Topics Covered in

Frequently Asked Questions in

Political and Public International Law
Curated by Atty. Victoria V. Loanzon

Brief Notice: Take note that this review material contains directional
questions which you will find helpful during your preparation for the bar
examinations.

BILL OF RIGHTS: HIERARCHY OF RIGHTS

1. Question: Enumerate the hierarchy of rights which enjoys constitutional protection.
Answer: The rights which enjoy constitutional protection may be ranked, as follows:
1. Political and Civil Rights
2. Economic and Social Rights
3. Environmental Rights
2. Question: Explain why property rights prevail over the freedom of expression.
Answer: Property rights may not prevail over the freedom of expression. The freedom of
expression and the right to peaceably assemble are superior to property rights. (PBM Employees
Association v. PBM Co., G.R. L-31195, June 5, 1973)
DUE PROCESS – THE RIGHTS TO LIFE, LIBERTY AND PROPERTY
1. Question: What are the two types of due process?
Answer: The two types of due process are substantive due process and procedural due process.
2. Question: What are the elements of due process?
Answer: The elements of due process are notice and hearing.
3. Question: What are the two types of due process?
Answer: The two types of due process are substantive due process and procedural due process.
4. Question: What are the elements of due process?
Answer: The elements of due process are notice and hearing.
5. Question: Distinguish between constitutional due process and statutory due process?
Answer: Constitutional due process emanates from the fundamental law of the land itself and
protects the individual from the government and assures him of his rights in criminal, civil and
administrative proceedings. (Agabon v. NLRC)
Upon the other hand, statutory rights emanate from rights granted by laws enacted by Congress,
issuances of the President and other administrative agencies as well as ordinances enacted by
local government units.
6. Question: What is the concept of relativity of due process?
Answer: Due process is flexible because not all situations calling for procedural safeguards call
for the same procedure. (Secretary of Justice v. Lantion)
Reminders –
Amendment of the Charter of the BSP and the concept of constitutional relativity of a law
Exclusion from naval facility of a cafeteria worker to protect national security issue

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BILL OF RIGHTS: RIGHT TO PRIVACY
1. Question: Explain the scope of the coverage of correspondence and communication under the
right to privacy.
Answer: The coverage of correspondence and communication under the right to privacy includes
letters, messages, telephone calls, e-mails and other social media platforms.
Reminder –
Lawful order of the court or when public safety or in the interest of public order may require the
individual to forego with this constitutional protection.
BILL OF RIGHTS: RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES
1. Question: What are the elements of a valid warrant?
Answer: The requisites of a valid warrant are:
1. Existence of probable cause;
2. Determination of probable cause to be personally determined by the judge;
3. Determination was made by the judge upon examination under oath or affirmation;
4. The complainant and the witnesses testified based on their personal knowledge; and
5. The warrant must particularly describe the place to be searched, persons or objects to be
searched.
BILL OF RIGHTS: WARRANTLESS SEARCH
Question: Cite instances when warrantless search may be considered valid.
Answer: Warrantless search may be resorted to under the following circumstances:
1. Search is incident to a lawful arrest;
2. Prohibited article was found in plain view;
3. Search of a moving vehicle;
4. Enforcement of customs law;
5. Routine searches at borders and ports of entry to enforce immigration laws, quarantine,
national security, and customs laws;
6. Waiver on the part of the person being searched; and
7. Searches of business establishment to enforce police regulation.
BILL OF RIGHTS: WAIVER OF THE RIGHT AGAINST UNREASONABLE
SEARCHES AND SEIZURES
Question: Explain when there can a valid waiver of the right against unreasonable search and
seizures.
Answer: To establish the waiver of the right against unreasonable search and seizures, the
following requisites must be met:
First, the right exists;
Second, the person involved had knowledge of the existence of the right, whether actual or
constructive; and
Third, the said person had actual intention to relinquish the right. (De Gracia v. Locsin,
65 Phil. 689, June 20, 1938)
Reminders -
Signature as a mechanical act
Terry Search
Stop and Frisk Search (Luz v. People, 667 SCRA 421 [2012])
BILL OF RIGHTS: PLAIN VIEW DOCTRINE
Question: What are elements of valid seizure under the plain view doctrine?
Answer: The elements of valid seizure based on the plain view doctrine are:

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 1. A prior valid intrusion;
2. The evidence is inadvertently discovered by the law enforcers who have the right to be there;
3. The evidence must be immediately apparent; and
4. “Plain view” justified the seizure of the evidence without any further search. (Valeroso v.
People)
BILL OF RIGHTS: WARRANTLESS ARREST
Question: Cite instances when warrantless arrest is considered valid:
Answer: Warrantless arrest may be resorted to under the following circumstances:
1. Offense is being committed in the presence of the arresting officers;
2. Arresting officers were in hot pursuit of the offender; and
3. The person sought to be arrested is an escapee.
BILL OF RIGHTS: EXCLUSIONARY RULE
Question: What is the exclusionary rule under Section 2 of Article III?
Answer: The Constitution provides that any evidence obtained in violation against unreasonable
searches and seizures is inadmissible for any purpose.
Reminders -
Coverage of the constitutional guarantee – privacy of the person himself and inviolability of his
home and possessions.
Grant of entry does not allow room to room search.
BILL OF RIGHTS: DISPOSITION OF OBJECTS SEIZED
Reminders -
Rule on illegally seized objects: Distinguish if the objects are illegal in nature. If they illegal by
themselves, the trial court may order immediate destruction after due determination.
Rule on custodia legis – No evidence may destroyed or disposed of until after court proceedings
are terminated or when immediate destruction is warranted.
The objection against reasonable search and seizure is purely personal.
Warrantless search arising from exigent circumstance may be justified [coup de etat]. (People v.
Rolando de Gracia et al., 233 SCRA 729)
BILL OF RIGHTS: FREEDOM OF EXPRESSION
1. Question: What forms of communication are entitled to the constitutional protection of
freedom of expression?
Answer: All forms of communication are entitled to the broad protection of the freedom of
expression clause whether oral, written, tape or disc recorded. (Eastern Broadcasting
Corporation v. Secretary Dans, G.R. No. L-59329, July 19, 1995)
2. Question: Compare the two tests applied in cases involving freedom of expression clause.
Answer: The overbreadth and void for vagueness doctrines are the applicable tests to challenge
the constitutionality of a law involving freedom of expression clause.
An act is vague when it lacks comprehensible standards that men of common intelligence must
necessarily guess at its common meaning and differ as to its application. A vague statute is
repugnant to the Constitution in two respects 1. It violates due process for failure to accord
persons, especially the parties targeted by it, fair notice of what conduct to avoid; and 2. It leaves
law enforcers an unbridled discretion in carrying out its provisions and becomes an arbitrary
flexing of the government muscle. [Southern Hemisphere v. Anti-Terrorism Council, Carpio-
Morales, J., G.R. No. 178552, October 5, 2010]

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The overbreadth doctrine decrees that "a governmental purpose may not be achieved by means
which sweep unnecessarily broadly and thereby invade the area of protected freedoms." [Southern
Hemisphere, supra]
While the general rule prohibits the facial challenge involving penal laws, the Court has admitted
the following instances as exceptions:
a. The statute is challenged as applied; or
b. The statute involves free speech
Rationale: Statute may be facially challenged in order to counter the “chilling effect” of the same.
[Disini v. Sec. of Justice, G.R. No. 203335, February 11, 2014]
3. Question: Distinguish between as applied doctrine from facial challenge.
Answer: Distinguished from an as-applied challenge which considers only extant facts affecting
real litigants, a facial invalidation [challenge] is an examination of the entire law, pinpointing its
flaws and defects, not only on the basis of its actual operation to the parties, but also on the
assumption or prediction that its very existence may cause others not before the court to refrain
from constitutionally protected speech or activities. [Ibid,]
4. Question: What are the four aspects of freedom of the press?
Answer: The four aspects of freedom of the press are:
a. Freedom from prior restraint;
b. Freedom from punishment subsequent to publication;
c. Freedom of access to information; and
d. Freedom of circulation (Chavez v. Gonzalez, [2008])
Reminders -
Prior restraint - Official government restrictions in advance of publication or dissemination are
not countenanced.
Exception to the rule on prior restraint: when country is in a state of war
Freedom from subsequent punishment - Reason for the rule: Systems of subsequent
punishment may have the effect of curtailing expression.
5. Question: Explain the tests of valid exercise of freedom of expression.
Answer: The tests of valid exercise of freedom of expression are:
(1) Clear and present danger test: The clear and present danger test features two independent
conditions: first, the speech must impose a threat that a substantive evil might follow, and
second, the threat is a real, imminent threat. The question in every case, according to Justice
Holmes, is whether the words used are used in such circumstances and are of such a 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,
249 U. S. 47]
(2) Balancing of interests test: Under this test, the Court may balance the interest in freedom of
speech against the interest that the infringing statute seeks to protect or a governmental action
against the degree to which it restricts expression. The balancing of interest test is used as a
standard when courts need to balance conflicting social values and individual interests and
requires a conscious and detailed consideration of the interplay of interests observable in a
given situation of type of situation. [Chavez v. Sec. Gonzales, G.R. No. 168338, February 15,
2008]
(3) Dangerous tendency test: Under this test, if the words uttered create a dangerous tendency
which the state has a right to prevent, then such words are punishable. It is not necessary that

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 some definite or immediate acts of force, violence, or unlawfulness be advocated. It is
sufficient that such acts be advocated in general terms. Nor is it necessary that the language
used be reasonably calculated to incite persons to acts of force, violence or unlawfulness. It is
sufficient if the natural tendency and probable effect of the utterance be to bring about the
substantive evil the utterance be to bring about the substantive evil which the legislative body
seeks to prevent. [Gitlow vs. New York, 268 U.S. 652]
(4) Direct incitement test: This provides that the government may prohibit speech advocating
the use of force or crime if the speech satisfies both elements of the two-part test:
a. The speech is “directed to inciting or producing imminent lawless action;” and
b. The speech is “likely to incite or produce such action.” [Brandenburg v. Ohio, 395 US
444 (1969)]
BILL OF RIGHTS: STATE REGULATION OF FREEDOM OF EXPRESSION
1. Question: Argue why a private mass media company refuse to accept any advertisement
without violating the freedom of speech clause.
Answer: A private mass media company may refuse to accept any advertisement without
violating the freedom of speech clause because the clause is a limitation on state action and not
on action of private parties. (Carey v. Population Services International, 431 US 678 [1977])
2. Question: Explain why COMELEC may not prohibit the display of tarpaulins or decals in the
premises of a church which show preference or opinion on political candidates.
Answer: The COMELEC may not prohibit the use of tarpaulins or decals in the premises of a
church which show preference or opinion on political candidates. This covered by the freedom of
expression. (Diocese of Bacolod v. COMELEC)
3. Question: Explain why private and government speech would apply to public officers.
Answer: The issue in private and government speech would apply to public officers. A limited
intrusion into a person's privacy has long been regarded as permissible where that person is a
public figure and the information sought to be elicited from him or to be published about him
constitute of a public character. Succinctly put, the right of privacy cannot be invoked to resist
publication and dissemination of matters of public interest. (Ayer Productions Pty. Ltd. v. Hon.
Capulong, 160 SCRA 861[1999])
4. Question: Explain why a public officer may not recover damages in the discharge of his
duties.
Answer: A public officer may not recover damages for defamatory falsehood relating to his
official conduct unless he proves that it was made with knowledge that it was false or with
reckless disregard of whether it was false or not. (Borjal v. Court of Appeals, 301
SCRA1[1991])
5. Question: Compare and contrast content-based restraint and content-neutral regulation.
Answer: Content-based regulation regulates the message or idea and may distort public debate.
Government may impose sanction out of fear. (Osmena v. COMELEC, G.R. No. 132231, March
4, 1998)
The test which the Court will apply is the strict scrutiny test.
Upon the other hand, content-neutral test merely controls the time, place or manner of the
information relayed. Only a substantial government interest is required for its validity.
The intermediate approach test is applied in this case since the restriction is not greater than
necessary. (Chavez v. Gonzales, G.R. No. 168338, February 15, 2008)
6. Question: Explain the Heckler’s Veto.

