2022 BAR SYLLABUS READER

POLITICAL AND INTERNATIONAL LAW

I. BASIC CONCEPTS UNDER THE 1987 CONSTITUTION

A. Declaration of principles and State policies (Art.II, Sec.1-28), not self-executing, there must be
an enabling law, or only mere guidelines for legislation, EXCEPT, Sec. 16 on the right to a
balanced and healthful ecology in accord with the rhythm and harmony of nature.

 PRINCIPLES- Binding rules which must be observed in the conduct of government. (Sec.1-6)
1)Republicanism- Manifestations;
1. Ours is a government of laws and not of men (Villavicencio vs. Lukban, G.R. No.
L-14639, March 25, 1919)
2. Rule of majority;
3. Accountability of public officials;
4. Bill of rights;
5. Legislature cannot pass irrepealable laws; and
6. Separation of powers. (Nachura, Outline Reviewer in Political Law, 2016, p. 73)

2)Renunciation of war, Adherence and adoption of International law- refers to war of

Aggression and not Defensive war to which the Philippines is allowed to defend its honor and
integrity.
 DOCTRINE OF INCORPORATION – the generally accepted principles of
international law become part of the law of the land without need of a law to be
passed by Congress. As to what is a ―generally accepted principle, will have to be
ascertained by the courts of justice.
 DOCTRINE OF AUTO-LIMITATION – the Philippines cannot enact or adapt laws
which will circumvent or contravene international laws.
3) Civilian Authority - The head of the armed forces is a civilian president and the primary
purpose of AFP is to serve and protect the people. (President as the Commander-in-Chief)
Mark of Sovereignty - Positively, the military is the guardian of the people and of the integrity
of the national territory and therefore ultimately of the majesty of the law. Negatively, it is an
expression against military abuses.
 The military is the sword of the Republic. It is an instrument for the preservation of
its own existence and the enforcement of authority. It should not be used in any form
or manner that may coerce the consent of the people. Thus, the military must be
under the control at all times by the elected representatives of the people.

4) Compulsory military or civil service; protection of people and state. Does not contemplate
money or property or their equivalent, but personal service. Substitutionary service is not
allowed because of the equal protection clause.
 Rule of Military Service for Resident Aliens Aliens permanently residing in the
Philippines may be required to render military service because of the following
reasons: Resident aliens owe temporary allegiance to the Philippines for their
protection. (Carlisle vs. United States, 83 U.S. 147, [1872])
5) General welfare essential in democracy.
6) Separation of Church and State; Under Benevolent Neutrality, the ―wall of separation‖ is
meant to protect the church from the State. It believes that with respect to governmental
actions, accommodation of religion may be allowed, not to promote the government‘s favored
form of religion, but to allow individuals and groups to exercise their religion without
hindrance. (Estrada vs. Escritor, A.M. No. P‐02‐ 1651, June 22, 2006)

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  The Constitution mandates the separation of Church and State through the following:
1. Non-Establishment Clause – public funds cannot be spent for religious purposes
(Sec. 5, Art. III, 1987 Constitution); 2. Free Exercise Clause. (Sec. 5, Art. III, 1987
Constitution); 3. Religious Test Clause. (Section 5, Article III, 1987 Constitution); 4.
Ineligibility of religious sects from being registered as a political party. (Sec. 61, B.P.
Blg. 881)

 STATE POLICIES- Guidelines for the orientation of the state. (Sec.7-23)

7) National security, territorial integrity, National interest, and right to Self-determination

8) Freedom from nuclear weapons, but use of Nuclear energy is not prohibited. ―Whether or
not to allow nuclear weapon, depends on Congress.
9 and 10) Social Justice, Promotion of full employment, and Freedom for proverty- but the
humanization of laws and the equalization of social and economic forces by the State so that
justice in its rational and objectively secular conception may at least be approximated. Social
justice means the promotion of the welfare of all the people, the adoption by the Government
of measures calculated to insure economic stability of all the competent elements of society,
through the maintenance of a proper economic and social equilibrium in the interrelations of
the members of the community, constitutionally, through the adoption of measures legally
justifiable, or extra-constitutionally, through the exercise of powers underlying the existence
of all governments on the time-honored principles of salus populi est suprema lex.
11) Human rights and dignity- Includes the ff;
1. Protection of Rights of Political;
2. Treatment of Prisoners and Prevention of Tortures;
3. Fair and Public Trials;
4. Cases of Disappearances;
5. Salvagings and Hamletting; and
6. Other crimes committed against the religious (Simon vs. CHR, G.R. No. 100150
January 5, 1994)
12) Family as basic autonomous social institution, Equal protection of the mother and the
unborn child,
13) Youth in nation building, patriotism and nationalism, involvement of public and civic
affairs.
14) Women in nation building, CEDAW; Our country became a signatory to the Convention
on the Elimination of All Forms of Discrimination Against Women (CEDAW). By enacting
the Constitution and signing on the CEDAW, the State has committed to ensure and to
promote gender equality.
15) Promotion of Health- adopt an integrated and comprehensive approach to health
development, which shall endeavor to make essential goods, health and other social services
available to all the people at affordable cost. There shall be priority for the needs of the under
privileged, sick, elderly, disabled, women, and children. The State shall endeavor to provide
free medical care to paupers (Sec. 11, Art. XIII, 1987 Constitution).
16)Right to a Balanced and Healthful Ecology- as important and civil and political rights.
17) Priority to ECSTA to foster patriotism, and nationalism, and accelerate progress. Provide
free public elementary and high school education for all.
 The State shall assign the highest budgetary priority to education and ensure that
teaching will attract and retain its rightful share of the best available talents through
adequate remuneration and other means of job satisfaction and fulfillment. (Sec. 5[5],
Art. XIV, 1987 Constitution
 The school has the right to impose reasonable academic and disciplinary standards,
with the end in view of according the right to education only on the basis of merit.
(Sec. 2, R.A. 9155)
 Academic freedom: Institutional academic freedom includes the freedom of the
teacher to investigate and discuss the problems of his science and to express his
conclusions, whether through publication, or in the instruction of students, without

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 interference, unless his methods are found to be completely incompetent or contrary
to professional ethics.
18) Labor as primary social economic force-
 The right of self-organization shall not be denied to government employees. (Sec.
2[5], Art. IX-B, 1987 Constitution)
19) Self-reliant and independent economic order- – all-natural resources of the country belong
to the State, thus, one of its primary goals is to conserve and develop its natural patrimony. All
lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces
of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of agricultural lands, all other natural
resources shall not be alienated. (Sec. 2, Art. XII, 1987 Constitution)
 DOCTRINE OF NATIVE TITLE – Ownership over native land is already vested on
natives even if they do not have formal titles (Cariño vs. Insular Government, 212
U.S. 449, [1909])
20) Private sector role in the national economy.
21) COMPREHENSIVE LAND REFORM- agrarian reform program enables farmer to
acquire ownership of the landholdings so he may benefit fully from the fruits of his labors.
 The law in force on the matter is R.A No. 6657, the Comprehensive Agrarian Reform
Law; creation of a substantial agricultural surplus to fuel industrial labor will lay the
basis for genuine industrialization and modernization.
22) Rights of Indigenous CCs- INDIGENOUS PEOPLES’ RIGHTS ACT (R.A No.8371);
 INDIGENOUS PEOPLES – a group of people or homogeneous societies who have
continuously lived as an organized community on communally bounded and defined
territory.
 An associative arrangement does not uphold national unity. While there may be a
semblance of unity because of the associative ties between the BJE and the national
government, the act of placing a portion of Philippine territory in a status which, in
international practice, has generally been a preparation for independence, is certainly
not conducive to national unity. (The Province of North Cotobato vs. Government of
the Republic of the Philippines Peace Panel on Ancestral Domain, G.R. No. 183591,
October 14, 2008.)
23) INDEPENDENT PEOPLE’S ORGANIZATION; respect the role of independent people‘s
organizations to enable the people to pursue and protect, within the democratic framework,
their legitimate and collective interests and aspirations through peaceful and lawful means.
(Sec. 15, Art. XIII, 1987 Constitution); people and their organizations to effective and
reasonable participation at all levels social, political, and economic decisionmaking shall not
be abridged. The State shall, by law, facilitate the establishment of adequate consultation
mechanisms. (Sec. 16, Art. XIII)

24) COMMUNICATION AND INFORMATION IN NATION-BUILDING The State

recognizes the vital role of communication and information in nationbuilding. (Sec. 24, Art.
II, 1987 Constitution.
 The State shall provide the policy environment for the full development of Filipino
capability and the emergence of communication structures The State shall provide
the policy environment for the full development of Filipino capability and the
emergence of communication structures.
 Ownership and management of mass media are required to be in the hands of the
Filipinos. Commercial advertising is now defined as being vested with public
interest, and can thus be owned and managed only by 70% Filipino corporations.
While monopolies in mass media may be regulated or prohibited, combinations in
restraint of trade and unfair competition in information matters are absolutely
prohibited. (Sec. 11, Art. XVI, 1987 Constitution)
25) Local Autonomy- a body politic and corporate endowed with powers to be in conformity
with law; it performs dual functions: governmental and proprietary.

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  Rationale of Local Autonomy ▪ To relieve the local government from monolithic
control of the national government. ▪ To make local governments more self-reliant so
that they can cease to be mendicants of the national government. ▪ To give them the
widest participation and initiative in self-government.
 LGU – a body politic and corporate endowed with powers to be in conformity with
law; it performs dual functions: governmental and proprietary.
26) Equal access of opportunities for public service- Limitation; Pamatong v. COMELEC:
nuisance candidate
 The right to vote and be voted for shall not be dependent upon the wealth of the
individual concerned, whereas social justice presupposes equal opportunity for all,
rich and poor alike, and that, accordingly, no person shall, by reason of poverty, be
denied the chance to be elected to public office. (Maquera vs. Borra, G.R. No. L-
24761, September 7, 1965)
27) Full public disclosure of all public transactions: The right of the people to information on
matters of public concern shall be recognized. Access to official records, and to documents
and papers pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the citizen, subject to
such limitations as may be provided by law. (Sec. 7, Art. III, 1987 Constitution)
 The State provides for a policy of full public disclosure of all its transactions
involving public interest. The provisions on transparency include those on foreign
loans, the President‘s health, statement of assets and liabilities, and the right to
information.
 Coverage: official records, documents papers of acts and transactions, research data
relevant to policy-making.

B. National territory- comprises the Philippine Archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of
its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. The waters around, between, and connecting the islands of the
archipelago, regardless of their breadth and dimension, form part of the internal waters of the
Philippines (Art. 1, Sec. 1)

TERRITORIAL SEA 12 nautical miles from Absolute Sovereignty

baselines
CONTIGUOUS 24 nautical miles from Enforcement of customs, fiscal,
ZONE baselines immigration, sanitation laws
EXCLUSIVE 200 nautical miles from Exploitation of living and non-living
ECONOMIC ZONE baselines resources
CONTINENTAL Submerged prolongation of Sovereign rights of exploration and
SHELF the land territory exploitation of living and non-living
resources of the seabed
 Regime of Islands Under Article 121 of the UNCLOS III, any naturally formed area of land
surrounded by water, which is above water at high tides, qualifies under the category of regime of
islands whose islands generate their own applicable maritime zones (e.g., Kalayaan Islands and
Scarborough Shoal). - Kalayaan Islands has its own Territorial Sea, Contiguous Zone, and
Exclusive Economic Zone. - BUT Scarborough Shoal ONLY has a Territorial Sea and Contiguous
Zone. - There can be a Continental Shelf without an EEZ, but not an EEZ without a Continental
Shelf

C. Separation of powers

 To prevent concentration of authority in one person or group of persons that might lead to an
irreversible error or abuse in its exercise to the detriment of the republican institutions.
 The legislative power shall be vested in the Congress of the Philippines which shall consist of
a Senate and a House of Representatives, except to the extent reserved to the people by the

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 provision on initiative and referendum. (Sec. 1, Art. VI, 1987 Constitution) The executive
power shall be vested in the President of the Philippines. (Sec. 1, Art. VII, 1987 Constitution)
The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law. (Sec. 1, Art. VIII, 1987 Constitution)
 the correctness of the decisions of the Supreme Court as final arbiter of all justiciable disputes
is conclusive upon all other departments of the government; the Ombudsman has no power to
review the decisions of the Supreme Court by entertaining a complaint against the Justices of
the Supreme Court for knowingly rendering an unjust decision.‖ Laureta and Maravilla, 148
SCRA 382 [1987]

D. Checks and balances

 Allows one department to resist encroachments upon its prerogatives or to rectify mistakes or
excesses committed by the other departments, the net effect of which being that, in general, no
one department is able to act without the cooperation of at least one of the other departments.
 Congressional oversight is not per se violative, but is integral, to separation of powers.
(Abakada Guro Partylist vs. Purisima, G.R. No. 166715, August 14, 2008)
 In the final analysis, the Court must strike down the Pork Barrel System as unconstitutional
in view of the inherent defects in the rules within which it operates. To recount, insofar as it
has allowed legislators to wield, in varying gradations, non-oversight, post-enactment
authority in vital areas of budget execution, the system has violated the principle of separation
of powers; insofar as it has conferred unto legislators the power of appropriation by giving
them personal, discretionary funds from which they are able to fund specific projects which
they themselves determine, it has similarly violated the principle of non-delegability of
legislative power; insofar as it has created a system of budgeting wherein items are not
textualized into the appropriations bill, it has flouted the prescribed procedure of presentment
and, in the process, denied the President the power to veto items. (Belgica vs. Executive
Secretary, G.R. Nos. 208566, 208493, 209251, November 19, 2013)

E. State immunity

 BASIS: Art. XVI, Sec. 3: ³The state may not be sued without its consent.´ This is based on the
principle of equality of states “par in parem non habet imperium”.
 It refers to a principle by which a state, its agents, and property are immune from the
jurisdiction of another state. Test to determine whether against state: will the enforcement
thereof require an affirmative act from the State?
 Scope of State Immunity; Jure Imperii - Immunity is granted only with respect to their
governmental acts and; Jure Gestionis - Immunity is not granted with respect to their
commercial acts.
 Consent to be Sued is Given by the State either EXPRESSLY or IMPLIEDLY
(1) EXPRESS The law expressly grants the authority to sue the State or any of its agencies.
a. General Law: Authorizes any person who meets the conditions stated in the law to
sue the government in accordance with the procedure in the law (e.g. money claims
arising from contract express or implied, liability of local government units for torts)
b. Special Law: may come in the form of a private bill authorizing a named
individual to bring a suit on a special claim.

(2) IMPLIED (C BIP)

a. When the State Commences litigation, it becomes vulnerable to counterclaim

b. When the State enters into a Business contract (in jure gestionis or proprietary
functions)
c. When it would be Inequitable for the State to invoke its immunity
d. In instances when the State takes private property for Public use or purpose
(Eminent Domain)

(3) Specific Rules

a. When State Commences Litigation

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 Exception: When the State intervenes not for the purpose of asking for any
affirmative relief, but only for the purpose of resisting the claim precisely because of
immunity from suit (Lim v Brownell, GR No. L-8587, Mar 24 1960).
b. When State enters a Business Contract Types of Capacity of the State in entering
into contracts:
1. Acta jure gestionis - by right of economic or business relations;
commercial or proprietary acts. The State may be sued (US v. Guinto, GR.
No. 76607, Feb. 26, 1990)
2. Acta jure imperii - by right of sovereign power and in the exercise of
sovereign functions; there is no implied consent to be sued (US v. Ruiz, GR
No. 35645, May 22, 1985)
c. When State Executes and Enters Private Contracts Ɣ General Rule: The State may
be sued if a private contract is entered into by the proper office and within the scope
of his authority. Exception: When the private contract is incidental to the
performance of a government function

F. Delegation of powers

 Usually applied to legislative power since the legislative power of Congress is already a
delegated power given to them by the people (thru Article 1, Section VI of the Constitution),
Congress cannot pass laws delegating such power to some other department, branch, or
instrumentality of the government.
 LAW OF OVERRULING NECESSITY – The power promoting public welfare by restraining
and regulating the use of liberty and property. (Southern Luzon Drug Corporation vs
DSWD, G.R. No. 199669, April 25, 2017.

G. Fundamental powers of the State

 POLICE POWER: It is the power of the State to enacts regulations to promote the health,
morals, peace and order, and welfare of the society (Ermita-Malate Hotel and Motel Operators
v. City of Manila, G.R. No. L-24693, Oct. 23, 1967).
-Requisites: (1) Reasonable subject -must be within the scope of police, i.e. that the activity or
property sought to be regulated affects the public welfare. (2) Reasonable means- The means
employed are reasonably necessary for the accomplishment of the purpose, and not unduly
oppressive on individuals.
-Limitations: Due Process and Equal protection clause

 EMINENT DOMAIN: Private property shall not be taken for public use without just
compensation(Sec. 9, Art III, 1987 Constitution)
-Requisites for a valid exercise:
a.) Public use/purpose - public usefulness, utility, or advantage or what is productive
of general benefit
b.) Payment of just compensation- the full and fair equivalent of the property taken; it
is the fair market value of the property, that is that sum of money which a person,
desirous but not compelled to buy, and an owner, willing, but not compelled to sell,
would agree on as a price to be given and received therefor. (Republic of the
Philippines vs. Asia Pacific Integrated Steel Corporation, G.R. No. 192100, March
12, 2014). This includes not only the determination of the amount to be paid (market
value) to the owner of the land but also the payment of the and within a reasonable
period of time from its taking (Municipality of Makati v. Court of Appeals, G.R. No.
89898-99, Oct. 1, 1990). It also includes interest in case of delay.
c.) Subject property must be private property
d.) Valid taking of subject property-
a. Expropriator must Enter the private property
b. Entrance must not be for a momentary period, must be Permanent

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 c. Entry must be under warrant or color of legal Authority
d. Property must be devoted to a Pubic use
e. Utilization of property must Deprive owner of all beneficial enjoyment of
the property (Republic v. Vda Castellvi, G.R. No. L- 20620, Aug. 15, 1974)
e.) Due process must be observed-

 TAXATION: Power by which the State raises revenue to defray the necessary expenses of the
Government; the most effective instrument to raise needed revenues to finance and support
myriad activities for the delivery of basic services essential to the promotion of the general
welfare and the enhancement of peace, progress, and prosperity of the people. (National
Power Corporation vs. City of Cabanatuan, G.R. No. 149110, April 9, 2003)

II. GENERAL PRINCIPLES OF TAXATION

A. Definition, characteristics and purpose of taxation

 DEFINITION- Taxation is the power inherent in every sovereign State to impose a charge or
burden upon persons, properties, or rights to raise revenues for the use and support of the
government to enable it to discharge its appropriate functions. It raises and accumulates
revenue from its inhabitants to pay the necessary expenses of the government. Constitutes
destructive (but not confiscatory or arbitrary) power which interferes with the personal and
property rights of the people and takes from them a portion of their property for the support of
the government.
Elements: 1. It is an enforced proportional contribution from persons and properties; 2. It is
imposed by the State by virtue of its sovereignty; 3. It is levied for the support of the
government. (PCGG v. Cojuangco, G.R. No. 147062-64, 2001)

 CHARACTERISTICS – it is inherent in sovereignty as an attribute or incident thereof, being

essential to the existence of independent government.

 PURPOSE:
1) Primary or Revenue-raising; where the sovereign raises revenue to defray the necessary
expenses of government.
2) Secondary or non revenue-raising/special or regulatory/sumptuary; It is used to attain
non-revenue objectives and pursue policy decisions.
Regulation of activities: such as imposition of tax on sale or lease of video grams to
answer the need to regulate the video and film industry against effects of piracy, and
violations of IPR.
Also to rehabilitate and save industries threatened.

B. Power of taxation as distinguished from police power and eminent domain

C. Scope and limitations of taxation

1. Inherent and constitutional limitations of taxation

 INHERENT: Public purpose, Inherently Legislative (except valid delegation),

Territorial, International comity, Exempts Government Entities, agencies, and
instrumentalities (excluding those engaged in proprietary functions).

1) Public Purpose: must be existing at the time of its enactment.

2) Inherently legislative: the power to determine kind, object, extent, amount,
coverage, and situs of tax is legislative (assess and collect BIR executive)
Exception: (Valid delegation)

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 o Delegation to Local governments- in line with right to self-government
o Delegation to the President- includes delegation of tariff powers by
Congress to the President under the flexible tariff clause (Sec. 28(2), Art.
VI, Constitution), and delegation of emergency powers (Sec. 23(2), Art. VI,
Constitution)
o Delegation to Administrative Agencies – to fix within specified limits, tariff
rates, import or export quotas, tonnage and wharfage dues and other duties
or imposts.
3) Territorial
4) Adheres to International Comity
5) Exempts Government I/A/E); A state must recognize the generally accepted
tenets of international law, they must accord each other as sovereign equals. This
limits the authority of a government to effectively impose taxes on a sovereign
state and its instrumentalities, as well as on its property held, and activities
undertaken, in that capacity. (Vitug) For example, a property of a foreign State
or government may not be taxed by another State.

 CONSTITUTIONAL: (directly or indirectly affecting)

A. DIRECTLY AFFECTING
1) Prohibition against imprisonment for non-payment of poll tax (does not extend to fines
and penalties for non-payment) Sec. 20, Art. III
2) Uniformity and equality of taxation (Sec. 28 (1), Art VI, Constitution) - all articles or
properties of the same class taxed at the same rate
3) Grant by Congress of authority to the President to impose tariff rates (flexible tariff
clause) (Sec. 28 (2), Art. VI, Constitution)
o Includes import and export quotas, tonnage and wharfage dues aside from tariff rates
o Delegated by the Congress
o Through a law; the Tariff and Customs Code has provided for what has been termed
as the “flexible tariff clause” authorizing the President to modify import duties (Sec.
401, TCC)
o Subject to Congressional limits and restrictions Within the framework of national
development program
4) Prohibition against taxation of religious, charitable and educational entities/Exemption
from real property taxes (Sec. 28 [3], Art. VI, Constitution)
5) Prohibition against taxation of non-stock, non-profit [educational] institutions (Sec.
4[3&4], Art. XIV, Constitution) -MUST BE actually, directly and exclusively used for
educational purposes.
For proprietary institutions: 10% preferential tax rate, Govt institutions: Exempt
6) Majority vote of Congress for grant of tax exemption (Sec. 28 [4], Art. VI, Constitution)
• Includes amnesties, condonations and refunds
• Involves majority of all members voting separately
• Relative majority (majority of quorum) is sufficient to withdraw exemption
7) Prohibition on use of tax levied for special purpose (Sec. 29 [3], Art. VI, Constitution)
Revenues derived for a special fund shall be administered for the purpose intended only
8) President’s veto power on appropriation, revenue, and tariff bills (Sec. 27 [2], Art. VI,
Constitution) The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to
which he does not object.
9) Grant of power to the local government units to create its own sources of revenue (Sec. 5,
Art. X, Constitution) Each local government unit shall have the power to create its own
sources of revenues and to levy taxes, fees and charges subject to such guidelines and
limitations as the Congress may provide, consistent with the basic policy of local
autonomy. Such taxes, fees, and charges shall accrue exclusively to the local
governments.
10) Flexible tariff clause (Sec. 28 [2], Art. VI, Constitution) The Congress may, by law,
authorize the President to fix within specified limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage
dues, and other duties or imposts within the framework of the national development
program of the Government.

