internet business
 2. Practice of professions (radiologic
and X-ray technology, criminology,
law, marine deck officers, marine
engine officers.
3. Retail trade enterprises with paid-up
capital of less than USD 2,500,00
4. Cooperatives
5. Organization and operation of
private detective, watchmen or
secutiy guard agencies
6. Small scale mining
7. ETC BASTA MARAMI
d. Discuss Section 11 of Article XII of the
Constitution.26
SECTION 11. No franchise, certificate, or
any other form of authorization for the
operation of a public utility shall be
granted except to citizens of the Philippines
or to corporations or associations organized
under the laws of the Philippines at least
sixty per centum of whose capital is
owned by such citizens, nor shall such
franchise, certificate, or authorization be
exclusive in character or for a longer period
than fifty years. Neither shall any such
franchise or right be granted except under
the condition that it shall be subject to
amendment, alteration, or repeal by the
Congress when the common good so
requires. The State shall encourage equity
participation in public utilities by the general
public.
The participation of foreign investors in the
governing body of any public utility
enterprise shall be limited to their
proportionate share in its capital, and all the
executive and managing officers of such
corporation or association must be
citizens of the Philippines.
e. Define franchise.
a franchise is defined to be a special
privilege to, do certain things conferred by
government on an individual or corporation,
and which does not belong to citizens
generally of common right. (Land
Transportation Office v. City of Butuan, 379 Phil. 887,
896 (2000); emphases supplied.)
Privilege given
by government to do things that doesn't
originally belong to the general public.
A privilege subject amended by congress in
accordance with the constitutional provision
that “any such franchise or right granted …
shall be subject to amendment, alteration or
repeal by the Congress when the common
good so requires.” (art 12 sec 11)
Radio and television broadcasting
companies that are given Franchises do not
own the airwaves and frequencies through
which they transmit broadcast signals and
images. (telecommunications v. Comelec)
In granting of the privilege to operate
broadcast stations and thereafter
supervising radio and television stations, the
state spends considerable public funds in
licensing and supervising such stations.
(telecommunications v. Comelec)
"licenses to broadcast do not confer
ownership of designated frequencies, but
only the temporary privilege of using them."
(Red Lion Broadcasting Co. v. F.C.C.)
"a license permits broadcasting, but the
license has no constitutional right to be the
one who holds the license or to monopolize
a radio frequency to the exclusion of his
fellow citizens. There is nothing in the First
Amendment which prevents the
Government from requiring a licensee to
share his frequency with others and to
conduct himself as a proxy or fiduciary with
obligations to present those views and
voices which are representative of his
community and which would otherwise, by
necessity, be barred from the airwaves."
(395 U.S. at 389, 23 L.Ed.2d at 388-389) may
privilege ang media to be given a license
but not to hold the license and to
monopolize media and to exclude their
fellow citizens from the information or its
usage. If the broadcast stations would not
do so, they can be barred from the
airwaves.
As radio and television broadcast stations
do not own the airwaves, no private
property is taken by the requirement that
they provide air time to the COMELEC.
(telecommunications v. Comelec)
(According to De Leon & De Leon): the term
franchise includes any special privilege or
right conferred by the state on persons or
corporations.
(As per ABS-CBN v NTC) :a franchise is defined
to be a special privilege to do certain things
conferred by government on an individual or
corporation, and which does not belong to
citizens generally of common right."
e.1. Discuss corporate, general or
primary franchise.
to exist as a corporation, as a business
The right granted to a group of individuals to
exist and act as a corporation.
It is one contemplated (synonym: study,
inspect) in Section 16
What does Section 16 say? - The
Congress shall not, except by general law,
provide for the formation, organization, or
regulation of private corporations.
Government-owned or controlled
corporations may be created or established
by special charters in the interest of the
common good and subject to the test of
economic viability.
e.2. Discuss secondary or special
franchise.
rights granted upon existing corporations (to
move such as law pipes, or tracks erect
poles etc.)
The right granted to an individual, or to a
corporation after its incorporation, to
exercise certain powers and privileges,
including those conferred for purposes of
public benefit such as the power of
eminent domain enjoyed by public
utilities like telephones companies,
iceplants, electric companies, etc.
Meaning of Public Utility as per De Leon:
- Described as a business
organization which regularly
supplies the public with some
commodity (product) or service.
■ De Leon gave
examples such as:
electricity, gas, water,
transportation,
telephone, or
telegraph service.
- Its distinguishing characteristic is the
devotion of private property to such
use that the public generally or that
part of the public which has been
served and has accepted the
service.
- Public utilities are also known as
public service companies - Public
market are public services or utilities
under the constitutional provision.