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Answer: The Heckler’s Veto is a government action which attempts to ban protected speech
because it might provoke a violent response. (Roe v. Crawford, 514, F. 3d 789, January 22,
2008)

Bill of Rights: State Regulation of Freedom of Expression

Special topics in free expression cases

a. Hate speech: Hate speech is defined as speech intended to degrade, intimidate, or incite
violence or prejudicial action against certain social groupings
Laws against hate speech can be divided into two types: those intended to preserve public
order and those intended to protect human dignity.
b. Defamation and libel: Under Article 353 of the Philippines Revised Penal Code, libel is
defined as “a public and malicious imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status or circumstance tending to cause dishonor,
discredit or contempt of a natural or juridical person, or to blacken the memory of one who is
dead.
The Cyber Crime Law also punishes libel for articles posted on the internet.
c. Sedition and speech in relation to rebellion: When a fictitious suicide photo and letter
were published in newspapers of general circulation expressing disappointment in the Roxas
administration and instructing a fictitious wife to teach their children to burn photos of the
President, the Court held that such act constitutes inciting to sedition. Such utterance
suggests or incites rebellious conspiracies or riots and tends to turn the people against the
constituted authorities, or to provoke violence from opposition groups who may seek to
silence the writer, which is the sum and substance of the offense under consideration.
[Espuelas v. People, G.R. No. L-2990 (1951)]
d. Obscenity/pornography: Webster’s Dictionary defines “pornography” as “writings,
pictures, etc. intended primarily to arouse sexual desire.”
The U.S. Supreme Court laid out “basic guidelines” for jurors in obscenity cases in its 1973
decision Miller v. California. These include:
1. Whether the average person, applying contemporary community standards,
would find that the work, taken as a whole, appeals to the prurient interest.
2. Whether the work depicts or describes, in a patently offensive way, sexual
conduct specifically defined by the applicable state law.
3. Whether the work, taken as a whole, lacks serious literary, artistic, political or
scientific value.
e. Commercial speech: The test to be applied to regulations on commercial speech includes:
(1) Speech must not be false, misleading, or proposing an illegal activity; (2) Government
interest sought to be served by regulation must be substantial; (3) The regulation must
advance government interest; and (4) The regulation must not be overbroad. [Central Hudson
Gas & Elec. v. Public Svc. Commission, 447 U.S. 557 (1980)]
f. National emergencies: In times of national emergencies, the government may impose
certain restrictions to protect itself against utterances intended to weaken its power of self
defense.

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 g. Speech of public officers: Even if the defamatory statement is false, no liability can attach
if it relates to official conduct, unless the public official concerned proves that the statement
was made with actual malice — that is, with knowledge that it was false or with reckless
disregard of whether it was false or not. [Vasquez v. CA, G.R. No. 118971 (1999), citing New
York Times Co. v. Sullivan, 376 U.S. 254 (1964)]

BILL OF RIGHTS: RIGHT TO BE INFORMED OF A PERSON UNDER CUSTODIAL

INVESTIGATION
Question: What are rights of a person under custodial investigation?
Answer: A person under custodial investigation has the following rights:
1. The right to remain silent;
2. Anything he says can be used against him;
3. The right to a competent and independent counsel of his own choice; and if he cannot afford
one, he will be given one;
4. The rights can be waived in writing and in presence of counsel. (Miranda v. Arizona, 384
US 436)
BILL OF RIGHTS: RIGHT TO COUNSEL
Question: Under what circumstances may a person invoke his right to counsel?
Answer: A person may invoke his right to counsel during –
1. Custodial investigation
2. Preliminary investigation
3. Arraignment
4. Promulgation of judgment
BILL OF RIGHTS: RIGHTS OF THE ACCUSED/RIGHT TO BAIL
1. Question: Explain the right to bail.
Answer: The right to bail is a constitutional guarantee available to the accused to be extended
provisional liberty. The posting of a bail assures that court of the presence of the accused when
he is required to attend a court proceeding.
2. Question: When is bail a matter of right?
Answer: Bail is a matter of right before or after conviction by the first level court and before
conviction by the RTC for an offense not punishable by death, reclusion perpetua or life
imprisonment.
3. Question: When is bail discretionary?
Answer: Bail is discretionary before conviction by RTC of an offense punishable by death,
reclusion perpetua or life imprisonment and upon conviction for an offense not punishable by
death, reclusion perpetua or life imprisonment.
Reminders -
General Rule: The right is available to all accused.
Exception to the Rule: The right is not available in a situation when the offense committed is
punishable by reclusion perpetua and the evidence of guilt is strong.
Exception to the exception: Despite the presence of the two concurring factors, the court may
still grant bail by considering the personal circumstances of the accused. (Enrile v.
Sandiganbayan)
BILL OF RIGHTS: RIGHT TO CRIMINAL DUE PROCESS
Question: Enumerate the requisites of criminal due process.
Answer: The following are the requisites of criminal due process:

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 1. Hearing by a court with competent jurisdiction;
2. Accused is proceeded against in an orderly process of law;
3. Accused is guaranteed notice and opportunity to be heard; and
4. Hearing before judgment and judgment to be rendered within the authority of constitutional
law. (Mejia v. Hon. Pamaran, 160 SCRA 457)
BILL OF RIGHTS: RIGHT TO BE INFORMED OF AN ACCUSED
Reminders -
1. An accused is entitled to notice when the crime in the information is upgraded. [Rolito Go v.
Court of Appeals]
2. When there is a variance in information and evidence presented in trial, the accused can only
be convicted for the lesser offense.
3. Custodial investigation is limited to oral testimony.
4. A barangay official can conduct custodial investigation.
5. Voluntary surrender of a suspect does not entitle him to custodial rights.
6. When the custodial rights begin as soon as the liberty of movement is restrained.
7. An admission before media reporters and any other person not charged with the duty to
conduct custodial investigation is admissible in evidence.
BILL OF RIGHTS: RIGHT TO IMPARTIAL TRIAL
A prosecutor who conducted the preliminary investigation and who filed the information cannot
try the same case in the event he is appointed as judge.
Application of the rules on inhibition and disqualification of judges may be invoked by the
accused in such a situation.
BILL OF RIGHTS: RIGHT TO PUBLIC TRIAL
A trial is public when attendance is open to all irrespective of the relationship to defendants.
(Garcia v. Hon. Domingo, L-301104, July 25, 1973)
Public may be excluded when the evidence to be presented is characterized as “offensive to
decency or public morals.” (In Re: Request for Media Coverage of Maguindanao Massacre)
BILL OF RIGHTS: RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL IN
CRIMINAL CASES
Question: Does the grant of several postponements on the part of the prosecution violate the right
to speedy trial?
Answer: No, this does not violate the right to speedy trial provided that the postponement is for
justifiable reason. (People v. Leviste, 255 SCRA 238)
BILL OF RIGHTS: THE RIGHT TO SPEEDY DISPOSITION OF CASES
1. Question: Enumerate the instances when the right to speedy disposition of cases may be
invoked:
Answer: The right to speedy disposition of cases may be invoked in all administrative, quasi-
judicial and judicial proceedings.
3. Question: Enumerate the factors to be considered if one is entitled to the constitutional
protection of the right of speedy disposition of cases.
Answer: The factors to be considered if one is entitled to the constitutional protection of the right
of speedy disposition of cases are:
a. Length of delay
b. Reason for the delay
c. Assertion of the right
d. The delay causes prejudice to the accused (Cagang v. Sandiganbayan)

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BILL OF RIGHTS: RIGHT TO PRESUMPTION OF INNOCENCE AND THE RIGHT
TO BE HEARD
Question: What are the essential guarantees of the right of presumption of innocence and the
right to be heard?
Answer: First, no person shall be held to answer for an offense without due process of law.
Second, one is presumed innocent until the contrary is proved.
BILL OF RIGHTS: RIGHT TO CONFRONT WITNESSES
Question: What are included in the right to confront witnesses?
Answer: The right to confront witnesses allows the accused the opportunity to cross examine an
adverse witness to prove his innocence; and also gives the opportunity for the trial court to
observe the deportment of the witnesses.
BILL OF RIGHTS: TRIAL IN ABSENTIA
Question: When may the court proceed with trial despite the absence of the accused?
Answer: The court may proceed with the trial despite the absence of the accused provided the
following requisites are met:
1. Valid arraignment;
2. Notice of Hearing; and
3. Failure of the accused to appear is unjustified. (Maganto v. Sandignabayan)
BILL OF RIGHTS: RIGHT AGAINST SELF-INCRIMINATION
1. Question: What is coverage of the right against self-incrimination?
Answer: The coverage of the right against self-incrimination refers to testimonial evidence only.
Reminder -
A. Order to produce sample of handwriting to be used as evidence against him
B. Right against self-incrimination may be invoked in an administrative proceeding.
2, Question: Explain the scope of the right against self-incrimination.
Answer: The right against self-incrimination is available in any proceedings, even outside the
court, for they may eventually lead to a criminal prosecution. This is provided under Section 12
of Article III when a person is under custodial investigation when a suspect is informed that he
has the right to remain silent.
The right is also available under the following circumstances:
(1) In an administrative hearing against a medical practitioner for alleged malpractice,
respondent Board of Medical Examiners cannot, consistently with the self-incrimination
clause, compel the person proceeded against to take the witness stand without his
consent. [Arsenio Pascual, Jr. v. Board of Medical Examiners, G.R. No. L-25018, May
26, 1969]
(2) Proceedings for forfeitures are generally considered to be civil and in the nature of
proceedings in rem. In general, both at common law and under a constitution provision
against compulsory self-incrimination, a person may not be compelled to answer any
question as a witness which would subject him to a penalty or forfeiture or testify in
action against him for a penalty. [Gen. Manuel Cabal v. Hon. Kapunan, G.R. No. L-
19052, December 29, 1962]
(3) The right of the accused against self-incrimination is extended to respondents in
administrative investigations that partake of the nature of or are analogous to criminal
proceedings. The privilege has consistently been held to extend to all proceedings
sanctioned by law; and to all cases in which punishment is sought to be visited upon a
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 witness, whether a party or not. [Standard Chartered Bank v. Senate Committee on
Banks, G.R. No. 167173, December 27, 2007]