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 11) No appropriation or use of public money for religious purposes (Sec. 29 [2], Art. VI,
Constitution) No public money or property shall be appropriated, applied, paid, or
employed, directly or indirectly, for the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of religion, or of any priest, preacher,
minister, other religious teacher, or dignitary as such, except when such priest, preacher,
minister, or dignitary is assigned to the armed forces, or to any penal institution, or
government orphanage or leprosarium.
12) Tax bills should originate exclusively in the House of Representatives (Sec. 24, Art. VI,
Constitution) All appropriation, revenue or tariff bills, bills authorizing increase of the
public debt, bills of local application, and private bills shall originate exclusively in the
House of Representatives, but the Senate may propose or concur with amendments.
13) Judicial power to review legality of tax (Sec. 5 (2b), Art. VIII, Constitution) The Supreme
Court shall have the power to Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or the Rules of Court may provide, final judgments and orders of
lower courts in all cases involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed in relation thereto

B. INDIRECTLY AFFECTING
1) Due Process – Should not be harsh, confiscatory, TP with right to notice and hearing. The
taxing power of a state does not extend beyond its territorial limits, but within such it may tax
persons, property, income, or business (Manila Gas v. Collector, G.R. No. L-24780, 1936)
2) Equal Protection – All persons subject to legislation shall be treated alike, under like
circumstances and conditions both in privileges conferred and liabilities imposed.
o REQUISITES FOR A VALID CLASSIFICATION:
The classification to be valid must: 1. Rest on substantial distinctions; 2. Be germane to
the purpose of the law; 3. Not be limited to existing conditions only; and 4. Apply equally
to all members of the same class.
3) Religious Freedom - free exercise and enjoyment of religious profession and worship
carries with it the right to disseminate religious information. (American Bible Society v. City
of Manila, G.R. No. L-9637, 1957) Activities that are simply and purely for propagation of
faith are exempt.
4) Non-impairment of contracts – only when government is party to the contract granting
exemption.

2. Territoriality principle and situs of taxation

 Situs is the place of taxation; power to tax is limited to the territorial jurisdiction of
the taxing state. It is the place or authority that has the right to impose and collect
taxes. (CIR v. Marubeni Corp. GR No. 137377, December 18, 2001)
Exception: where privity of relationship exists, the State can exercise its taxing
powers over its citizen outside its territory.
a. Situs of Income Tax
 Factors that determine the situs of income tax (Sec. 23, NIRC):
1. Nationality 2. Residency 3. Source of Income

 SOURCES WITHIN:
(a) Interests on bonds, notes or other interest-bearing obligations of residents of the
Philippines (residence of debtor rule).
(b) Dividends from a domestic corporation. From a foreign corporation, if at least
50% of the foreign corporation’s gross income for a three-year base period is derived
from Philippine sources.
(c) Compensation for services performed within the Philippines.
(d) Rentals and royalties from properties located in the Philippines or any interest in
such property including rentals or royalties for the use of or for the privilege of using
within the Philippines, patents, copyrights and other like properties.
(e) Sale of real property located in the Philippines.
(f) Sale of personal property –
i. By the producer or manufacturer: sale of personal property produced by
the taxpayer within and sold without the Philippines, or produced without

9
 and sold within the Philippines, shall be treated as derived from sources
within and partly from sources without the Philippines. Conversely, sale of
personal property produced within and sold within the Philippines, or
produced without and sold without the Philippines, shall be treated as
derived from sources entirely within the Philippines and entirely without the
Philippines, respectively.
ii. By a taxpayer other than the producer of manufacturer: gains, profit, and
income derived from the purchase within and its sale without the
Philippines, or from the purchase without and its sale within shall be treated
as derived entirely from sources within the country in which the personal
property is sold.

 SOURCES WITHOUT:
(a) Interest other than those derived from sources within the Philippines.
(b) Dividends other than those derived from sources within the Philippines.
(c) Compensation for services performed without the Philippines.
(d) Rentals and royalties from property located without the Philippines or from any
interest in such property, including rentals or royalties for the use of or for the
privilege of using without the Philippines, patents, copyrights and other like
properties.

 INCOME PARTLY WITHIN AND WITHOUT: (other than those defined above)
Objects and corresponding Situs:

Person  Residence, Domicile, Citizenship

Real Property  Location of the property
Tangible Personal Property  Physical location although the owner resides in
another jurisdiction
Royalties  Where the use of or right to use is exercised.
Income  Citizenship Residence Source of Income
Transfer of property  Citizenship Residence Location of Property
Business or Occupation  Where the act/business/occupation is performed/exercised

D. Requisites of a valid tax

1. Must be for a public purpose;

2. Should be uniform and equitable;
3. Either the person or property taxed is within the jurisdiction of the taxing
authority;
4. Complies with the requirements of due process; and
5. Does not infringe any constitutional or inherent limitations

E. Tax as distinguished from other forms of exactions

 TAX v. CUSTOMS DUTY (Importation or export of goods)

 TAX v. TOLL (Demand of ownership, Collection for the use of property, Fair return
of the cost of the property or improvement)
 TAX v. LICENSE FEE (Emanates from the police power of the State, regulatory,
Right to exercise a privilege, Only necessary to carry out regulation)

F. Kinds of taxes

1. As to subject matter or object

10
  a.Personal, Capitation, or Poll Tax
1. Fixed amount
2. Individuals residing within specified territory
3. Without regard to their property, occupation or business Example: Community
Tax (Cedula)
 b.Property Tax
4. Imposed on property, real or personal
5. In proportion to its value or other reasonable method of apportionment (Example:
Real estate tax)
 c.Excise/Privilege tax
6. Imposed upon the performance of an act, the enjoyment of a privilege or the
engagement in an occupation, profession or business
7. This is different from the excise tax of Title VI of the NIRC Example: Income tax,
VAT, estate tax, donor’s tax

2. As to who bears the burden or incidence

 a.Direct
8. imposed on the person who also bears the burden thereof (Example: income tax,
community tax, estate tax )
 b.Indirect
9. imposed on the taxpayer who shifts the burden of the tax to another (Maceda v.
Macaraig, Jr., 1991) (Example: VAT, specific tax, percentage tax, customs duties)

General Rule: The proper party to seek a refund is the statutory taxpayer. (Silkair v.
CIR, G.R. No. 173594, 2008) Exception: if the law confers exemption from both
direct or indirect taxes, claimant is entitled to a refund even if claimant is not the
statutory taxpayer but only bears the economic burden of the tax. (Philippine Airlines
v. CIR, G.R. No. 198759, 2013)

3. As to tax rates or determination of amount

 a.Specific
10. tax imposed and based on a physical unit of measurement, as by head, number,
weight, length or volume (Example: Tax on distilled spirits, fermented liquors,
cigars)
 b.Ad Valorem
11. tax of a fixed proportion of the value of property with respect to which the tax is
assessed; requires intervention of assessor. (Example: Real estate tax, excise tax on
cars, nonessential goods_
 c.Mixed

4. As to purposes
 a.General, fiscal or revenue
12. imposed for the general purpose of supporting the government Example: Income
tax, percentage tax
 b.Special or regulatory
13. imposed for a special purpose, to achieve some social or economic objectives
(Example: Protective tariffs or customs duties)
5. As to scope or authority to impose
 a.National
14. imposed by the national government (Example: National internal revenue taxes,
custom duties)
 b.Municipal or local
15. imposed by the municipal corporations or local governments (Example: Real
estate tax, occupation tax )
6. As to graduation of rate (three systems of taxation)

11
  a.Progressive or graduated
16. tax rate increases as the tax base or bracket increases (Example: Income tax,
estate tax, donor’s tax)
 b.Regressive
17. tax rate decreases as the tax base increases
 c.Proportionate or Flat
18. based on a fixed percentage of the amount of the property, income or other basis
to be taxed (Example: Real estate tax, VAT, percentage tax)
 d.Mixed
19. the tax rates are partly progressive and partly regressive.

G. Doctrines in taxation

1. Lifeblood theory – taxes are the lifeblood of the Government. Without revenue raised from
taxation, the government will not survive, resulting in detriment to society. Without taxes, the
government would be paralyzed for lack of motive power to activate and operate it.
(Commissioner v. Algue, G.R. No. L-28896, 1988)

2. Construction and interpretation of tax laws, rules, and regulations - Taxation is the rule
while exemption is the exception.

a) Tax Laws

General rule: Tax laws are construed liberally in favor of the government and strictly against
the taxing authority. In case of doubt, tax statutes are construed strictly against the
government and liberally in favor of the taxpayer (CIR v. CA, G.R. No. 107135, 1999) Taxes,
being burdens, are not to be presumed beyond what the statute expressly and clearly declare.
Tax statutes offering rewards are liberally construed in favor of informers.

Exception: Where the language of the tax statute is plain and there is no doubt as to
the legislative intent. In such case, the words employed are to be given their ordinary
meaning.

b) Tax Exemptions and Exclusions

General rule: Exemptions are not favored and are construed strictissimi juris against the
taxpayer. An exemption from the common burden cannot be permitted to exist upon vague
implication or inference.

Exceptions:

1. When the law itself expressly provides for a liberal construction, that is, in case of
doubt, it shall be resolved in favor of exemption.
2. When the exemption is in favor of the government itself or its agencies because the
general rule is that they are exempt from tax
3. When the exemption refers to religious, charitable and educational institutions
4. When there is an express mention or when the taxpayer falls within the purview of
the exemption by clear legislative intent, the rule on strict construction does not
apply.

c) Tax Rules and Regulations – The construction placed by the office charged with
implementing and enforcing the provisions of the NIRC should be given controlling weight
unless such interpretation is clearly erroneous

3. Prospectivity of tax laws - A tax law must only be applicable and operative prospectively,
unless, retroactive application is provided.

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 4. Imprescriptibility of taxes - Although the NIRC provides for the limitation in the
assessment and collection of taxes imposed, such will only be applicable to those taxes where
a tax return is required. The prescriptive period shall start from the time the taxpayer files the
tax return and declares his liability. (Bisaya Land Transportation Co. v. Collector of Internal
Revenue, G.R. Nos. L-12100 & L-11812, 1959). Unless otherwise provided by the tax law
itself, taxes in general are imprescriptible. (CIR v. Ayala Securities Corporation, G.R. No. L-
29485, 1976) The law on prescription being a remedial measure should be interpreted liberally
in favor of the taxpayer in order to protect the taxpayer. (Republic v. Ablaza, G.R. No.
L14519, 1960)

5. Double taxation (DIRECT OR INDIRECT)

 DIRECT: The same property is taxed twice when it should be taxed only once.
PROHIBITED
Both taxes must be imposed:
i. On the same property or subject matter;
ii. For the same purpose;
iii. By the same taxing authority;
iv. Within the same jurisdiction or taxing district and during the same
period; and v. They must be of the same kind or character of tax.
(Villanueva v. City of Iloilo, G.R. No. L-26521, 1968)
 INDIRECT: It means indirect duplicate taxation. It extends to all cases in which there
are two or more pecuniary impositions. The Constitution does not prohibit the
imposition of double taxation in the broad sense.
 NOTE: Constitutionality of Double Taxation ; The SC held that there is no
constitutional prohibition against double taxation in the Philippines. (Villanueva v.
City of Iloilo, G.R. No. L-26521, 1968) Therefore, it may not be a valid defense
against the validity of a tax measure. (Pepsi-Cola v. Tanauan, G.R. No. L-31156,
1976) What is prohibited is direct double taxation.

6. Exemption from taxation

 The grant of immunity to particular persons or corporations or to persons or

corporations of a particular class from a tax which persons and corporations generally
within the same state or taxing district are obliged to pay. It is an immunity or
privilege; it is freedom from a financial charge or burden to which others are
subjected. (Greenfield v. Meer, G.R. No. 156, 1946)
 Exemption from taxes is personal in nature and covers only taxes for which the
taxpayer-grantee is directly liable. strictly construed against the taxpayer because
such provisions are highly disfavored and may almost be said to be odious to the law.
(Manila Electric Company v. Vera, G.R. No. L-29987, 1975)
 General Rule: Exemptions are not presumed. (Exception: When public property is
involved (i.e., exemption is the rule, and taxation, the exception)
 Kinds: Express or Implied
Express: entirely or partly such as, Intercorporate dividends by a domestic
corporation from another domestic corporation; Section 105 of the Tariff and
Customs Code ; Section 234 of the Local Government Code ; Other special laws such
as Omnibus Investment Code of 1987 and Philippine Overseas Shipping Act
Implied: when a tax is levied on certain classes of person, properties or transactions
without mentioning the other classes. Every tax statute makes exemptions since all
those not mentioned are deemed exempted. The omission may either be accidental or
intentional.
Contractual: Those lawfully entered into by the government in contracts under
existing laws. These exemptions must not be confused with the tax exemptions
granted under franchises, which are not contracts within the context of non-
impairment clause of the Constitution. (Cagayan Electic Co. v. CIR, G.R. No. L-
60126, 1985),

13
 The mere undertaking of NPC under the Agreement, that it shall be responsible for
the payment of all real estate taxes and assessments, does not justify the exemption of
FELS – a private company. The privilege granted to NPC cannot be extended to
FELS. (Fels Enegry, Inc. v. Province of Batangas, G.R. Nos. 168557 & 170628,
2007)

7. Escape from taxation (Shifting of Tax Burden, Avoidance, Evasion)

 SHIFTING OF BURDEN- The imposition of tax is transferred from the statutory

taxpayer to another without violating the law. Ways of shifting the tax burden
(FBO):
● Forward shifting: The transfer of burden from the producer to distributor
until it finally reaches the ultimate purchaser or consume
● Backward shifting: The reverse of forward shifting, e.g. the manufacturer
has agreed to buy the supplier’s product only if the price is reduced by the
amount of tax
● Onward shifting: The tax burden is shifted twice or more either forward or
backward
NOTE: These are taxes which can be shifted: 1) VAT 2)Percentage tax 3)Excise tax
on excisable articles 4) Ad valorem taxes that oil companies pay to BIR upon
removal of petroleum products from its refinery.

 TAX AVOIDANCE – also called tax minimization, is a tax saving device that is
legally permissible The Court held that tax avoidance is the use of a tax saving
device within the means sanctioned by law. Any tax avoidance scheme should be
used by the taxpayer in good faith and at arm’s length (CIR v Estate of Benigno
Toda Jr., G.R. 147188, 2004)

A merger or reincorporation is undertaken for a bona fide purpose and not solely for
the purpose of escaping the burden of taxation, it is not evasion.

 TAX EVASION – connotes fraud through the use of pretenses and forbidden
devices to lessen or defeat taxes; must be willful and intentional.
Integration of three factors:
1. End to be achieved, i.e., the payment of less than that known by the
taxpayer to be legally due, or the non-payment of tax when it is shown that a
tax is due;
2. Accompanying state of mind which is described as being "evil," in "bad
faith," "willful," or "deliberate and not accidental"; and
3. Course of action or failure of action, which is unlawful. (Toda, Jr. v. CA,
G.R. No. 78583, 1990).

8. Equitable recoupment – When a taxpayer is entitled to a claim for refund but he was not
able to file a written claim within the prescribed time, the taxpayer is allowed to credit the
amount for refund against his existing liability. This is not allowed in the Philippines and is
applied in common law countries.

9. Prohibition on compensation and set-off – Taxes are not subject to set-off or legal
compensation because the government and the taxpayer are not mutual creditor and debtor of
each other. (Republic v. Mambulao Lumber Co., G.R. No. L-17725, 1962; Caltex Phils. v.
COA, G.R. No. 92585, 1992)

Taxes are not subject to set-off or compensation for the following reasons:

1. Taxes are of distinct kind, essence and nature, and these impositions cannot be
classed in merely the same category as ordinary obligations;
2. The applicable laws and principles governing each are peculiar, not necessarily
common, to each other; and

14
 3. Public policy is better subserved if the integrity and independence of taxes are
maintained. (Republic v. Mambulao Lumber Co., G.R. No. L-17725, 1962

III. LEGISLATIVE DEPARTMENT

A. Legislative Power

 The power to propose, enact, amend, and repeal laws.

1. Scope and limitations
 Exercised by:
1) Congress
2) Local/Regional Legislative Authority (statute shall have indicated the subject matter over
which the local law-making agency may legislate).
2. Principle of non-delegability; exceptions
 What has been delegated can no longer be delegated. (Potestas delegate non potest delegare)
 Delegated power constitutes not only a right, but a duty to be performed by the delegate
through the instrumentality of his own judgment and not through the intervening mind of
another.
 GENERAL RULE: Congress cannot pass laws delegating such power to some other
department, branch, or instrumentality of the government.
EXCEPTIONS:
1. Subordinate legislation made by administrative agencies. – Administrative agencies have
the power to ―fill-up the details‖ of a statute passed by Congress in the course of its
implementation. 2. Delegated legislative power to local governments – Local governments
may be allowed to legislate on purely local matters (Sec. 9, Art. IX)
3. Legislative power reserved to the people by the provision on initiative and referendum (Sec.
1, Art. VI)
4. Emergency power delegated to the Executive during State of War or National Emergency
(Sec. 23[2], Art. VI)
5. Certain taxing powers of the President (Sec. 28[2], Art. VI)

 Permissible Delegation
By Direct Constitutional Grant:
a. Delegation of tariff powers to the President (Sec. 28[2], Art. VI, 1987
Constitution);
b. Delegation of emergency powers to the President (Sec. 23[2], Art. VI, 1987
Constitution);
c. Delegation to local government;
d. Rule-making power of the Supreme Court (Sec. 5[5], Art. VIII, 1987
Constitution); and
e. Rule-making power of Constitutional Commissions. (Sec. 6, Art. IX-A; Sec. 3,
Art. IX-C; Sec. 2[2], Art. IX-D, 1987 Constitution)

By legislative grant: Delegation of powers to administrative bodies (also called Subordinate

Legislation)

 Tests for Valid Delegation (Pelaez vs. Auditor General, G.R. No. L – 23825, December 24,
1965)
1. Completeness Test: The law must be complete in all its essential terms and conditions
when it leaves the legislature so that there will be nothing left for the delegate to do when
it reaches him except to enforce it.
2. A sufficient standard is intended to map out the boundaries of the delegate‘s authority
by defining the legislative policy and indicating the circumstances under which it is to be
pursued and effected; intended to prevent a total transference of legislative power from
the legislature to the delegate.

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B. Houses of Congress; compositions and qualifications

1. Senate: (24) Senators,

o Qualifications: Natural-born, at least 35-years old at the time of election, read and write, resident
of the PH 2 years immediately preceding the day of election.
o Term: 6 yrs commencing at June 30 noon, following election, not serve more than 2 terms,
Voluntary renunciation not an interruption in continuity of service)

2. House of Representatives: not more than 250, unless fixed by law.

o Qualifications: Natural-born, at least 25 yrs (for Youth reps must not be more than 30 yrs old),
read and write, for Dist.Reps must be a registered voter where he intends to serve, resident thereof
1 yr immediately preceding election (if not domicile of origin, 1 yr must be satisfied).
o Composition: (a) District Representatives (80% of seats) (b) Party-list representative (20% of
seats, provided not more than 3 seats)
o Term: 3 yrs commencing noon of June 30, following election

a. District representatives and questions of apportionment-

 Rules on apportionment of legislative districts Under the Constitution
1. Legislative districts shall be made in accordance with the number of
respective inhabitants and on the basis of a uniform and progressive ratio
2. Each district shall comprise, as far as practicable, Contiguous, Compact and
Adjacent territory. (CCA)
3. Each city with at least 250,000 inhabitants will be entitled to at least one
representative while each province will have at least one representative.
4. Each province, irrespective of the number of inhabitants, is entitled to at least
1 representative
5. Legislative districts shall be re-apportioned by Congress within 3 years after
the return of each census.

 Gerrymandering- Formation of one legislative district out of separate territories for

the purpose of favoring a candidate or a party. This is the reason why the
Constitution requires that Legislative Districts be continuous, compact, and adjacent.

b. Party-list system- a mechanism or proportional representation in the election of

representatives to the House of Representatives from national, regional and sectoral
parties or organizations or coalitions thereof registered with the Commission on Election.
 Computation of Additional Seats: In computing the additional seats, the
guaranteed seats shall no longer be included because they have already been
allocated, at one seat each, to every two-percenter. Thus, the remaining available
seats for allocation as ―additional seats‖ are the maximum seats reserved under
the Party-List System less the guaranteed seats. Fractional seats are disregarded
in the absence of a provision in RA 7941 allowing for a rounding off of
fractional seats
 Sec. 2 of RA 7941, the nominees must be Filipino citizens ―who belong to
marginalized and underrepresented sectors, organizations and parties.‖ Surely,
the interests of the youth cannot be fully represented by a retiree; neither can
those of the urban poor or the working class, by an industrialist. To allow
otherwise is to betray the State policy to give genuine representation to the
marginalized and underrepresented. (Ang Bagong Bayani-OFW Labor Party vs.
Commission on Elections, G.R. No. 147589, June 26, 2001)

C. Legislative privileges, inhibitions, and qualifications (Sec. 1-32, Art. VI)

 PRIVILEGES (Sec. 10, 11, 12 of Art VI)

o Salary- Term must have been expired before the increase in compensation can becomes operative.

16
 o Parliamentary Immunity- Immunity of Arrest and Detention, Freedom of Speech and Debate
 To enable the lawmakers to perform legislative duty without fear of criminal prosecution.
However, the provision does not protect them from possible disciplinary actions that their
colleagues might impose.
 This privilege insulates the member concerned from suits that may be filed against him
for a speech, utterance or other form of expression made in Congress or in any of its
committees in the discharge of legislative duty.