e.2.1. Read and discuss Public Act No.
3846 and Presidential Decree No. 576-A.
Section 1 of Act No. 3846,[66] as amended,
clearly provides that "[n]o person, firm,
company, association or corporation shall
construct, install, establish, or operate a
radio station within the Philippine Islands
without having first obtained a franchise
therefor from the Philippine Legislature x x
x."[67] It has also been clarified in
Associated Communications that a country | shall not be utilized by a
congressional franchise is required to
operate radio, as well as television stations,
in light of the subsequent issuance of
Presidential Decree No. (PD) 576-A.[68]
Dapat may franchise muna from the
Philippine Legislature bago makapag
operate ang radio station sa Philippines.
PD 576-A - REGULATING THE
OWNERSHIP AND OPERATION OF
RADIO AND TELEVISION STATIONS AND
FOR OTHER PURPOSES.
● President is empowered to review
and approve franchises for public
utilities
● Public utilities such as radio and
television stations have a tendency
toward monopoly in ownership and
operation
● Radio is the chief vehicle of the
dissemination of information. 86% of
all info for public and tv is becoming
similarly pervasive
● Tv and radio create deep
penetration to public consciousness
making them responsible for
assisting the government to promote
and safeguard public welfare/
● Limited number of frequencies for
broadcasting - necessary to regulate
ownership and operation
SEC 1. No radio or tv shall obtain a
franchise unless it obtains sufficient capital
on basis of equity for operation
SEC 2. Radio and tv stations shall allocate
at least 2 hours a day for programs
rendering public service
SEC 3. No more than 1 radio or television
station in one municipality or city | no more
than 5 AM and 5 FM radio station | no more
than 5 television channels in the entire
single-interest group
SEC 4. Any excess stations shall be sold to
the Bureau of Telecommunications
SEC 5. If guilty of such failure →
cancellation of the franchise of every excess
station and confiscation of the station and
its facilities w/o compensation
SEC 6. All permits or franchises shall be
terminated on December 31, 1981. Submit
to Board of Communications and the
secretary of public works and
Communications (or their successors) ←
will assign frequencies, channels, etc.
SEC 7. Violation → imprisonment of 5
months to 6 years, fine of 1k to 10k
e.3. Discuss Telecommunications and
Broadcast Attorneys of the Phlippines,
Inc. v. Comelec, G.R. No. 132922, 21
April 1988.
F: petitioners TELEBAP and GMA
challenged the validity of sec 92 of the
Batasang Pambansa no 881. TELEBAP had
no legal standing but GMA did since they
operate radio and television broadcast
stations.
I:
 1. It (Comelec) takes property without
due process of law and without just
compensation
GMA contests that it violates the due
process clause or eminent domain but it is
without merit because media stations do not
own the airwave frequencies.
2. That it denies radio and television
broadcast companies the equal
protection of laws
Broadcast media and print media are not
entitled to the same treatment of free
speech guarantee because of their
differences.
Broadcast - use frequencies given by those
who wish to. They also have a wider
audience and televisions and radios are
more available widely, hence they can reach
people of different gender, age, IQ levels
etc. They can also persuade more since not
all audiences have the capacity to analyze
speech in broadcast.
Print - Does not have frequencies and has
a smaller audience because the price of
books or newspapers can be beyond the
means of others. They are also sold in
metropolitan areas and Poblacions, limiting
their accessibility. The people reading them
also has more capacity to reject or analyze
ideas.
3. That it is in excess of the power
given to the Comelec to supervise or
regulate the operation of media of
communication or information during
the period of election
All the comelec is going to supervise and
regulate is the use of media of information
of their franchise or permits.there is also no
suppression in political ads but only the
regulation on the time and manner of
advertising to ensure that candidates would
have equal time for ads. If candidates are
deprived of time, then the public would also
be deprived of diverse political views and
their right to know.
H: petition is dismissed (may money and
privilege na binigay sa gma franchise)
22, 498,560 - GMA loss 1992
58, 980, 850 - GMA will lose in 1998 ||
production + loss to other advertisers
6,600,850 - the cost of producing a program
for Comelec time
52, 380,000 - they would earn if they sold
the airtime to other advertisers. “Unrealized
revenue”
11 (b) of R.A. no. 6646 - (b) for any
newspaper, radio broadcasting or television
station, or other mass media, or any person
making use of the mass media to sell or to
give free of charge print space or air time
for campaign or other political purposes
except to the Commission as provided
under Sections 90 and 92 of Batas
Pambansa Blg. 881. Any mass media
columnist, commentator, announcer or
personality who is a candidate for any
elective public office shall take a leave of
absence from his work as such during the
campaign period.
COMELEC Resolution No. 2983, §6(d) -(d)
Additional services such as tape-recording
or video-taping of programs, the preparation
of visual aids, terms and condition thereof,
and consideration to be paid therefor may
be arranged by the candidates with the
radio/television station concerned.
However, no radio/television station shall
make any discrimination among candidates
relative to charges, terms, practices or
facilities for in connection with the services
rendered.
R.A. No. 7252 Sec. 5. Right of Government.
— A special right is hereby reserved to the
President of the Philippines, in times of
rebellion, public peril, calamity, emergency,
disaster or disturbance of peace and order,
to temporarily take over and operate the
stations of the grantee, to temporarily
suspend the operation of any station in the
interest of public safety, security and public
welfare, or to authorize the temporary use
and operation thereof by any agency of the
Government, upon due compensation to the
grantee, for the use of said stations during
the period when they shall be so operated.
Reso 2983-A
May just compensation na si comelec + at
least 30 minutes of prime time daily si
“Comelec Time” <invalid>
Connection to lessons
Franchise - Comelec their regulation and
supervision of GMA
Police power - right to know
Right to know - if Comelec would not be
regulating equal time, then people would be
deprived to learn more about other
candidates.
Pd 576 -SEC 2. Radio and tv stations shall
allocate at least 2 hours a day for programs
rendering public service
e.4. Discuss Associated
Communications & Wireless Services v.
National Telecommunications
Commission, G.R. No.144109, 17
February 2003.
F: sabi sa Memorandumm of Understanding
that congressional franchise is required to
operate radio and television stations. Si
petitioner naman nag submit daw ng petition
para ma renew yung franchise since
matterminate yung mga franchise on
December 31, 1981 because of PD 576.
Inextend naman ni NTC ng extra 2 years
pero temporary permit lang siya. Yung
temporary permit nag expire na rin pero si
petitioner hindi nag refile ng application.
Sabi ni NTC kay petitioner mag submit ng
new Congressional franchise. Petitioner
failed to comply because they said that they
did not receive the letter.
I:
THE COURT OF APPEALS ERRED IN
UPHOLDING THE RULING OF THE NTC
THAT A CONGRESSIONAL FRANCHISE
IS A CONDITION SINE QUA NON IN THE
OPERATION OF A RADIO AND
TELEVISION BROADCASTING SYSTEM.
ERRED IN NOT CONSIDERING OPINION
98 SERIES OF 1991 DATED JUNE 20,
1991 OF THE SECRETARY OF JUSTICE
HOLDING THAT THE NTC MAY ISSUE
AUTHORIZATION FOR THE OPERATION
OF RADIO AND TELEVISION
BROADCASTING SYSTEMS, WITHOUT
THE NEED OF A PRIOR FRANCHISE
ISSUED BY CONGRESS
ERRED IN UPHOLDING THE RECALL OF
THE FREQUENCY CHANNEL 25
PREVIOUSLY ASSIGNED TO THE
PETITIONER AND/OR THE
CANCELLATION OF ITS PERMIT TO
OPERATE WHICH IS UNREASONABLE,
UNFAIR, OPPRESSIVE, WHIMSICAL AND
CONFISCATORY WHEN IT PREVIOUSLY
ISSUED THE SAID PERMIT WITHOUT
REQUIRING A LEGISLATIVE FRANCHISE.
ERRED IN NOT HOLDING THAT NTC
CASE NO. 98-009 HAD BEEN RENDERED
MOOT AND ACADEMIC WITH THE
ADOPTION AND PROMULGATION BY
THE NTC OF MEMORANDUM CIRCULAR
NO. 14-10-98 DATED AUGUST 17, 1998
Petitioner : no television stations mentioned
in Act 3846 || but it was enacted as a law in
1031 where there was no television in the
ph. P.D. 576-A also shows the need of a
franchise permit for both radio and
television.
H: petition DENIED (review of certiorari on
the decision of NTC); January 13 2000
decision and February 21, 2000 resolution
are affirmed.
January 13 decision by NTC:
respondent not having a valid legislative
franchise, the Commission hereby renders
judgment as follows:
1) Channel 25 assigned to herein respondent
ACWS is hereby RECALLED;
2) Respondent’s application for renewal of its
temporary permit to operate Channel 25 is
hereby DENIED; and
3) Respondent is hereby ordered to CEASE and
DESIST from further operating Channel 25."
February 21 resolution:
February 21, 2000 resolution affirming the
January 13, 1999 decision of the National
Telecommunications Commission (NTC for
brevity).
DOJ opinion no 98 -
1994 MOU - June 25, 1995 ro June 28 1997
Tax on franchises
December 31, 1999
e.5. Discuss ABS-CBN Corporation v.
National Telecommunications
Commission, G.R. No.252119, 25 August
2020.
F: ABS-CBN submitted bills for the renewal
of their franchise. NTC filed a CDO towards
ABS-CBN to stop operations of radio and
broadcast. ABS CBN filed a TRO and or
Writ of Preliminary Injunction on the CDO.
Denied by Committee on Legislative
Franchises (as per the recommendation of
TWG) denied the application of ABS CBN
corporation for a franchise
I: Whether or not NTC gravely abused its
discretion in issuing the assailed CDO
against ABS CBN.
H:
a legislative franchise is both a pre-requisite
and a continuing requirement for
broadcasting entities to broadcast their
programs through television and radio
stations in the country.
Even if the TRO on the CDO will be
granted, there is still a need for a franchise.
DROP House of Representatives and
Senate as parties of the case and DISMISS
the petition on the ground of mootness.
Republic Act No. (RA) 7966 - entitled "An
Act Granting the ABS-CBN Broadcasting
Corporation a Franchise to Construct,
Install, Operate and Maintain Television and
Radio Broadcasting Stations in the
Philippines, and for Other Purposes." (May
14 1995)
Resolution no 40 - adopted by senate.
ABS-CBN subsidiaries and or affiliates
should continue to operate while the
determination of its franschise renewal is
pending. (seeking to grant ABS0CBN
provisional franchise until October 31 2020)
House Bill No. (HB) 6732 - An Act Granting
ABS-CBN Broadcasting Corporation a
Franchise to Construct, Install, Operate and
Maintain Television and Radio Broadcasting
Stations in the Philippines, and for Other
Purposes
CDO - cease and desist order
TWG - Technical working group
show cause order - a court order issued to
a party in a lawsuit, directing that party to
appear to give reasons why a certain action
should not be put into effect by the court.
Writ of preliminary injunction - an order
granted at any stage of an action or
proceeding prior to the judgment or final
order, requiring a party or a court, agency or
a person to perform to refrain from
performing a particular act or acts.
Omnibus Motion Rule - a procedural
principle which requires that every motion