2. Question: Explain the concept of transactional immunity.

Answer: The state has adopted measures intended to gain successful prosecution by granting
criminal immunity to one who acts as a state witness. Immunity can be in the nature of “use
immunity” or “transactional immunity. “Use immunity” prohibits use of a witness’ compelled
testimony and its fruits in any manner in connection with the criminal prosecution of the witness.
“Transactional immunity” grants immunity to witness from prosecution for an offense to which
his compelled testimony relates. [Saturnina Galman v. Hon, Pamaran, G.R. Nos. 71208-09
August 30, 1985]
BILL OF RIGHTS: RIGHT AGAINST DOUBLE JEOPARDY
1. Question: What is the effect of the dismissal of a criminal case for failure to prosecute?
Answer: The dismissal of the case bars the state from a subsequent prosecution of the accused
for the same offense.
Reminder -
Effect of dismissal of preliminary investigation does not in any way terminate the case. (Tandoc
v. Judge Resultan, G.R. No. 59241-44, July 5, 1989)
Instances which result to termination of a case: conviction, acquittal, dismissal on the merits,
dismissal without the express consent of the accused
2. Question: Enumerate the requisites of double jeopardy?
Answer: The requisites of double jeopardy are:
(1) Court of competent jurisdiction;
(2) A complaint/ information sufficient in form and substance to sustain conviction;
(3) Arraignment and plea by the accused; and
(4) Conviction, acquittal, or dismissal of the case without the consent of the accused. (Ivler v. Hon. San
Pedro)
Reminders -
Lejano v. People: Right to appeal belongs only to the state
People v. Webb: the defense of alibi of a co-accused in a conspiracy benefits all others
People v. Hon. Regala: prosecution under RPC and prosecution under an ordinance constitutes double
jeopardy
Ting v. People: Demurrer to evidence amounts to a ruling on the merits and bars further prosecution.
BILL OF RIGHTS: RIGHT AGAINST EX POST FACTO LAW
Question: Define ex post facto law.
Answer: An ex post facto law has been defined as one-
(a) which makes an action done before passing of the law and which was innocent before
enactment now becomes criminal, and punishes such action;
(b) which aggravates a crime or makes it greater than when it was committed;
(c) which changes the punishment and inflicts a greater punishment than the law annexed to the
crime when it was committed;
(d) which alters the legal rules of evidence and receives less or different testimony to convict the
accused;
(e) which imposes a penalty or deprivation of a right which when done prior to enactment was
lawful;
(f) deprives a person accused of a crime of some lawful protection to which he has become
entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty;

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(g) shortens the prescriptive period for a crime; or
(h) DOJ gives a different interpretation of a penal law which subsequently prejudiced the
accused.
The foregoing were cited in Mekin v. Wolfe [1903], In Re: Kay Villegas Kami [1970] and
People v. Sandiganbayan [1993].
Please note where the Court had denied the Ombudsman jurisdiction over cases before the RTC
but later reversed the decision while the case was already before the Sandiganbayan, there is no
ex post facto law because there was no new law passed. (Castro v. Judge Deloria [2009])
New jurisprudence: Senator Jinggoy Estrada v. Sandiganbayan – The Court upheld as
constitutional the amendment of AMLA.
Lacson v. Executive Secretary [1999]: In general, ex post facto law prohibits the retrospectivity
(retroactive effect) of penal laws. R.A. 8249 is not a penal law but a substantive law on jurisdiction which
is not penal in character. The contention that the new law diluted the right to a two-tiered appeal because
“the right to appeal is not a natural right but statutory in nature that can be regulated by law.”
BILL OF RIGHTS: RIGHT AGAINST A BILL OF ATTAINDER
1, Question: Define a bill of attainder.
Answer: A bill of attainder is a legislative act which inflicts punishment without judicial trial. If the
punishment be less than death, the act is termed a bill of pains and penalties. (Cummings v. State of
Missouri, 4 Wall 277, 323 [U.S., 1867])
2. Question: Enumerate the elements of a bill of attainder.
Answer: A bill of attainder has the following essential elements:
1. There must be a legislative measure;
2. The legislative measure imposes a penal burden on a named individual or easily ascertainable
members of a group; and
3. The penal burden is imposed directly by the legislative measure without judicial trial.
FUNDAMENTAL POWERS OF GOVERNMENT
1. Question: What are the inherent powers of government?
Answer: The three inherent powers of government are:
(1) Police power
(2) Power of eminent domain
(3) Power of taxation
2. Question: What are the requisites for the valid exercise of police power?
Answer: The requisites for the valid exercise of police power are:
(1) Lawful purpose and
(2) Lawful means
3. Question: What are the requisites for the valid exercise of the power of eminent domain?
Answer: The requisites for the valid exercise of the power of eminent domain are:
(1) Taking of private property
(2) Taking is for a public purpose
(3) Property owner is paid just compensation determined after due hearing
PUBLIC INTERNATIONAL LAW
BASIC CONCEPTS
1. Question: What are the distinct areas covered by Public International Law?
Answer: The three distinct areas covered by Public International Law are:
(1) Law on Peace
(2) Law on War
(3) Law on Neutrality
2. Question: What are the primary sources of Public International Law?

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Answer: The primary sources of public international law are:
(1) international conventions, whether general or particular, establishing rules expressly
recognized by the contesting states;
(2) international custom, as evidence of a general practice accepted as law;
(3) the general principles of law recognized by civilized nations; and
(4) subject to the provisions of Article 59, judicial decisions and teaching of the most highly
qualified publicists of the various nations, as subsidiary means for the determination of
rules of law. (Article 38, Statute of the International Court of Justice)
3. Question: What are obligations erga omnes?
Answer: Obligations erga omnes are obligations of every state toward the international
community as a whole and those arising vis-à-vis another State in the field of diplomatic
protection.
An erga omnes obligation exists because of the universal and undeniable interest in the
perpetuation of critical rights (and the prevention of their breach).
Examples of obligations erga omnes:
(1) Outlawing of acts of aggression;
(2) Prohibition of genocide;
(3) Upholding the principles and rules concerning the basic rights of the human person,
including protection from slavery and racial discrimination;
(4) Respect for the right to self-determination; and
(5) Honoring the environment of common space
4. Question: What is jus cogens?
Answer: Jus cogens (from Latin: compelling law; from English: peremptory norm) refers to
certain fundamental, overriding principles of international law. It is a body of
peremptory principles or norms from which no derogation is permitted. It includes
norms recognized by the international community as a whole as being fundamental
to the maintenance of an international legal order.
Examples of jus cogens:
(1) Prohibitions against genocide, slavery, racial discrimination
(2) War crimes
(3) Crimes against humanity
(4) Slavery
(5) Piracy
5. Question: What is ex aequo et bono?
Answer: Ex aequo et bono is a Latin term which means what is just and fair or according to
equity and good conscience.
It is a term often used in international law when a matter is to be decided according to principles
of equity rather than by points of law. Article 38(2) of the Statute of the International Court of
Justice provides that the court may decide cases ex aequo et bono, if the parties agree thereto.
Reminder -
In the context of arbitration, ex aequo et bono refers to the power of the arbitrators to dispense
with consideration of the law and consider solely what they consider to be fair and equitable in
the case at hand. Article 33 of the United Nations Commission on International Trade Law's
Arbitration Rules (1976) provides that the arbitral tribunal should decide as ex aequo et bono
only if the parties have expressly authorized the arbitral tribunal to do so and if the law
applicable to the arbitral procedure permits such arbitration.

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International Law and National Law
Question: In case of conflict between international law and national law which should prevail?
Answer: Where there is a constitutional guarantee to be accorded to an individual, the national
law must prevail. (Hongkong, SAR v. Hon. Olalia)
If a choice has to be made between an international law and a national law, the latter must be
upheld. (Tanada v. Angara)
Reminders -
Theory of Incorporation: International laws are adopted as part of a state’s municipal law, by a
general provision or clause found in the Constitution.
Theory of Transformation: An international law becomes part of the law of the land through a
constitutional mechanism. (Section 21, Article VII, 1987 Constitution, PHCAP v. Secretary
Duque III)
PRINCIPLES WHICH GOVERN STATE JURISDICTION
1. Question: Discuss the principles which govern state jurisdiction.
Answer: The following principles govern state jurisdiction:
(1) Territoriality Principle: Under this principle, crimes committed within a state’s geographical
boundaries and persons within the territory are subject to application of local laws.
The principle admits of the following exceptions:
(i) Continuing offenses;
(ii) Acts prejudicial to the national security;
(iii) International crimes; and
(iv) Offenses covered by special agreement
(2) Universality Principle: Under this principle, a state has jurisdiction over offenses considered
as universal such as piracy, war crimes and crimes against humanity.
(3) Nationality Principle: Under this principle, a state has jurisdiction over its nationals
anywhere in the world.
(4) Protective Principle: Under this principle, a state has jurisdiction over acts committed abroad
deemed prejudicial to national security or vital interest.
(5) Passive Personality Principle: A state may exercise jurisdiction over an individual for
offenses committed abroad which have affected or will affect its nationals.
STATE RESPONSIBILITY
1. Question: What is the Calvo Clause?
Answer: It is a provision in an agreement between a private individual and a foreign state
that says that "aliens are not entitled to rights and privileges not accorded to nationals, and
that, therefore, they may seek redress for grievances only before local authorities."
Under the Calvo Clause, a claimant waives the right to apply to his or her government or to
another forum for protection if a claim is denied by local authorities.
The Calvo clause is a doctrine of Mexican law which holds that judgments rendered by foreign
courts purporting to affect title to real property in Mexico are unenforceable as against the public
interest in Mexico, and contrary to the exclusive sovereignty of Mexico over its realty. In
essence, it is an automatic forum selection clause in favor of Mexico.
Reminder -
Once a state admits an alien, it becomes its obligation to afford protection to that alien.

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If the alien dies, or should suffer an injury, it may give rise to liability of the accepting state for
international tort. (Restatement of Law, Third Edition, American Law Institute)

LAW OF THE SEA

1. Question: What is an archipelago?
Answer: An archipelago is a body of water studded with islands.
2. Question: Argue the claim made by the Philippines to the “waters around, between and
connecting the islands of the archipelago?”
Answer: The claim of the Philippines is based on the archipelagic principle under UNCLOS and
that the contested waters form part of the internal waters of the country. There was no award of
damages in favor of the Philippines despite the fact of the finding that China damaged the coral
reefs of the Philippines and reclaimed portions of the Philippine Exclusive Economic Zone. The
underlying reason for this is that UNCLOS only covers maritime zones and naturally formed
islands and rocks and not artificial or reclaimed lands.
Reminder -
Article I, The Territory, 1987Constitution
Scope of Philippine territory: (1) the Philippine archipelago; (2) all other territories over which
the Philippines has sovereignty or jurisdiction; (3) territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas covering the archipelago and all other territories
consisting of terrestrial, fluvial and aerial domains.
3. Question: Define baselines?
Answer: Baselines are lines drawn along the low water mark of a coastal state which end with
the internal waters and mark the beginning of the territorial sea.
Signatories to UNCLOS must comply with its provisions to demarcate its own baselines.
Reminder -
Issues resolved under Magallona v. Executive Secretary Ermita case:
(1) Philippine territory: The amended law did not alter Article I of the Constitution.
(2) Philippine Baselines Law (R.A. 9522): The amended law demarcates the extended
continental shelf of the Philippines pursuant to UNCLOS III.
(3) Philippine claim over KIG, the Scarborough Shaol and sovereignty over Sabah: The
amendment did not forego with any claim of the Philippines. UNCLOS has nothing to do
with loss or acquisition of territory.
4. Question: Explain the straight baseline method of determining the territorial water of a coastal
state.
Answer: The method consists of drawing straight lines connecting appropriate points on the
coast without departing to any appreciable extent from the general direction of the coast. The
lines will distinguish the internal waters from the territorial waters.
Reminders -
Article 5, UNCLOS: Definition of baselines (lines from which the territorial sea, the contiguous
zone and the exclusive economic zone are measured)
Article 5, UNCLOS: Definition of normal baseline method (territorial sea is drawn from the low
water mark of the coast following sinuosities and curvatures, excluding the internal waters.
5. Question: Explain the nature of UNCLOS.
Answer: The UNCLOS, as an international agreement, balances state sovereignty with the
freedom of the high seas. Under the agreement, a coastal state is granted varying degrees of
sovereign rights over the different zones of the sea including the high seas.