 INHIBITIONS (Sec. 13, Art. VI)

o Personally appear as Counsel before any court or ET
o Be financially interested directly or indirectly, in any contract or franchise or special privilege
granted by Govt and any of SAI, including GOCC
o Not intervene in any matter before any office of Govt for his pecuniary benefit, or where he may
be called upon to act on account of his office

 QUALIFICATIONS
o Incompatible - a member cannot accept any other office employment in government during his
term unless he waives or forfeits his seat in Congress.
 Shall last only for the duration of the term for which the member of Congress was elected
but lasts even if he resigns from Congress before the end of his term.
o Forbidden - a member of Congress cannot be appointed to any office which may have been created
or the emoluments thereof increased during the term for which he was elected. (Sec. 13, Art. VI,
1987 Constitution).

D. Quorum and voting majorities (Sec. 16, Art. VI)

ACT PARTIES VOTING REQUIREMENT

Initiate impeachment proceeding House of Representatives 1/3 of ALL members of the

House
Convict an impeachable officer Senate 2/3 of ALL members
Proposal to amend or revise the Both Houses (Constituent ¾ of ALL members
Constitution Assembly)
Constitutional Convention Both Houses ¾
Concur in Treaties or International Senate 2/3 ALL members
Agreements
Override the veto of the President in the Both Houses, voting separately 2/3 of ALL members
passage of a Bill
Declare the existence of war Both Houses, voting separately 2/3
Joint session assembled
Concur in Executive‘s power to grant Both Houses Majority of ALL members
amnesty, reprieves, commutations, and
pardons
Submit to the electorate the question of Both Houses Majority of ALL members
calling a Constitutional Convention

Declare that the President is unable to Both Houses, voting separately 2/3
discharge the powers and duties of his
office
Revoke or extend the President‘s Both Houses, voting separately Majority of ALL members
suspension of the privilege of the Writ of
Habeas Corpus or proclamation of Martial
Law
Call a Constitutional Convention Both Houses 2/3 ALL members
To put the yeas and nays in the journal Each House 1/5

17
 To elect a Senate President Senate 2/3 of ALL members
To elect the Speaker of the House of House of Representatives 2/3 of ALL members
Representative
To determine the rules of its proceedings, Each House 2/3 of ALL members
suspend for at most sixty (60) days or
expel a member of such House; or
discipline members for disorderly
behaviour.
In case of vacancy by the VP, Both Houses, voting separately Majority of ALL members
confirmation of a new VP nominated by
the President.
Law granting tax exemption Both Houses Majority of ALL members
To constitute a quorum to do business Each House Majority of each House

E. Discipline of members (Sec. 16 (3) , Art. VI)

 Suspension v. Expulsion
1. SUSPENSION - shall not exceed 60 days, with the concurrence of 2/3 of all its members.
2. EXPULSION - concurrence of 2/3 of all its members

F. Process of law-making

 Bill – a proposed legislative measure introduced by a member or members of Congress for enactment
into law. Bills may originate from either the lower or upper House. Except bills which shall originate
exclusively in the House of Representatives: 1. appropriation bills; 2. revenue or tariff bills; 3. bills
authorizing increase of public debt; 4. bills of local application; and 5. private bills.
 Steps in the passage of bill into law:
(1) First Reading: Involves the reading of the number and the title of the measure and referring of it to
proper authority. Shall embrace only one subject to be stated in the title of the bill. Three readings
on separate days; printed copies of the bill in its final form, distributed to members three (3) days
before its passage, except when the President certifies to its immediate enactment to meet a public
calamity or emergency; upon its last reading, no amendment shall be allowed and the vote thereon
taken immediately and the yeas and nays entered into journal. The rule is sufficiently complied
with if the title is comprehensive enough as to include the general object which the statute seeks to
effect, and where, as here, the persons interested are informed of the nature, scope and
consequences of the proposed law and its operation. (Imbong vs Ochoa, G.R. No. 204819, April
24, 2014)
(2) Second Reading: The bill is read in its entirety, scrutinized, debated upon, and amended if
necessary. The most important stage in the passage of a bill. If the Bill is approved on second
reading is printed in its final form and copies thereof are distributed at least three days before the
third reading
(3) Third Reading: Members registered their votes, either yea or nay (Art. VI, Sec. 26, par. (2), 1987
Constitution) and explain their vote if they are allowed by the rules)

G. Appropriation and re-alignment

 APPROPRIATION LAW – a statute the primary and specific purpose of which is to authorize the
release of public funds from the Treasury. It has been held that power of appropriation involves (a) the
setting apart by law of a certain sum from the public revenue for (b) a specified purpose. General (one
passed annually), Specific (designed for a specific purpose)
 The spending power, called the Power of the Purse belongs to Congress, subject only to the veto power
of the President.
 Power of Augmentation- The President, President of the Senate, Speaker of the House, Chief Justice of
the Supreme Court, heads of Constitutional Commissions may by law, be authorized to augment any
item in the general appropriations law for their respective offices from savings in other items of their
respective appropriation. (Art. VI, Sec. 25, par. (5), 1987 Constitution)

18
  Requisites for a valid transfer of funds: 1) law authorizing Senate President, Chief justice, and Heads of
ConComs to transfer funds within their offices ( Not CROSS BORDER w/c is prohibited) 2) The funds
to be transferred are savings generated from the appropriations for their respective offices; 3) The
purpose of the transfer is to augment an existing item in the general appropriations law for their
respective offices (Araullo vs. Aquino, G.R. No. 209287, July 1, 2014)

H. Legislative inquiries and oversight functions

 Section 22 pertains to the power to conduct a question hour, the objective of which is to obtain
information in pursuit of Congress' oversight function. Question Hour ± Appearance of department
heads before Congress to give account of their stewardship (Bernas, 1987 Philippine Constitution: A
Commentary, 769, 2009).
 CONGRESSIONAL OVERSIGHT – embraces all activities undertaken by Congress to enhance its
understanding of and influence over the implementation of legislation it has enacted. It concerns post-
enactment measures undertaken by the same. It includes the following:
a. To monitor bureaucratic compliance with program objectives.
b. To determine whether agencies are properly administered.
c. To eliminate executive waste and dishonesty.
d. To prevent executive usurpation of legislative authority
e. To assess executive conformity with the congressional perception of public interest.
 The power of oversight has been held to be intrinsic in the grant of legislative power itself
and integral to the checks and balances inherent in a democratic system of government. It
has also been used to ensure the accountability of regulatory commissions like the
Securities and Exchange Commission. Unlike other ordinary administrative agencies,
these bodies are independent from the executive branch and are outside the executive
department in the discharge of their functions. (Makalintal vs. Commission on Elections,
G.R. No. 157013, 2003)
 The power of oversight embraces all activities undertaken by Congress to enhance its
understanding of and influence over the implementation of legislation it has enacted.
Clearly, oversight concerns postenactment measures undertaken by Congress: (a) to
monitor bureaucratic compliance with program objectives, (b) to determine whether
agencies are properly administered, (c) to eliminate executive waste and dishonesty, (d) to
prevent executive usurpation of legislative authority, and (d) to assess executive
conformity with the congressional perception of public interest. (Abakada Guro Partylist
vs Purisima, GR No. 166715, August 14, 2008)

I. Power of impeachment

 IMPEACHMENT – the power of the Congress to remove a public official for serious crimes or
misconduct as provided in the Constitution. (Corona vs. Senate of the Philippines, G.R. No. 200242,
July 17, 2012)
 Process of Impeachment:
The House of Representatives shall have the exclusive power to initiate all cases of impeachment,
while the Senate shall have the sole power to try and decide all cases of impeachment.
 Grounds for Impeachment a. Culpable violation of the Constitution b. Treason c. Bribery d. Graft and
Corruption e. Other High Crimes f. Betrayal of Public Trust

J. Electoral tribunals and the Commission on Appointments

 Although the Electoral Tribunals are predominantly legislative in membership and the provision
creating them is found in Art. VI on the Legislative Department, it is not correct to say that they are
mere adjuncts of the Congress of the Philippines. In fact, in the discharge of their constitutional duties,
they are independent of the legislature, and also of the other departments for that matter. (Cruz,
Philippine Political Law, 2014)
 COAp

19
 -Composition: a. Senate President as ex-officio chairman b. 12 Senators c. 12 Members of the House of
Representatives

1. Powers and Jurisdiction

COAP powers
Powers:
a. The Commission shall act on all appointments submitted to it within 30 session days of
Congress from their submission.
b. The Commission shall rule by majority vote of its members.
c. The Commission shall meet only while Congress is in session, at the call of its Chairman or a
majority of all its members.
d. The Commission on Appointments is independent of the two Houses of Congress. Its employees
are not, technically, employees of Congress. It has the power to promulgate its own rules of
proceedings.
e. The powers of the Commission do not come from Congress, but emanate directly from the
Constitution. Hence, it is not an agent of Congress. In fact, the functions of the Commissioner are
purely executive in nature. (Cunanan vs Tan, G.R. No. L-19721, May 10, 1962)

 REGULAR APPOINTMENTS – takes place when the President appoints an officer

whose appointment requires confirmation by the Commission, while Congress is in
session.

 AS INTERIM or RECESS APPOINTMENT – happens when Congress is not in session.

Unlike regular appointments, an ad-interim appointment made by the President is
complete in itself and effective at once, even without confirmation. (

K. Initiative and referendum

INITIATIVE – the power of the people to propose amendments to the constitution, or to propose and enact
legislation through an election called for the purpose.(R.A. No. 6735, Sec. 3, par.

(a) Three Systems of Initiative

 Initiative on the Constitution – a petition proposing amendments to the constitution;

 Initiative on statutes – a petition proposing to enact a national legislation; and

 Initiative on local legislation – a petition proposing to enact a regional, provincial, city,

municipal or barangay law, resolution, or ordinance.

 Local Initiative Not less than two thousand (2,000) registered voters in case of autonomous
regions, one thousand (1,000) in case of provinces and cities, one hundred (100) in case of
municipalities, and fifty (50) in case of barangays, may file a petition with the Regional Assembly
or local legislative body, respectively, proposing the adoption, enactment, repeal, or amendment,
of any law, ordinance or resolution. (R.A. No. 6735, Sec. 13)
 Power of the people to propose bills and laws, and to enact or reject them at the polls independent
of the legislative assembly.

REFERENDUM – the power of the electorate to approve or reject legislation through an election called for that
purpose. Two Classes of Referendum

 Referendum on statutes – a petition to approve or reject an act or law, or part thereof, passed by
Congress.

 Referendum on local laws – a petition to approve or reject a law, resolution or ordinance enacted by
regional assemblies and local legislative bodies.

 The right reserved to the people to adopt or reject any act or measure which has been passed by a
legislative body and which in most cases would without action on the part of electors become a law.

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IV. EXECUTIVE DEPARTMENT

A. Qualifications, election, and term of the President and Vice- President

 Qualifications of the President and the VicePresident

1. Natural-born citizen of the Philippines;

2. At least 40 years of age on the day of the election;
3. Able to read and write;
4. Registered voter; and
5. Resident of the Philippines for at least 10 years immediately preceding such election. (Sec. 4, Art.
VII, 1987 Constitution)

 ELECTION
1. Regular- 2nd Monday of May, every 6 years (Sec. 4, Art. VII, 1987 Constitution)
2. Special-Requisites:
a. Death, permanent disability, removal from office, or resignation of both the President and
the Vic-President;
b. If the vacancies occur more than 18 months before the next regular presidential election;
and
c. A law passed by Congress calling for a special election to elect a President and Vice-
President to be held earlier than 45days not later than 60 days from the time of such call. (Sec.
10, Art. VII, 1987 Constitution)

 Term of Office
1. The President and the Vice-President shall be elected by direct vote of the people for a term of 6
years. (Sec. 4, Art. VII, 1987 Constitution)
2. The President shall NOT be eligible for any re-election. No person who succeeds as President and
has served as such for more than 4 years shall be qualified for election to the same office at any time.
(Sec. 4, par. (1), Art. VII, 1987 Constitution)
3. No Vice-President shall serve for more than 2 consecutive terms. (Sec. 3, par. (2), Art. VII, 1987
Constitution)

B. Privileges, inhibitions, and disqualifications

 PRIVILEGES
 Presidential Immunity- The President, during his tenure of office or actual incumbency, may
not be sued in any civil or criminal case, and there is no need to provide for it in the
Constitution or law. Rationale for the immunity is to assure exercise of presidential duties and
functions free from any hindrance or distraction considering that it is a job that requires the
Chief Executive‘s time as well as undivided attention. (Soliven vs. Makasiar, G.R. No. 82585,
November 14, 1988). A non-seating President cannot enjoy immunity from suit for criminal
acts committed during his incumbency.
 Presidential Privilege- shall have official residence; Salaries may not be decreased during
tenure. No increase in said compensation shall take effect until after the expiration of the term
of the incumbent during which such increase was approved. No emoluments received from
Govt or any other source.
 Executive privilege is properly invoked in relation to specific categories of information and
not to categories of persons—it attaches to the information and not the person. Only the
President (and the Executive Secretary, by order of the President) can invoke the privilege.
(Senate vs. Ermita, G.R. No. 169777, April 20, 2006
 Presidential communications privilege to apply, the following must concur:

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 (a) Communications relate to quintessential and non-delegable power of the President. (e.g.
the power to enter into an executive agreement with other countries without the concurrence
of the Legislature has traditionally been recognized in Philippine jurisprudence)
(b) Communications are received by a close advisor of the President. Under the Operational
proximity test, Secretary Neri of NEDA can be considered a close advisor, being a member of
President A’s cabinet.
(c) There is no adequate showing of a compelling need that would justify the limitation of the
privilege and of the unavailability of the information elsewhere by an appropriate
investigating authority

 INHIBITIONS
Presidential Prohibitions/Inhibitions (Secs. 6 & 13, Art VII, 1987 Constitution)
 He shall not receive any other emolument from the government or any other source.
 Unless otherwise provided by the condition, shall not hold any other office or employment.
 The Vice President may be appointed as a member of the cabinet, without confirmation from
the Commission on Appointment; the Secretary of Justice is an ex-officio member of the
Judicial and Bar Council.
 This prohibition must not be construed as applying to posts occupied by the Executive
officials without additional compensation in an ex-officio capacity, as provided by law and as
required by the primary functions of the said officials‘ office.
 DISQUALIFICATIONS

C. Powers of the President

1. General executive and administrative powers

 The power to enforce and administer laws.

 Vested in the President of the Philippines. (Sec. 1, Art. VII, 1987 Constitution)

The Faithful Execution (Take Care) Clause- The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that laws be faithfully executed. (Sec. 17, Art. VII,
1987 Constitution)

2. Power of appointment

a. In general

APPOINTMENT – the unequivocal act of designating or selecting by one having the authority
therefore of an individual to discharge and perform the duties and functions of an office or
trust. (Bermudez vs. Executive Secretary, G.R. No. 131429, August 4, 1999) The power to
appoint is an executive function, legislature may not usurp this function. The appointing
authority of the president however, should not be confused with the authority of the legislature
to impose additional duties on existing offices. (Bernas, The 1987 Constitution of the
Philippines A Commentary, 1987)

LIMITATIONS:

 The President may not appoint his spouse and relatives by consanguinity or affinity within
the fourth civil degree as Members of the Constitutional Commissions, as Ombudsman, or as
Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including
governmentowned or -controlled corporations

 Appointments extended by an acting President shall remain effective unless revoked by the
elected President within ninety (90) days from his assumption of Office (Sec. 14, Art. VII,
1987 Constitution)

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  Two months immediately before the next presidential elections and up to the end of his term,
a President or acting President shall not make appointments except temporary appointment to
executive positions when continued vacancies therein will prejudice public service or
endanger public safety (Sec. 15, Art. VII, 1987 Constitution)

 The presidential power of appointment may also be limited by Congress through its power to
prescribe qualifications for public office; and the judiciary may annul an appointment made by
the President if the appointee is not qualified or has not been validly confirmed. (Nachura,
Outline Review on Political Law, 2016

b. Confirmation and by-passed appointments

 Confirmation- of appointments made by the President with the consent of the

Commission on Appointment
a. Heads of executive departments;
b. Ambassadors and other public ministers and consuls;
c. Officers of the AFP from the rank of colonel or naval captain and up;
d. Other ministers whose appointments are vested in him by the Constitution;
e. Chairman and members of the Constitutional Commissions; and
f. Regular members of the Judicial and Bar Council.
 By-passed Appointment- When an ad-interim position is by-passed because of law of
time or failure of the Commission to organize, there is no final decision, the President
is free to renew the ad-interim appointment.

c. Midnight and ad interim appointments

 MIDNIGHT APPOINTMENTS: During the period stated in Sec. 15, Art. VII of the
Constitution, which is two months immediately before the next presidential elections
and up to the end of his term, the President is neither required to make appointments
to the courts nor allowed to do so. Prohibition on midnight appointments only applies
to presidential appointments, it does not apply to members of the Supreme Court
(President can appoint CJ or AJ in such period)

GENERAL RULE: Midnight appointments are prohibited.

EXCEPTIONS: Midnight appointments may still be made under the following
conditions: ▪ They are temporary appointments to executive positions; and
▪ The continued vacancies will prejudice public service or endanger public safety.

 AD INTERIM: It is an appointment made by the President while Congress is NOT in

session or during recess (General vs. Urro, G.R. No. 191560, March 29, 2011)
d. Power of removal
General Rule: The express power of appointment of the President has the corollary
implied power of removal. Hence, the President may remove appointees.

Exception: Appointments requiring certain methods for removal. Impeachment,

Appointment of Judges in inferior courts

D. Power of control and supervision

CONTROL- The power of an officer to alter, modify, or set aside what a subordinate officer has done in the
performance of his duties, and to substitute the judgment of the officer for that of his subordinate. Power of
control is a self-executing provision. The incumbent President is free to amend, rescind and modify any political
agreements entered into by the previous Presidents (Ocampo v. Enriquez, G.R. No. 225973, Nov. 8, 2016).

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SUPERVISION- The power of a superior officer to ensure that the laws are faithfully executed by subordinates.
The power of supervision does not include the power of control; but the power of control necessarily includes
the power of supervision. Power over GOCCs comes not from the Constitution but from statute. Hence, it may
similarly be taken away by statute.

1. Doctrine of qualified political agency- Acts of department heads, etc., performed and
promulgated in the regular course of business, are presumptively acts of the President.
Recognizes the establishment of a single executive, all executive and administrative organizations
are adjuncts of the Executive Department, the heads of the various executive departments are
assistants and agents of the Chief Executive, and except in cases where the Chief Executive is
required by the Constitution to act in person or the exigencies of the situation demand that he act
personally, the multifarious executive and administrative functions of the Chief Executive are
performed by and through the executive departments, and the acts of the Secretaries of such
department performed and promulgated in the regular course of business are, unless disapproved
or reprobated by the Chief Executive presumptively acts of the Chief Executive. (DENR vs.
DENR Region XII Employees, GR No. 149724, August 19, 2003)

2. Executive departments and offices- (Power to organize and reorganize the Executive
department)

 The President may, by executive or administrative order, direct the reorganization of

government entities under the Executive Department. Section 17, Article VII of the 1987
Constitution, clearly states: ³The President shall have control of all executive departments,
bureaus and office.´ The Administrative Code also grants the President the power to
reorganize the Office of the President in recognition of the recurring need of every President
to reorganize his or her office “to achieve simplicity, economy, and efficiency (Tondo
Medical v. Court of Appeals, G.R. No. 167324, July 17, 2007).

3. Local government units

 The Constitution vests the President with the power of supervision, not control, over
local government units (LGUs). Such power enables him to see to it that LGUs and
their officials execute their tasks in accordance with law. While he may issue
advisories and seek their cooperation in solving economic difficulties, he cannot
prevent them from performing their tasks and using available resources to achieve
their goals. He may not withhold or alter any authority or power given them by the
law. (Pimentel vs. Aguirre, G.R. 132988, July 19, 2000)

E. Emergency powers

 In times of war or other national emergency, the Congress may, by law, authorize the President, for a
limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper
to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers
shall cease upon the next adjournment thereof. (Sec. 23 (2), Art. VI, 1987 Constitution) Emergency powers
are self-liquidating unless sooner withdrawn. They will automatically cease upon the end of the emergency
that justified their delegation.
 This shall be subject to certain conditions, thus: (1) There must be a war or other emergency. (2) The
delegation must be for a limited period only. (3) The delegation must be subject to such restrictions as the
Congress may prescribe. (4) The emergency powers must be exercised to carry out a national policy
declared by Congress. (David vs. Arroyo, G.R. No. 171396, May 3, 2006)

F. Military powers (President as the Commander-in-Chief)

1. Calling out powers

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  The President shall be the Commander-In-Chief of all armed forces of the Philippines and
whenever it becomes necessary, he may call out such armed forces to prevent or suppress
lawless violence, invasion or rebellion. (Sec. 18, Art. VII, 1987 Constitution)
 The Calling-Out Power is the most benign of all powers and is solely discretionary on the part
of the President. Courts may only examine whether it is exercised within permissible
constitutional limits. Unlike in the powers to suspend the writ or to declare martial law, there
is no provision in the Constitution which allows Congress to revoke or the Supreme Court to
review the sufficient of the factual basis thereof. (Integrated Bar of the Philippines vs.
Zamora, G.R. No. 141284, August 15, 2000)

2. Declaration of martial law and suspension of the privilege of the writ of habeas corpus;
extension (Sec. 18)
 Declaration of Martial law
- Founded upon the principle that the state has the right to protect itself against those who
would destroy it and has therefore been linked to the right of the individual to self-defense. It
is invoked as an extreme measure, and rests upon the basic principle that every state has the
power of self-preservation, a power inherent in all states, because neither the state nor society
would exist without it. (Separate opinion of Justice Castro in Aquino vs Ponce Enrile, G.R.
No.L-35546 September 17, 1974)
- Requisites: a. There must be an invasion or rebellion; b. Public safety requires the
proclamation of martial law all over the Philippines or any part thereof.