that attacks a pleading, judgment, order or
proceeding shall include all grounds then
available, and all objections not so included
shall be deemed waived (Sec. 8, Rule 15,
Rules of Court).
Section 1 act 3846[66] - no person, firm,
company etc can opperate, establish, install
etc a radio station without franchise from the
Philippine Legislature.
Sec 6 PD 576-A - additional requirement to
operate - “Authority” from the Board of
Communications and the Secretary of
Public Work and Communications (or their
successors i.e. NTC)
E.O. 546 - establishing the NTC
March 30, 1995 - ABS-CBN granted
legislative franchise
May 4, 1995 - effectivity of franchise
May 4, 2020 - end date for effectivitiy of
franchise
Gamaliel Cordoba - NCT’s commissioner
Menardo I Guevarra - DOJ secretary who
replied to the letter from commissioner
Cordoba requesting legal opinion
His guide to NTC:
a) there is an "established practice" or
"equitable practice" to allow a broadcast
company to continue its operations
despite an expired franchise, pending its
renewal
(b) the plenary power of Congress
includes the auxiliary power to define and
preserve the rights of the franchise
applicant pending final determination of
the renewal of the franchise
(c) the NTC may provisionally authorize
an entity to operate
Connection to lessons
Sec 10 art 18 of consti - “communication
structures for the balanced flow of
information” connected with the people’s
right to know during a health crisis
(pandemic)
Sec 11 (1) art XVI of consti - The congress
shall regulate or prohibit the monopolies of
mass media
Separation of powers - legislative grants
franchise but court is the one handling the
case.
f. Discuss Section 10 of Article XVI of the
Constitution.27
Section 10. The State shall provide the
policy environment for the full development
of Filipino capability and the emergence of
communication structures suitable to the
needs and aspirations of the nation and the
balanced flow of information into, out of, and
across the country, in accordance with a
policy that respects the freedom of speech
and of the press.
g. Explain policy environment.
This is supported by other provisions
which say that the State shall promote
the sustained development of a reservoir
of national talents consisting of Filipinos
in all fields (Sec 11 Art XIII) and;
● Support indigenous appropriate and
self-reliant scientific and
technological capabilities and their
application to the country’s
productive system and national life
(Sec. 10 Art. XIV).
● The thrust is towards evolving a truly
Filipino communication industry that
would utilize domestic resources and
indigenous talents and skills (Sec.
12 Art XII)
The emergence of communication
structures suitable to the needs and
aspirations of the nation and the
balanced flow of information into, out of,
and across the country.
● Considers the need for
communication structures that
promote the national interest as well
as balanced flow of information in
view of the unfairness and harmful
consequences of misleading,
inaccurate, or one-sided news or
information particularly where it
involves the security of the country
or the image of the Philippines
abroad. Within the country itself, it
has been pointed out that urban
centers are “information rich” while
rural areas are “information
deprived” a condition that promotes
uneven development.
h. Discuss Section 11 (1) Article XVI of
the Constitution.28
Section 11. (1) The ownership and
management of mass media shall be limited
to citizens of the Philippines, or to
corporations, cooperatives or associations,
wholly-owned and managed by such
citizens.
Congress shall regulate or prohibit
monopolies in commercial mass media
when the public interest so requires. No
combinations in restraint of trade or unfair
competition therein shall be allowed.
(2) The advertising industry is impressed
with public interest, and shall be regulated
by law for the protection of consumers and
the promotion of the general welfare.
Only Filipino citizens or corporations or
associations at least seventy per centum of
the capital of which is owned by such
citizens shall be allowed to engage in the
advertising industry. Kapag 70% ng capital
owned by Filipinos, atsaka lang sila
pwedeng mag engage sa advertising
industry
…"for the operation of a public utility," no
"such franchise or right [shall] be granted
except under the condition that it shall be
subject to amendment, alteration, or repeal
by the Congress when the common good so
requires."[65]
h.1. Discuss Securities and Exchange
Decision dated 11 January 2018 in SP
Case No. 08-17-001 (In Re: Rappler, Inc.
and Rappler Holdings Corporation).
F: Rappler Holdings sold shares to North
Base Media L.P. and secured the
permission to use “Rappler” then became
NBM Rappler. But Rappler Incorporated is
not listed as partner, yung Rappler Holdings
lang. Tapos nagbenta rin ng shares si
Rappler Holdings kay Omidyar Network.
I: nagkaroon ng issue doon sa ON PDR
since sabi doon “The company is required
to seek approval of the ON PDR Holders on
corporate matters.” yung company is yung
Rappler Incorporated which handles mass
media. Mayroon Foreign Equity Restriction
wherein anything under 100% of Filipino
control is a violation.
H: Rappler Incorporated and Rappler
Holdings Corporation, being the alter ego of
Rappler Inc. are found guilty of violating the
Foreign Equity Restrictions in Mass Media.
(imposes the following administrative
penalties):
ON PDR is declared VOID (for being a
fraudulent action)
Revocation of certificate of corporation of
Rappler inc. being the mass media entity
that sold control to foreigners and Rappler
holdings corporation being the alter ego.
(copy of decision be furnished the
Department of justice for appropriate action)
Why rappler IS a Mass Media
a. Rappler fits the definition of mass
media
Rappler owes its success to being accepted
as a newer form of Mass media.
Industry classification of rappler - News
agency activitiesOwes its success to being
accepted as a newer form of mass media.
Industry classification: News Agency
Activities
In rappler v. bautista - fought that rappler is
a mass media which has equal rights as
traditional mass media companies.
In their article -”Rappler combines the
discipline and credibility of traditional print
and tv journalists.”
b. Rappler consistently claims to be
mass media
c. Rappler’s scheme reveals that it
believes itself to be Mass Media
Section 2 Presidential decree 1018, mass
media law - limiting the ownership and
management of mass media to citizens of
the Philippines.
Sec 5 of the securities regulation code -
Sec 1 Commonwealth Act 108; Anti
Dummy Act - penalizes any citizen of the
Philippines or any other specific country
who allows his name or citizenship to be
used for the purpose of evading
constitutional or legal provisions.
Sec 7 in relation to Sec 14 of RA 7042;
The Foreign Investments Act of 1991 -
Article 2 sec 19 of the constitution - The
state shall develop a self-reliant and
independent national economy effectively
controlled by Filipinos.
Foreign equity restriction - anything under
100 percent of Filipino control is a violation.
100% Filipino control, 0% foreign control
Mass Media Law -
Sec. 26 Securities regulation law -
“anti-fraud” Fraudulent transactions it shall
be unlawful for any person, directly or
indirectly in connection with the purchase or
sale of any securities to: employ any device,
scheme, or articipate defraud.
5 principal elements of a fraud action
(1) fraud or deceit (2) by any person (3) in
connection with (4) the purchase or sale (5)
of any security
Connection with lesson
Article XVI sec 11- foreign equity restriction
Definition of mass media - whether or not
rappler inc. is affected by the term “mass
media”
i. What is mass media?
Medium of communication designed to
reach the masses and influences them.
Mass media → media para sa mass :)
According to De Leon & De Leon’s book
- The term embraces means of
communication that reach and influence
large numbers of people including print
media (especially newspapers, periodicals,
and popular magazines), radio, television,
and movies. It involves gathering,
transmission and distribution of news,
information, messages, signals, and all
forms of written, oral, and visual
communications to the general public or a
portion thereof.
Role of mass media - The reason behind
the provision ( Sec 11 Art XVI) is obvious.
Mass media are clothed with public interest.
They play a vital role in national life in
transmitting news, promoting values, and
eliciting public opinion. They exert great
influence on the people, the way they think
and act. The Constitution seeks to ensure
that these institutions are free from foreign
influence. Press freedom would indeed be
meaningless to Filipinos if those who
exercise it are aliens, owing loyalty to
foreign governments.
j. Discuss media and its multiplying roles
in democracy.
Journalists, agents of the people who play a
vital role in our polity (?) by bringing to the
public fora issues of common concern such
as corruption, must be accorded with the
same “breathing space” for erroneous
statements necessary for free expression to
thrive in a democratic society.
journalists must be given a breathing space
para mag criticize, (watchdog) if masyadong
nasasakal yung journalists, mahhinder rin
yung freedom of press and of expression.
j.1. Discuss In the Matter of the
Allegations Contained in the Columns of
Mr. Amado P. Macasaet published in
Malaya.., A.M. No. 07-09-13-SC, 08
August 2008.
F: Amado A.P. Macasaet, columnist of
“Business Circuit” in Malaya ran a story
about bribery to a member of the court from
confidential sources.
5 boxes of worth 10 million cash were
received by Cecilia Delis, staff of Consuelo
Ynares-Santiago. It was for acquitting
Filipino-Chinese businessman Henry T. Go
(anti-graft and corruption). The story was
also published in an online magazine called
newsbreak.
The insinuations were denied by Santiago.
Macasaet, Vitug, Rufo
● Testified that they obtained the information
from a confidential source
Delis
● Denied seeing and opening the box
● Resigned (March 15)
Danilo Pablo (court’s security division)
● There is a visitor’s log book
● Security do not open gifts for members of
the court
*the proceeding was fatally defective of
patent denial of due process. Witnesses
testified and were subject to
cross-examination. Macasaet thought that it
was just a fact- finding process and that
there will be another chance for
cross-examination so Macasaet hasn’t
insisted early on Macasaet was also
reduced to a passive participant.
I:
Was macasaet guilty of contempt of
court and Did his writing led to
disrespect of the public on the court
Court used the present danger test since
there was a balance between the freedom
of the press and independence of the
judiciary.
Questioned:
Is the consequence of Macasaet’s
publications extremely serious?
Is the degree of its imminence extremely
high?
● The facts did not need either
criterion since the since the
readership and credibility of
macasaet was not determined.
Therefore, there is no determination
whether or not the article influenced
people and led to disrespect of the
courts.
● Any unflattering publication about a
judge/ court becomes punishable if false
Connection with lesson
Clear and present danger rule - ginamit sa
case ni macasaet since magkakaroon ng
disrespect sa judiciary.
Dangerous tendency rule - namention :)
Balancing of interests - freedom of the press
v. judicial independence (to ensure that
judicial proceedings are conducted fairly
and that the rights of the parties are
respected.)
Multiplying roles