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6. Question: Enumerate the maritime zones under UNCLOS?
Answer: The maritime zones under UNCLOS are:
(1) Internal waters
(2) Territorial waters
3. Contiguous Zone
4. Exclusive Economic Zone
5. Extended Continental Shelf
Reminders -
Rights over maritime zones
Mare clausum and Mare liberum
Right of Innocent Passage (UNCLOS)
Designation of International Sea lane
Right of Overflight (Chicago Convention on International Civil Aviation of 1944)
Chicago Convention on International Civil Aviation of 1944
Article 5: The aircraft of states, other than scheduled international air services, have the right to
make flights across state's territories and to make stops without obtaining prior permission.
However, the state may require the aircraft to make a landing.
Article 6: (Scheduled air services) No scheduled international air service may be operated over
or into the territory of a contracting State, except with the special permission or other
authorization of that State.
7. Question: Argue why a coastal state is not allowed to acquire a territory under the provisions
of UNCLOS.
Answer: No, a coastal may not do so. UNCLOS does not involve the acquisition or loss of
territory. It merely regulates sea use rights and maritime zones particularly rights over contiguous
zone, exclusive economic zone and the continental shelf. (UNCLOS III)
INTERNATIONAL HUMANTARIAN LAW AND NEUTRALITY
1. Question: What is International Humanitarian Law?
Answer: International humanitarian law is a set of rules which seeks, for humanitarian reasons,
to limit the effects of armed conflict. It protects persons who are not or are no longer
participating in the hostilities and restricts the means and methods of warfare.
Reminders -
Areas covered by IHL:
(1) the protection of those who are not, or no longer, taking part in fighting; and
(2) restrictions on the means of warfare – in particular weapons – and the methods of warfare,
such as military tactics.
Scope of protection: IHL protects those who do not take part in the fighting, such as civilians
and medical and religious military personnel. It also protects those who have ceased to take part,
such as wounded, shipwrecked and sick combatants, and prisoners of war.
Persons covered by IHL are entitled to respect for their lives and for their physical and mental
integrity. They also enjoy legal guarantees. They must be protected and treated humanely in all
circumstances, with no adverse distinction.
Under IHL, it is forbidden to kill or wound an enemy who surrenders or is unable to fight; the
sick and wounded must be collected and cared for by the party in whose power they find
themselves. Medical personnel, supplies, hospitals and ambulances must all be protected.
2. Question: When does international humanitarian law apply?

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Answer: International humanitarian law applies only to armed conflict between states. It does
not cover internal tensions or disturbances such as isolated acts of violence. The law applies
only once a conflict has begun, and then equally to all sides regardless of who started the
fighting.

3. Question: Distinguish between international armed conflict and non-international armed

conflict?
Answer: International armed conflicts are those in which at least two States are involved.
They are subject to a wide range of rules, including those set out in the four Geneva Conventions
and Additional Protocol I.
Upon the other hand, non-international armed conflicts are those restricted to the territory of a
single state, involving either regular armed forces fighting groups of armed dissidents, or armed
groups fighting each other.
4. Question: What are the restrictions on employment of weapons and tactics under IHL?
Answer: IHL prohibits all means and methods of warfare which:
(1) fail to discriminate between those taking part in the fighting and those, such as civilians,
who are not, the purpose being to protect the civilian population, individual civilians and
civilian property;
(2) cause superfluous injury or unnecessary suffering; and
(3) cause severe or long-term damage to the environment.
IHL bans the utilization of exploding bullets, chemical and biological weapons, blinding laser
weapons and anti-personnel mines.
5. Question: Who are lawful combatants under IHL?
Answer: The lawful combatants under IHL are those who may lawfully take part in hostilities
are those who would be entitled to prisoner-of-war status if captured.
Article 4 of the third Geneva Convention of 1949 and Article 43 of the first Protocol of
1977provide that a lawful combatant is generally a member of the armed forces of a state. The
term also includes members of the merchant marine and inhabitants of unoccupied territory
who, on the approach of the enemy, spontaneously take up arms to resist the invading forces
until the territory has been occupied.
Rules to be observed:
1. An unprivileged belligerent, or a franc-tireur, may be punished if captured.
2. A spy is in a unique position, since he is often a member of the armed forces of a state; but if
he acts in disguise in the zone of operations of an enemy in order to obtain information to
pass on to his own forces, he may be punished provided he has a trial.
3. A mercenary is not protected at all; he has the right to be neither a combatant nor a prisoner
of war.
NEUTRALITY IN PUBLIC INTERNATIONAL LAW
Question: Explain the concept of neutrality in Public International Law.
Answer: Neutrality (derived from the Latin neuter: neither of each) is defined in international
law as the status of a state which is not participating in an armed conflict between other states.
Neutral status gives rise to rights and duties in the relationship between the neutral state on one
hand and the parties to the conflict on the other. (Oxford Public International Law)
INTERNATION COURT OF JUSTICE
Question: What is the jurisdiction of the International Court of Justice?

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Answer: The International Court of Justice is the principal judicial organ of the United Nations
which decide contentious cases and renders advisory opinions.
Only states, including non-members of the U.N. may be parties to contentious cases.
The jurisdiction of the ICJ is based the consent of the parties in accordance “optional jurisdiction
clause.” (Art. 65, Statute of the ICJ)

Reminder -
Matters for resolution of the ICJ may include, among others, the following:
(1) Interpretation of treaties
(2) Any question of international law
(3) The existence of facts which constitutes breach of international relations
(4) Advisory Opinion may be extended upon request of the U.N. General Assembly, the
Security Council, other organs of the U.N. when authorized by the General Assembly.
INTERNATIONAL HUMAN RIGHTS
Question: What are the fundamental rights under public international law?
Answer: The fundamental rights guaranteed under public international law are:
(1) Right to life, liberty and security of person (Article 3 of the Universal Declaration of Human
Rights); and
(2) Right to social security, realization of economic, social and cultural rights (Article 22,
UDHR)
(4) Environmental rights
Reminders -
Distinction between nationality and statelessness
Nationality defines the relationship between an individual and a state.
Stateless person is one who is not considered a national of any state.
Consequences of statelessness:
(1) No state can intervene or complain on his behalf for any injury sustained;
(2) He cannot be expelled by the state if he is lawfully admitted in the territory; and
3. He cannot enjoy the benefits or protection of citizenship.
DIPLOMATIC AND CONSULAR LAW
Question: Who are agents of diplomatic intercourse?
Answer: The following are agents of diplomatic intercourse:
(1) Heads of State
(2) Foreign Secretary or Minister
(3) Members of the Diplomatic Service
(4) Special Diplomatic Agents appointed by the Head of State; and
(5) Envoys Ceremonial (Vienna Convention on Diplomatic Relations)
Reminders -
Functions of diplomatic mission
Members of Diplomatic Mission (ANEMIC):
(1) Ambassadors
(2) Papal Nuncio
(3) Envoys
(4) Public Ministers
(5) Consuls
Diplomatic immunities (Articles 22-36, Vienna Convention on Diplomatic Relations)

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(1) Inviolability of correspondence/archives;
(2) Freedom of movement and travel;
(3) Immunity from jurisdiction for acts performed in official capacity;
(4) Exemption from certain taxes and duties;
(5) Exemption from any form of arrest or detention; and
6. Consuls may be held may be held criminally liable
Reminders -
Restrictive and absolute state immunity
WHO v. Aquino: Officials of WHO stationed in Manila are exempt from import taxes on their
personal belongings.
Liang v. People: An accredited diplomat can only claim immunity in the discharge of his
official duties.
Holy See v. Hon. Del Rosario: The sale of a real property owned by the Holy See is an act of
sovereignty.
In transitu doctrine allows a diplomat to claim immunity until he arrives at his designated post.
ROME STATUTE AND THE INTERNATIONAL CRIMINAL COURT
1. Question: What is the Rome Statute?
Answer: The Rome Statute is the treaty that established the International Criminal Court. It was
adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July
2002. Among other things, the statute establishes the court’s functions, jurisdiction and structure.
2. Question: What is the jurisdiction of the ICC?
Answer: The Rome Statute established four core international crimes: genocide, crimes against
humanity, war crimes and the crime of aggression. ICC has jurisdiction over crimes only if they
are committed in the territory of a state party or if they are committed by a national of a state
party; an exception to this rule is that the ICC may also have jurisdiction over crimes if its
jurisdiction is authorized by the U.N. Security Council.
Reminders -
Pimentel, Jr. v. Office of the Executive Secretary [2005]: The Court cannot compel the
President to submit a treaty or international agreement for concurrence of the Senate.
Effectivity of Treaty: Once 2/3 of all members of the Senate concurs to a treaty, it becomes valid
and effective.
Withdrawal from the ICC (Youngstown Rule):
1. The President has the sole prerogative to withdraw.
2. The President may invoke the treaty provision on withdrawal.
3. The Senate may provide conditions before the President can withdraw from a treaty.
LAW ON PUBLIC OFFICERS
Impeachment
1. Question: Who are the public officers who subject to impeachment?
Answer: The following are the public officers who are subject to impeachment:
(1) The President
(2) The Vice-President
(3) The members of the supreme Court
(4) The members of the CSC, COMELEC and COA
(5) Ombudsman
2. Question: What are the grounds for impeachment?
Answer: The following are the grounds for impeachment:

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 (1) culpable violation of the Constitution;
(2) treason;
(3) bribery;
(4) graft and corruption;
(5) other high crimes; or
(6) betrayal of public trust
3. Question: Can an impeachable officer be removed through quo warranto proceedings?
Answer: Yes, an impeachable officer be removed through quo warranto proceedings.
In Republic v. Sereno, the Supreme Court held that the Chief Justice can be removed through a
petition filed by the state if it can establish that the appointment suffers from any substantive
infirmity.
Reminders –
Distinguish between quo warranto proceedings and impeachment
SALN Requirement (basis of Corona’s and Sereno’s ouster from office)
Procedure before the House of Representatives
Francisco, Jr. v. House of Representatives: No two impeachment complaints may be filed
within a one-year period.
Gutierrez v. House of Representatives: Joint referral of two distinct impeachment
complaints may be done if the adopted rules allow it.
Procedure before the Senate: The members take a separate oath when the act members of the
impeachment tribunal.
Rule on Presiding Officer: The Senate President acts as Presiding Officer in all impeachment
proceedings except when President is on trial, it is the Chief Justice who presides.
Judicial Relief of the Impeachable Officer: An impeachable officer may seek the intervention
of the Supreme Court.
Effects of Impeachment –
1. Removal from office
2. Perpetual disqualification from holding any public office
3. The convicted public officer shall nevertheless be liable and subject to prosecution, trial, and
punishment, according to law. (Note: After conviction as a result of impeachment, the public
officer may be granted pardon by the President)
REMOVAL FROM OFFICE OF MEMBERS OF THE SENATE AND THE HOUSE OF
REPRESENTATIVES
1. Question: Enumerate the instances when members of the Senate and the House of
Representatives be removed during their incumbency?
Answer: A member of the Senate or the House of Representatives may be expelled by a vote of
two thirds of its members.
A member of Congress may not also no longer serve after exhausting the term limit rule,
resignation during the term, commission of a crime punishable by more than 6 years and one day,
conviction of a crime and death during the term of office.
POWERS OF THE OMBUDSMAN
1. Question: What are the powers of the Ombudsman?
Answer: The following are the powers of the Ombudsman:
(1) Investigatory powers: fact-funding powers to determine administrative, civil and criminal
liability of a public officer
(2) Prosecutory powers: before lower courts and the Sandiganbayan