 Suspension of Privilege of Writ of Habeas Corpus- ▪ Applies only to persons ―judicially

charged for rebellion or offenses inherent in or directly connected with the invasion or
rebellion.
- Requisites: i. There must be an invasion or rebellion; ii. The public safety requires the
suspension

 Extension of Declaration
-Upon review of SC, in an appropriate proceeding filed by any citizen, on the sufficiency o the
factual basis for the declaration or suspension of writ HC, or extension, must be decided
within 30 days from filing. (urgency)

G. Executive clemency- instrument for correcting the infirmities in administration of justice and for mitigating
whenever a strict application of the provisions of the law will result in undue harshness.

1. Forms and limitations

1. PARDON- act of grace which exempts the individual on whom it is bestowed from the
punishment which the law inflicts for the crime he has committed. (US vs. Wilson, G.R. No.
90- 1745, March 24, 1992)
-Kinds: a. Absolute – one extended without any strings attached. This may not be rejected by
the pardonee. b. Conditional – one under which the convict is required to comply with certain
requirements. The offender has the right to reject it since the conditions imposed may be more
onerous than the penalty sought to be remitted. c. Plenary – extinguished all the penalties
imposed upon the offender, including accessory disabilities. d. Partial – does not extinguish all
the penalties.
2. AMNESTY- commonly denotes a general pardon to rebels for their treason or other high
political offenses, or the forgiveness which one sovereign grants to the subjects of another,
who have offended, by some breach, the law of nations. (Magdalo vs. Comelec, G.R. No.
190793, June 19, 2012)
3. REPRIEVES- withholding of a sentence for an interval of time; a postponement of the
execution. (People vs. Vera, G.R. No. 45685 November 16, 1937)
4. COMMUTATION- reduction or mitigation of the penalty; remission of a part of the
punishment; substitution of less penalty than the one imposed. (People vs. Vera, G.R. No.
45685 November 16, 1937)

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 5. REMISSION OF FINES AND FORFEITURE- prevents the collection of fines or the
confiscation of forfeited property and it cannot have the effect of returning properly which has
been vested in third parties or money ion the public treasury.
 Limitations on the Exercise of the Power of Executive Clemency:
a. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules and
regulations, shall be granted by the President without the favorable recommendation of the
COMELEC. (Sec. 5 Art. IX-C, 1987 Constitution)
b. Cannot be granted in cases of impeachment. (Sec. 19 Art. VII, 1987 Constitution)
c. Can be granted only after conviction by final judgment. (Sec. 19 Art. VII, 1987 Constitution)
d. Cannot be granted in case of legislative contempt, or civil contempt. (Cruz, supra at 445)
e. Cannot absolve the convict of civil liability. (Id.)
f. Cannot restore public office forfeited. (Monsanto vs Factoran, Jr., G.R. No. 78239, February 9, 1989)
g. A grant of amnesty must be made with the concurrence of a majority of all the Members of Congress
(Article VII, Section 19)

H. Diplomatic power

 No treaty or international agreement shall be valid and effective unless concurred in by at least two-
thirds (2/3) of all the Members of the Senate. (Sec. 21, Art. VII, 1987 Constitution)
 The role of the Senate, however, is limited only to giving or withholding its consent, or concurrence, to
the ratification [of the treaty]. Hence, it is within the authority of the President to refuse to submit a
treaty to the Senate or, having secured its consent for its ratification, refuse to ratify it. Although the
refusal of a state to ratify a treaty which has been signed in its behalf is a serious step that should not be
taken lightly, such decision is within the competence of the President alone, which cannot be
encroached by this Court via a writ of mandamus. (Pimentel, Jr., et al. vs. Executive Secretary, et al.,
GR No. 158088, July 6, 2005)

I. Powers relative to appropriation measures (BUDGETARY power)

 The President shall submit to the Congress within thirty days from the opening of every regular
session, as the basis of the general appropriations bill, a budget of expenditures and sources of
financing, including receipts from existing and proposed revenue measures. (Sec. 22, Art. VII, 1987
Constitution).
 The President may propose the budget, but still the final say on the matter of appropriations is lodged
in the Congress. (Philippine Constitution Association vs. Enriquez, G.R. No. 113105, August 19, 1994
 POWER OF AUGMENTATION- The transfer of appropriated funds, to be valid under Section 25(5),
supra, must be made upon a concurrence of the following requisites, namely: (1) There is a law
authorizing the President, the President of the Senate, the Speaker of the House of Representatives, the
Chief Justice of the Supreme Court, and the heads of the Constitutional Commissions to transfer funds
within their respective offices; (2) The funds to be transferred are savings generated from the
appropriations for their respective offices; and (3) The purpose of the transfer is to augment an item in
the general appropriations law for their respective offices. (Araullo vs. Aquino III, G.R. No. 1209287,
July 1, 2014)

J. Rules of succession

 VACANCY; at the beginning, during term, Temporary disability, Serious illness

(1) Beginning: In case of death or permanent disability of the President-elect: The Vice President elect
shall become President.
If the President-elect fails to qualify: The Vice President-elect shall act as President until a
President shall have been chosen and qualified.
a. If no President and Vice President were chosen nor shall have qualified, or both shall have
died or become permanently disabled: The President of the Senate or, in case of his inability,
the Speaker of the House of Representatives shall act as President until a President or Vice
President shall have been chosen or qualified.

26
 b. In the event of inability of the official mentioned, Congress shall, by law, provide for the
manner in which one who is to act as President shall be selected until a President or a Vice
President shall have qualified.
(2) During term: Instances on Presidential Succession (where the President is not merely
ActingPresident) a. Death b. Permanent Disability c. Removal from office (The President can only
be removed by means of impeachment) (Section 2, Article XI, 1987 Constitution) d. Resignation
(intent to resign, and acts of relinquishment, Estrada case)

(3) Temporary disability: Ways by which the inability of the President to discharge functions may be
made known or determined: a. By a written declaration made by the President himself as to his
inability. b. By a written declaration by the Cabinet that the President is unable to discharge the
functions of his office. c. In the event of disagreement between the President and the Cabinet, by a
finding of Congress by 2/3 vote that the President is disabled.

NOTE: In all these cases, the President takes a ―leave of absence, and the Vice-President
temporarily acts as the President.

(4) Serious Illness of the President (Art. VII, Sec. 12, 1987 Constitution) In case of serious illness of
the President, the public shall be informed of the state of his health. The members of the Cabinet in
charge of national security and foreign relations and the Chief of Staff of the AFP shall not be
denied access to the President during such illness. Sec. 12 envisions not just illness which
incapacitates but also any serious illness which can be a matter of national concern.

V. JUDICIAL DEPARTMENT

A. Judicial Power

Judicial power is vested in one Supreme Court and in such lower courts as may be established by law.
(Sec. 1, Art. VIII, 1987 Constitution)

 Scope of Judicial Power

a. Adjudicatory Powers - To settle actual controversies involving rights which are legally demandable
and enforceable.
b. Expanded Power of Judicial review - 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 (Sec. 1[2], Art. VIII, 1987 Constitution).
▪ This second paragraph effectively limits the ―Political Question‖ area that, heretofore, was forbidden
territory for the courts. This is an added provision in the 1987 Constitution which broadens the scope of
judicial power.
c. Incidental Powers – those which are necessary to the effective discharge of the judicial functions
such as: power to punish persons adjudged in contempt and power to issue restraining orders or
prohibition and injunction in aid of power of judicial review.

B. Judicial Review- It is the power of the courts, ultimately the Supreme Court, to interpret the Constitution and
to declare any legislative or executive act invalid because it is in conflict with the fundamental law. (Biraogo vs
Truth Commission, G.R. Nos 192935 and 193036, December 7, 2010)

1. Requisites

i. There must be an actual case or controversy calling for the exercise of judicial power- It
involves a conflict of legal rights, assertion of opposite legal claims susceptible of legal
resolution. It must be both ripe for resolution and susceptible of judicial determination, and
that which is not conjectural or anticipatory, or that which seeks to resolve hypothetical or
feigned constitutional problems.

ii. Direct Injury Test: The person challenging the act must have the standing to question the
validity of the subject act or issuance. (Locus Standi)- There must be a proper party who is

27
 one who has sustained or is in immediate danger of sustaining an injury as a result of the act
complained of. (People vs. Vera, G.R. No. 45685 November 16, 1937)

 LOCUS STANDI (LEGAL STANDING) – a personal and substantial interest in a

case such that the party has sustained or will sustain direct injury as a result of the
governmental act that is being challenged. (Galicto vs Aquino, et. al., G.R. No,
193978, February 28, 2012)
 Requisites: Petitioner must have suffered some actual or threatened injury which can
be legal, economic, or environmental; The injury is fairly traceable to the challenged
action; and The injury is likely to be redressed by a favorable action
(Telecommunications and Broadcast Attorneys of the Philippines vs COMELEC,
G.R. No. 132922, April 21, 1998)
 Rules on the Liberal Approach on Locus Standi:  Taxpayer Standing – there must
be claim of illegal disbursement of public funds or that the tax measure is
unconstitutional.  Citizen Standing – the interest must be direct and personal. The
person complaining must show that he has been or is about to be denied of some right
or privilege to which he is lawfully entitled. However, when the proceeding involves
the assertion of a public right, the mere fact that he is a citizen satisfies the
requirement of personal interest.  Legislative Standing – there must be a claim that
official action complained of infringes the powers and privilege vested by the
Constitution in his office.
 AS-APPLIED CHALLENGE – a party can question the validity of a statute only if,
as applied to him, it is unconstitutional.
 FACIAL CHALLENGE – permits a party to challenge the validity of a statute even
though, as applied to him, it is not unconstitutional, but it might be if applied to
others not before the court whose activities are constitutionally protected.
Invalidation of the statute ―on its face,‖ rather than ―as applied,‖ is permitted in the
interest of preventing a ―chilling effect‖ on freedom of expression.
 VOID-FOR-VAGUENESS DOCTRINE – a statute or act suffers from the defect of
vagueness when it lacks comprehensible standards that men of common intelligence
must necessarily guess at its meaning and differ as to its application. It 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 the conduct to avoid; and
(2) it leaves law enforcers unbridled discretion in carrying out its provisions and
becomes an arbitrary flexing of the Government muscle.
 OVERBREADTH DOCTRINE – decrees that a governmental purpose to control or
prevent activities constitutionally subject to state regulations may not be achieved by
means which sweep unnecessarily broadly and thereby invade the area of protected
freedoms. As distinguished from the vagueness doctrine, the overbreadth doctrine
assumes that individuals will understand what a statute prohibits and will accordingly
refrain from that behavior, even though some of it is protected.

iii. The question of constitutionality must be raised at the earliest opportunity.

 The earliest opportunity to raise a constitutional issue is to raise it in the pleadings

before a competent court that can resolve the same, such that, if not raised in the
pleadings, it cannot be considered in trial and, if not considered in trial, it cannot be
considered on appeal.
 The Ombudsman has no jurisdiction to entertain questions regarding constitutionality
of laws. Thus, when the issue of constitutionality of a law was raised before the
Court of Appeals, which is the competent court, the constitutional question was
raised at the earliest opportune time. (Estarija vs. Ranada, G.R. No. 159314, June 26,
2006)

iv. The issue of constitutionality must be the very lis mota of the case.(LAMP vs. Secretary of
Budget and Management, G.R. No. 164987, April 24, 2012)

28
  The controversy must be justiciable, definite and concrete, touching on the legal
relations of parties having adverse legal interests. In other words, the pleadings must
show an active antagonistic assertion of a legal right, on the one hand, and a denial
thereof on the other hand; that is, it must concern a real and not merely a theoretical
question or issue. There ought to be an actual and substantial controversy admitting
of specific relief through a decree conclusive in nature, as distinguished from an
opinion advising what the law would be upon a hypothetical state of facts.
(Information Technology Foundation of the Philippines vs. Commission on
Elections, G.R. No. 159139, June 15, 2005).

3. Political question doctrine

 Those questions which, under the Constitution, are to be decided by the people in
their sovereign capacity, or in regard to which full discretionary authority has been
delegated to the legislative or executive branch of the government. (Tañada vs.
Cuenco, G.R. No. L-10520, February 28, 1957)
 Test whether the question is political or justiciable: In our jurisdiction, the
determination of a truly political question from a non-justiciable political question
lies in the answer to the question ―whether there are constitutionality imposed limits
on powers or functions conferred upon political bodies.‖ If there are, then our courts
are duty-bound to examine whether the branch or instrumentality of the government
properly acted within limits. (Francisco Jr. vs. House of Representatives, G.R. No.
160261, November 10, 2003)

4. Moot questions
 An action is considered moot when it no longer presents a justiciable controversy because
the issues involved have become academic or dead or when the matter has already been
resolved. There is nothing for the court to resolve as the determination thereof has been
overtaken by subsequent events (Atty. Evillo C. Pormento v. Estrada and COMELEC,
G.R. No. 191988, Aug. 31, 2010).
 However, the “moot and academic” principle is not a magical formula that automatically
dissuades courts in resolving a case. The Court may still take cognizance of an otherwise
moot case, if it finds that:
 there is a grave violation of the Constitution;
 the situation is of exceptional character and paramount public interest is
involved;
 the constitutional issue raised requires formulation of controlling principles to
guide the bench, the bar, and the public; and
 the case is capable of repetition yet evading review. (Narra Nickel Mining and
Development Corp. v. Redmont Consolidation Mines Corp., G.R. No. 195580,
Jan. 28, 2015)

4. Operative fact doctrine

 The law is recognized as unconstitutional but the effects of the unconstitutional law, prior to
its declaration of nullity, may be left undisturbed as a matter of equity and fair play. This is a
rule of equity. As such, it must be applied as an exception to the general rule that an
unconstitutional law produces no effects. It can never be invoked to validate as constitutional
an unconstitutional act. It affects or modifies only the effects of the unconstitutional law, not
the unconstitutional law itself. (League of Cities of the Philippines vs Commission on
Elections, G.R. No. 176951, 177499, and 178056, August 24, 2010)
 The actual existence of a statute, prior to such a determination [of unconstitutionality], is an
operative fact and may have consequences which cannot justly be ignored. The past cannot
always be erased by a new judicial declaration. The effect of the subsequent ruling as to

29
 invalidity may have to be considered in various aspects, with respect to particular relations,
individual and corporate, and particular conduct, private and official.

C. Judicial independence and fiscal autonomy

 The Supreme Court is a constitutional body. It may not be abolished by legislature. The
members of the Supreme Court are removable only by impeachment.
 In the case of Republic of the Philippines vs. Sereno (G.R. No. 237428, May 11, 2018), the
Supreme Court, through Justice Tijam, said that ―impeachment is not an exclusive remedy
by which an invalidly appointed or invalidly elected impeachable official may be removed
from office.
 JUDICIAL RESTRAINT Issue raised at the earliest opportunity: Constitutional question
should be raised at the earliest opportunity, such that if not raised in pleadings, it may not be
raised at the trial, if not raised in trial court, it will not be considered on appeal.
 GENERAL RULE: The question must be raised at the earliest opportunity.
EXCEPTIONS: a. In criminal cases, the question can be raised at any time at the discretion of
the court. b. In civil cases, the question can be raised at any stage of the proceedings if
necessary for the determination of the case itself. c. In every case, except where there is an
estoppel, it can be raised at any stage if it involves the jurisdiction of the court. (People of the
Philippines vs. Vera, G.R. No. L-45685, November 16, 1937)
 FISCAL AUTONOMY The freedom from outside control. Pursuant to the Constitutional
mandate, the Judiciary must enjoy freedom in the disposition of the funds allocated to it in the
appropriations law. It knows its priorities just as it is aware of the fiscal restraints. The Chief
Justice must be given a free hand on how to augment appropriations where augmentation is
needed. (Bengzon vs Drilon, G.R. No. 103524, April 15, 1992

D. Appointments to the judiciary

1. Qualifications

 A member of the Judiciary must be a person of proven competence, integrity, probity, and
independence (Section 7 (3), Art VIII, 1987 Constitution).
 In addition

2. Judicial and Bar Council (composition and powers)

a. Composition (Sec. 8 [1], Art. VIII, 1987 Constitution)
i. Chief Justice as ex officio Chairman
ii. Secretary of Justice
iii. Representative of the Congress as ex officio Member
iv. Representative of the Integrated Bar
v. Professor of law
vi. Retired Member of the Supreme Court
vii. Representative of the private sector Staggered Terms of JBC Members (Sec. 8 [2], Art.
VIII, 1987 Constitution)
A. Regular Members:
1. Chief Justice – 4 years
2. Secretary of Justice – 4 years
3. Representative of Congress – 4 years
B. Other Members:
4. Representative of the Integrated Bar – 4 years
5. Professor of law – 3 years
6. Retired member of the SC – 2 years
7. Representative of private sector – 1 year

b. Powers/Functions- The JBC shall have the principal function of recommending appointees
to the Judiciary. It may exercise such other functions and duties as the Supreme Court may
assign to it. (Sec. 8 [5], Art. VIII, 1987 Constitution) In JBC proceedings, an aspiring judge or

30
 justice justifies his qualifications for the office when he presents proof of his scholastic
records, work experience and laudable citations. The JBC then takes every possible step to
verify an applicant's track record for the purpose of determining whether or not he is qualified
for nomination. It ascertains the factors which entitle an applicant to become a part of the
roster from which the President appoints. The fact that a proceeding is sui generis and is
impressed with discretion, however, does not automatically denigrate an applicant’s
entitlement to due process. The Court subscribes to the view that in cases where an objection
to an applicant’s qualifications is raised, the observance of due process neither negates nor
renders illusory the fulfillment of the duty of JBC to recommend. (Jardeleza vs. Sereno, G.R.
No. 213181, August 19, 2014)

E. The Supreme Court (composition, powers, and functions)

1. Composition - A Chief Justice and 14 Associate Justices. It may sit en banc or in its discretion, in
divisions of three, five or seven members. Any vacancy shall be filled within 90 days from occurrence
thereof (Sec. 4[1], Art. VIII, 1987 Constitution)

2. Powers:

 Rule-making:
a. Exercise original jurisdiction over cases affecting ambassadors, public ministers and
consuls, petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus
b. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of lower courts in:
i. All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
ii. All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
iii. All cases in which the jurisdiction of any lower court is in issue.
iv. All criminal cases in which the penalty imposed is reclusion perpetua or higher.
v. All cases in which only an error or question of law is involved.

c. Assign temporarily judges of lower courts to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.
d. Order a change of venue or place of trial to avoid a miscarriage of justice.
e. Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the under-privileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not diminish, increase, or modify substantive rights.
Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.
f. Appoint all officials and employees of the Judiciary in accordance with the Civil Service
Law.

 Administrative Supervision over inferior courts

�Mere division of the SC may discipline a judge of the lower courts, including justices of the
CA and the Sandiganbayan; the SC is required to decide a case en banc only when the
dismissal of a judge is involved. (People vs Gacott, G.R. No. 116049, July 13, 1995) By a
vote of a majority of the members who actually took part in the deliberations on the issues in
the case and voted thereon, it can order their dismissal. (Sec. 11, Art. VIII, 1987 Constitution)
� The Ombudsman may not initiate or investigate a criminal or administrative complaint
before his office against a judge, he must first indorse the case to the Supreme Court for
appropriate action. (Fuentes vs. Office of the Ombudsman-Mindanao, G.R. No. 124295,
October 23, 2001)

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 � In the absence of any administrative action taken against the RTC Judge by the Supreme
Court with regard to the former‘s certificate of service, the investigation conducted by the
Ombudsman encroaches upon the Supreme Court‘s power of administrative supervision over
all courts and its personnel, in violation of the doctrine of separation of powers. (Maceda vs.
Vasquez, G.R. No. 102781, April 22, 1993)

VI. CONSTITUTIONAL COMMISSIONS

A. Common provisions

CONSTITUTIONAL SAFEGUARDS TO ENSUE INDEPENDENCE OF COMMISSION

a. They are constitutionally created and may not be abolished by statute.

b. Each is expressly described as ―independent.‖
c. Each is conferred certain powers and functions which cannot be reduced by statute.
d. The Chairmen and members cannot be removed except by impeachment.
e. The Chairmen and members are given a fairly long term of office of seven years.
f. The Chairmen and members may not be reappointed or appointed in an acting capacity.
g. The salaries of the Chairmen and members are relatively high and may not be decreased during
continuance in office.
h. The Commission enjoys fiscal autonomy.
i. Its approved annual appropriations shall be automatically and regularly released. The Secretary of
Budget and Management cannot make the release of the appropriations subject to the submission of
reports. (Sec. 5, Art. IX-A, 1987 Constitution; Civil Service Commission vs. Department of Budget
and Management, G.R. No. 158791, July 22, 2005)
j. Each Commission may promulgate its own procedural rules, provided they do not diminish, increase
or modify substantive rights (though subject to disapproval by the Supreme Court).
k. The Chairmen and members are subject to certain disqualifications calculated to strengthen their
integrity.
l. The Commissions may appoint their own officials and employees in accordance with the Civil
Service Law.
B. Powers, functions, and jurisdiction

 CIVIL SERVICE COMMISSION

The central personnel agency of the Government:
a. Establish a career service and adopt measures to promote morale, efficiency, integrity,
responsiveness and courtesy in the civil service.
b. Strengthen the merit and rewards system.
c. Integrate all human resources development programs for all levels and ranks.
d. Institutionalize a management climate conducive to public accountability (Sec. 3, Art. IX-B, 1987
Constitution).

▪ The Civil Service Commission has the power to hear and decide administrative cases instituted before
it directly or on appeal, including contested appointments (Administrative Code of 1987). The power of
the Civil Service Commission includes the authority to recall an appointment initially approved in
disregard of applicable provisions of the Civil Service rules and regulations. (Mathay vs. Civil Service
Commission, G.R. No. 130214, August 9, 1999)
Security of Tenure(Sec, 2[3], Art. IX-B, 1987 Constitution): No officer or employee of the civil service
shall be removed or suspended, except for cause provided by law.

 Career vs. Non-Career Service

CAREER SERVICE – characterized by entrance based on merit and fitness determined as far as
practicable by examinations and based on highly technical qualifications.
EXCEPTION: a. Policy determining b. Primarily Confidential c. Highly Technical

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 CAREER EXECUTIVE SERVICE (CES) To be a member of the CES and be entitled to Security
of tenure, the following must concur:
a. Pass the Career Executive Service Examination
b. Be conferred CES eligibility
c. Comply with the other requirements prescribed by the CES Board
d. Be appointed to a CES rank by the President

Criteria to determine whether a position belongs to the CES:

a. The position belongs to the career service of the Civil Service
b. The position is above division chief
c. The position entails performance of executive or managerial functions.