H: not to hold Macasaet in contempt of

court

Criminal contempt - an act obstructing the

administration of justice that brings
disrespect

Civil contempt - failing to do something

ordered by the court in a civil action

Ruled of civil procedure - after writing has

been filed, and opportunity of the
respondent to comment can the person
guilty be punished.

Process when it comes to contempt

1. Identify writing has been filed
2. Comment
3. Person guilty to be punished

Falsity and negligence test

● Compels journalists to prove the veracity
of what he writes (subject to contempt of
court)
● Might lead to self-censorship
● Does not consider seriousness or
imminence of substantive evil sought
 WEEK 6
BASIC CONCEPTS IN CRIMINAL LAW (HINDI BASIC)
PENAL CODE
CRIMINAL LAW ONLINE REVIEWER
CRIMINAL CODE
a.What is Criminal Law?
(1) Criminal law is that branch of municipal
law that defines crimes, treats of their
nature, and provides for their punishment.
(2) It is that branch of public substantive law
that defines offenses and prescribes their
penalties. It is substantive because it
defines the state’s right to inflict punishment
and the liability of the offenders. It is public
law because it deals with the relation of the
individual with the state.
Late justice Jose Luis Reyes - defined crime
as an act committed or omitted in violation
of public law forbidding or commanding it.
b.What are the two main sources of
criminal law?
The main sources of our Criminal Laws now
are the Revised Penal Code Republic Act
No. 3815, Special Penal Laws, and the city
and municipal ordinances providing for
penal sanctions.
The sources of criminal law in the
Philippines are:
1) The Revised Penal Code (RA 3815) and
its amendments;
2) Republic Acts;
3) Presidential Decrees, and
4) other Special Penal laws passed by the
Philippine Commission, Philippine
Assembly, Philippine Legislature, National
Assembly, the Congress of the Philippines,
and the Batasang Pambansa.
Revised penal law vs special penal laws vs
Revised penal Code
Penal laws
● Statues that prohibit acts or
omissions and establish penalties for
their violations
● Enacted by legislature (pursuant to
polic power)
Revised Penal Code
● General repository of our criminal
laws
● A codified law punishing certain
offenses
● Pag wala sa RPC nasa special
penal
Special Penal law
● Categorizes certain acts or omission
as crimes
c.Is the Constitution a source of
criminal law?
Although it is not stated that it is the main
source of Criminal Law, the 1987
Constitution may serve as a source of
criminal law
D. What is the legal basis of criminal
law?
Th epower to unish violators of criminhal
law comes within the police power of the
state. It is the injusry inflicted to the public
whihc a criminal action seeks to redress,
and not the injury to the individual.
The legal basis of criminal law is the revised
penal code (Act 3815 s. 1930). As per RPC
itself, it contains: General Provisions
Regarding the Date of Enforcement and
Application of the Provisions of this Code,
and Regarding the Offenses, the Persons
Liable and the Penalties.
e. What is a crime?
acts or omissions punishable by criminal
law. An act or omission is punishable only if
there is a law prohibiting the performance of
the act or a law that commands a person to
do an act but he failed to perform
f. Discuss the following
characteristics of a criminal law.
1. Generality
Means that the criminal law of the country
governs all persons who lives or sojourns in
the Philippines (Article 14, NCC),
Sakop ng criminal law lahat ng tao na
nakatira or naka temporary stay sa pilipinas
(1) The law is binding upon all persons who
reside or sojourn in the Philippines,
irrespective of age, sex, color, creed, or
personal circumstances.
(2) Generality of criminal law means that the
criminal law of the country governs all
persons within the country regardless of
their race, belief, sex, or creed. However, it
is subject to certain exceptions brought
about by international agreement.
Ambassadors, chiefs of states and other
diplomatic officials are immune from the
application of penal laws when they are in
the country where they are assigned. Note
that consuls are not diplomatic officers. This
includes consulgeneral, vice-consul or any
consul in a foreign country, who are
therefore, not immune to the operation or
application of the penal law of the country
where they are assigned. Consuls are
subject to the penal laws of the country
where they are assigned.
(3) It has no reference to territory.
Whenever you are asked to explain this, it
does not include territory. It refers to
persons that may be governed by the penal
law (Dean Ortega).
Exceptions
1.Principles of Public International Law -
The generally accepted principles of public
international law refer to the norms of
general customary international law which
are binding on all states, such as the
renunciation of war as an instrument of
national policy, the principles of sovereign
immunity; among others.
Since may tinatawag na sovereign immunity
(hindi pwedeng idemanda ang govt without
its consent) heads and chiefs of states are
immune from the generality of criminal law
(explanation from miggy)
- subject to certain exceptions brought
about by international agreement.
Ambassadors, chiefs of states and
other diplomatic officials are immune
from the application of penal laws
when they are in the country where
they are assigned. Acts performed
should be in official capacity and
performance of his duty.
1. Sovereigns
2. Heads of state
3. Ambassadors
4. Ministers plenipotentiary
5. Ministers residents
6. Charges d' affaires
2. Treaties or Treaty Stipulations
depend on the treaties or agreements of two
countries or international bodies. (ex visiting
forces)
Ex: Ph shall have jurisdiction over United
States personnel when done offenses
committed within the Philippines
3. Law of Preferential Application
According to Article 2 - Except as provided
in the treaties and laws of preferential
application…”
When we talk about Law of Preferential
Application, from the term itself
“Preferential” it means that the law has
classifications in applying the law. This
gives privileges or exceptions on the
application of penal laws
Ex: Under the Constitution, members of
Congress are not liable for libel or slander in
connection with any speech delivered on
the floor of a house during regular or special
session.
2. Territoriality
Means that the penal laws of the country
have force and effect only within the
National Territory of the Philippines, subject
to certain exceptions brought about by
international agreements and practice.
The territory of the country is not limited to
the land where its sovereignty resides but
includes also its atmosphere, its interior
waters and maritime zone, including those
outside of its jurisdiction as provided in
Article 2, paragraphs 1-5 of RPC.
May effect lang ang penal laws kapag within
the territory of the philippines pero hindi siya
limited lang sa land, kasama rin yung
atmosphere, interior waters and maritime
zone.
The RPC shall also be enforced outside the
jurisdiction of the Philippines against who:
1. Should commit an offense while on a
Philippine ship or airship
2. Should forge or counterfeit any coin or
currency note of the Philippine islands or
obligations and securities issued by the
Government of the Philippine Islands
3. Should be liable for acts connected with
the introduction into these islands of the
obligations and securities mentioned in the
previous number
4. While being public officers or employees,
should commit an offense in the exercise of
their functions
5. Should commit any crimes against the
national security and the law of nations,
defined in Title I, Book II of the RPC
Three international law theories on aerial
Jurisdiction
(1) The atmosphere over the country is free
and not subject to the jurisdiction of the
subjacent state, except for the protection of
its national security and public order. Under
this theory, if a crime is committed on board
a foreign aircraft at the atmosphere of a
country, the law of that country does not
govern unless the crime affects the national
security.
(2) Relative Theory – The subjacent state
exercises jurisdiction over its atmosphere
only to the extent that it can effectively
exercise control thereof. The Relative
Theory Under this theory, if a crime was
committed on an aircraft which is already
beyond the control of the subjacent state,
the criminal law of that state will not govern
anymore. But if the crime is committed in an
aircraft within the atmosphere over a
subjacent state which exercises control,
then its criminal law will govern.
(3) Absolute Theory – The subjacent state
has complete jurisdiction over the
atmosphere above it subject only to
innocent passage by aircraft of foreign
country. Under this theory, if the crime is
committed in an aircraft, no matter how
high, as long as it can establish that it is
within the Philippine atmosphere, Philippine
criminal law will govern. This is the theory
adopted by the Philippines.
3. Art. 22- Penal laws shall have a
retroactive effect insofar as they favor the
persons guilty of a felony, who is not a
habitual criminal, as this term is defined in
Rule 5 of Article 62 of this Code, although at
the time of the publication of such laws a
final sentence has been pronounced and
the convict is serving the same.

f.1. Criminal laws are of general

3. Prospectivity application in the Philippines. What
Means the law acts or omissions will only be are the exceptions?
subject to a penal law if they are committed
after a penal law had already taken effect. f.2. Penal laws are territorial in
Vice-versa, this act or omission which has application.
been committed before the effectivity of a
penal law could not be penalized by such
penal law. Exception: (1) when new statute
f.2.1. Discuss AAA v. BBB, G.R. No
it is favorable to the accused and (2) the
212448, 11 January 2018.
accused is not a habitual delinquent (Article
F:
22 of RPC).
● Aa and bb are married
Applicable lang yung penal law sa case
● With childrens ccc and ddd
after na nung effectivity ng penal law.
● Aaa ccc ddd moved back to pasiug from
Except if yung bagong statute is favorable
qc
sa accused and if hindi habitual delinquent
● Bbb chef in singapore
yung accused.
● Bbb gives no financial support to aaa
and children + sexual and physical
A person is a habitual delinquent if “within
violence from bbb
the period of ten years from the date of his
● Bbb in a relationship with Singaporean
last release or last conviction of the crimes
woman Lisel Mok and lives together in
of serious or less serious physical injuries,
singapore
robbery, theft, estafa and falsification, he is
● Bbb was charged of causing mental and
found guilty of any of the said crimes a third
emotional anguish to AAA plus the
time or oftener”.
alleged infidelity
What are the RPC provisions that define
● Warrant of arrest was given to bbb plus
prospectivity in criminal law?
hold departuyre order (from aaa)
1. Art. 21- No felony shall be punishable by
because bbb was trying to evade the
any penalty not prescribed by law prior to its
warrant
commission
● Warrant of arrest on bbb was archived
2. Art. 366- Felonies and misdemeanors,
● Bbb said petition shoulbe dismissede
committed prior to the date of effectiveness
because a) it should have been brough
of this Code shall be punished in
to OSG and b) petition was belatedly
accordance with the Code or Acts in force at
filed
the time of their commission.
● Bbb filed an omnibus motion to revive
the case, quash information, and lift
departure order and warrant of arrest
f.3. Penal laws are to be enforced
I: prospectively.
Whether or not the Philippine courts are
deprived of territorial jurisdiction over a Acts or omissions will only be subject to a
criminal charge of psychological abuse + penal law if they are committed after a penal
the alleged illicit relationship took place law had already taken effect. Vice-versa,
outside the PH this act or omission which has been
committed before the effectivity of a penal
Decision of the court - there is merit in the law could not be penalized by such penal
petition law because penal laws operate only
● Psychological violence was done in prospectively.
Singapore but the psychological Applicable lang yung penal law sa case
effect was brought by the victime after na nung effectivity ng penal law.
wherever she goes (Philippines). Except if yung bagong statute is favorable
The wife and the children are also sa accused and if hindi habitual delinquent
residing in the Philippines (Pasig) yung accused.
● What they’re criminalizing was
emotional suffering and not infidelity. It cannot penalize an act that was not
punishable at the time of its commission.
H:
petition granted (certiorai || petition on a
pure question of law) g.What are the theories in Criminal
Law? Discuss all.
Resolutions:
Feb 24, 2014 and May 2 2014 (Criminal
g.1. Classical Theory.
case 146468 - yung petition ni bbb to quash
the concept that man is essentially a moral
info) SET ASIDE
creature with an absolute free will to choose
between good and evil and therefore more
REINSTATED:
stress is placed upon the RESULTS of the
Info filed in criminal case 146468
felonious act than upon the criminal himself.
Crime - a juridical entity
Republic Act (R.A.) No. 9262, otherwise
Penalty - an evil thing and a means of
known as the Anti-Violence Against Women
juridical title.
and their Children Act of 2004
AN ACT DEFINING VIOLENCE AGAINST
CHARACTERISTICS OF CLASSICAL
WOMEN AND THEIR CHILDREN,
THEORY:
PROVIDING FOR PROTECTIVE
1. The basis of criminal liability is human
MEASURES FOR VICTIMS,
free will and the purpose of the penalty is
PRESCRIBING PENAL TIES
retribution (paghihiganti/ punishing
THEREFORE, AND FOR OTHER
someone for their actions).
PURPOSES. Approved on March 8, 2004.
2. That man is essentially a moral creature
with an absolutely free will to choose
between good and evil, thereby placing
more stress upon the effect or result of the
felonious act than upon the man, the
criminal himself.
3. It has endeavored to establish a
mechanical and direct proportion between
crime and penalty.
4. There is a scant regard to the human
element.
g.2. Positivist Theory.
Man is subdued occasionally by a strange
and morbid phenomenon which conditions
him to do wrong in spite of or contrary to his
volition.
Man is essentially good but by reason of
outside factors or influences he is
constrained to do wrong despite his volition
to the contrary.
What are these factors or influences -
social, natural and economic phenomena to
which the actor is exposed.
The purpose of the penalty is reformation.
There is great respect for the human
element because the offender is regarded
as socially sick who needs treatment, not
punishment.
Penalty is to be imposed only upon the
recommendation of social scientists,
psychologists and experts. The penalty is
imposed on a case to case basis after
examination of the offender by a panel of
social scientists which do not include
lawyers as the panel would not want the law
to influence their consideration.
CHARACTERISTICS OF POSITIVIST
THEORY
1. That man is subdued occasionally by a
strange and morbid phenomenon which
constraints him to do wrong, in spite of or
contrary to his volition.
2. That crime is essentially a social and
natural phenomenon, and as such, (a) it
cannot be treated and checked by the
application of abstract principles of law and
jurisprudence nor by the imposition of a
punishment fixed and determined a priori;
(b) but rather through the enforcement of
individual investigation conducted by a
competent body of psychiatrist and social
scientists.
CHARACTERISTICS OF POSITIVIST
THEORY
1. That man is subdued occasionally by a
strange and morbid phenomenon which
constraints him to do wrong, in spite of or
contrary to his volition.
2. That crime is essentially a social and
natural phenomenon, and as such, (a) it
cannot be treated and checked by the
application of abstract principles of law and
jurisprudence nor by the imposition of a
punishment fixed and determined a priori;
(b) but rather through the enforcement of
individual investigation conducted by a
competent body of psychiatrist and social
scientists.
g.3. Mixed or Eclectic Theory.
Combined positivist and classical thinking.
Crimes that are economic and social and
nature should be dealt with in a positive
manner thus, the law is more
compassionate. Heinous crimes should be
dealt in a classical manner thus capital
punishment.
h.What is mala in se?
singular: malum in se
term that signifies crime that is considered
wrong in and of itself. The phrase is Latin
and literally means wrong in itself.
 not their severity, but that the citizenry feels
they are morally wrong in and of
themselves, and require no outside reasons
to prove or justify their wrongness. For the
most part, these are crimes that directly and
visibly harm other people and their property,
since it's traditionally these kinds of crimes
that inspire the most fervent moral outrage.
describes an individual being guilty of a
crime because they did something that
broke a law of the land.
Refers to acts that would not be wrong but
for the fact that positive law forbids them.
Latin: ''wrong because it is prohibited.''