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(3) Impose sanctions: fines, suspension, demotion or removal
2. Question: May a person question the action of the Ombudsman before the regional trial court?
Answer: No, the regional trial court has no power to review any action of the Ombudsman.
(Erice v. RTC Caloocan Judge Sison [2017])

3. Question: Is the Court of Appeals precluded from reviewing the action of the Ombudsman
considering that the latter is a constitutionally created body?
Answer: No, the Court of Appeals may in the exercise of its general jurisdiction may be called
upon to review any action of the Ombudsman. (Ombudsman v. C.A., Mayor Binay et al.)
Reminders -
(1) Aguinaldo or the condonation doctrine: After November 10, 2015, an elective public
officer can no longer claim condonation of an administrative liability even if he was re-
elected for the same or different position.
(2) Nature of preventive suspension and its effect: A preventive suspension is not a penalty.
During this period, the public officer receives no compensation.
(3) Right to recover backwages in case of preventive suspension; in case of wrongful
dismissal: Once absolved, the public officer receives all his backwages until he is
reinstated.
(4) Right to travel during trial: The trial court may withhold the travel of an accused public
officer but may likewise lift the same provided the accused post sufficient sureties.
(5) Nature of ultra vires act: An ultra vires act is one performed beyond the scope of
authority.
(6) Right to recover counterclaim for damages: The right to claim counterclaim is possible
when act is attended with malice.
RIGHT TO RECOVER ILL-GOTTEN WEALTH -
1. The right of the state to recover properties unlawfully acquired by public officials or
employees, from the or from theirs nominees of transferees, shall not be barred by prescription,
laches or estoppel. (Section 15, Article XI)
2. The authority to issue sequestration or freeze orders under Proclamation No. 3 dated March
25, 1986, in relation to the recovery of ill-gotten wealth shall remain operative for not more
than eighteen months after the ratification of this Constitution. However, in the national
interest, as certified by the President, the Congress may extend such period.
A sequestration or freeze order shall be issued only upon showing of a prima facie case. The
order and the list of the sequestered or frozen properties shall forthwith be registered with the
proper court. For orders issued before the ratification of this Constitution, the corresponding
judicial action or proceeding shall be filed within six months from its ratification. For those
issued after such ratification, the judicial action or proceeding shall be commenced within six
months from the issuance thereof.
The sequestration or freeze order is deemed automatically lifted. (Section 26, Article XVIII)
LAW ON PUBLIC OFFICERS: MODES AND KINDS OF APPOINTMENT
Question: What is the nature of an ad interim appointment issued by the President?
Answer: An ad interim appointment issued by the President partakes of a permanent
appointment. (Summers v. Ozaeta)
Reminders -
(1) Matibag v. Benipayo- Ad interim appointments partake of permanent appointments.

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 (2) Brillantes v. Acting COMELEC Chairman Yorac – An acting appointment is not allowed in
CSC, COMELEC and COA.
(3) Funa v. Villar – A promotional appointment is possible only when there is an unexpired
portion of the 7-year term of the Chairman.
2. Question: Is the President authorized to appoint a member of the Civil Service Commission in
an acting capacity?
Answer: No, the President is not authorized to appoint a member of the Civil Service
Commission in an acting capacity. (Section 1(2), B. Article IX, 1987 Constitution)
MODES AND KINDS OF APPOINTMENT
Reminders -
Permanent and Temporary Appointments
Co-terminus, confidential positions
Career and non-career positions
Prohibition on mass appointments
NEPOTISM
General Rule on nepotism in appointments (3rd civil degree of consanguinity or affinity;
Dacoycoy v. Civil Service Commission and CSC v. Cortes)
Exceptions:
(1) Teachers
(2) Military officers
(3) Medical doctors
(4) Confidential employees
POWERS AND DUTIES OF PUBLIC OFFICERS
Question: Enumerate some of the powers and duties of public officers.
Answer: Some of the powers and duties of public officers are the following:
(1) To be accountable to the people;
(2) To serve the people with utmost responsibility, integrity, loyalty and efficiency;
(3) To act with patriotism and justice; and
(4) To lead modest lives. (Section1, Article XI)
Other duties include:
(1) Duty to submit under oath SALN; and
(2) To owe allegiance to the state and the Constitution at all times;
Reminder –
All acts of public officers which are erroneous, or irregular will not constitute a bar for the state
to challenge those acts. The state is not bound such erroneous or irregular acts.
DE FACTO AND DE JURE PUBLIC OFFICERS
Question: Distinguish a de facto officer from a de jure public officer
Answer: A de facto officer refers to an officer holding a colorable right or title to the office
accompanied by possession. The lawful acts of an officer de facto, so far as the rights of third
persons are concerned, when done within the scope and by the apparent authority of office, are
valid and binding.
Upon the other hand, a de jure officer is legally elected or appointed and possesses all the
qualifications to the office.

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APPOINTIVE and ELECTIVE PUBLIC OFFICER
Question: Distinguish between an appointive and an elective public officer.
Answer: Appointive public officer meets all the qualifications while an elective public officer
receives a direct mandate from the voters.
ELIGIBILITY AND QUALIFICATION REQUIREMENTS
Question: Distinguish between eligibility and qualification.
Answer: Eligibility is the state of having the necessary qualifications for a specific position in
government while qualification may be understood as either an endowment, qualities and
attributes required of a position; or the act of entering into the performance of the functions of a
public office.
IMMUNITY OF PUBLIC OFFICERS
Question: Cite instances when a public officer may not invoke immunity from suit.
Answer: The instances when a public officer may not invoke immunity from suit are following:
(1) When acts performed were done in unlawful or injurious manner;
(2) When acts were performed in bad faith;
(3) When acts are purely personal; and
(4) Suit is to compel to perform a mandatory duty.
THE CIVIL SERVICE
Question: Enumerate the institutions covered by the civil service?
Answer: The civil service embraces all branches, subdivisions, instrumentalities, and agencies of
the Government, including government-owned or controlled corporations with original charters.
(Section 2(1), Article IX B, 1987 Constitution)
Reminders
Non-stock foundations organized under the Corporation Code funded out of public funds are
considered GOCCs (Orlondo v. COA).
MECO is not considered part of the government bureaucracy under the One China policy but
funds received for consular services and other authentication of public documents are subject to
COA audit. (Funa v. COA and MECO)
TERM LIMITS
Question: Enumerate the term limits for elective public officers.
Answer: The term limits for elective public officers are:
(1) President: one term of 6 years
(2) Vice President and Senators: two terms or a total of 12 years
(3) Members of HOR: three terms or a total of nine years
(4) Local Officials elected under the Local Government Code: three terms or a total of nine
years
Reminders -
Appointment with a fixed term – determine whether there is no renewal for another term
Holdover principle – must be provided for by law
Co-terminus appointments – end at the term of office of the appointing authority
Loss of trust and confidence as basis for termination of office
DISABILITIES AND INHIBITIONS OF PUBLIC OFFICERS
1. Question: Enumerate disqualifications to hold public office.
Answer: The disqualifications are -
(1) Losing candidates cannot be appointed after the lapse of one year after the election;

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 (2) No elective official can be appointed or designated in any capacity to any public office or
position during his tenure;
(3) Unless provided by law, no appointive official may hold any other office;
(4) The Members of the Supreme Court and of other courts established by law shall not be
designated to any agency performing quasi-judicial or administrative function.
(5) The President, Vice-President, the Members of the Cabinet, and their deputies or assistants
shall not, unless otherwise provided in this Constitution, hold any other office or employment
during their tenure.
(6) No Senator or Member of the House of Representatives may hold any other office or
employment in the Government, or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or their subsidiaries, during his term
without forfeiting his seat. Neither shall he be appointed to any office which may have been
created or the emoluments thereof increased during the term for which he was elected.
(7) No member of a Constitutional Commission shall, during his tenure, hold any other office
or employment. Neither shall he engage in the practice of any profession or in the active
management or control of any business which, in any way, may be affected by the functions of
his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in
any franchise or privilege granted by the Government, any of its subdivisions, agencies, or
instrumentalities, including government-owned or controlled corporations or their subsidiaries.
LOCAL GOVERNMENTS: CREATION OF MUNICIPAL CORPORATIONS
Question: What are the factors considered to create municipal corporations?
Answer: The factors considered to create municipal corporations are:
1. Population
2. Income
3. Land area
Reminders –
Public corporations are those formed or organized for the government as a portion of a state.
(Act No. 1459)
Creation of Municipal Corporations
Umali v. COMELEC: Plebiscite requirement
Navarro v. Ermita: Land area for island province
Sema v. COMELEC: Non-delegation of power to create a province; effect of creating a province
Tobias v. COMELEC and Abalos: Effect of upgrading a municipality into a city
Halili v. COMELEC: effect on the three-term rule when a component city is upgraded
Commencement of corporate life: election and assumption of office of majority of the elective
officers including the mayor and governor
DE FACTO AND DE JURE MUNICIPAL CORPORATIONS
Question: Distinguish between a de facto municipal corporation from a de jure municipal
corporation.
Answer: The color of authority requisite to the organization of a de facto municipal corporation
may be:
(1) A valid law enacted by congress; or
(2) An unconstitutional law which may be valid on its face, or which has not been declared as
void provided a warrant for its creation;

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On the other hand, a de jure local government unit is one legally created and vested with the
powers and attributes necessary to carry out its political functions within in its territory is found
in some other valid law or in the recognition of its potential existence under general laws.
Reminders -
Creation of a municipality by a presidential act
Curative provision under the LGC
Municipal corporation by estoppel (defectively formed and is considered as a regular
corporation and not a de facto municipal corporation)
LOCAL GOVERNMENTS: RULES ON SUCCESSION OF ELECTIVE PUBLIC
OFFICERS
Question: Discuss the rule on succession of elective public officials in case of vacancies.
Answer: The rule on succession of elective public officials in case of vacancies is as follows:
(1) Vacancy in the Office of the Governor: Vice Governor
(2) Vacancy in the Office of the Mayor: Vice Mayor
(3) Vacancy in the Office of the Governor, Vice Governor, Mayor or Vice Mayor: Highest
ranking Sanggunian Member or in case of his permanent disability, the second highest
ranking member of the Sanggunian with the same party affiliation;
4. Vacancy in the Office of the Punong Barangay: the highest ranking Sangguniang Barangay
member – need not come from the same political party (Section 44, Local Government
Code)
FILLING UP OF VACANCIES IN THE SANGUNIAN –
Rules to follow -
(1) The President, through the Executive Secretary, in the case of the Sangguniang Panlalawigan
and the Sangguniang Panlungsod of highly urbanized cities and independent component cities;
(2) The governor, in the case of the Sangguniang Panlungsod of component cities and the
Sangguniang Bayan;
(3) The city or municipal mayor, in the case of Sangguniang Barangay, upon recommendation
of the Sangguniang Barangay concerned. (MEMORANDUM CIRCULAR NO. 151, s. 1992)
LGU’S POWER OF EMINENT DOMAIN
Question: What are the requisites for the valid exercise of eminent domain for LGUs?
Answer: The requisites for the valid exercise of eminent domain for LGUs are:
(1) Exercised through the local chief executive;
(2) Enactment of an ordinance;
(3) Rejection of a formal offer;
(4) Taking is for public use, or for the welfare for the benefit of the poor and the landless; and
(5) Payment of just compensation (City of Manila v. Roces-Prieto)
LGU’S POLICE POWER
Question: Enumerate the requisites for a valid exercise of police power.
Answer: The requisites for a valid exercise of police power are:
(1) Express grant by law;
(2) Interest of public requires the interference of the state;
(3) Means employed is reasonably necessary
(4) Territorial applicability; and
(5) Not contrary to the Constitution and other laws.