NON-CAREER SERVICE – characterized by entrance other by usual tests and their tenure is
limited by law or coterminous to the appointing authority or subject to his pleasure e.g. Elective
officials, department heads, cabinets etc.

 COMMISSION ON AUDIT
� The 1987 Constitution has made the COA the guardian of public funds, vesting it with broad powers
over all accounts pertaining to government revenues and expenditures and the use of public funds and
property, including the exclusive authority to define the scope of its audit and examination; to establish
the techniques and methods for the review; and to promulgate accounting and auditing rules and
regulations. Its exercise of its general audit power is among the constitutional mechanisms that give life
to the check and balance system inherent in our form of government. (Dela Llana vs. COA, G.R. No.
180989, February 7, 2012)
� However, in the case of its flawed procurement transaction (Commission on Audit vs. Link Worth
International, Inc., G.R. No. 182559, March 13, 2009), the Supreme Court said:
It is remarkably ironic that COA, the constitutional watchdog, signed its imprimatur to a transaction
which resulted from an irreparably flawed bidding process. The Commission, in this case, has
displayed a lamentable disregard of its mandate as the sentinel of government resources. It is, however,
paramount that COA be reminded of its most important role, seemingly forgotten in this case, in the
promotion of transparency and accountability in public financial transactions.

a. Examine, audit and settle all accounts pertaining to the revenue and receipts of, and
expenditures or uses of funds and property owned or held in trust or pertaining to, the
Government. The COA conducts examination or postaudit basis with regard to Constitutional
Commissions and bodies or offices granted fiscal autonomy under the Constitution;
autonomous state colleges and universities;
b. other government-owned and controlled corporations and their subsidiaries; and not
governmental entities receiving subsidy or equity, directly or indirectly, from or through the
Government. b. Keep the general accounts of Government, and preserve vouchers and
supporting papers for such period as provided by law.
c. c. Authority to define the scope of its audit and examination, establish techniques and methods
required therefore.

 COMMISSION ON ELECTION

a. Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.
b. Decide, save those involving the right to vote, all questions affecting elections, including
determination of the number and location of polling places, appointment of election officials and
inspectors, and registration of voters.
c. Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities for
the exclusive purpose of ensuring free, orderly, honest, peaceful and credible elections.
d. Register, after sufficient publication, political parties, organizations or coalitions which must present
their platform or program of government and accredit citizens‘ arms.

33
 e. File, upon a verified complaint, or on its own initiative, petitions in court for the inclusion or
exclusion of voters, investigate and, where appropriate, prosecute cases of violations of election laws.
f. Recommend to Congress effective measures to minimize election spending, including limitation of
places where propaganda materials shall be posted, and to prevent and penalize all forms of election
frauds, offenses, malpractice, and nuisance candidates.
g. Recommend to the President the removal of any officer or employee it has deputized, or the
imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its
directive, order, or decision. h. Submit to the President and Congress a comprehensive report on the
conduct of each election, plebiscite, initiative, referendum or recall. (Sec. 2, Art. IX-C, 1987
Constitution)

o Pre-proclamation controversies include: a. Incomplete returns (omission of name or votes) b.

Returns with material defects c. Returns which appeared to be tampered with falsified or prepared
under duress or containing discrepancies in the votes (with significant effect on the result of
election).

C. Composition and qualifications of members

CSC COMELEC COA

1 Chairman 2 Commissioners
a. Natural born citizens; b. At least 35
years at the time of the appointment;
c. With proven capacity for public
administration; and d. Not candidates
for any elective position in the
election immediately preceding
appointment
1 Chairman 6 Commissioners
a. Natural born citizens; b. At least 35
years at the time of the appointment;
c. Holders of College Degrees; and d.
Not candidates for any elective
position in the election immediately
preceding appointment N.B.:
Majority, including the Chairman,
must be members of the Philippine
Bar and practiced law for at least 10
years.
1 Chairman 2 Commissioners
a. Natural born citizens; b. At least 35
years at the time of the appointment;
c. Certified Public Accountant with at
least 10 years of auditing experience
or a lawyer who practiced law for at
least 10 years; N.B.: At no time shall
all Members of the Commission
belong to the same profession d. Not
candidates for any elective position in
the election immediately preceding
appointment.

 Appointment needs confirmation by CoAp

 DQs same with Pres, VP, and members of Congress

D. Prohibited offices and interests

No member of a Constitutional Commission shall, during his tenure:

1. Hold any other office or employment;

2. Engage in the practice of any profession.
3. Engage in the active management and control of any business which in any way may be affected by
the function of his office.
4. 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 GOCCs or
their subsidiaries (Sec. 2, Art. IX 1987 Constitution)

E. Judicial review of final orders, resolutions, and decisions of Constitutional Commissions

VII. BILL OF RIGHTS

xxxxx.

V. Writs of habeas corpus, kalikasan, habeas data, and amparo

VIII. CITIZENSHIP (Art. IV, Const.)

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A. Who are Filipino citizens -

 CITIZEN – one, who, as a member of the body politic of state, owes allegiance to, and may
claim reciprocal protection from the government. A person who at the time of his birth, is a
citizen of a particular country, is a natural-born citizen thereof."
 Includes Natural born (Sec. 2), and Naturalized
 NATURAL BORN – without having to perform any act to acquire or perfect Filipino
citizenship, including foundlings.
 As a matter of law, foundlings are, as a class, natural-born citizens. (Poe-Llamanzares vs.
COMELEC, G.R. No. 221697, March 8, 2016) When the names of the parents of a
foundling cannot be discovered despite a diligent search, but sufficient evidence is
presented to sustain a reasonable inference that satisfies the quantum of proof required to
conclude that at least one or both of his or her parents is Filipino, then this should be
sufficient to establish that he or she is a natural-born citizen.
 NATURALIZED CITIZENS – citizens who are not natural-born citizens but those which
become such in accordance with law. (Art. IV, Sec. 1 [4], 197 Constitution);Can be Judicial or
Administrative
 Judicial: (Section 2 C.A. 473) – By any person (a)who is at least 21 year old at the date
of hearing of the petition. (b). Must have resided in the Philippines for at least 10 years.
This can be reduced to 5 years if: born in the Philippines, He is married to a Filipino
woman (for a woman who married a Filipino husband, only administrative thru
cancellation of alien cert. of registration and no possession of DQs, or has held public
office, or made a useful invention/established an industry for 2 years. (c) GM character,
(d) owns a real estate in PH worth 5k or more or has lucrative trade or profession (e) (as
modified by the 1987 Constitution). He must have enrolled his children in a recognized
school in the Philippines that teaches Philippine History, civics and government
 Administrative: a) born in the Philippines and have resided here since birth are qualified
to acquire Philippine citizenship. b.) Must at least by 18 years of age. c.) Must be of good
moral character. d) Must believe in the principles underlying the Constitution. e). Must
have received his primary and secondary education in a public or private school
recognized by the DECS. f). Must also have a known trade, business, profession or lawful
occupation from which he derives income enough for him and his family. g). Must be
able to read, write and speak Filipino or any local dialect. h. Must have mingled with
Filipinos and shown a sincere desire to embrace their customs, traditions and ideals.

B. Modes of acquiring citizenship

 Birth, Naturalization, or By Marriage (Judicial, Legislative, and Administrative)

 Birth
o Jus soli- (place of birth): This principle was never applied in the
Philippines.
o Jus sanguinis- (blood relationship): Illegitimate children generally are under
the parental authority of one [Filipino] mother and follow her nationality,
not one of the illegitimate [alien] fathers. (Serra vs. Republic of the
Philippines, G.R. No. L-4223, May 12, 1952
 Naturalization: the legal act of adopting an alien and clothing him with the rights that
belong to a natural born citizen, except those rights that specifically reserved by the
Constitution to the latter. Can either be Direct or Derivative.
Derivative- unmarried child below 18 of those who re-acquire Philippine citizenship
upon effectivity of the Act shall be deemed citizens. However, Assuming that the
mother lost her Philippine citizenship by marriage but subsequently reacquired
during the minority of the child, it is still necessary for the child to elect Philippine
citizenship. (Villahermoso vs. Commissioner of Immigration, G.R. No. L-1663,
March 31, 1948)
 By Marriage

35
 o Judicial- pursuant to C.A. No. 473, as amended (covers native-born aliens
who lived here in the Philippines all their lives, who never saw any other
country and all along thought that they were Filipinos; who have
demonstrated love and loyalty to the Philippines and affinity to the customs
and traditions)
o Legislative- in the form of a law enacted by Congress bestowing Philippine
citizenship to an alien.
o Administrative- pursuant to R.A. No. 9139 (another mode of acquiring
Philippine citizenship which may be availed of by native born aliens. The
only implication is that, a native born alien has the choice to apply for
judicial or administrative naturalization, subject to the prescribed
qualifications and disqualification);

C. Loss and re-acquisition of Philippine citizenship

 Loss of Citizenship
a. Naturalization in a foreign country. (Frivaldo vs. Commission on Elections, G.R. No.
120295. June 28, 1996)
b. Express renunciation or expatriation.
c. Taking an oath of allegiance to another country upon reaching the age of majority.
d. Accepting a commission and serving in the armed forces of another country, unless there is
an offensive or defensive pact with the country, or it maintains armed forces in RP with RP‘s
consent. e. Denaturalization
f. Being found by final judgment to be a deserter of the AFP (Commonwealth Act No. 63)
 Immigration to the United States by virtue of a ―green card,‖ (immigrant visa) which entitles
one to reside permanently in that country, constitutes abandonment of domicile in the
Philippines. With more reason then does naturalization in a foreign country result in an
abandonment of domicile in the Philippines. (Coquilla vs. Commission on Elections, G.R. No.
151914, July 31, 2002)

 REACQUISITION: By naturalization, repatriation, or by Direct act of Congress.

 Naturalization- under CA No. 63 wherein the applicant must: lost his original Philippine
citizenship by naturalization in a foreign country or by express renunciation of his
citizenship, at least 21 years of age and shall have resided in the Philippines at least 6
months before application, conducted himself in a proper and irreproachable manner
during the entire period of his residence, in his relations with the government and with the
community.
 Repatriation- recovery of nationality by individuals who were natural-born citizens of a
state but who had lost their nationality. A mere application for repatriation does not, and
cannot, amount to an automatic reacquisition of the applicant‘s Philippine citizenship. A
foundling, considered as a natural-born Filipino citizen, re-acquired natural-born Filipino
citizenship when, following her naturalization as a citizen of the United States, she
complied with the requisites of Republic Act No. 9225. (David vs. Senate Electoral
Tribunal, G.R. No. 221538, September 20, 2016)
 Direct act of Congress- Citizenship Retention and Reacquisition Act (Republic Act No.
9225): Effective September 17, 2003.

 Derivative Citizenship under RA 9225, unmarried child below 18 of those who re-acquire
Philippine citizenship upon effectivity of the Act shall be deemed citizens of the Philippines

D. Dual citizenship and dual allegiance

 Dual Allegiance: A situation in which a person simultaneously owes, by some positive act, loyalty
to two or more states. It is a result of an individual‘s violation. Dual allegiance arising from e.g.,

36
 mixed marriages or birth in foreign soil. This was seen as more insidious than dual citizenship. (a
result of one’s own volition)
 Dual Citizenship: Arises when, as a result of concurrent application of the different laws of two or
more states, a person is simultaneously considered a national by the said states. (mere consequence
of application of conflicting laws)

IX. LAW ON PUBLIC OFFICERS

A. General principles

 PUBLIC OFFICE – the right, authority or duty, created and conferred by law, by which for a given
period, either fixed by law or enduring at the pleasure of the creating power, an individual is
invested with some sovereign power of government to be exercised by him for the benefit of the
public. (Sec. 32, Chapter 9, Revised Administrative Code 1987)
 Public office is a public trust: Public officers and employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism
and justice, and lead modest lives.‖ (Section 1, Article XI, 1987 Constitution)
 Elements of a Public Office
a. Enabling law: Created by the Constitution, a law, or an ordinance authorized by law.
b. Possess sovereign functions of government to be exercised for the public interest.
c. Functions are defined expressly or implied by law.
d. Functions are to be exercised by an officer directly under the control of law, not under that of a
superior officer, UNLESS they are functions conferred by law upon inferior officers who by law,
are under control of a superior.

Permanent or continuous, not temporary or occasional.(State Ex Rel. Barney vs. Hawkins, 257 P.
411, Mont. 1927

 Characteristics:
a) Public office is a public trust created in the interest and for the benefit of the public - all
government officials and employees must at all times be accountable to the people, serve them
with utmost responsibility, integrity, loyalty and efficiency, actwith patriotism and justice, and
lead modest lives. (Lim vs Arce, A.M. No. P-89-312, January 9, 1992); a public office is not
property within the constitutional guarantees of due process. It is a public trust or agency.
Public officers are mere agents and not rulers of the people, no man has a proprietary or
contractual right to an office. (Commission on Elections vs. Cruz, G.R. No. 186616,
November 20, 2009); The position which private respondent Garcia would like to occupy
anew was abolished pursuant to a valid reorganization measure. There is no vested property
right to be reemployed in a reorganized office. (National Land Titles and Deeds Registration
Administration vs. CSC, G.R. No. 84301, April 7, 1993)
b) Public Office is not a property - Public office is personal to the incumbent or appointee
thereto. Hence, it is NOT TRANSMISSIBLE to his heirs upon his death.(De Castro vs.
Commission on Elections, G.R. No. 125249, February 7, 1997); Exception: In quo warranto
proceedings relating to the question as to which of the two persons is entitled to a public
office;When the dispute concerns one‘s constitutional right to security of tenure, public office
is deemed analogous to property in a limited sense. (Lumiqued vs. Exevea, G.R. No. 117565,
November 18, 1997)

 MODES OF ACQUIRING TITLE TO PUBLIC OFFICE

a. By appointment: The selection, by authority vested with the power, of an individual who is to
perform the functions of a given office.
b. By election:The means by which the people choose their officials for a definite and fixed period
and to whom they entrust for the time being the exercise of the powers of the government
c. By being a de facto officer:One who has the reputation of being the officer that he assumes to
be, and yet is not a good officer in point of law. (Torres vs. Ribo, G.R. No. L-2051, May 21, 1948

37
B. Kinds of appointment

 APPOINTMENT – the selection, by the authority vested with the power, of an individual who is to
perform the functions of a given office (Binamira vs Garucho,G.R. No. 92008, July 30, 1990).
 Kinds: (Permanent, Temporary, Regular, Ad interim)
a. Permanent Appointment – extended to a person possessing the requisite qualifications,
including the eligibility required, for the position, and thus protected by the constitutional
guaranty of security of tenure. (Positions requiring civil service eligibility)
b. Temporary Appointment – an acting appointment; it is extended by law for the position, and is
revocable at will, without the necessity of just cause or a valid investigation. (Maniebo vs.
Court of Appeals, G.R. No. 158708, August 10, 2010); (“Acting” capacity is considered
temporary appointment) (SC uniformly held with DOLE and CSC, a contractual appointment
of a University professor is of the same nature as temporary appointment. Thus, when the
contract was not renewed, there was no dismissal but an expiration of term. (Department of
Labor and Employment and National Maritime Polytechnic vs. Maceda, G.R. No. 185112,
January 18, 2010)
c. Regular Appointment – one made by the President while Congress is in session after the
nomination is confirmed by the Commission on Appointments and continues until the end of
term. (Prohibition: 2 months immediately before the next presidential elections and up to the
end of his term, a President or Acting President shall not make appointments, except
temporary appointments to executive positions whencontinued vacancies therein will
prejudice public service or endanger public safety. (Sec. 15, Art. VII, 1987 Constitution).
d. Ad-interim Appointment – one made by the President while the Congress is not in session,
before confirmation by the Commission on Appointments, is immediately effective, and
ceases to be valid if disapproved or bypassed by the Commission on Appointments upon the
next adjournment of Congress. It is a permanent appointment, and its being subject to
confirmation does not alter its permanent character. (Pamantasan ng Luingsod ng Maynila vs.
Intermediate Appellate Court, G.R. No. L-65439, November 13, 1985)

C. Disabilities and inhibitions of public officers

 Disqualification
It is the presence of circumstances and qualities which makes an individual ineligible from holding a
public office. Lack of disqualifications is itself a qualification. Disqualifications: (IM RIPE C2ORN
LG)
1. Mental or physical Incapacity
2. Misconduct or crime
3. Removal or suspension from office
4. Impeachment
5. Previous tenure of office
6. Being an Elective official
7. Consecutive terms
8. Having been a Candidate for any elective position
9. Holding more than One office
10. Relationship with the appointing power
11. Office Newly created or the emoluments of which have been increased
12. Grounds under the Local Government Code (De Leon, The Law on Public Officers and
Election Law, 40-49, 2011)
 General Disqualifications
1. No candidate who lost in an election shall, within one year after such election, be appointed to any
office in the Government(Sec. 6, Art. IX-B, 1987 Constitution).
NOTE: The one (1) year prohibition from being appointed to a government position is not
applicable to nominees of losing PartyListGroups as the nominees are not the candidates but rather
the party-list itself. Thus, the one (1) year prohibition from being appointed to government

38
 positions is NOT applicable to nominees of losing Party-List Groups.(COMELEC Minute
Resolution 19-0677)

2. No elective official shall be eligible for appointment or designation in any capacity to any public
office or position during his tenure (Sec. 7[1], Art. IX-B, 1987, Constitution)

 Specific disqualifications
a. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not,
unless otherwise provided in the Constitution, hold any other office or employment during their tenure.
(Sec. 13, Art VII, 1987 Constitution)
b. 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 of their subsidiaries, during his term for which he was elected. (Sec. 13, Art.
VI, 1987 Constitution; Adaza vs. Pacana, G.R. No. L-68159, March 18, 1985)

A member of congress is disqualified to hold two classes of office:

1. Incompatible office – includes any kind of office or employment in the government, or subdivision,
agency, or instrumentality thereof, including GOCCs or their subsidiaries during his term; and
2. Forbidden office – any office created or the emoluments of which have been increased during the
term for which he was elected, not merely during his tenure or period of actual incumbency.
a. 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 functions. (Sec. 12, Art.
VIII, 1987 Constitution; In Re: Manzano, A.M. No. 88-7-1861-RTC, October 5, 1988)
b. No Member of a Constitutional Commission shall, during his tenure, hold any other office
or employment (Sec. 2, Art IX-A, 1987)
Constitution). The same disqualification applies to the Ombudsman and his Deputies. (Sec. 8,
Art. XI, 1987 Constitution)
c. The Ombudsman and his Deputies shall not be qualified to run for any office in the election
immediately succeeding their cessation from office. (Sec. 11, Art. XI, 1987 Constitution)
d. Members of constitutional Commissions, the Ombudsman and his Deputies must not have
been candidates for any elective position in the election immediately preceding their
appointment. (Sec. 1, Art. IXB; Sec. 1, Art IX-C; Sec. 1, Art IX-D; Sec. 8, Art. IX, 1987
Constitution).
e. Members of Constitutional Commissions, the Ombudsman and his Deputies are appointed
to a term of seven (7) years, without reappointment. (Sec. 1[2], Art. IX-B; Sec. 1[2], Art IX-C;
Sec. 1[2], Art. IX-D; Sec. 11, Art XI, 1987 Constitution)
f. The spouse and relatives by consanguinity or affinity within the fourth civil degree of the
President shall not during his tenure be appointed as members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen
or heads ofbureaus or offices, including government-owned or controlled corporations. (Sec.
13, Art. VII, 1987 Constitution)

 General prohibition on public officers-

a. Sec. 7, Republic Act No. 6713 (or the Code of Conduct and Ethical Standards for Public Officials
and Employees) – that is,
(a) Any financial or material interest in any transaction requiring the approval of their office;
(b) Outside employment and other activities related thereto;
(c) Disclosure and/or misuse of confidential information; and
(d) solicitation or acceptance of gifts;
b. Sec. 55, Subtitle A, Title I, Book V, Administrative Code of 1987. Partisan political activity – an act
designed to promote the election or defeat of a particular candidate or candidates to a particular public
office (But does NOT include: Expression of views on current political problems or issues; Mention of
the names of the candidates for public office whom a public officer supports; Does not apply to those
holding political offices, but it shall be unlawful for them to solicit contributions from their
subordinates or subject them to any of the acts involving subordinates prohibited in the Election Code;
and Members of the Cabinet are exempt from this prohibition.

39
 c. No elective or appointive public officer or employee shall receive additional, double, or indirect
compensation, nor accept without the consent of the Congress, any present, emolument, office, or title
of any kind from any foreign government.(Sec. 8, Art. IX-B, 1987 Constitution) EXCEPTIONS: i.
Those specifically authorized by law; ii. Pensions or gratuities (National Amnesty Commmission vs.
Commission on Audit, G.R. No. 156982, September 8, 2004)

d. Limitations on laborers: Laborers shall not be assigned to perform clerical duties; (Sec. 57, Subtitle
A, Title I, Book V, Administrative Code of 1987)

e. Detail or Reassignment: No detail or re-assignment shall be made within three (3) months before any
election without approval of the Commission on Elections;(Sec. 58, Subtitle A, Title I, Book V,
Administrative Code of 1987)

f. Nepotism: All appointments x x x made in favor of a relative of the appointing or recommending

authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision
over him, are hereby prohibited (Sec. 59, Subtitle A, Title I, Book V, Administrative Code of 1987).
g. Prohibition to strike;
h. Restriction against engaging in private business; No officer or employee shall engage directly in any
private business, vocation, or profession or be connected with any commercial, credit, agricultural, or
industrial undertaking without a written permission from the head ofDepartment; Provided, That his
prohibition will be absolute in the case of those officers and employees whose duties and
responsibilities require that their entire time be at the disposal of the Government: Provided, further,
That if an employee is granted permission to engage in outside activities, the time so devoted outside of
office hours should be fixed by the chief of the agency to the end that it will not impair in any way the
efficiency of the officer or employee: And provided, finally, That no permission is necessary in the
case of investments, made by an officer or employee, which do not involve any real or apparent
conflict between his private interests and public duties, or in any way influence him in the discharge of
his duties, and he shall not take part in the management of the enterprise or become an officer or
member of the board of directors. (Sec. 12, Rule XVIII, Revised Civil Service Rules; Abeto vs
Garcesa, A.M. No. P-88-269, December 29, 1995)

D. Powers and duties of public officers

 POWERS
The authority of public officers consists of those powers which are:
a. Expressly conferred upon him by act appointing him; and
b. Expressly annexed to the office by the law which created it, or some other law referring to it.
(Kilusang Bayan vs. Dominguez, G.R. No. 85439, January 13, 1992)

Under the Doctrine of Necessary Implication, all powers necessary for the effective exercise of the
express powers are expressly granted. An officer has only such powers as are expressly granted to him
and those necessarily implied in the exercise thereof. These powers should not be extended by
implication beyond what may be necessary for their just and reasonable execution. (Kilusang Bayan vs
Dominguez, G.R. No. 85439, January 13, 1992)

Doctrine of Qualified Political Agency -- The acts of the Secretaries of such departments, performed
and promulgated in the regular course of business, are unless disapproved or reprobated by the Chief
Executive, presumptively the acts of the Chief Executive.(Carpio vs. Executive Secretary, G.R. No.
96409, February 14, 1992)

 MINISTERIAL - A purely ministerial act or duty, in contradistinction to a discretionary act, is

one which an officer or tribunal performs in a given state of facts, in a prescribed manner, in
obedience to the mandate of legal authority, without regard to or the exercise of his own
judgment, upon the propriety or impropriety of the act done.