Example: masama magsinungaling. Alam applies in instances where something is

na ng mga tao na mali talaga siya and hindi
na kelangan pa na iprove na mali talaga
siya and masasaktan mo yung tao na kung
kanino ka nagsinungaling.
Anoter example: shoplifting - alam ng lahat
n amasama ang magnakaw
made criminal by a criminal statute.
crimes that are mala prohibita do not harm
people or property; they are typically
statutes which apply to minor crimes.
Moreover, mala prohibita crimes do not
usually require intent.

i. What is mala prohibita? Examples: gambling, or disorderly conduct.

Mali sila kasi pinoprohibit ang gambling.

j. Discuss the difference between mala in se and mala prohibita.

Mala in se Mala prohibita

basis Moral state of the offender; hence, good faith Voluntariness; hence, good faith or lack of
or lack of criminal intent is a defense. criminal intent is not a defense, unless intent
is an element of the crime such as in Sec. 3[e]
of RA 3019.

Modifying Taken into account in imposing the penalty on Not considered because the law intends to
circumstances the offender precisely because his moral trait discourage the commission of the act specially
is the basis of his crime. Hence, greater prohibited.
perversity deserves a higher penalty;
whereas, lesser depravity deserves mitigation.

Degree of Penalty is computed on the basis of whether The penalty on the offenders is the same as
participation the malefactor is a principal offender, or they are all deemed principals.
merely an accomplice or accessory.