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LGU’S LEGISLATIVE POWER
1. Question: May all the territorial and political subdivisions of the government exercise
legislative powers?
Answer: Yes, all the territorial and political subdivisions of the government may exercise
legislative powers through their respective Sanggunians. This is due to the grant of legislative
power by the Congress.
Reminders -
MMDA is not a political subdivision and cannot exercise legislative powers.
The Liga ng mga Barangay cannot exercise legislative power because it is not a political
subdivision.
2. Question: What are the requisites of a valid ordinance?
Answer: A valid ordinance must not only be within the corporate powers of the local
government unit to enact and must be passed according to the procedure prescribed by law,
it must also conform to the following substantive requirements:
(1) must not contravene the Constitution or any statute;
(2) must not be unfair or oppressive
(3) must not be partial or discriminatory;
(4) must not prohibit but may regulate trade;
(5) must be general and consistent with public policy; and
(6) must not be unreasonable (City of Manila v. Hon. Laguio)
LGU’S POWER TO TAX
Question: What are the sources of revenue of the local government units?
Answer: The sources of revenue of the local government units include:
(1) Taxes, fees and charges subject to such guidelines and limitations as the Congress
(Cagayan de Oro City v. CEPALCO);
(2) A just share, as determined by law, in the national taxes which shall be automatically
released to them (Mandanas v. Ochoa, G.R. No. 199802, April 10, 2019); and
(3) Local governments shall be entitled to an equitable share in the proceeds of the utilization
and development of the national wealth within their respective areas, in the manner
provided by law, including sharing the same with the inhabitants by way of direct
benefits. (Republic v. Province of Palawan)
Reminders -
(1) Share in national income is no longer limited to income tax collected by the BIR but will
now include tariffs and duties collected by the Bureau of Customs as well as other taxes
imposed by the national government. (Mandanas v. Ochoa)
(2) The Province of Palawan cannot claim a share in the Malampaya Fund because the site of
the deposit of natural gas is not located in its geographical territory. (Republic v. Province
of Palawan)
(3) A local government unit cannot collect taxes on properties owned by government except
when such properties are leased out in the exercise of its proprietary functions. However,
under the beneficial use doctrine, it is the lessee of the government which settles the real
taxes due on the property. (MWSS v. Quezon City and GSIS v. City Treasurer of Manila)
(4) Airport land is part of the land of public domain and therefore not subject to assessment
of real property taxes and are beyond garnishment. (MIAA v. Paranaque and MCIAA v.
Lapu-Lapu City)

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LGU’S CORPORATE POWER
Question: May the Mayor open for lease a portion of a local street as part of the corporate power
of the local government?
Answer: No because public streets are for public use. The lease of portions of public streets will
preclude the full use of these streets by the general public. (Macasiano v. Hon. Diokno: This
case involves the lease of certain portions of streets in Paranaque to be used as a flea market.)
Reminders -
Liability for tort under Article 2189, Civil Code (Teotico v. City of Manila)
Liability under contracts
Requirements to obtain loan (Land Bank of the Philippines v. Cacayuran)
REMOVAL OF LGU ELECTIVE PUBLIC OFFICER THROUGH RECALL
1. Question: Explain the process of recall?
Answer: Recall is a mode of removal of an elective public officer before the end of his term.
Recall is the people’s prerogative to remove an elective public officer as an incident of their
sovereign will. The ground to exercise recall is loss of trust and confidence of the electorate. This
is a prerogative which cannot be subjected to judicial scrutiny.
2. Question: What are limitations on the exercise of the power of recall?
Answer: The limitations on the exercise of the power of recall are:
(1) The official may only be subject to recall election only once during his term; and
(2) No recall shall take place within one year from the date of the official’s assumption to office
or one year immediately preceding a regular election (Section 74 (b), LGC)
SETTLEMENT OF BOUNDARY DISPUTES
Question: Cite the rules on settlement of boundary disputes.
Answer: Boundary disputes may settled in the following manner:
(1) Between and among two or more municipalities in the same province: Sangguniang
Panlalawigan
(2) Between and among two or more municipalities in different provinces: Joint Sangguniang
Panlalawigan
(3) Between two barangays in the same city: Sangguniang Panlungsod
(4) Between and among two or more highly urbanized cities: Joint Sangguniang Panlungsod
(5) Between an independent component city and a municipality in the same province: Regional
Trial Court (Municipality of Kananga v. Hon. Madrona, G.R. No. 141375, April 30, 2003)
(6) Between two barangays in a highly urbanized city and an adjacent municipality:
Regional Trial Court (Pasig v. COMELEC and Municipality of Cainta, G.R. No. 125646.
September 10, 1999)
APPEALS IN SETTLEMENT OF BOUNDARY DISPUTES:
In the exercise of its general jurisdiction, the regional trial courts may exercise appellate
jurisdiction over boundary disputes.
RTC decisions may be appealed to the Court of Appeals.
The decision of the Court of Appeals may be reviewed by the Supreme Court.
LEGISLATIVE DEPARTMENT
1. Question: What is legislative power?
Answer: Legislative power is the power to propose, enact, amend and repeal laws.
2. Question: Who may exercise legislative power?
Answer: The following may exercise legislative power:
(1) Congress (Section1, Article VI, 1987 Constitution)

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(2) Local legislative councils (Sec. 48, LGC)
(3) People through initiative on statutes and approving or disapproving measures through
referendum (Section1, Article VI, 1987 Constitution)
(4) Emergency legislative powers of the President (Section 23, Article VI, 1987 Constitution)
Reminder -
Delegation of legislative power is valid under the following circumstances:
(1) When authorized by the Constitution to delegate in times of emergency or for the President to
fix tariffs; and
(2) Delegation to the people (initiative and referendum).
3. Question: Enumerate some non-legislative powers of Congress.
Answer: Some of the non-legislative powers of Congress are:
(1) Canvass of votes for the president and vice president;
(2) Power to impeach;
(3) Power declare a state of war;
(4) Power to concur in treaties by the Senate;
(5) Power to approve the nominees of the President through the Commission on Appointments;
(6) Power to act on election contests filed by losing candidates against sitting members before
either the SET or the HRET; and
(7) Power to check the Commander-in-chief powers of the President.
Reminders -
1. Qualifications (citizenship, age, residence, literacy requirement, right to vote)
David v. Poe: qualifications of citizenship and residence
2. Representation for congressional districts: gerrymandering, reapportionment
Aquino III and Mayor Robredo v. COMELEC: Reapportionment was made for the Province
of Camarines Sur and not in Naga City
Aldaba v. COMELEC: The threshold population to add another congressional district in
Malolos City must be certified by the Chief Statistician of the Philippines
3. Rights under the party list system:
BANAT v. COMELEC –
(1) The maximum ceiling of party list members is 20% of the total members of the House
of Representatives;
(2) To gain a seat, a party list must obtain at least 2% of votes cast under the party list
system;
(3) The maximum number of seats for a party member is three seats; and
(4) A party list with less than 2% vote can still gain a seat provided that the 20% has not
been reached.
Ang Ladlad v. COMELEC: the disqualification of a party list cannot be based on religious
passages; individuals with different sexual orientation shall have equal opportunity to public
service.
Atong Paglaum v. COMELEC: national and regional political parties as well as sectoral parties
or organizations may be accredited as party list members except when a national party
participates in it, it cannot field congressional district representatives.
Abang Lingkod v. COMELEC: track record is not a prerequisite to accreditation
Coalition of Senior Citizens Associations v. COMELEC: term sharing of nominees is against
public policy
Lokin v. COMELEC: an organization can substitute another person in place of the nominee

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 whose name has been submitted to the COMELEC: (1) when the nominee dies; (2) when the
nominee withdraws in writing his nomination; and (3) when the nominee becomes
incapacitated
PARLIAMENTARY IMMUNITIES/PRIVILEGES
Question: Enumerate the two significant privileges granted by the Constitution to the members
of Congress?
Answer: The two significant privileges granted by the Constitution to the members of Congress
while it is in session are:
(1) The privilege from arrest from a criminal arrest for an offense not punishable by a penalty of
more than six years of imprisonment;
(2) The privilege of speech which is intended to leave the legislator unimpeded in the
performance of his duties and freed from any form of harassment.
Reminders –
Discipline of Memebers
Pobre v. Miriam Defensor-Santiago: parliamentary speech exonerates a member of Congress
from any liability as a member of the bar despite the fact that she referred to the Supreme Court
as a court of idiots.
Defensor-Santiago v. Sandiiganbayan: Suspension for acts performed prior to assumption of
office as a member of the Senate may be imposed by the court while suspension as a member of
Congress is possible for disorderly behavior during the incumbency.
Jalosjos v. People: Conviction for a crime must be served and temporary liberty to attend
congressional sessions and other duties related to one’s office can be granted by the Court.
Trillanes v. Hon. Marigomen: Libel suit against the senator will prosper because his utterances
were made during a media interview and not in the conduct of committee hearings.
Mark Jimenez extradition case: A member of the House of Representatives may be a subject of
extradition for indictment of tax evasion by the Internal Revenue Service of the U.S.
government.
Incarceration of Senators Ejercito, Enrile and Revilla for allegedly committing the crime of
plunder which is a non-bailable offense.
Incarceration De Lima for allegedly violating the Comprehensive Drugs Law which is a non-
bailable offense.
Regular session and special session
Regular election and special election
PARLIAMENTARY PROCEEDINGS
Question: What is the enrolled bill doctrine?
Answer: The signing of the bill by the Speaker of the House and the Senate President and the
certifications by the secretaries of both chambers attests to the fact that the bill was duly passed.
The bill is conclusive as its due enactment. (Joker Arroyo v. De Venecia [1997].
The enrolled bill prevails over the Journal entries. (Casco Philippine Chemical Co. v. Gimenez
[1963]; See also the case challenging the enactment of the Oil Compensation Law)
Adoption of rules and publication of rules
Tanada v. Angara: concurrence of 2/3 vote of all members of the Senate is necessary for a
treaty to be valid and effective
Joker Arroyo v. De Venecia: approval of a bill must be carried out in accordance with the
approved rules of proceedings