40
  DISCRETIONARY- If the law imposes a duty upon a public officer, and gives him the right
to decide how or when the duty shall be performed, such duty is discretionary and not
ministerial.

 DUTIES (General, Specific, Constitutional)

Constitutional duties of a public officer
1. At all times, be accountable to the people; to serve them with utmost responsibility, integrity,
loyalty and efficiency; to act with patriotism and justice; and to lead modest lives. (Sec. 1, Art. XI,
1987 Constitution).
2. A public officer or employee shall, upon assumption of office and as often thereafter as may be
required by law, submit a declaration under oath of his assets and liabilities, and net worth. It shall
be disclosed to the public in a manner provided by law (Sec. 17, Art. XI, 1987 Constitution).
3. To owe the State and the Constitution allegiance at all times. (Sec. 18, Art. XI, 1987 Constitution)

General duties of a public officer- To be accountable to the people, to serve them with utmost
responsibility, integrity, loyalty and efficiency (Sec. 1, Art XI, 1987 Constitution)

a. To obey the law;

b. To accept and continue in office;
c. To accept burden of office;
d. As to diligence and care: (a) Choice of subordinates, and (b) Supervision of subordinates e.
Ethical duties of a public officer: As to outside activities, where personal interest is involved,
to act with civility.

Specific duties of a public officer - (Section 5, R,A, No. 6713, Code of Conduct and Ethical Standards
for Public Officials and Employees)
a. Act promptly on letters and requests;
b. Submit annual performance reports;
c. Process documents and papers expeditiously;
d. Act immediately on public‘s personal transactions; and
e. Make documents available to the public.

 Duty to make public records accessible to the public; Excludes state secrets of military, diplomatic,
and similar matters, national security.
 Duty to make a statement of assets, liabilities, and net worth (SALN); covers the ff: real property,
its improvements, acquisition costs, assessed value and current fair market value; personal
property and acquisition cost; all other assets such as investments, cash on hand or in banks,
stocks, bonds, and the like; liabilities, and; all business interests and financial connections. (Sec. 8,
Code of Conduct and Ethical Standards for Public Officials and Employees; Maruez vs. Judge
Venancio Ovejera, A.M. No. P11-2903, Feb. 5, 2014)
 Duty to make divestment; A public official or employee shall avoid conflicts of interest at all
times. When a conflict of interest arises, he shall resign from his position in any private business
enterprise within thirty (30) days from his assumption of office and/or divest himself of his
shareholdings or interest within sixty (60) days from such assumption. The same rule shall apply
where the public official or employee is a partner in a partnership. The requirement of divestment
shall not apply to those who serve the Government in an honorary capacity nor to laborers and
casual or temporary workers (Section 9, RA 6713). In the absence of any conflict of interest,
divestment is NOT NECESSARY. (Agpalo, Administrative Law and Law on Public Officer,
2005)

E. De facto vs de jure officers

 DE FACTO OFFICER – one whose title to the office is presumptively legitimate or who reasonably
appears to be the officer he assumes to be although he really does not have valid title in the position he
is holding. An officer who assumed office under a color of a known appointment or election. It is void
because: a. The officer was illegible; b. There was want of power in the election body c. There was

41
 some defect or irregularity in its exercise. d. Such ineligibility, want of power, or defect was unknown
to the public.
-A public officer or employee who assumed office under an INCOMPLETE APPOINTMENT, even if
such appointment is tolerated or acquiesced by superior officers and even when the appointee had
served for years. (Corpuz vs. Court of Appeals, G.R. No. 123989, January 26, 1998) One who has the
reputation or appearance of being the officer he assumed to be but who, in fact, has no right to or title
to the office he assumes to hold.
-Elements of a De Facto Officer (Tuanda vs Sandiganbayan, G.R. No. 110544, October 17, 1995)
1. There must be a validly existing (de jure) office: The office occupied by the de facto officer must be
legitimate, except that there is some defect in the title of the officer holding it.
NOTE: There is no such thing as a de facto office under Constitutional law. There may be a de
facto officer in a de jure office, but there cannot be a de facto officer in a de facto office. If
what is defective is not the title to the office but the office itself, then the possessor thereof is
not a de facto officer.
2. Actual and physical possession of the office in good faith: The office must be actually held by the de
facto officer if his acts are to affect the public and third persons.
3. Color of title to the office
COLOR OF AUTHORITY – an authority derived from appointment, however irregular or
informal, so that the incumbent be not a mere volunteer.
 DE JURE; One who has the lawful right to the office in all respects, but who has either been ousted
from it, or who has never actually taken possession of it. When the officer de jure is also the officer de
facto, the lawful title and possession are united.

F. The Civil Service

 Central personnel agency of the government.

 Composition: Chairman and 2 commissioners, Appointed by the President with consent of the
Commission on Appointments for a term of 7 years, without reappointment. Coverage of the Civil
Service All branches, subdivisions, instrumentalities, and agencies of the government including GOCC
with original charters.
 Classifications:
(1) CAREER=Appointments to the Career Service is to be determined as far as practicable by
competitive examination (Except: Policy-determining, Primarily Confidential, and Highly-
Technical)
Levels of Positions 1. 1st level: clerical, trades, crafts and custodial service positions involving
nonprofessional/sub-professional in a nonsupervisory or supervisory capacity requiring less than 4
years of collegiate studies. 2. 2nd level: professional, technical and scientific positions in a
nonsupervisory/supervisory capacity requiring at least 4 years of college work up to division chief
level. 3. 3rd level: career executive service positions (i.e.Undersecretary, Assistant Secretary,
Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, Chief
of Department Service and other officers of equivalent rank as may be identified by the Career
Executive Service Board, all of whom are appointed by the President) [Sec. 7, Chapter 1, Title IA,
Administrative Code of 1987]

(2) NON-CAREER=1. Entrance on bases other than those of the usual test of merit and fitness; 2.
Tenure which is limited to: a. Period specified by law; b. Coterminous with that of appointing
authority; c. Subject to appointing authority’s pleasure; d. Limited to the duration of a particular
project. 3. They, however, enjoy constitutional guarantee that they cannot be removed except for
cause and after due hearing.

G. Accountability of public officers

1. Discipline

a. Grounds

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 Grounds for Discipline: (DOOD IPOD MINI MUG)
1. Discourtesy in the course of official duties;
2. Refusal to perform Official duty or render overtime service;
3. Falsification of Official documents;
4. Habitual Drunkenness;
5. Inefficiency and incompetence in the performance of official duties;
6. Willful refusal to Pay just debts or willful failure to pay taxes due to the government;
7. Oppression;
8. Dishonesty;
9. Misconduct;
10. Disgraceful and Immoral conduct;
11. Neglect of duty;
12. Physical or mental Incapacity due to immoral or vicious habits;
13. Conviction of a crime involving Moral turpitude;
14. Being notoriously Undesirable;
15. Gambling

b. Jurisdiction- The Civil Service Commission shall decide upon appeal all administrative disciplinary cases
involving the imposition of a penalty of:  suspension for more than thirty days  fine in an amount exceeding thirty
days‘ salary  demotion in rank or salary  transfer  removal or dismissal from office. A complaint may be filed
directly with the Commission by a private citizen against a government official or employee in which case it may hear
and decide the case or it may deputize any department or agency or official or group of officials to conduct the
investigation. The results of the investigation shall be submitted to the Commission with recommendation as to the
penalty to be imposed or other action to be taken

The Secretaries and heads of agencies and instrumentalities, provinces, cities and
municipalities shall have jurisdiction to investigate and decide matters involving disciplinary
action against officers and employees under their jurisdiction. Their decision shall be final in
case the penalty imposed is suspension for not more than 30 days or fine in an amount not
exceeding 30 days’ salary.

In case the decision rendered by a bureau or office head is appealable to the Commission, the
same may be initially appealed to the department and finally to the Commission and pending
appeal, the same shall be executor except when the penalty is removal, in which case the same
shall be executory only after confirmation by the Secretary concerned.

The Commission shall decide upon appeal all administrative disciplinary cases involving the
imposition of a penalty of suspension for more than 30 days, or fine in an amount exceeding
30 days salary, demotion in rank or salary transfer, removal or dismissal from office.

A complaint may be filed directly with the Commission by a private citizen against a
government official or employee in which case it may hear and decide the case or it may
deputize any department, agency, official, or group of officials to conduct the investigation.

Disciplinary cases and cases involving “personnel actions” affecting employees in the civil
service are within the exclusive jurisdiction of the Civil Service Commission, which is the
sole arbiter of controversies relating to the civil service.

Executive Order No. 151, or the Presidential Commission Against Graft and Corruption,
exercises jurisdiction to investigate all administrative complaints involving graft and
corruption filed in any form or manner against presidential appointees in the executive
department of the government, including those in GOCCs. Such jurisdiction extends to non-
presidential appointees who may have acted in conspiracy or who may have been involved
with a presidential appointee.

The Sandiganbayan has exclusive original jurisdiction over presidents, directors or trustees, or
managers of GOCCs, without any distinction with respect to the manner of their creation,
whenever charges of graft and corruption are involved.

43
 RA No. 4670, otherwise known as the Magna Carta for Public School Teachers, covers and
governs administrative proceedings involving public school teachers.

c. Dismissal, preventive suspension, reinstatement and back salaries

 Dismissal- The rule is settled that back salaries may be awarded to civil servants only
if they have been illegally dismissed and thenceforth ordered reinstated, or to those
acquitted of the charge against them.
When an official or employee was illegally dismissed and his reinstatement has later
been ordered, for all legal purposes he is considered as not having left his office.
Therefore, he is entitled to all the rights and privileges that accrue to him by virtue of
the office he held. (Galang v. Land Bank, G.R. 175276, 2011).

 Preventive Suspension- Merely a preventive measure, a preliminary step in an

administrative investigation. The purpose of the suspension order is to prevent the
accused from using his position and the powers and prerogatives of his office to
influence potential witnesses or tamper with records which may be vital in the
prosecution of the case against him. If after such investigation, the charge is
established and the person investigated is found guilty of acts warranting his
suspension or removal, then, as a penalty, he is suspended, removed or dismissed.
(Villasenor v. Sandiganbayan, G.R. No. 180700, 2008)
 Reinstatement- refers to the issuance of an appointment to a person who has been
previously appointed to a position in the career service and who has, through no
delinquency or misconduct, been separated therefrom, or to the restoration of one
who has been exonerated of the administrative charges filed against him. (Galang v.
Land Bank, G.R. 175276, 2011). ; Restoration to a state or condition from which one
had been removed or separated. One who is reinstated assumes the position he had
occupied prior to the dismissal and is, as an ordinary rule, entitled only to the last
salary in that position.
 Back Salaries- A form of relief that restores the income that was lost by reason of
unlawful dismissal. An illegally terminated civil service employee is entitled to back
salaries limited only to a maximum period of five years, and not full back salaries
from his illegal termination up to his reinstatement. (Galang v. Land Bank, G.R.
175276, 2011)

d. Condonation doctrine- is the doctrine that provides that a reelected official should no
longer be made accountable for an administrative offense committed during his previous term.

 election is not a mode of condoning an administrative offense, and there is simply no

constitutional or statutory basis in our jurisdiction to support the notion that an
official elected for a different term is fully absolved of any administrative liability
arising from an offense done during a prior term."

2. Impeachment- Pertains to the power of Congress to remove a public official for serious crimes or
misconduct as provided in the Constitution. It is a mechanism designed to check abuse of power.

 a criminal proceeding against a public officer, before a quasi – judicial political court,
instituted by written accusation called Articles of Impeachment (Agpalo, Law on Public
Officers, 2005), whose purpose is to protect the people from official delinquencies or
malfeasances. The penalties attached to impeachment are merely incidental to the primary
intention of protecting the people as a body politic.(De Leon, The Law on Public Officers and
Election Law, 2008)
 The method of national inquest into the conduct of public men. It is described as the most
formidable weapon in the arsenal of democracy. (Cruz, Philippine Political Law, 2002)

44
  Grounds: Culpable violation of the Constitution, Treason, Bribery (Direct or Indirect), High
crimes, Graft and Corruption. Betrayal of Public trust

3. The Ombudsman- There is hereby created the independent Office of the Ombudsman, composed of
the Ombudsman to be known as Tanodbayan, one overall Deputy and at least one Deputy each for
Luzon, Visayas, and Mindanao. A separate Deputy for the military establishment may likewise be
appointed. (Sec 5, Art XI, 1987 Constitution). Since the power to investigate has been vested to the
Ombudsman, the Special Prosecutor can only investigate and prosecute if authorized by the
Ombudsman.

a. Functions
1. Investigate on its own, or on complaint by any person, any act or omission of any public
official, employee, office or agency, when such act or omission appears to be illegal, unjust,
improper, or inefficient.
2. Direct, upon complaint or at its own instance, any public official or employee of the
Government, or any subdivision, agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original charter, to perform and expedite
any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the
performance of duties.
3. Direct the officer concerned to take appropriate action against a public official or employee
at fault, and recommend his removal, suspension,demotion, fine, censure, or prosecution, and
ensure compliance therewith. 4. Direct the officer concerned, in any appropriate case, and
subject to such limitations as may be provided by law, to furnish it with copies of documents
relating to contracts or transactions entered into by his office involving the disbursement or use
of public funds or properties, and report any irregularity to the Commission on Audit for
appropriate action.
5. Request any government agency for assistance and information necessary in the discharge
of its responsibilities, and to examine, if necessary, pertinent records and documents.
6. Publicize matters covered by its investigation when circumstances so warrant and with due
prudence.
7. Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the
Government and make recommendations for their elimination and the observance of high
standards of ethics and efficiency.
8. Promulgate its rules of procedure and exercise such other powers or perform such functions
or duties as may be provided by law.

b. Judicial review in administrative proceedings

 A respondent who is found administratively liable by the Office of the Ombudsman

and is slapped with a penalty of suspension of more than one month from service has
the right to file an appeal with the Court of Appeals under Rule 43 of the 1997 Rules
of Civil Procedure, as amended. But although a respondent is given the right to
appeal, the act of filing an appeal does not stay the execution of the decision of the
Office of the Ombudsman; it is immediately executory pending appeal‖ (Ganaden vs.
Court of Appeals, G.R. Nos. 170500 & 170510-11, June 1, 2011)
 An officer or employee under administrative investigation may be allowed to resign
pending decision of his case but it shall be without prejudice to the continuation of
the proceeding against him. It shall also be without prejudice to the filing of any
administrative, criminal case against him for any act committed while still in the
service. (Office of the Ombudsman vs. Andutan, Jr. G.R. No. 164679, July 27, 2011)
 The Court of Appeals has jurisdiction over orders, directives and decisions of the
Office of the Ombudsman in administrative disciplinary cases only. It cannot,
therefore, review the orders, directives or decisions of the Office of the Ombudsman
in criminal or non-administrative cases. (Golangco vs. Fung, G.R. No. 147640,
October 12, 2006)

d. Judicial review in penal proceedings

45
 a) Finding of Probable Cause ± Rule 65 to SC [Gatchalian v. Ombudsman, GR No.
197613, 2017; Ornales v. Deputy Ombudsman, GR No. 214312, 2018]
b) Dismissal ± Rule 65 to SC [Enemecio v. Ombudsman, GR No. 146731, 2004;
Estrada v. Desierto, GR No. 156160, 2004; PAO v. Ombudsman, GR No. 197613,
2017]
NOTE: A petition for certiorari under Rule 65 of the Rules of Court questioning the finding of
the existence of probable cause - or the lack thereof - by the Ombudsman should be filed with
the SC. [Gatchalian v. Ombudsman, GR No. 197613, 2017 citing Estrada v. Desierto, GR No.
156160, 2004]

4. The Sandiganbayan

a. Violation of R.A. 3019 as amended; R.A. 1379; and Chapter II, Sec. 2, Title VII, Book II of the
Revised Penal Code where one or more of the accused are officials occupying the following positions
in the government, whether in a permanent, acting or interim capacity at the time of the commission of
the offense:

(1)Official of the Executive branch with the position of regional director or higher, orwith
Salary Grade Level 27 (G27) according to R.A. 6758, specifically including:
(a) Provincial governors, vice-governors, Board members, provincial treasurers,
engineers and other provincial department heads;
(b) City mayors, vice-mayors, city councilors,city treasurer, assessors, engineers and
other city department heads;
(c) Officials of the diplomatic service from consuls or higher;
(d) PA/PAF colonels; PN captains and all officers of higher rank;
(e) Officers of the PNP while occupying the position of provincial director and those
holding the rank of senior superintendent or higher;
(f) City/provincial prosecutors and their assistants, and official and prosecutors in the
Office of the Ombudsman and special prosecutor; and
(g) Presidents, directors, trustees, or managers of GOCC‘s state universities or
educational institutions or foundations;

(2) Members of Congress and officials thereof with G27 and up;
(3) Members of the Judiciary without prejudice to the Constitution;
(4) Chairmen and members of the Constitutional Commissions without prejudice to
the Constitution; and
(5) All other national and local officials with G27 or higher
b. Other offenses or felonies whether simple or complexed with other crimes committed by the public
officials and employees mentioned in subsection a. of this section in relation to their office.
c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and
14-A, issued in 1986.

X. ADMINISTRATIVE LAW

A. General principles

 ADMINISTRATIVE LAW- –It is the branch of modern law under which the executive department of
the government, acting in a quasi-egislative or quasi-judicial capacity, interferes with the conduct of
the individual for the purposes of promoting the well-being of the community. (Cruz, Philippine
Administrative Law, 2010), That branch of public law which fixes the organization, and determines the
competence of administrative authorities, and indicates to the individual remedies for the violation of
his rights. (Nachura, Outline Reviewer in Political Law, 2015)

B. Powers of administrative agencies

1. Quasi-legislative (rule-making) power

46
Power of an administrative agency to make rules and regulations that have the force and effect of law so long as
they are issued within the confines of the granting statute (PBOAP vs DOLE, G.R. No. 202275, July 17,
2018).Intended merely to implement the law and to carry out the legislative policy and not the discretion to
determine what the law shall be.Administrative agencies may exercise quasi-legislative powers only if there
exists a law which delegate these powers to them. (Republic of the Philippines vs. Drugmakers Lab. Inc., G.R.
No. 190837, March 5, 2014)

a. Kinds of administrative rules and regulations

i. Legislative Rule – are in the nature of subordinate legislation and designed to implement a
primary legislation by providing the details thereof. Theyusually implement existing law,
imposing general, extra-statutory obligations pursuant to authority properly delegated by
Congress and effect a change in existing law or policy which affects individual rights and
obligations.

ii. Interpretative Rule – are intended to interpret, clarify or explain existing statutory
regulations under which the administrative body operates. Their purpose or objective is
merely to construe the statute being administered and purport to do no more than interpret the
statute. Simply, they try to say what the statute means and refer to no single person or party in
particular but concern all those belonging to the same class which may be covered by the said
rules.

iii. Contingent rules – are those issued by an administrative authority based on the existence of
certain facts or things upon which the enforcement of the law depends. (Republic of the
Philippines vs. Drugmakers Lab. Inc., G.R. No. 190837, March 5, 2014)

b. Requisites for validity

1. Promulgation must be authorized by the legislature.

2. It must be within the scope of the authority given by the legislature.
3. It must be promulgated in accordance with the prescribed procedure
4. It must be reasonable. (Executive Secretary vs. Southwing Heavy Industries, 482 SCRA
673, February 20, 2006)

Requisites for validity of Administrative Rules and Regulations with Penal Sanctions;

1. The law must itself provide for the imposition of a penalty for its violation
2. It must fix or define such penalty;
3. The violation for which the rules and regulations impose a penalty must be punishable or
made a crime under the law itself; and
4. It must be published in the Official Gazette (De Leon, Administrative Law: Text and Cases,
2010)

2. Quasi-judicial power- the power to hear and determine questions of fact to which the legislative policy is to
apply and to decide in accordance with the standards laid down by the law itself in enforcing and administering
the same law (Globe vs. Court of Appeals, G.R. No. 152063, August 12, 2003). The exercise of this power is
only incidental to the main function of administrative authorities, which is the enforcement of the law. (C.T.
Torres Enterprises, Inc. vs. Hibionada, G.R. No. 80916, November 9, 1990)

a. Administrative due process

 The essence of due process in administrative proceedings is the opportunity to explain one‘s
side or seek a reconsideration of the action or ruling complained of, and to submit any
evidence he may have in support of his defense. The demands of due process are sufficiently
met when the parties are given the opportunity to be heard before judgment is rendered.
(Lacson vs Executive Secretary, GR No. 165399, May 30, 2011)
 VIOLATION; a. There is failure to sufficiently explain the reason for the decision rendered;
or b. If not supported by substantial evidence; and c. Imputation of a violation and imposition

47
 of a fine despite absence of due notice and hearing. (Globe Telecom vs. NTC, G.R. No.
143964, July 26, 2004
 QUANTUM OF PROOF: Substantial Evidence, or the amount of relevant evidence which a
reasonable mind might accept as adequate to justify a conclusion.