Stage of The penalty imposed depends on whether the Violation of law is punished only when
accomplishment crime is consummated, frustrated or accomplished or consummated because intent
 attempted.
Moral turpitude Generally involve moral turpitude logically, so
for its basis is the moral state of the offender.
Law violated Generally, the Revised Penal Code.
Mala in se
May intent to commit the crime
Must be proven if may intent or wala
Mala prohibita
Intent is not an essential element
It is enough that a statue or law is violated
k.What is the pro reo doctrine?
“When in doubt, rule for the accused.”
↑ constitutional guarantee that the
accused ought to be presumed
innocent until and unless his guilt is
established beyond reasonable
doubt.
in dubio pro reo - In case of doubt, favor the
lesser penalty or liability.
Indeterminate Sentence Law
"to uplift and redeem valuable human
material, and prevent unnecessary and
excessive deprivation of personal liberty
and economic usefulness."
- To look kindly on the accused; the
court should adopt an application or
interpretation that is more favorable
tothe accused
l. Discuss Article 2 of the Revised
Penal Code.
is inherent in attempted or frustrated stage
and intent is not relevant in crimes mala
prohibita.
Not involved because the act would not have
been wrong if not for the prohibition of law.
Generally, special penal laws.
Article 2. Application of its provisions. -
Except as provided in the treaties and laws
of preferential application, the provisions of
this Code shall be enforced not only within
the Philippine Archipelago, including its
atmosphere, its interior waters and maritime
zone, but also outside of its jurisdiction,
against those who:
1. Should commit an offense while on a
Philippine ship or airship;
2. Should forge or counterfeit any coin or
currency note of the Philippine Islands or
obligations and securities issued by the
Government of the Philippine Islands;
3. Should be liable for acts connected with
the introduction into these islands of the
obligations and securities mentioned in the
preceding number;
4. While being public officers or employees,
should commit an offense in the exercise of
their functions; or
5. Should commit any of the crimes against
national security and the law of nations,
defined in Title One of Book Two of this
Code.
m. What is the English Rule?
English Rule dictates that the crimes
perpetrated under such circumstances are
in general triable in the courts of the country
within territory they were committed. This
means that crimes committed on board the
said vessel can be tried in the country
where they are committed.
General Rule: Crimes committed aboard a
foreign vessel within the territorial waters of
a country are triable in the courts of such
country.
Exception: When the crime merely affects
things within the vessel or it refers to the
internal management thereof.
English/American/Anglo-Saxon Rule
(Territoriality Principle or Situs of the Crime
Rule) - strictly enforces the territoriality of
criminal law or the place where the vessel
is.
n. What is the French Rule?
When the foreign country in whose territorial
waters the crime was committed adopts the
French Rule, which applies only to
merchant vessels, except when the crime
committed affects the national security or
public order of such foreign country.
Merchant vessels - carry people, raw
materials and manufactured goods safely
across the water but are different from
leisure craft and naval ships.
Leisure craft - for personal recreation
Naval ships - for military purposes
Cargo ships - transports goods and
materials from one port to another.
o.Discuss Article 3 of the Revised
Penal Code.
Article 3. Definition. - Acts and omissions
punishable by law are felonies (delitos).
Felonies are committed not only by means
of deceit (dolo) but also by means of fault
(culpa).
May felony either sinadya mo or not. Which
are punishable by law.
There is deceit when the act is performed
with deliberate intent; and there is fault
when the wrongful act results from
imprudence, negligence, lack of foresight, or
lack of skill.
p.What is a felony?
Art. 3. Definitions. — Acts and omissions
punishable by law are felonies (delitos).
Felonies are committed not only be means
of deceit (dolo) but also by means of fault
(culpa). There is deceit when the act is
performed with deliberate intent and there is
fault when the wrongful act results from
imprudence, negligence, lack of foresight, or
lack of skill
q.What are the elements of a felony?
1. There must be an act or omission
2. Punishable by law
3. Incurred by means of deceit or fault
r.What is dolo?
Felonies committed by means of deceit
There is deceit when the act is performed
with deliberate intent
s.What are the requisites of dolo?
● Deliberate Intent
● They may be by any positive acts or in
the form of omissions.
● Crimes by omission result when there is
a failure to act when required by law; a
refusal to do what the law commands
ELEMENTS
● Criminal intent on the part of the
offender.
 ○ The purpose to use a particular
means to effect such result
○ Intent to commit an act with malice,
being purely mental, is presumed.
○ Such presumption arises from the
proof of commission of an unlawful
act.
○ Its existence is shown by overt acts.
● Freedom of action on the part of
the offender in doing the act.
○ Voluntariness on the part of the
person to commit the act or omission
○ If without freedom, no longer a
human being but merely a tool.
● Intelligence on the part of the
offender in doing the act.
○ Capacity to know and understand
the consequences of one‘s act
(discernment: aware of the nature of
his action)
○ Without this power, necessary to
determine the morality of human
acts, no crime can exist.
E.g. Misprision of Treason, Arbitrary
Detention (Art.125), Failure to Issue
Receipts, Refusal to Render Assistance
Towards the Administration of Justice,
Abandonment of Persons in Danger of
Dying, Abandonment of Minors
Ex: KINALIMUTAN mo anak mo tas alam
mo naman na mamamatay yung baby pag
iniwan mag isa
t. What is culpa?
Means of fault there is fault when the
wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill.
Ex: NAKALIMUTAN mo yung baby pero di
mo alam na mamamatay pala siya pag
iniwan mo
u. What are the requisites of culpa?
Negligence
● Failure to take proper care of doing
something.
● Carelessness
● Non performance of duty
● Failure to use reasonable care, resulting
in damage or injury of another.
● “Kapabayaan”
Imprudence
● lack of precaution displayed in those
cases in which the damage impending
to be caused is not immediate nor the
danger clearly manifest (G.R. 235573)
● Deficiency of action
● Occurs when there is hurry, rashness,
insufficient consideration
● “Kawalang-ingat” or padalos dalos
Lack of skill or foresight
● a person fails to pay proper attention
and fails to use due diligence in
foreseeing the injury or damage
impending to be caused. a person fails
to take necessary precautions to avoid
injury to person or damage to property.
● Fails to pay close attention to detail,
failing to take precautionary measures
before the action.
● May nakaligtaan
v.Discuss the first paragraph of
Article 4 of the Revised Penal Code.
Article 4. Criminal liability. - Criminal liability
shall be incurred:
1. By any person committing a felony
(delito) although the wrongful act done be
different from that which he intended.
He who is the cause of the cause is the
cause of the evil caused.
There are three situations contemplated
under paragraph 1 of Article 4:
(1) Aberratio ictus or mistake in the blow;
(dolo | intended)
a person directed the blow at an intended
victim, but because of poor aim, that blow
landed on somebody else. In aberratio ictus,
the intended victim as well as the actual
victim are both at the scene of the crime.
Ex: si A ang babarilin dapat eh medyo
naduling yung babaril, sa ibang tao siya
napaputok
(2) Error in personae or mistake in identity
(dolo | intended)
the intended victim was not at the scene of
the crime. It was the actual victim upon
whom the blow was directed, but he was not
really the intended victim. There was really
a mistake in identity.
Ex: pag nakatalikod, si A at si B
magkamukha. Eh si C may galit kay A so
pinuntahan niya si A kasi babarilin niya
sana pero yung nung nabaril na niya, si B
pala yung nabaril niya kasi nga
magkamukha yung dalawa kapag
nakatalikod
Another example: may babarilin dapat tapos
ang tinanong nung babaril doon sa office ng
babarilin niya is “nasaan si thea?” tapos ang
pagkakarinig nung tinanong is nasaan si
bea so si bea ang tinuro tapos si bea rin
ang nabaril.
(3) Praeter intentionem or where the
consequence exceeded the intention.
(culpa | unintentional)
there must be a notable disparity between
the means employed and the resulting
felony. If there is no disparity between the
means employed by the offender and the
resulting felony, this circumstance cannot be
availed of.
Example:
Kunyari nag away si Jonas atsaka si
Chris, tapos sabi nila “oh ano ano ha ano”
tapos napikon si Jonas tinulak niya lang
slight si Chris, eh nadulas si Chris tapos
nabagok ulo niya. Wala naman sa
intention ni Jonas na madedsickles si
Chris pero since nadeds na si Chris di na
paguusapan yung intent to kill niya. Yung
consequence is nabagok ulo ni chris pero
ang intent lang naman ni Jonas is awayin
si Chris.
Intent to kill is only relevant when the
victim did not die.
2. By any person performing an act which
would be an offense against persons or
property, were it not for the inherent
impossibility of its accomplishment or on
account of the employment of inadequate or
ineffectual means.
w. What is the purpose of the first
paragraph of Article 4?
He who is the cause of the cause is the
cause of the evil caused.
- In this jurisdiction, a person
committing a felony is responsible
for all the natural and logical
consequences resulting from it
although the unlawful act performed
is different from the one he intended;
 w.1. Discuss People of the
Philippines v. Likiran, G.R. No.
201858, 04 June 2014.
F:
Ruling of RTC (malaybalay city branch 8)
likiran guilty of the crime of murder
penalty:
reclusion perpetua (30 years)
pay heirs of the victim:
50,000 - civil indemnity
50,000 - moral damages
30, 000 - actual damages
10,000 - attorney’s fee
● Mercado and Goloceno were inside the
dance area
● Dagangon and Sareno were outside the
dance area
● Jerome punched Mercado on the mouth
● Sareno was approached by Jerome and
shot several times
● loloy stabbed Sareno from the back
● Dagangon brought sareno to the
hospital but Sareno was already dead
● Goloceno saw Jerome with a short
firearm and loloy with a hunting knife
● Sareno suffered multiple gunshot
wounds and a stab wound at the left
scapular area
● Danganon - witness first hand (3
meteres away from the scene of the
crime)
● Loloy denied involvement
● loloy admitted that he was at the dance
but did not go to the commotion area
(not accepted since he cannot prove
that he was not at the crime scene)
● loloy said he and jerome stayed where
the sound machine was located and
only heard the gunshots outside
witnesses in defense of loloy
● Edgar indanon - stabbing was done by
unknown person and not loloy
● Eleuterio Quinopa - he was with loloy
and jerome inside the dance hall at the
time the commotion occured
rtc
= established loloy’s culpability
= rejected denial since there is no evidence
= alibi cannot favor loloy = not impossible
that he was at the scene of the crime
CA
= affirmed RTC decision in toto
= deviated from RTC conclusion that jerome
and loloy ganged up on the victim
= sustained finding of treachery
loloy protested
1. prosecution failed to establish his guilt
beyond reasonable doubt
2. prosecution failed failed to prove the
identity of the assailant and his
culpability
*court finds no congent reason to disturb
findings and conclusion of RTC
Jerome died on march 12 2005
I: was it murder or homicide?
H:
Not treachery yung ginawa ni loloy
- testimony of prosecution said that the
shooting and stabbing on Sareno was
a spur of the moment and a result of a
brawl. Jerome and loloy had no plans
to harm Sareno.
- Sareno was just an innocent
bystander
Treachery = intended act / conscious act
Victim has no means to retaliate
HELD OF SUPREME COURT:
deletes attorney’s fees (no record that the
heirs of Sareno incurred such expense
guilty of lesser crime - HOMICIDE
minimum - 10 years prision mayor medium
maximum - 14 years 8 months and 1 day
reclusion temporal
x.What is error in persone?
“Error in personae” or mistake in identity is
injuring one person who is mistaken for
another. The intended victim is not at the
scene of the crime. It is the actual victim
upon whom the blow was directed, but he is
not really the intended victim.
the intended victim was not at the scene of
the crime. It was the actual victim upon
whom the blow was directed, but he was not
really the intended victim. There was really
a mistake in identity.
Ex: pag nakatalikod, si A at si B
magkamukha. Eh si C may galit kay A so
pinuntahan niya si A kasi babarilin niya
sana pero yung nung nabaril na niya, si B
pala yung nabaril niya kasi nga
magkamukha yung dalawa kapag
nakatalikod
Another example: may babarilin dapat tapos
ang tinanong nung babaril doon sa office ng
babarilin niya is “nasaan si Kris?” tapos ang
pagkakarinig nung tinanong is nasaan si
chris so si chris ang tinuro tapos si bea rin