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 Baguilat v. Speaker Alvarez: the issue on representation of the minority is a matter left to the
members to resolve and beyond the Court’s scrutiny
CotesCUP v. DepED Secretary: Enrolled Bill, Journal and recording of proceeding- Enrolled
bill prevails over journal entries; enrolled bill may be withdrawn
ELECTORAL TRIBUNALS
Question: What are the two electoral tribunals under the legislative branch?
Answer: The two electoral tribunals under the legislative branch are:
(1) Senate Electoral Tribunal
(2) House of Representatives Electoral Tribunal
Reminders -
Jurisdiction
Parties to the case
Issues for resolution
Cases:
Ongsiako Reyes v. HRET: The presence of at least one justice of the Supreme Court and a
member of the HOR is mandatory to constitute a quorum in the conduct of proceedings before
the HRET.
Bondoc v. HRET and Pineda: Party disloyalty is not a ground to remove a member of HRET.
Pimentel, Jr. III v. COMELEC: SET and not the COMELEC has jurisdiction over the election
contest filed by the Petitioner against Senator Zubiri. Senator Zubiri was already duly
proclaimed, took his oath as a member of the Senate and has assumed his office. Thus,
COMELEC has lost its jurisdiction.
Bengzon v. HRET and Cruz/ David v. Poe: The citizenship of a member of the House of
Representatives and the Senate is within the jurisdiction of HRET and the SET.
Tanada v. HRET: HRET has no jurisdiction over a nuisance candidate because he is not a
member of the House of Representatives.
Ongsiako-Reyes v. COMELEC: For one to be considered a member of the House of
Representatives, one must have been validly proclaimed, validly taken his/her oath of office and
assumed his/her office.
Velasco v. Speaker Belmonte: It is the ministerial duty of the Speaker of the House to remove
form the Roll of Members a person whose Certificate of Candidacy was void from the beginning.
COMMISSION ON APPOINTMENTS
Question: Who are the officers subject to confirmation by the Commission on Appointments?
Answer: The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, other public
ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain,
and other officers whose appointments are vested in him in this Constitution. (Section 16, Article
VII, 1987 Constitution)
ReminderS -
Composition
Voting Requirement
Effect of Rejection of Nomination
Effect of issuance of ad interim appointment by the President
DISQUALIFICATIONS OF MEMBERS OF CONGRESS
Question: May a member of Congress still continue to practice his legal profession without
violating the Constitution?

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Answer: A member of Congress is precluded to continue his practice of legal profession because
he will violate Section 14 of Article VI of the 1987 Constitution.
Reminders - Prohibitions and Disqualifications under Article VI
Section 10. Prohibition to benefit from compensation increase (will need to wait for the expiry of
the term)
Section 12. Duty to make a full disclosure of their financial and business interests.
Duty to notify of a potential conflict of interest that may arise from the filing of a proposed
legislation of which they are authors.
Section 13. Prohibition to hold any other office or employment in the Government, or any
subdivision, agency, or instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be
appointed to any office which may have been created or the emoluments thereof increased during
the term for which he was elected.
Section 14. Prohibition to appear as counsel before any court of justice or before the Electoral
Tribunals, or quasi-judicial and other administrative bodies.
Not to have any financial interest, directly or indirectly in any contract with, or in any franchise
or special privilege granted by the Government, or any subdivision, agency, or instrumentality
thereof, including any government-owned or controlled corporation, or its subsidiary, during his
term of office.
Not to intervene in any matter before any office of the Government for his pecuniary benefit or
where he may be called upon to act on account of his office.
POWER OF CONGRESSIONAL INQUIRY
Question: What is a congressional hearing?
Answer: The Article VI of the 1987 Constitution provides for two provisions on legislative
hearing. Section 21 provides for congressional hearing in aid of legislation while Section 22
establishes the rule for the exercise of the “oversight function” of Congress.
Reminders –
Requisites of a congressional inquiry:
(1) Must be conducted in aid of legislation
(2) Rules of committee must be published
(3) Rights of the persons appearing before it must be respected (Section 21, Article VI, 1987
Constitution)
Power to cite resource persons for contempt is inherent in the conduct of congressional inquiry.
Nature of Question Hour (Section 22, Article VI}
Cases:
Neri v. Various Committees of the Senate: Invocation of executive privilege
Senate v. Executive Secretary Ermita: encroachment by the executive branch
Gudani v. Senga: exercise of Commander-in-Chief powers of the President
Arnault v. Nazareno: indefinite detention
Balag v. Senate: release after conclusion of the hearing (submission of Committee Report) and
adjournment of session)
POWER TO APPROPRIATE PUBLIC FUNDS
1. Question: May Congress restrict the release of a local government’s share in the national
income?
Answer: No, the Congress may not restrict the release of a local government’s share in the
national income because the Constitution provides for regular and automatic release of such

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 funds.
2. Question: May Congress allow a cabinet secretary to distribute a lump sum to projects
which are urgent?
Answer: No, the Congress may not allow a cabinet secretary to distribute a lump sum to
projects which are urgent because this is an invalid delegation of powers. Only Congress can
appropriate funds in accordance with law. (Section 29(1), Article VI, 1987 Constitution.
(Nazareth v. Villar and Espino, Commissioners of COA)
3. Question: May Congress allow the Ombudsman to augment its funds out of savings realized
by the office?
Answer: Congress may not allow the Ombudsman to augment its funds out of savings realized
by the office. This is contrary to Section 25 (5) of Article VI of the 1987 Constitution.
Reminders -
Belgica v. Ochoa: Misuse of PDAF
Araullo v. Pres. Aquino: Violation of the rule on augmentation of funds
Line veto of the budget (Sec. 27 (2), Article VI)
General Appropriations Act (Section 24 and Section 25(1), Article VI, 1987 Constitution)
Special Appropriations Act (Section 25 (4), Article VI, 1987 Constitution)
4. Question: What is “executive impoundment” of a budget?
Answer: Impoundment simply means the refusal of the President to spend funds allocated by
congress for a specific purpose. This is another way the President may exercise his/her veto
power. (PHILCONSA v. Secretary Enriquez, 235 SCRA 544)
5. Question: What is the doctrine of “inappropriate provisions?”
Answer: The doctrine of “inappropriate provisions” is found in appropriations measures over
which the President may exercise his/her prerogative veto the same which they appear to be
“riders.” (Gonzales v. Macaraig, Jr. [1990])
Reminder –
S.C. ruling on the constitutionality of the Oil Compensation Act
JUDICIAL DEPARTMENT: POWER OF JUDICIAL REVIEW
1. Question: Explain judicial power.
Answer: 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.
Reminders -
Expanded power of judicial review
Moot and academic issues: Araullo v. President Aquino, Belgica v. Ochoa and
Demetria v. Minister Alba
Liberality on legal standing to sue: Oposa v. Factoran and Resident Marine Mammals v.
Secretary of Energy
Purpose for exercise of jurisdiction: public interest issues; transcendental importance
Functions of judicial review:
1. Legitimizing
2. Checking
3. Instructional/Symbolic

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 2. Question: What are requisites for exercise of the power of judicial review?
Answer: The requisites for exercise of the power of judicial review are:
1. There must be an actual case or controversy;
2. Question must be raised by the proper party;
3. Question must be raised at the earliest opportunity; and
4. Issue raised is the lis mota of the case.
Reminders -
There is only one constitutional court.
The Constitution has vested in the Supreme Court relative to its original jurisdiction; rule
making powers; fiscal autonomy but its appellate jurisdiction may be changed by Congress
upon advice to the Court and the Court agrees to it.
All other courts are created by law. (Section 5, Article VIII, 1987 Constitution)
Congress defines the jurisdiction and qualifications of judges in the first level courts and the
RTCs.
There is no judicial supremacy when the Supreme Court settles a controversy between the
executive and the legislative departments.
There is no judicial legislation because the Supreme Court only applies and interprets the law.
There is judicial restraint when the Supreme Court will defer to take jurisdiction of issues
relating to duties vested by the Constitution to the two other branches of government under the
political question doctrine.
OPERATIVE FACT DOCTRINE
Question: Explain the operative fact doctrine?
Answer: The doctrine of operative fact, as an exception to the general rule, only applies as a
matter of equity and fair play. It nullifies the effects of an unconstitutional law by recognizing
that the existence of a statute prior to a determination of unconstitutionality is an operative fact
and may have consequences which cannot always be ignored. The past cannot always be erased
by a new judicial declaration.
The doctrine is applicable when a declaration of unconstitutionality will impose an undue burden
on those who have relied on the invalid law. (Planters Products, Inc. v. Fertiphil Corporation)
Reminders -
Operative Fact Doctrine
As a general rule, an unconstitutional act is not a law; it confers no rights; it imposes no duties; it
affords no protection; it creates no office; it is inoperative as if it has not been passed at all. The
general rule is supported by Article 7 of the Civil Code, which provides:
“Art. 7. Laws are repealed only by subsequent ones, and their violation or non-observance
shall not be excused by disuse or custom or practice to the contrary.”
Cases -
Araullo v. Aquino (misuse of funds under DAP) and Municipality of Tupi v. Atty. Faustino
(ordinance did not comply with a national law and was not published)
RULE – MAKING POWERS OF THE SUPREME COURT
Question: What are the limitations to the rule-making powers of the Supreme Court?
Answer: The limitations to the rule-making powers of the Supreme Court are:
(1) Rules shall provide a simplified and inexpensive procedure for the speedy disposition of
cases;
(2) Rules shall be uniform for all courts of the same grade; and

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 (3) Rules shall not diminish, increase, or modify substantive rights. (Section 5(5), Article VIII,
1987 Constitution)
INDEPENDENCE OF THE JUDICIARY
Question: What are the constitutional safeguards to ensure the independence of the
judiciary?
Answer: The constitutional safeguards to ensure the independence of the judiciary are:
(1) The Supreme Court is created by the Constitution and cannot be abolished by mere
legislation. (Section1, Article VIII, 1987 Constitution)
(2) The members of the Supreme Court cannot be removed except by impeachment. (Section 2,
Article XI, 1987 Constitution)
(3) The Supreme Court cannot be deprived of original and exclusive jurisdiction. (Section 5,
Article VIII, 1987 Constitution)
(4) Appointees to the judiciary are nominated by the Judicial and Bar Council and are not subject
to the confirmation of the Commission on Appointments. (Section 5(6), Article VIII, 1987
Constitution)
(5) The Supreme Court has administrative supervision over all lower courts and their personnel.
(6) The Supreme Court the exclusive power to discipline members of the lower courts.
(7) The members of the court enjoy security of tenure which cannot be undermined by
reorganizing the judiciary.
(8) Members of the judiciary cannot be designated to other agency performing quasi-judicial or
administrative functions.
APPOINTMENT OF THE MEMBERS OF THE BENCH
Reminders
Composition of the JBC
Powers of the JBC
Cases:
Chavez v. JBC: Congress is entitled to only one representative
De Castro v. JBC: The appointment of members of the Supreme Court within the election ban
period is valid because the Constitution requires the President to make the appointment with 90
days when the vacancy occurs.
Jardeleza v. Sereno and the JBC: An applicant/nominee to the JBC is entitled to due process.
Villanueva v. JBC: JBC rules and policies affecting applicants/nominees must be published.
Aguinaldo v. Pres. Aquino: By clustering the nominees to the six vacancies in the
Sandiganbayan, the JBC effectively impinged on the appointing powers of the President.
OCA v. Macarine: It is within the power of the Supreme Court to discipline a judge who
travelled overseas without obtaining a Travel Authority.
EXECUTIVE DEPARTMENT: COMMANDER-IN CHIEF POWERS OF THE
PRESIDENT
1. Question: What is the “Calling Out” power of the President?
Answer: The “Calling Out” power of the President is defined under Section 18, Article VII of the
1987 Constitution as the power to call out the armed forces of the Philippines to prevent or
suppress lawless violence, invasion or rebellion. This is merely an exercise of police power.
(Randy David v. President Arroyo [2006])
2. Question: What powers does the President have as Commander-in-Chief?
Answer: The President as Commander-in-Chief may exercise the following powers:
(1) To call out the armed forces to suppress lawless violence, invasion or rebellion;