b. Administrative appeal and review

 Where provided by law, appeal from administrative determination may be made to a higher or
superior administrative officer or body. Unless otherwise provided by law or executive order,
an appeal from a final decision of the agency may be taken to the Department head. (Sec. 19,
Chap. 4, Administrative Code, Book Where provided by law, appeal from administrative
determination may be made to a higher or superior administrative officer or body. Unless
otherwise provided by law or executive order, an appeal from a final decision of the agency
may be taken to the Department head. (Sec. 19, Chap. 4, Administrative Code, Book VII)VII)

c. Administrative res judicata

 the decisions and orders of administrative agencies, rendered pursuant to their quasi-judicial
authority, have upon their finality, the force and binding effect of a final judgment within the
purview of the doctrine of res judicata. (Cruz, Philippine Administrative Law, 2016)
 A resolution which substantially modifies a decision after it has attained finality, is utterly
void.
 The principle of Res Judicata may not be invoked in labor relations proceedings considering
that such proceedings are nonlitigious and summary in nature without regard to legal
technicalities. (Razon vs. Inciong, G.R. No. L-51809, December 19, 1980)

3. Fact-finding, investigative, licensing, and rate-fixing powers

a) FACT-FINDING POWER – it is the power of an administrative body to inspect the records

and premises and investigate the activities of persons or entities coming under its jurisdiction,
or to secure, or to require the disclosure of information by means of accounts, records,
reports, or statements or testimony of witnesses, production of documents, or otherwise (De
Leon, Administrative Law, 2010, p.75)
b) INVESTIGATIVE POWER – the power of an administrative agency to take into
consideration the result of its own observation and investigation of the matter submitted to it
for decision, in connection with other evidence presented at the hearing of the case.
c) LICENSING POWER – the action of an administrative agency in granting or denying, or in
suspending or revoking a license, permit, franchise, or certificate ofpublic convenience and
necessity.(De Leon, Administrative Law, 2010;
In Divinagracia vs. Consolidated Broadcasting System, G.R. No. 162272, April 7,
2009, the Court held that even as the NTC is vested with the power to issue CPCs to
broadcast stations, it is not expressly vested with the power to cancel such CPCs, or
otherwise empowered to prevent broadcast stations with duly issued franchises and
CPCs from operating radio or television stations. E.O. No. 546 provides no explicit
basis to assert that the NTC has the power to cancel the licenses or CPCs it has duly
issued.
d) RATE-FIXING POWER – the power usually delegated by the legislature to administrative
agencies for the latter to fix the rates which public utility companies may charge the public.
(De Leon, Administrative Law, 2010) Findings of facts by administrative bodies which
observed procedural safeguards (e.g. notice and hearing parties, and a full consideration of
evidence) are accorded the greatest respect by courts.
C. Doctrines of primary jurisdiction and exhaustion of administrative remedies

 DOCTRINE OF PRIMARY JURISDICTION; Courts will not interfere in matters which are addressed
to the sound discretion of the government agency entrusted with the regulation of activities coming

48
 under its special and technical training and knowledge and the latter are given wide latitude in the
evaluation if evidence and in the exercise of their adjudicative functions. (Ayala Land, Inc. and Capitol
Citifarms, Inc. vs. Simeona Castillo, et al., G.R. No. 178110, June 15, 2011)
 DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES: Whenever there is an
available administrative remedyprovided by law, no judicial recourse can be made until all such
remedies have been availed of and exhausted. (Teotico vs. Agda, Sr., G.R. No. 87437, May 29, 1991).
An administrative decision must be first appealed to the administrative superior up to the highest level
before elevating it to the court of justice for review. (Philippine Health Insurance Corp. vs. Chinese
General Hospital and Medical Center, G.R. No. 163123, April 15, 2005)
-Exemptions to the Doctrine of Exhaustion of Administrative Remedies
a. Where there is estoppel on the part of the party invoking the doctrine;
b. Where the challenged administrative act is patently illegal, amounting to lack of
jurisdiction;
c. Where there is unreasonable delay or official inaction that will irretrievably prejudice the
complainant;
d. Where the amount involved is relatively small so as to make the rule impractical and
oppressive;
e. Where the question involved is purely legal and will ultimately have to be decided by the
courts of justice; f. Where judicial intervention is urgent;
g. When its application may cause great and irreparable damage;
h. Where the controverted acts violate due process;
i. When the issue of non-exhaustion of administrative remedies has been rendered moot;
j. When there is no other plain, speedy and adequate remedy;
k. When strong public interest is involved; and,
l. In quo warranto proceedings. (Republic of the Philippines vs. Lacap, et al., G.R. No.
158253, March 2, 2007).

XI. ELECTION LAW

A. Suffrage-It is the right to vote in the election of officers chosen by the people and in the determination of
questions submitted to the people. It includes within its scope election, plebiscite, initiative and referendum.
(Nachura, Outline Reviewer in Political Law, 2016)

 ELECTION: It is the means by which the people choose their officials for a definite and fixed period
and to whom they entrust for the time being the exercise of powers of government.
 Special election – one held to fill a vacancy in office before the expiration of the full term for which the
incumbent was elected.
 Election Period: Unless otherwise fixed by the Commission on Elections in special cases, the election
period shall commence 90 days before the day of the election and shall end 30 days thereafter. [Sec. 9,
Art. IX-C, 1987 Constitution]

1. Qualification and disqualification of voters

 Citizenship- by birth or naturalization; at least 18 yrs old at the day of election

 Residence- at least: 1 yr in PH, and or 6 months the locality where he proposes to vote.
Synonymous with Domicile. It is enough that he should live there, provided that his stay is
accompanied by his intention to reside therein permanently. (Marcos vs. Commission on
Elections, GR No. 119976, September 18, 1995). No property requirement.
 There are three requisites to acquire a new domicile: (a) residence or bodily presence
in a new locality; (b) an intention to remain there (c) an intention to abandon the old
domicile. (Poe vs. COMELEC, G.R. No. 221697, March 8, 2016)
 Not Disqualified by law- There are three (3) grounds for disqualification to register as a voter
under Sec. 11, Voters‘ Registration Act of 1996:
a. Sentenced by final judgment to suffer imprisonment for not less than 1 year (unless granted
a plenary pardon or an amnesty) shall automatically reacquire the right to vote upon the
expiration of 5 years after the service of sentence.

49
 b. Adjudged by final judgment for having committed any crime involving disloyalty to the
duly constituted government (e,g, rebellion, sedition, violation of the firearms law) or any
crime against national security (unless restored to full civil and political rights in accordance
with law) shall automatically reacquire the right to vote upon the expiration of 5 years after
the service of sentence.
c. Insane or incompetent persons as declared by competent authority.

To vote in any election, plebiscite or referendum, he must be registered in the Permanent List of Voters
for the city or municipality in which he resides. (Sec. 115, Omnibus Election Code) No literacy,
property, or other substantive requirement shall be imposed on the exercise of suffrage .

2. Registration and deactivation

 Registration – the act of accomplishing and filing of a sworn application for registration by a
qualified voter before the election officer of the city or municipality wherein he resides and
including the same in the book of registered voters upon approval by the Election Registration
Board. (Sec. 3[a], Voters’ Registration Act)
 Period: No registration shall be conducted within:(a) 120 days before regular
election; and (b)90 days before a special election (Sec. 8, Voters’ Registration Act) ;
Periods are prohibitive, COMELEC has power to fix all other dates for pre-election
activities.

NOTE:

ELECTION REGISTRATION BOARD ; There shall be in each city and municipality as

many ERBs as there are election officers therein (Sec. 15, R.A. No. 8189), made of 1
chairman (election officer) and 2 members (1 senior rank, public school official, and 1 LCR or
M/C treasurer)

CHANGE OF ADDRESS: (1) To another city or municipality: The registered voter may
apply with the Election Officer of his new residence for the transfer of his registration records.
(Sec. 12, R.A. No. 8189), (2) In the same city or municipality: Voter shall immediately notify
the Election Officer in writing. (Sec. 13, R.A. No. 8189)

 Deactivation – the process of deactivating the registration of certain persons, removing their
registration records from the corresponding precinct book of voters and placing the same in
the inactive file, properly marked 'deactivated' and dated in indelible ink.

CAUSES:
a. Sentenced by final judgment to suffer imprisonment for not less than 1 year (unless
granted plenary pardon or amnesty);
b. Adjudged by final judgment for having committed any crime involving disloyalty
to the duly constituted government (e.g. rebellion, sedition, violation of the firearms
law) or any crime against national security (unless restored to full civil and political
rights in accordance with law) shall automatically reacquire the right to vote upon the
expiration of 5 years after the service of sentence; c. Insane or incompetent persons
as declared by competent authority;
d. Did not vote in the two (2) successive preceding regular elections (excluding
Sangguniang Kabataan elections);
e. Registration has been ordered excluded by the Court; and
f. Loss of Filipino citizenship

 REACTIVATION OF REGISTRATION: Any voter whose registration has been deactivated

may filewith the Election officer a sworn application for reactivation of his registration in the
form of an affidavit stating that the grounds for the deactivation no longer exist. WHEN: Any
time not later than 120 days before a regular election and 90 days before a special election.

50
 (Sec. 28, R.A. No. 8189). Upon approval by ERB thru referral made by Election officer, EO
retrieve the registration record from the inactive file and include the same in the
corresponding precinct book of voters

3. Inclusion and exclusion proceedings- Summary in character, decision in an exclusion or inclusion

proceeding, even if final and unappealable, does not acquire the nature of res judicata.

PETITION FOR INCLUSION PETITION FOR

(Sec. 34, RA No. 8189) EXCLUSION (Sec. 35,
RA No. 8189)
When to file Any time except 105 days before a Any time except 100 days
regular election or 75 days before a before a regular election
special election. or 65 days before a special
election.
Who may file a. Any person whose application a. Any registered voter in
for registration has been the city or municipality
disapproved by the BEI, or b. Representative of
b. Any person whose name has political party
been stricken out from the list c. Election officer
Period for the Within 15 days after its filing Within 10 days from its
court to decide filing
Jurisdiction The Municipal and Metropolitan Trial Courts shall have original
and exclusive jurisdiction.

4. Local and overseas absentee voting

 LOCAL ABSENTEE VOTING- a system of voting whereby government officials and

employees, including members of the Armed Forces of the Philippines (AFP), and the
Philippine National Police (PNP) as well as members of the media, media practitioners
including their technical and support staff (media voters) who are duly registered voters, are
allowed to vote for the national positions in places where they are not registered voters but
where they are temporarily assigned to perform election duties on election day (Sec. 1(a),
COMELEC Resolution 9637, 13 February 2013)

 OVERSEAS ABSENTEE VOTING – Process by which qualified citizens of the Philippines

abroad exercises their right to vote. Applicable to ALL FILIPINOS ABROAD who are NOT
disqualified by law, at least eighteen (18) years of age on the day of elections may vote for
president, vice-president, senators and party-list representatives (Sec. 4, R.A. No. 9189).
Registration as an overseas absentee voter shall be done in person. (Sec. 5, R.A. No. 9189)

- OA VOTER: citizen of the Philippines who is qualified to register and vote under this Act,
not otherwise disqualified by law, who is abroad on the day of elections (Sec. 3[f], R.A. No.
9189)

- Disqualifications;
a.) have lost their Filipino citizenship in accordance with Philippine laws;
b.) have expressly renounced their Philippine citizenship and who have pledged allegiance to
a foreign country
c.) have committed and are convicted in a final judgment by a court or tribunal of an offense
punishable by imprisonment of not less than one (1) year, including those who have
committed and been found guilty of disloyalty as defined under Article 137 of the Revised
Penal Code;such disability not having been removed by plenary pardon or amnesty.
(However, automatically acquire the right to vote upon expiration of five (5) years after
service of sentence)

51
 d.) immigrant or a permanent resident who is recognized as such in the host country, unless
he/she executes, upon registration, an affidavit prepared for the purpose by the Commission
declaring that: 1. he/she shall resume actual physical permanent residence in the Philippines
not later than three (3) years from approval of his/her registration, and
2. he/she has not applied for citizenship in another country.

e.) previously declared insane or incompetent by competent authority in the Philippines or

abroad, as verified by the Philippine embassies, consulates, or foreign service establishments
concerned. (Sec. 5, R.A. No. 9189)

5. Detainee voting-

 Detainee voting (either through the special polling place inside jails or escorted voting) may
be availed of by any registered detainee whose registration is not transferred/
deactivated/cancelled/deleted (Rule 1, Sec. 1, COMELEC Resolution No. 9371, March 6,
2012). Special polling place shall be established in detention center/jails with at least fifty (50)
registered detainee voters (Sec. 1, Rule 3, COMELEC Resolution No. 9371)
 Detainee refers to any person: 1. Confined in jail, formally charged for any crime/s and
awaiting/undergoing trial; or 2. Serving a sentence of imprisonment for less than one (1) year;
or 3. Whose conviction of a crime involving disloyalty to the duly constituted government
such as rebellion, sedition, violation of the firearms laws or any crime against national
security or for any other crime is on appeal (Sec. 2, Rule 1, COMELEC Resolution No. 9371)

B. Candidacy

 CANDIDATE – any person aspiring for or seeking an elective public office, who has filed a certificate
of candidacy by himself or through an accredited political party, aggroupment, or coalition of parties.
(Sec. 79[a], B.P. 881
 Essential elements for violation of Section 80 of the Omnibus Election Code are: (1) a person engages
in an election campaign or partisan political activity; (2) the act is designed to promote the election or
defeat of a particular candidate or candidates; (3) the act is done outside the campaign period

1. Qualifications and disqualifications of candidates- continuing requirements and must be

possessed for the duration of the officer‘s active tenure. Once any of the required qualifications is lost,
his title to the office may be seasonably challenged. (Frivaldo vs. Commission on Elections, G.R. No.
120295, June 28, 1996; Labo vs. Commission on Elections, G.R. No. 86564, August 1, 1989)

REQUIRE PRESIDENT SENATORS DISTRICT GOVERNORS / VICE GIVERNORS /

MENTS / VICE (Sec. 3, Art. REPRESEN MAYORS / VICE MAYORS/ PUNONG
PRESIDENT VI, 1987 TATIVES BARANGAY / MEMBERS OF THE
(Sec. 2 & 3, Constitution) (Sec. 6, Art. SANGGUNIAN (Sec. 39, RA 7160 or the Local
Art. VII, 1987 VI, 1987 Government Code)
Constitution) Constitution
)
Citizenship
Registered
voter
Read and
Write
Age At least 40 At least 35 At least 25 On election day: 23 years old: for Governor, Vice
years old on years old on years old on Governor, Mayor, Vice Mayor, and members of
election day election day election day the Sangguniang Panlungsod of the highly-
urbanized cities 21 years old: for Mayor or Vice
Mayor of independent component cities,
component cities, or municipalities 18 years old:
for members of the Sangguniang Panlungsod,
Sangguniang Pambayan, Punong Barangay, or
members of the Sangguniang Pambarangay
Residence 10 years 2 years Resident of 1 year immediately preceding the election day
immediately preceding the the same

52
 preceding the election day district for a
election day period of
not least
than 1 year
immediately
preceding
the election
day

 Under the Constitution: The term of office of elective local officials, except barangay officials, which shall be
determined by law, shall be three years and no such official shall serve for more than three consecutive terms.
Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the
continuity of his service for the full term for which he was elected.(Sec. 8, Art. X, 1987 Constitution)
 A provincial board member‘s election to the same position for the third and fourth time, but now in
representation of the renamed district, is a violation of the three-term limit rule (Naval vs. Commission on
Elections, GR No. 207851, July 8, 2014)
 An involuntary interrupted term, as in the case of assumption of office only after winning an election protest,
cannot, in the context of the disqualification rule, be considered as one term for purposes of counting the
three-term threshold, since prior to winning, the candidate was not the rightful holder of the position (Abundo
vs. Commission on Elections, G.R. No. 201716, January 8, 2013)

DISQUALIFICATIONS:

(1) Under the Omnibus Election Code

1. Declared incompetent or insane by competent authority
2. Permanent resident of or an immigrant to a foreign country unless he has waived such statues
3. Sentenced by final judgment for:
i. Subversion, insurrection, rebellion;
ii. Any offense for which he has been sentenced to a penalty of more than 18 months
imprisonment; or
iii. A crime involving moral turpitude
4. Given money or other material consideration to influence, induce, or corrupt voters of public officials
performing electoral functions
5. Committed acts of terrorism to enhance his candidacy
6. Spent in his election campaign an amount in excess of that allowed
7. Solicited, received or made prohibited contributions
8. Engaged in election campaign or partisan political activity outside the campaign period and not pursuant
to a political party nomination
9. Removed, destroyed, defaced lawful election propaganda
10. Engaged in prohibited forms of election propaganda
11. Violated election rules and regulation of election propaganda through mass media
12. Coerced, intimidated, or influenced any of his subordinates, members, or employees to aid, campaign or
vote for or against any candidate or aspirant for the nomination or selection of candidates
13. Threatened, intimidated, caused, inflicted or produced any violence, injury, punishment, damage, loss or
disadvantage upon any person or of the immediate members of his family, his honor or property, or used
fraud to compel, induce or prevent the registration of any voter, or the participation in any campaign, or
the casting of any vote, or any promise of such registration, campaign, vote, or omission therefrom
14. Unlawful electioneering
15. Violated the prohibition against release, disbursement or expenditure of public funds 45 days before a
regular election or 30 days before a special election
16. Solicited votes or undertook propaganda on election day for or against any candidate or any political
party within the polling place or within a 30m radius.

(2) Under the Local Government Code

1. Sentenced by final judgment for an offense punishable by at least 1 year imprisonment within 2 years after
serving sentence
2. Removed from office as a result of an administrative case (Sec. 40 (b) of the Local Government Code
applies only to those removed from office on or after January 1, 1992. That the provision of the Code in
question does not qualify the date of a candidate‘s removal from office and that it is couched in the past tense
should not deter us from applying the law prospectively. A statute, despite the generality in its language, must

53
 not be so construed as to overreach acts, events or matters which transpired before its passage. (Grego vs.
COMELEC, G.R. No. 125955, June 19, 1997)
3. Convicted by final judgment for violating the oath of his allegiance to the Republic of the Philippines
4. Dual citizenship- Dual allegiance prohibition
5. Fugitives from justice in criminal and non-political cases here and abroad
6. Insane or feeble-minded.

2. Filing of certificates of candidacy

a. Effect of filing

 Appointive official: Any person holding an appointive office or position, including

active members of the Armed Forces of the Philippines, and officers and employees
in GOCCs, shall be considered ipso facto resigned from his office upon the filing of
his certificate of candidacy. Such resignation is irrevocable. (Sec. 66, Omnibus
Election Code); applied to GOCC without original charter
 Elective official: Any elective official, whether national or local, who has filed a
certificate of candidacy for the same or any other office, shall not be considered
resigned from his office (Sec. 26, Implementing Rules and Regulations of the Fair
Election Act)

b. Substitution and withdrawal of candidates

SUBSTITUTION

 If after the last day for the filing of certificates of candidacy, an official candidate of
a political party dies, withdraws or is disqualified for any cause:
a. He may be substituted by a candidate belonging to and nominated by the same
political party;
b. No substitute shall be allowed for any independent candidate (Recabo vs.
COMELEC, G.R. No. 134293, June 21, 1999)
c. The substitute must file his certificate of candidacy not later than mid-day of the
election day.
 If death, withdrawal or disqualification should happen between the day before the
election and mid-day of the election day, certificate may be filed with: a. Any Board
of Election inspectors in the political subdivision where he is a candidate or b. With
the Commission on Elections if it is a national position. (Sec. 77, BP. 881)
 Substitution of candidates should be allowed even for barangay elections, as it is not
prohibited by law.(Rulloda vs. Commission on Elections, G.R. No. 154198, January
20, 2003): NOT ALLOWED when ORIGINAL is cancelled, orig. candidate was DQ
for material misrepresentation (but if for election offense, MAY be substituted)

WITHDRAWAL

 A person who has filed a Certificate of Candidacy may, prior to the election,
withdraw the same by submitting to the COMELEC a written declaration under oath.
(Sec. 73, Omnibus Election Code)
 Withdrawing candidate is required to have duly filed a valid COC in order to allow
his political party to file a substitute candidate in his stead.(Da Silva Serafica vs.
COMELEC, G.R. No. 205136, December 2, 2014)
 Reviving the certificate of candidacy, must be made within the period provided by
law for the filing of certificates of candidacy.(Monsale vs Nico, G.R. No. L-2539,
May 28, 1949)

c. Nuisance candidates - make mockery of the election or to confuse the voters

 The Commission may motu proprio or upon a verified petition of an interested party,
refuse to give due course to or cancel a certificate of candidacy if it is shown that said

54
 certificate has been filed to put the election process in mockery or disrepute or to
cause confusion among the voters by the similarity of the names of the registered
candidates or by other circumstances or acts which clearly demonstrate that the
candidate has no bona fide intention to run for the office for which the certificate of
candidacy has been filed and thus prevent a faithful determination of the true will of
the electorate (Sec. 69, Omnibus Election Code).
 Nuisance Candidate: as one who, based on the attendant circumstances, has no bona
fide intention to run for the office for which the certificate of candidacy has been
filed, his sole purpose being the reduction of the votes of a strong candidate, upon the
expectation that ballots with only the surname of such candidate will be considered
stray and not counted for either of them.‖ (Martinez vs. House of Representatives
Electoral Tribunal, G.R. No. 189034, January 11, 2010)

d. Duties of the COMELEC

Petition to deny or cancel certificates of candidacy

A verified petition seeking to deny due course or to cancel a certificate of candidacy

may be filed by the person exclusively on the ground that any material representation
contained therein as required is false. The petition may be filed at any time not later
than 25 days from the time of the filing of the certificate of candidacy and shall be
decided, after due notice and hearing, not later than 15 days before the election. The
petition shall be filed by any registered candidate for the same Office within 5 days
from the last day of filing of certificates of Candidacy (Sec. 78, Omnibus Election
Code)

 As to the ground of false representation in the Certificate of Candidacy

(COC) under Section 78, that in order to justify the cancellation of COC, it
is essential that the false representation mentioned therein pertain to a
material matter for the sanction imposed by this provision would affect the
substantive rights of a candidate – the right to run for the electivepost for
which he filed the certificate of candidacy.