ang nabaril.
y.What is abberatio ictus?
a person directed the blow at an intended
victim, but because of poor aim, that blow
landed on somebody else. In aberratio ictus,
the intended victim as well as the actual
victim are both at the scene of the crime.
Ex: si A ang babarilin dapat eh medyo
naduling yung babaril, sa ibang tao siya
napaputok
z.What is praeter intentionem?
there must be a notable disparity between
the means employed and the resulting
felony. If there is no disparity between the
means employed by the offender and the
resulting felony, this circumstance cannot be
availed of.
Example:
Kunyari nag away si Jonas atsaka si Chris,
tapos sabi nila “oh ano ano ha ano” tapos
napikon si Jonas tinulak niya lang slight si
Chris, eh nadulas si Chris tapos nabagok
ulo niya. Wala naman sa intention ni Jonas
na madedsickles si Chris pero since nadeds
na si Chris di na paguusapan yung intent to
kill niya. Yung consequence is nabagok ulo
ni chris pero ang intent lang naman ni Jonas
is awayin si Chris.
aa. What is an impossible crime?
In an impossible crime, the acts performed
would have been considered a crime
against person or property, but they were
not accomplished because of their inherent
inability or because of inadequate or
ineffective means of execution.
2 kinds of impossibilities
Factual impossibility occurs when
extraneous circumstances unknown to the
actor or beyond his control prevent the
consummation of the intended crime.
Due to external circumstances, hindi naging
possible yung crime. (impossible because of
inherent possibility Article 4(2) revised penal
code)
Ex: nagnakaw ka pero walang pera yung
ninakawan mo. impossible siya kasi
nagnakaw ka pero malas mo walang
mananakaw so wala ka rin nanakaw.
Legal impossibility occurs where the
intended acts, even if completed, would not
amount to a crime.
Article 4(2) of Revised Penal Code (RPC)
makes an Impossible Crime a criminal act.
An Impossible Crime is committed by any
person performing an act which would be an
offense against persons or property, were it
not for the inherent impossibility of its
accomplishment or an account of the
employment of inadequate or ineffectual
means.
bb. What are the requisites of an
impossible crime?
(1) that the act performed would be an
offense against persons or property;
(2) that the act was done with evil intent;
(3) that its accomplishment was inherently
impossible, or the means employed was
either inadequate or ineffectual.
cc.What is the reason for punishing
impossible crime?
It must also be punished since the accused
can be a potential criminal and is a danger
to the public and society.
to punish criminal tendencies.
May tendency pa rin yung criminal and
ginawa niya pa rin, swerte lang nung victim.
cc.1. Discuss Intod v. Court of
Appeals, G.R. No. 103119, 21 October
1992
H:
[Intod filed a petition for review on RTC’s
(branch XIV oroquieta city) finding him guilty
of the crime of attemped murder]
● Sulpicio Intod, Jorge Pangasian,
Santos Tubio and Avelino Daligdig
wento to Salvador Mandatya’s house
(at kalugasan lopez jaena misamis
occidental)
● Mandaya intod pangasian tubio
daligdig wento to meet with Ancieto
Dumalangan
● Dumalangan wanted Palangpangan
dead because of a land dispute
● Dumalangan threatened Mandaya to go
with the other men or else he would also
be killed
● Intod mandaya, pangasian, tubio,
daligdig (with fire arms) went to
Palangpangan’s house.
● Mandaya pointed the location of
Palangpanga’s room and they shot the
room
● Palangpangan was in another city
● house was occupied by son-in-law of
Palangpangan
Intod = convicted of attempted murder
CA = petitioner was guilty of
attemped murder
Intod = seeked modification
I: Is it attempted murder or impossible
crime?
attempted murder - inattempt pero hindi
kumpleto (hindi complete murder)
impossible crime - due to outside
circumstances, naging impossible yung
crime (example: ninakawan ka pero wala ka
naman pera. naging impossible crime siya
kasi paano siya magiging robbery if wala
naman nakuha)
H:
petition of modification granted
guilty of IMPOSSIBLE CRIME
6 months of arresto mayor w/ accessory
penalties + pay costs
dd. Discuss Article 6 of the Revised
Penal Code.
Art 6. Consummated, frustrated, and
attempted felonies. - Consummated felonies
as well as those which are frustrated and
attempted, are punishable.
A felony is consummated when all the
elements necessary for its execution and
accomplishment are present; and it is
frustrated when the offender performs all
the acts of execution which would produce
the felony as a consequence but which,
nevertheless, do not produce it by reason of
causes independent of the will of the
perpetrator.
There is an attempt when the offender
commences the commission of a felony
directly by overt acts, and does not perform
all the acts of execution which should
produce the felony by reason of some
cause or accident other than his own
spontaneous desistance.
consummated - pinatay mo at namatay
Frustrated - pinatay mo pero hindi namatay
(na heal ng doctors for example)
Attempted - pinapatay mo pero hindi mo
natapos (may dumating na mga pulis)
ee.What are the elements of an
attempted felony?
Under Article 6., felonies are classified as
attempted felony when the offender
commences the commission of a felony
directly by overt acts, and does not perform
all the acts of execution which should
produce the felony by reason of some
cause or accident other than his own
spontaneous desistance;
Attempted - pinapatay mo pero hindi mo
natapos (may dumating na mga pulis)
1. Begins commission of felony over
overt acts
2. Does not perform all acts of
execution w/c would produce the
felony
3. Not stopped by himself
4. Non-performance due to
independent cause/accident
Cause - a pickpockets but B catches him
Accident - a shoots b but the gun jams and
does not fire
ff. What is an overt act?
An overt act is that act which if allowed to
continue in its natural course would
definitely result into a felony.
Physical act that indicates the intention of a
crime.
Ex: bumili ng explosives for the crime
gg.What are the elements of a
frustrated felony?
Frustrated - pinatay mo pero hindi namatay
(na heal ng doctors for example)
Performs all acts of execution
Would produce felony as a consequence
Felony not produced
hh. Distinguish between a material
crime and a formal crime.
Material crimes
May 3 stages:
Consummated - natapos
Frustrated - nabuhay ng doctors
Attempted - nahuli ka ng pulis
Formal crimes
Formal crimes are crimes which are
consummated in one instance.
For example, in oral defamation, there is no
attempted oral defamation or frustrated oral
defamation; it is always in the consummated
stage.
ii.What are the elements of a
consummated felony?
consummated felony when all the elements
necessary for its execution are present.
(Natapos yung crime at namatay (for
murder for example))
Consummated felonies as well as those
which are frustrated and attempted, are
punishable.
A felony is consummated when all the
elements necessary for its execution and
accomplishment are present; and it is
frustrated when the offender performs all
the acts of execution which would produce
the felony as a consequence but which,
nevertheless, do not produce it by reason of
causes independent of the will of the
perpetrator.
Elements:
1) Felony is not consummated
2) Felony is not committed
3) Another felony was accomplished
jj.Discuss the manner of committing
a crime.
Formal Crimes - those which are
consummated by a single act (ex. Slander,
adultery)
Crimes consummated by mere attempt
(ex. Attempt to flee to an enemy country,
treason) nagrready ka pa lang crime na siya
agad
Felonies by omission - There can be no
attempted stage because the offender does
not execute acts. He omits to perform an act
which the law requires him to do. Di niya
ginawa kasi nga sabi sa batas
Crimes committed by mere agreement -
The offer made by one of the parties to the
other constitutes attempted felony, if the
offer is rejected. - In view of this rule, it
would seem that there is no frustrated
bribery but in People v. Diego Quin, SC
ruled that if the public officer returned the
money given by the defendant, there is
frustrated bribery.
Material crimes - There are three stages of
consummation: attempted, frustrated and
consummated
kk.What is conspiracy?
Article 8. Conspiracy and proposal to
commit felony. - Conspiracy and proposal to
commit felony are punishable only in the
cases in which the law specially provides a
penalty therefor.
A conspiracy exists when two or more
persons come to an agreement concerning
the commission of a felony and decide to
commit it. (penal code)
ll. What is proposal to commit
conspiracy?
There is proposal when the person who has
decided to commit a felony proposes its
execution to some other person or persons.
Person who decided to commit felony: so
ganito gagawin natin today.
Person who decided to commit - so
kelangan kasama siya
REQUISITES OF PROPOSAL
1. Person has decided to commit a felony
2. Proposes execution to other parties
*actual proposal made is enough to incur a
felony; does not need acceptance from
other people
No proposal when:
1. Person is not determined to commit
felony
2. No concrete and formal proposal
3. Not the execution of felony proposed
mm. Is proposal to commit
conspiracy a crime?
ARTICLE 8 of the RPC provides:
Conspiracy and proposal to commit felony
are punishable only in the cases in which
the law specially provides a penalty therefor.
The agreement itself is the crime, BUT at
least one co-conspirator must take an “overt
act” in furtherance of the conspiracy. Under
the conspiracy statute: The agreement by
two or more persons is the essence of the
crime.
nn. What is the quantum of proof to
establish conspiracy?
Direct proof not needed to prove conspiracy.
It can be judged by the collective acts
before, during, and after the commission of
the crime.
• All are equally guilty regardless of their
role
• Must be proved beyond reasonable doubt
• Positive and conclusive evidence needed.
nn.1. Discuss People of the
Philippines v. Henry Ortiz, G.R. No.
111713, 27 January 1997.
H:
● Helen Catadman’s daughter (bday)
● Henry, Danilo and ernesto attended the
bday
● Renato arrived at 9:00 pm
● tinanong nila henry bakit galit si Renato
sa kanila pero di sumasagot si Renato
not until sa pangatlong tanong na
● Renato: “Bakit pinag tutulungan ninyo
ako”
● Renato stood up
● Henry slapped renato and pulled him out
of the house
● henry slapped renato again and renato
hit his head on the pavement
● Renato stood up but was hit again by
henry
● Renato stood up and ran towards the
gate
● ernesto was holding an about 18 inches
long wood
● henry left the scene
● (outside the gate) ernesto hit renato at
the back of his head
● danilo stabbed renato with a 6-inch ice
pick
● renato attempted to stand
● ernesto stabbed Renato w/ balisong
● ernesto and danilo ran away
● renato was placed in tricycle but dies on
the way
Cause of death = cardiorespiratory arrest
due to shock and hemorrhage secondary to
stab wound on the chest.
LOWER COURT DECISION = Henry is
charged with murder
I: Reclusion temporal,
was there conspiracy? Perpetual or temporary absolute
is henry an accomplice to the murder? disqualification,
is Cresencia Medenilla’s testimony valid? Perpetual or temporary special
disqualification,
H: Prision mayor.
a. no evidence of conspiracy and yung Correctional penalties:
sa sinabi ni henry n “sige na Prision correccional,
saksakin niyo na” Arresto mayor,
b. no, because he left the scene… his Suspension,
act was not an added reason for the Destierro.
cause of death but is civilly liable Light penalties:
because he slapped renato Arresto menor,
c. 1st testimony: henry left the scene Public censure.
affidavit: ernesto and danilo were the Penalties common to the three preceding
only ones mentioned as suspect classes:
retaken testimony: henry was at the Fine, and
scene of the crime Bond to keep the peace.
● retook her testimony because she Accessory Penalties
can only speak in waray but the Perpetual or temporary absolute
affidavit was in tagalog and didn’t disqualification,
use interpreter on second testimony Perpetual or temporary special
disqualification,
Henry is ACQUITTED of the crime charged Suspension from public office, the right to
must pay 3,000.00 as damages vote and be voted for, the profession or
an alias warrant (when the subject fails to calling.
show in court) be issued for the immediate Civil interdiction,
arrest of the other two accused is Indemnification,
AFFIRMED. Forfeiture or confiscation of instruments and
proceeds of the offense,
Payment of costs.
oo. What is a grave felony?
pp. What is a less grave felony?
Grave felonies are those to which the law
attaches the capital punishment or Less grave felonies are those which the law
penalties which in any of their periods punishes with penalties which in their
are afflictive, in accordance with article 25 maximum period are correctional, in
of this Code. accordance with the abovementioned
Monetary penalty = 6,000+ article.
Monetary fine / penalties: 200-6000
Capital punishment:
Death. Correctional Penalties:
Afflictive penalties: 1. Prision Correccional (6m.1d-6y)
Reclusion perpetua, 2. Arresto Mayor (1m.1d-6m)
3. Suspension (6m.1d-6y) conviction. (afflictive, capital, correctional
4. Destierro (6m.1d-6y) penalties, light penalties)