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(2) To suspend the privilege of the writ of habeas corpus; and
(3) To declare martial law.
Reminders –
The initial suspension of the writ of habeas corpus and the declaration of martial law is for 60
days but may be extended when circumstances warrant.
Checking powers of Congress and the Supreme Court on the Commander-in-Chief Powers of
the President (Section 18, Article VII, 1987 Constitution)
Cases:
Lagman v. Medialdea: Declaration of Martial in Mindanao
Ocampo v. Chief of Staff: Burial of President Marcos in Libingan ng mga Bayani
Padilla v. Speaker Cayetano: revocation of declaration requires a joint assembly but approval
may be done in separate sessions of the Senate and the House of Representative
Marcos v. Manglapus: Request to return to the Philippines is subject to the sound discretion of
the President.
PARDONING POWERS OF THE PRESIDENT
Question: What are the pardoning powers of the President?
Answer: Except in cases of impeachment, or as otherwise provided in this Constitution, the
President may grant reprieves, commutations, and pardons, and remit fines and forfeitures, after
conviction by final judgment.
He shall also have the power to grant amnesty with the concurrence of a majority of all the
Members of the Congress. (Section 19, Article VII, 1987 Constitution)
Reminders -
Limitations on the exercise of the pardoning powers of the President –
(1) The President cannot be grant pardon to a person removed through impeachment.
(Estrada v. Ombudsman/ Risos-Vidal v. COMELEC)
(2) The President can only grant amnesty with the concurrence of Congress
(3) For violation of election laws, the President can only grant pardon upon the favorable
recommendation of the COMELEC.
Absolute Pardon (Risos-Vidal v. COMELEC)
Conditional Pardon (Effect of violation – automatic incarceration/ revocation is not subject to
review by the Court)
Acceptance of Pardon (Tiu v. Natividad Dizon)
DIPLOMATIC POWERS OF THE PRESIDENT
Power to enter into treaties and international agreements with the concurrence of the Senate
Please take note that referendum may be required under Section 25, Article XVIII, 1987
Constitution for treaties covering military bases.
Power to ban aliens
Power to contract loans from foreign sources
EXECUTIVE POWERS: POWER OF CONTROL AND SUPERVISION
Alter ego doctrine
Qualified Political Agency
Scope of the power of control
Power to remove presidential appointees
Power to investigate erring public officers
Power of supervision over LGUs

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APPOINTING POWERS OF THE PRESIDENT
Appointments subject to confirmation of the Commission on Appointments
Appointments based on screening process of the Judicial and Bar Council
Power to create office under the Office of the President (Biraogo v. The Philippine Truth
Commission)
PRESIDENTIAL STATUS: DE LEON V. DUTERTE
ABSOLUTE IMMUNITY: DE LIMA V. DUTERTE
EXERCISE OF POLICE POWER: ZABAL V. DUTERTE
POWER TO EXERCISE DELEGATED POWERS IN CASE OF NATIONAL
EMERGENCY AND FIX TARIFFS
RESIDUAL POWERS
PRIVILEGES AND DISQUALIFICATIONS
POWER TO INVOKE EXECUTIVE PRIVILEGE
Neri v. Various Senate Committees
Nature of presidential communication privilege – relates to decision making powers of the
President
Nature of deliberative process privilege –relates to the decision-making powers of executive
Officials
CONSTITUTIONAL COMMISSIONS
POWERS OF THE CSC
Rules and regulations (rule-making powers)
Application of the Salary Standardization Law
Effect of receipt of benefits in good faith
Nature of ex officio office
Action of appointments: approve or disapprove only
Rule on Nepotism
Prohibition on mass appointments
Decide on administrative complaints/violation of rules (quasi-judicial functions)
POWERS OF THE COMELEC
Registration of voters (Kabataan Party List v. COMELEC)
Proof of exercise of right of suffrage (Bagumbyan VNP v. COMELEC)
Accreditation of political parties
Deny Due Course (Section 78, OEC)
Allow Substitution (Section 68, OEC)
Promulgate rules (quasi-legislative powers)
Decide administrative complaints and election controversies (quasi-judicial powers)
POWERS OF THE COMMISSION ON AUDIT
General auditing system: post audit
Exception: When can COA employ pre audit
Chief responsibilities: render audit observation; order suspension of payment and order
disallowance
Conduct fraud audit
COA may settle government obligations when funds of the concerned entity allows it (U.P. v.
Hon. Dizon)
Rule on payment of government liability under a compromise agreement beyond P100.000.00

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 The COA cannot settle the amount beyond P100,000 under a compromise agreement. The
President must recommend to the Congress the payment of the amount in the compromise
agreement, which is beyond P100,000. 00. (Binga Hydroelectric Plant Company v. COA and
NAPOCOR)
ADMINISTRATIVE LAW
Nature of administrative agencies
Creation of Administrative Agencies
Powers of administrative agencies
Tests of valid delegation of powers
Doctrine of Primary Jurisdiction
Principle of Administrative Remedies
Exceptions to the Doctrine of Administrative Remedies
Judicial intervention over administrative actions
NATIONAL ECONOMY AND PATRIMONY: REGALIAN DOCTRINE
Classification of lands of public domain:
(1) Agricultural
(2) Forest/Timber Lands
(3) Mineral Lands and
(4) National Park
Factors to consider in registration of lands:
1. Continuous Possession
2. Open Possession
3. Notorious Occupation
4. Exclusive Occupation
NATIONALITY AND CITIZENSHIP REQUIREMENT: FILIPINO FIRST POLICY
Manila Prince Hotel v. GSIS: Filipino First Policy entitles the petitioner to the award of the bid
of the shares held by GSIS in Manila Hotel.
Tanada v. Angara: Membership of the Philippines in the World Trade Organization does not
violate the Filipino First Policy.
Gamboa v. Teves: Control in a public utility company refers to shares of stocks with voting
shares and not to preferred shares which have no voting rights.
Roy v. Ch. Herbosa: The SEC circular is valid as it conforms with the Gamboa v. Teves ruling.
MONOPOLIES, RESTRAINT OF TRADE AND UNFAIR COMPETITION
Agan, Jr. v. PIATCO: monopolies are not per se prohibited but may be permitted to allow the
government in carrying on an enterprise or to aid in the performance of various services and
functions in the interest of the public.
Gios-Samar v. DOTr: Petitioner failed to show that the constitutional issue of monopoly it
raised falls under the transcendental importance doctrine. Petitioner failed to observe the
doctrine of hierarchy of courts.
RESTRICTIONS ON OPERATION OF PRIVATE CORPORATIONS
Mass media companies: 100% Filipino owned
Advertising companies: 70% Filipino owned
GRANT OF FRANCHISES, AUTHORITY AND CERTIFICATES FOR PUBLIC
UTILITIES
Nature of Utility Corporation (provision of service is not confined to privileged individuals but
open to an indefinite public)

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 60% Filipino owned capital may be required in the grant of certain public utilities.
Reminders -
1. Metropolitan Cebu Water District Company v. Adala – no grant of exclusive franchise
2. Maynilad v. Sec. of the DENR – public trust doctrine
CITIZENSHIP
Who are citizens (Article V, 1987 Constitution)
Modes of Acquiring Philippine Citizenship
1. Judicial proceeding under C.A. 473
2. Congressional Act
3. Administrative proceeding under R.A. No. 9225
THE PHILIPPINE CONSTITUTION: PARTS OF THE PHILIPPINE CONSTITUTION
1. Constitution of Government
2. Constitution of Liberty
3. Constitution of Sovereignty
RULES ON THE INTERPRETATION OF THE CONSTITUTION
1. Ordinary meaning rule
2. Intent rule
3. Totality rule
AMENDMENT AND REVISION OF THE CONSTITUTION
Two ways to REVISE:
1. Constituent Assembly by a vote of 3/4 of all members of Congress voting separately
2. Constitutional Convention by a vote of 2/3 of all its members or a majority vote and refer the
matter to the electorate
Three ways to amend:
1. Constituent Assembly by a vote of 3/4 of all members of Congress voting separately
2. Constitutional Convention by a vote of 2/3 of all its members or a majority vote and refer the
matter to the electorate
3. People’s Initiative with 12% of the total electorate signing the petition represented by 3% of
the voters in each congressional district.
DECLARATION OF PRINCIPLES AND STATE POLICIES
1. Rights of Indigenous Peoples
Tawahig v. City Prosecutor Lapinid: The Philippine legal system's framework for the protection
of indigenous peoples was never intended and will not operate to deprive courts of jurisdiction
over criminal offenses. Individuals belonging to indigenous cultural communities who are
charged with criminal offenses cannot invoke Republic Act No. 8371, or the Indigenous
Peoples' Rights Act of 1997, to evade prosecution and liability under courts of law.
2. Grant of Incentives to Foreign Investors
National Federation of Hog Farmers, Inc. v. Board of Investments - Nationalism is not a
mindless ideal. It should not unreasonably exclude people of a different citizenship from
participating in our economy. If it were so, nationalism will not foster social justice; rather, it
will sponsor a kind of racism quite like what our ancestors had suffered from in our colonial
past.
The Constitution has empowered Congress to determine which areas of investment to reserve to
Filipinos and which areas may be opened to foreign investors.

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 3. Maintain honesty and integrity in the public service and take positive and effective
measures against graft and corruption
Garcia - Diaz v. Sandiganbayan - Co-conspirators are liable collectively and equally for the
common design of their criminal acts. When a contract that is grossly and manifestly
disadvantageous to the government is entered into, the persons involved—whether public
officers or private persons—may be charged for violating the Anti-Graft and Corrupt Practices
Act and suffer the same penalty if found guilty beyond reasonable doubt.
4. Right to a balanced ecology
Cordillera Global Network v. Sec. Paje - The depth, quality, and complexity of our forests'
biodiversity is a marker of humanity's enlightenment. Every tree saved from being sacrificed in
the name of profits matters.
Shortcuts in the processes prescribed by law to protect the endowments of nature should never
be countenanced.
SM Investments Corporation must apply for a new Environmental Compliance for its SM Pines
Resort Project and DENR should not just amend the first ECC it issued to the company.
5. Academic Freedom
Pimentel v. Legal Education Board – While the Court upheld the constitutionality of the creation
of the Legal Education Board, it struck down its requirement of taking the PhilSAT for students
seeking admission to law schools as this violates the academic freedom of the institutions of
higher learning.

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