qq. What is a light felony? accessory penalties - usually kasama ng

principal penalties katulad ng reclusion
Light felonies are those infractions of law for Perpetua.
the commission of which the penalty of Example of accessory penalties:
arresto menor or a fine not exceeding 200 Perpetual or temporary absolute
pesos or both, is provided. disqualification, Perpetual or temporary
special disqualification, Suspension from
What are LIGHT FELONIES punished by public office, the right to vote and be voted
the RPC? for, the profession or calling. Civil
1. Slight physical injuries interdiction, Indemnification, Forfeiture or
2. Theft confiscation of instruments and proceeds of
3. Alteration of boundary marks the offense,
4. Malicious mischief
5. Intriguing against honor. Capital punishment:
● Death.
Light felonies are those infractions of law for
the commission of which the penalty of: Afflictive penalties: yung penalty dapat
1. arresto menor (1-30 days) mag cause ng suffering
2. fine not exceeding PHP200 ● Reclusion Perpetua,
3. OR BOTH. ● Reclusion temporal,
● Perpetual or temporary absolute
rr. Discuss Article 10 of the Revised disqualification,
Penal Code. ● Perpetual or temporary special
disqualification,
ARTICLE 10. Offenses Not Subject to the ● Prision mayor.
Provisions of this Code. — Offenses which
are or in the future may be punishable Correctional penalties: para lang maitama
under special laws are not subject to the yung behavior
provisions of this Code. This Code shall be Prision correccional,
supplementary to such laws, unless the Arresto mayor,
latter should specially provide the contrary. Suspension,
Yung laws na magiging or is punishable Destierro. - banishment or prohibition from
under special laws, hindi siya subject saa residing within 25 kilometers from the actual
provision of the Revised Penal Code residence
Magssupplement lang si rpc sa spl
Light penalties:
● Arresto menor,
ss. What are the principal penalties
● Public censure.
stated in Article 25 of the Revised
Penal Code. Penalties common to the three preceding
Principal penalties are those expressly classes:
imposed by the court in rendering a
Fine, and
Bond to keep the peace.
tt. How is criminal liability totally
extinguished according to Article 89
of the Revised Penal Code? Discuss
each.
Article 89. How criminal liability is totally
extinguished. - Criminal liability is totally
extinguished:
1. By the death of the convict, as to the
personal penalties; and as to pecuniary
penalties, liability therefor is
extinguished only when the death of the
offender occurs before final judgment.
Pag namatay before the final judgment, the
convict’s penalties and liability is
extinguished.
2. By service of the sentence.
Pag natapos mo na yung sentence mo,
extinguish na yung criminal liability
3. By amnesty, which completely
extinguishes the penalty and all its
effects.
Amnesty - official pardon granted classes of
persons who have been convicted of
political offenses (G.R. L-1278)
Given by the president
4. By absolute pardon.
Pardon granted to a person
Effects of conviction andoon pa rin
Si president lang pwede magbigay
5. By prescription of the crime.
Crimes punishable by death, reclusion
perpetua or reclusion temporal shall
prescribe in twenty years. Crimes
punishable by other afflictive penalties shall
prescribe in fifteen years
Wala na karapatan yung state na iprosecute
yung tao within a time
Tapos na yung penalties and liabilities
kapag natapos mo yung prescribed penalty
sayo like yung year or yung time na
kelangan mo iserve
6. By prescription of the penalty.
Mawawala yung power of government to
sentence in a period of time.
7. By the marriage of the offended
woman, as provided in Article 344 of this
Code.
Article 344. Prosecution of the crimes of
adultery, concubinage, seduction,
abduction, rape and acts of lasciviousness.
It will not be prosecuted without including
both sidews of the party and without
complaint.
Papakasalan yung kabit or pag nagpakasal
sila nung offender and offended
uu. What are the prescription periods
stated in Article 90 of the Revised
Penal Code?
Article 90. Prescription of crime. - Crimes
punishable by death, reclusion perpetua or
reclusion temporal shall prescribe in twenty
years.
Death =20 years
Crimes punishable by other afflictive
penalties shall prescribe in fifteen years.
Punishable by other afflictive penalties = 15
years (reclusion perpetua reclusion
temporal etc.
Those punishable by a correctional penalty
shall prescribe in ten years; with the
exception of those punishable by arresto
mayor, which shall prescribe in five years.
Correctional penalty = 10 years (arresto
mayor, destierro suspension etc)
Except Arresto mayor = 5 years
The crime of libel or other similar offenses
shall prescribe in one year.
Crime of libel or other similar offenses = 1
year
The crime of oral defamation and slander by
deed shall prescribe in six months.
Crime of oral defamation and slander by
deed = 6 months
Light offenses prescribe in two months.
Light offenses = 2 months (arresto menor)
When the penalty fixed by law is a
compound one, the highest penalty shall be
made the basis of the application of the
rules contained in the first, second and third
paragraphs of this article. (As amended by
Republic Act No. 4661, approved June 19,
1966.)
vv. What is the reason for
prescription?
Prescription of crime:
termination of the right or power to
prosecute and to punish the offender, after
the lapse of a definite period from the
commission of the offense, or if this is not
known, from the day of its discovery and the
beginning of the judicial proceedings
Termination of the right or power to
prosecute or punish an offender after a
period of time from the commission of the
offense, or if unknown, from the day of its
discovery and the beginning of judicial
proceedings
crimes ought to have prescriptive periods to
limit the overwhelming power of the State
against a citizen.
State which has superior machinery in
prosecuting a crime and gathering pieces of
evidence in proving such
framers of the Constitution probably thought
that, since the State has this overwhelming
power, it also has the capacity to fabricate
pieces of evidence just to prosecute a crime
Kaya may prescriptive periods para
malimitahan yung overhwelming power ng
state against sa citizens kasi yung state ang
may machinery na mag gather ng
evidences. So naisip ng framers ng
constitution ay since may power nga si
state, may power din siya na mag fabricate
ng evidence para lang mag prosecute ng
crime. Also, if matatagalan pa, bumnababa
yung reliability ng testimonies and old
documents.
Ww. Discuss prescription of offenses
under Article 91 of the Revised Penal
Code?
Article 91. Computation of prescription
of offenses. - The period of prescription
shall commence to run from the day on
which the crime is discovered by the
offended party, the authorities, or their
agents, and shall be interrupted by the filing
of the complaint or information, and shall
commence to run again when such
proceedings terminate without the accused
being convicted or acquitted, or are
unjustifiably stopped for any reason not
imputable to him.
Magsstart yung period of prescription on the
day the crime is discovered. Tapos
maiinterrupt kapag nag file ng complaint or
information and then magsstart ulit kapag
na terminate yung proceedings ng hindi
nacoconvict or na aaquit yung accused.
Pwede rin if na stop siya for reasons na not
to blame for yung nag act ng crime
The term of prescription shall not run when
the offender is absent from the Philippine
Archipelago.
xx. Discuss civil liability ex delicto.
The claim for civil liability is also
extinguished together with the criminal
action if it were solely based thereon, i.e.,
civil liability ex delicto.
Civil liability ex delicto is the liability sought
to be recovered in a civil action deemed
instituted with the criminal case. (gr 192391)
Ex: may nabangga ka na kotse. So
kelangan mo bayaran yung may ari kasi
nagasgasan mo yung sasakyan niya
Every person criminally liable is also civilly
liable, crime being one of the five sources of
obligations under the Civil Code. (gr 150785)
xx. 1. Discuss People of the
Philippines v. Bayotas, G.R. No.
102007, 02 September 1994
F:
● Rogelio Bayotas y Cordova charged
with rape
● pending appeal of his conviction
● Bayotas died on Feb 4 1992
● supreme court dismissed the criminal
aspect of the appeal
I:
does the death of the accused pending
appeal of his conviction extinguish his civil
liability?
H:
1. death of the accused pending
appeal of his conviction extinguishes
his criminal liability (based solely
thereon)
2. claim for civil liability survives
notwithstanding the death of
accused;
sources of obligation which civil
liability may arise as a result of the
same act or ommisionm:
a) law
b) contracts
c) quasi-contracts
d) …
e) quasi-delicts
3. if (sources of obligation above) an
action for recovery therefor may be pursued
but only by way of filing a separate civil
action
4. The statute of limitations on the
civil liability is deemed uninterrupted during
the pendency of the criminal case
● death of bayotas extinguished his
criminal liability and civil liability
● appeal of Rogelio Bayotas is
DISMISSED.
Guilty of rape pero nag petition tapos
namatay nung nagpetition siya
People vs. Yusico
Judge Kapunan observed that as "the civil
action is based solely on the felony
committed and of which the offender might
be found guilty, the death of the offender
extinguishes the civil liability."
People of the Philippines v. Bonifacio Alison
Death extinguished criminal liability and civil
liability.
Buenaventura Belamala v. Marcelino
Polinar
civil action for damages was to be
considered .
civil action of the offended party under
Article 33 may still be enforced separately.
Lamberto Torrijos v. The Honorable Court of
Appeals
the extinction of civil liability occurs after the
extinction of criminal liability
iniimply ng korte na dismissed yung
recovery for the money pag namatay yung
defendant tas BEFORE the ruling, edi
pwede ituloy yung recovery AFTER the
ruling

People v. Sendaydiego, et al
Sendaydiego was charged with and
convicted by the lower court of malversation
thru falsification of public documents
The criminal action is extinguished when the
accused dies while appealing his conviction
because there is no longer a defendant to
stand as the accused; the civil action
initiated therein for recovery of civil liability
is extinguished because it is based on the
criminal.

This case also invoked Section 21, Rule 3

of the Rules of Court
Pag daw may involved na money claims,
pwede daw ituloy yung civil
Justice Regalado disagreed:
Said Section 21 of Rule 3 is a rule of civil
procedure in ordinary civil actions. There is
neither authority nor justification for its
application in criminal procedure to civil
actions instituted together with and as part
of criminal actions.