C. Campaign

Sec. 79(b) of the Omnibus Election Code provides that the term ―election campaign‖ or ―partisan
political activity‖ refers to an act designed to promote the election or defeat of a particular candidate or
candidates to a public office which shall include: a. Forming organizations, associations, clubs,
committees or other groups of persons for the purpose of soliciting votes and/or undertaking any
campaign for or against a candidate; b. Holding political caucuses, conferences, meetings, rallies,
parades, or other similar assemblies, for the purpose of soliciting votes and/or undertaking any
campaign or propaganda for or against a candidate; c. Making speeches, announcements or
commentaries, or holding interviews for or against the election of any candidate for public office; d.
Publishing or distributing campaign literature or materials designed to support or oppose the election of
any candidate; or e. Directly or indirectly soliciting votes‘ pledges or support for or against a candidate.

1. Premature campaigning
It shall be unlawful for any person, whether or not a voter or candidate, or for any party, or
association of persons, to engage in an election campaign or partisan political activity except
during the campaign period. (Sec. 80, Omnibus Election Code)

Unless otherwise fixed by the Commission in special cases, the election period shall commence
ninety (90) days before the day of election and shall end thirty (30) days thereafter (Sec. 9, Art.
IXC, 1987 Constitution)

55
 The campaign periods are hereby fixed as follows:
a. For President, Vice-President and Senators, ninety (90) days before the day of the election
b. For Members of the House of Representatives and elective provincial, city and municipal
officials, forty-five (45) days before the day of the election.(Sec. 5, RA No. 7166) The
election period is distinguished from the campaign period in that the latter cannot extend
beyond Election Day and in fact, under the present law, ends two (2) days before the election
(Cruz, Political Law, 2002).

2. Prohibited contributions

No contribution for purposes of partisan political activity shall be made directly or indirectly by any of
the following:

1. Public or private financial institutions: Provided, however, that nothing herein shall prevent
the making of any loan to a candidate or political party by any such public or private financial
institutions legally in the business of lending money, and what the loan is made in accordance
with laws and regulations and in the ordinary course of business;
2. Natural and juridical persons operating a public utility or in possession of or exploiting any
natural resources of the nation;
3. Natural and juridical persons who hold contracts or sub-contracts to supply the government
or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform
construction or other works;
4. Natural and juridical persons who have been granted franchises, incentives, exemptions,
allocations or similar privileges or concessions by the government or any of its divisions,
subdivisions or instrumentalities, including government owned or controlled corporations;
5. Natural and juridical persons who, within one year prior to the date of the election, have
been granted loans or other accommodations in excess of P100,000 by the government or any
of its divisions, subdivisions or instrumentalities including government-owned or controlled
corporations;
6. Educational institutions which have received grants of public funds amounting to no less
than P100,000.00;
7. Officials or employees in the Civil Service, or members of the Armed Forces of the
Philippines; and
8. Foreigners and foreign corporations. (Sec. 95, Omnibus Election Code)

 PROHIBITED raising campaign funds or for the support of any candidate from the start of the
election period up to and including Election Day: (Sec. 97, Omnibus Election Code). a.
Dances b. Lotteries c. Cockfights d. Games e. Boxing bouts f. Bingo g. Beauty contests h.
Entertainments, or cinematographic, theatrical or other performances.

3. Lawful and prohibited election propaganda

 LAWFUL (Sec. 82, B.P. 881; (Sec. 3, R.A. No. 9006)

a. Pamphlets, leaflets, card, decals, stickers and written or printed materials not more than 8
1/2 inches by 14 inches
b. Handwritten/printed letters
c. Cloth, paper or cardboard, posters measuring, not more than 2 feet by 3 feet 3 by 8 ft.
allowed in announcing at the site on the occasion of a public meeting or rally, may be
displayed 5 days before the date of rally but shall be removed within 24 hours after said rally.
d. Paid print advertisements: ¼ pages in broadsheets and ½ pages in tabloids thrice a week per
newspaper, magazine or other publication during the campaign period.
e. Broadcast Media national Positions: 120 Minutes for TV, 180 minutes for radio Local
Positions: 60 minutes for TV, 90 minutes for radio
f. Other forms of election propaganda not prohibited by the Omnibus Election Code and R.A.
9006, and authorized by the COMELEC.

 PROHIBITED

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 a. Public exhibition of a movie, cinematograph or documentary portraying the life or
biography of a candidate during campaign period.
b. Public exhibition of a movie, cinematograph or documentary portrayedby an actor or media
personality who is himself a candidate;
c. Use of airtime for campaign of a media practitioner who is an official of a party or a
member of the campaign staff of a candidate or political party.

4. Limitations on expenses

 The phrase ―those incurred or caused to be incurred by the candidate‖ is sufficiently adequate
to cover those expenses which are contributed or donated in the candidate‘s behalf. By virtue
of the legal requirement that a contribution or donation should bear the written conformity of
the candidate, a contributor/supporter/donor certainly qualifies as ―any person authorized by
such candidate or treasurer.‖ (Ejercito vs. Commission on Elections, G.R. No. 212398,
November 25, 2014)
 AMOUNTS;
a. President and Vice President – P10 per vote
b. Other candidates – P3 per voter in his constituency
c. Candidate without political party – P5 per voter
d. Party/organization and coalition participating in the party – list system – P5 per voter

5. Statement of contributions and expenses

 Under Sec. 14 of R.A. 7166, ―Every candidate and treasurer of the political party shall within
thirty (30) days after the day of the election, file in duplicate with the offices of the
Commission the full, true and itemized statement of all contributions and expenditures in
connection with the election.‖
 Failure to File: Effects: (1) CANNOT enter upon the duties of his office until he has filed the
statement of contributions and expenditures herein required; (2) same prohibition shall apply
if the political party which nominated the winning candidate; (3) Failure to file the statements
or reports in connection with electoral contributions and expenditures are required herein shall
CONSTITUTE AN ADMINISTRATIVE OFFENSE for which the offenders shall be liable to
pay an administrative fine ranging from One thousand pesos (P1,000.00) to Thirty thousand
pesos (P30,000.00), in the discretion of the Commission EXCEPT candidates for elective
barangay office (Sec. 14, RA 7166)
 Applies to Withdrawn Candidates

D. Remedies and jurisdiction

1. Petition not to give due course or cancel a certificate of candidacy

 Grounds for Cancellation of Certificate of Candidacy

a. False material representation in the certificate of candidacy;
b. If the certificate filed is a substitute Certificate of Candidacy,when it is not a proper case of
substitution under Sec. 77 of B.P. 881.

Who may file: Any citizen of voting age, or a duly registered political party, organization, or
coalition of political parties.
When filed: Within 5 days from the last day for the filing of certificates of candidacy
Where filed: With the Law Department of the Commission on Elections. (COMELEC Rules
of Procedure - Part V - Rule 23 Sec. 1)

2. Petition for disqualification

 Grounds: Sec. 68 of B.P. 881. All other election offenses are beyond the ambit of the
COMELEC jurisdiction (Codilla vs. De Venecia, G.R. No. 150605, December 10, 2002)

Who may file: Any citizen of voting age, or any duly registered political party, organization
or coalition of political parties.

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 When filed: Any day after the last day for filing of certificates of candidacy, but not later than
the date of proclamation.
Where filed: Law Department of the Commission on Elections (COMELEC Rules of
Procedure - Part V - Rule 25 Sec. 2)

 EFFECT: shall not be voted for, and the votes cast for him shall not be counted. IF declared to
be disqualified or not eligible for the office to which he was elected, does not necessarily
entitle the candidate who obtained the second highest number of votes to be declared the
winner of the elective office.

3. Failure of election versus Annulment of Election Results

 FAILURE OF ELECTION
WHEN to File a Petition to Declare Failure of Elections (Sec. 6, BP. 881)
a. The election is any polling place has not been held on the date fixed on account of
force majeure, violence, terrorism, fraud, or other analogous causes.
b. The election in any polling place had been suspended before the hour fixed by law
for the closing of the voting on account of force majeure, violence, terrorism fraud,
or other analogous causes;
c. After the voting and during the preparation and the transmission of the election
returns or in the custody or canvass thereof, such election results in failure to elect on
account of force majeure, violence, terrorism, fraud, or other analogous causes.

The postponement, declaration of failure of election and the calling of special elections shall
be decided by the Commission onElections sitting en banc by a majority vote of its members.
The causes for the declaration of a failure of election may occur before or after the casting of
votes or on the day of the election.(Sec. 4, R.A. No. 7166). If VACANCY results, Special
election shall be held.

 ANNULMENT OF RESULTS

4. Pre-proclamation controversy

 Any question pertaining to or affecting the proceedings of the board if canvassers which may
be raised by any candidate or by any registered political party or coalition of political parties
before the board or directly with the Commission, or any matter raised under Section 233,
234, 235 and 236 in relation to the preparation, transmission, receipt, custody and appreciation
of the election returns.(Sec. 241, Omnibus Election Code)
 Proceedings of the board of canvassers which may be raised by any candidate or by any
registered political party or coalition of political parties, or by any accredited and participating
party list group, before the board or directly with the Commission.(Sec. 1, Rule 3, COMELEC
Resolution No. 8804)
 ISSUES: (restrictive and exclusive)
a. Illegal composition or proceedings of the Board of Election Canvassers;
b. Canvassed election returns are either:
c. Incomplete d. Contain material defects
e. Appear to be tampered with or falsified
f. Contain discrepancies in the same returns or in other authentic copies
g. The election returns were:
1) Prepared under duress, threats, coercion, intimidation, or
2) Obviously manufactured or not authentic.
3) Substituted or fraudulent returns in controverted polling places were canvassed,
the results of which materially affected the standing of the aggrieved candidate(s)
h. Manifest errors in the Certificates of Canvass or Election Returns (Sec. 15, R.A. No. 7166;
Chavez vs. Commission on Elections, G.R. No. 162777, August 31, 2004)

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  Pre-proclamation cases on matters relating to the preparation, transmission, receipt, custody
and appreciation of the election returns or the certificates of canvass NOT allowed in elections
of President, Vice-President, Senator, or Member of the House of Representatives. PP cases
deemed terminated at the beginning of the term of the officer involved and the rulings of the
boards of canvassers concerned deemed affirmed. This is without prejudice to the filing of a
regular election protest by the aggrieved party

5. Election protest

 a contest between the defeated and winning candidates on the ground of frauds or
irregularities in the casting and counting of the ballots, or in the preparation of the returns. It
raises the question of who actually obtained the plurality of the legal votes and therefore is
entitled to hold the office. (Samad vs. Commission on Elections, GR No. 107854, July 16,
1993)
 Purpose is to ascertain whether the candidate proclaimed by the board of canvassers is the
lawful choice of the people. What is sought is the correction of the canvass of votes, which
was the basis of proclamation of the winning candidate. Election contests, therefore, involve
the adjudication not only of private and pecuniary interests of rival candidates, but also of
paramount public interest.
 WHO may file: any candidate who has filed a certificate of candidacy and has been voted
upon for the same office. (Sec. 250, Art. XXI, B.P. 881).
 WHEN Within 10 days from the proclamation of the results
 GROUNDS: a. Fraud b. Terrorism c. Irregularities d. Illegal acts committed before, during, or
after the casting and counting of votes
 The Doctrine of Statistical Improbability is applied only where the unique uniformity of
tally of all the votes cast in favor of all the candidates belonging to one party and the
systematic blanking of all the candidates of all the opposing parties appear in the election
return. The doctrine has no application where there is neither uniformity of tallies nor
systematic blanking of the candidates of one party

6. Quo Warranto

 For an elective office: Quo warrant refers to an election contest relating to the qualifications of
an elective official on the ground of (1) ineligibility or (2) disloyalty to the Republic of the
Philippines. The issue is whether respondent possesses all the qualifications and none of the
disqualifications prescribed by law.(A.M. No. 07-4-15-SC, May 15, 2007)
Jurisdiction for the ff:
(1) Congressman-elect, Senator-elect, Presidentelect and VP-elect are brought before the
appropriate electoral tribunals created by the Constitution.
(2) regional, provincial or city officials are brought before the COMELEC.
(3) Quo warranto proceedings against municipal officials and barangay officials are before
MTC

XII. LOCAL GOVERNMENTS

A. Principles of local autonomy

 LOCAL AUTONOMY – a more responsive and accountable local government structure instituted
through a system of decentralization.
 POLICY: territorial and political subdivisions of the State shall enjoy genuine and meaningful local
autonomy to enable them to attain their fullest development as self-reliant communities and make them
more effective partners in the attainment of national goals.
 simply means ―decentralization‖; it does not make the local governments sovereign within the state or
an ―imperium in imperio.‖
 Autonomy is either Decentralization of Administration or Decentralization of Power. The second is the
abdication by the national government of political power in favor of the local government; the first

59
 consist merely in the delegation of administrative powers to broaden the base of government power.
Against the first, there can be no valid constitutional challenge.
 Decentralization of Administration - exists when the central government delegates administrative
powers to political subdivisions in order to broaden the base of government power. (management)
 Decentralization of Power- nvolves abdication of political power in favor of LGUs declared
autonomous. In this process, the autonomous government is free to chart its own destiny and shape its
future with minimum intervention from central authorities but to its constituency. ; DEVOLUTION –
the act by which the National Government confers power and authority upon the various local
government units to perform specific functions and responsibilities.

B. Autonomous regions and their relation to the national government

AUTONOMOUS REGION- it consists of provinces, cities, municipalities and geographical areas sharing
common and distinctive historical and cultural heritage, economic and social structures, and other relevant
characteristics within the frameworks of the Constitution and the national sovereignty as well as the territorial
integrity. (Sec. 15, Art. X, 1987 Constitution) ARMM, CAR

 Contemplates grant of political autonomy and not just administrative autonomy these regions.
The Congress shall enact an organic act for each autonomous region with the assistance and
participation of the regional consultative commission composed of representatives appointed
by the President from a list of nominees from multi-sectoral bodies. It shall define the basic
structure of government for the region consisting of the executive department and legislative
assembly, both of which shall be elective and representative of the constituent political units,
and shall provide for special courts with personal, family, and property law jurisdiction
consistent with the provisions of this Constitution and national laws.(Sec. 18, Art. X, 1987
Constitution)
 In relation to the central government, it provides that the President shall have the power of
general supervision and control over the Autonomous Regions. (Limbona vs. Mangelin. G.R.
No. 80391, February 28, 1989). President shall exercise general supervision over autonomous
regions to ensure that laws are faithfully executed.
 Administrative regions are not territorial and political subdivisions like provinces, cities,
municipalities and barangays [see Art. X, sec. 1 of the Constitution]. While the power to
merge administrative regions is not expressly provided for in the Constitution, it is a power
which has traditionally been lodged with the President to facilitate the exercise of the power of
general supervision over local governments

C. Local government units

1. Powers

a. Police power (general welfare clause) - authorizes the municipality to enact ordinance as
may be proper and necessary for the health and safety, prosperity, morals, peace, good order,
comfort and convenience of the municipality and its inhabitant, and or the protection of their
property.(Rural Bank of Makati, Inc vs. Municipality of Makati G.R. No. 150763; July 2,
2004); Sec. 16, LGC General Welfare; extends to all great public needs, and includes all
legislation and functions of the municipal government.

 Covers: Powers which are Express; Implied; Necessary, appropriate, or incidental

for its efficient and effective governance; and Essential to the promotion of the
general welfare; Ensure and support the promotion and/or preservation of the ff:
a. Culture; b. Health and safety; c. Balanced ecology; d. Scientific and
technological capabilities; e. Public morals; f. Economic prosperity and social
justice; g. Employment among its residents; h. Peace and order; and i. Comfort
and convenience of their inhabitants.
 Instances: police power under the general welfare clause, order the closure of a bank
for failure to secure the appropriate mayor‘s permit and business licenses. (Rural
Bank of Makati, Inc vs. Municipality of Makati G.R. No. 150763; July 2, 2004),

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 b. Eminent domain- The power of the State to take private property for public use, purpose
or welfare upon payment of just compensation. (Sec. 19, Local Government Code) Local
government units have no inherent power of eminent domain and can exercise it only when
expressly authorized by the legislature.

 The foundation of the right to exercise eminent domain is genuine necessity and that
necessity must be of public character. The government may not capriciously or
arbitrarily choose which private property should be expropriated.
 ED is necessarily in derogation of private rights, hence the authority to exercise such
must be strictly construed. (Heirs of Suguitan vs. City of Mandaluyong, G.R. No.
135087, March 14, 2000
 Valid taking precedes payment: The value of the property is merely incidental to the
expropriation suit, as it is only after the court is satisfied with the propriety of
expropriation that said amount is determined. (Barangay San Roque vs. Heirs of
Pastor, G.R. No. 138896. June 20, 2000)
 Requisites (as Limitations): 1) valid ordinance authorizing LCE to expropriate, 2)
public use, purpose or welfare, or for the benefit of the poor and the landless 3)
payment of just compensation, as required under Section 9, Article III of the
Constitution, and other pertinent laws 4) A valid and definite offer has been
previously made to the owner of the property sought to be expropriated, but said
offer was not accepted.

c. Taxing power – refers to the LGU’s power to create new sources of funds and to levy
taxes, fees, and charges subject to limitations as Congress may provide, consistent with
thebasic policy of local autonomy. Such taxes, fees, and charges accrue exclusively to the
local governments. (Sec. 5, Art. X, 1987 Constitution).

d. Closure and opening of roads- A local government unit may, pursuant to an ordinance,
permanently or temporarily close or open any local road, alley, park or square falling within
its jurisdiction. (Sec. 21, R.A. No 7160)

 LGUs may temporarily and permanently close their local roads, but the regulation
and closure of local roads for the above purposes are limited to cities, municipalities
and barangays
 Permanent Closure a. The ordinance must be approved by at least 2/3 of all the
members of the sanggunian (LGC, Sec. 21, pars. a & b). b. Adequate provision for
public safety must be made c. The property may be properly used or conveyed for
any purpose for which other real property may be lawfully used or conveyed;
provided, no freedom park be permanently closed without provisions or transfer to a
new site. Freedom parks are sacred grounds.
 Temporary Closure:
a. Any national or local road, alley, park, or square may be temporarily closed
during an actual emergency, or fiesta celebrations, public rallies, agricultural or
industrial fairs, or an undertaking of public works and highways,
telecommunications and waterworks projects, the duration of which shall be
specified by the local chief executive concerned in a written order; Provided,
however, That no national or local road, alley, park, or square shall set
temporarily closed for athletic, cultural,or civic activities not officially
sponsored, recognized, or approved by the local government unit concerned
b. Any city, municipality, or barangay may, by a duly enacted local ordinance
temporarily close and regulate the use of any local street, road, thoroughfare, or
any other public place where shopping malls, Sunday, flea or night markets, or
shopping areas may be established and where goods, merchandise, foodstuffs,

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 commodities, or articles of commerce may be sold and dispensed to the general
public.

e. Legislative power - Local legislative power shall be exercised by the sanggunian

panlalawigan for the province; the sanggunian panlungsod for the city; the sanggunian bayan
for the municipality; and the sanggunian barangay for the barangay (Sec. 48, Local
Government Code).

 General Legislative Power – authorizes the municipal council to enact ordinances

and make regulations not repugnant to law, as may be necessary to carry into effect
and discharge the powers and duties conferred upon the municipal council by law.

i. Requisites for valid ordinance

a. Must not contravene the Constitution and any statute;

b. Must not be unfair or oppressive;
c. Must not be partial or discriminatory;
d. Must not prohibit, but may regulate trade;
e. Be general in application and consistent with public policy; and
f. Must not be unreasonable. (Magtajas vs. Pryce Properties, G.R. No.
111097, July 20, 1994)

o Metro Manila Development Authority is not an LGU or a public corporation

endowed with legislative power, and, unlike, its predecessor, the Metro
Manila Commission, it has no power to enact ordinances for the welfare of
the community. (Metro Manila Development Authority vs. Garin, G.R. No.
130230, April 15, 2005)

ii. Local Initiative and referendum

LOCAL INITIATIVE- legal processes whereby registered voters of a local

government unit may directly propose, enact or amend any ordinance. (Sec. 120 and
121, Local Government Code).This may be exercised by all registered voters of
provinces, cities, municipalities and barangays.

o Limitations on Local Initiatives a. The power of local initiative shall not be

exercised more than once a year; b. Initiative shall extend only to subjects or
matters which are within the legal powers of the sanggunian to enact; and c.
If at any time before the initiative is held, the sanggunian concerned adopts
in toto the proposition presented and the local chief executive approves the
same, the initiative shall be cancelled. However, those against such action
may, if they so desire, apply for initiative in the manner herein provided.
(Sec. 124, Local Government Code)
o Limitations upon Sanggunians: Any proposition or ordinance approved
through the system of initiative and referendum shall not be repealed,
modified, or amended by thesanggunian concerned within six (6) months
from the date of the approval thereof and may be amended, modified, or
repealed by the sanggunian within three (3) years thereafter by a vote of
three-fourths (3/4) of all its members. Provided that in case of barangays,
the period shall be eighteen months.

LOCAL REFERENDUM – legal process whereby registered voters of an LGU may

approve, amend or reject any ordinance enacted by the sanggunian. It shall be held
under the control and direction of the Comelec within 60 days in case of provinces,
45 days in case of municipalities, and 30 days in case of barangays. (Sec. 126, Local
Government Code.

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 f. Corporate powers - Local Government Units shall enjoy full autonomy in the exercise of
their proprietary functions and in the management of their economic enterprise, subject to
limitations provided in the Code and other applicable laws. (Sec. 22, Local Government Code)

 To sue and be sued- with consent, consent is implied when the government enters
into business contracts, as it hereby descends into the level of the other contracting
party
 To acquire and convey real and personal property- Procurement of supplies is made
through competitive public bidding, except when the amount is minimal, where a
personal canvass of at least three responsible merchants in the locality may be made
by the Committee on Awards, or in case of emergency purchases allowed under P.D.
No. 526 (Limitation)
 To enter into contracts-
Requisites: a. The local government unit has the express, implied or inherent power
to enter into a particular contract; b. Entered into by the proper department, board,
committee or agent; c. Must comply with certain substantive requirements, such as
when expenditure of public funds is to be made, there must be an actual
appropriation and a certificate of availability of funds; d. Must comply with formal
requirements, e.g. Statute of Frauds; and e. In case entered into by local chief
executive on behalf of LGU, prior authorization by the sanggunian concerned is
needed. (Sec. 22. Local Government Code; LandBank vs. Cacayuran, G.R. No.
191667, April 17, 2013)
-Contracts without compliance of a and b shall be ultra vires, and cannot be ratified
or validated.
 To have and use a corporate seal
-Local government units may continue using, modify or change their existing
corporate seals; Provided, that the newly established LGUs or those without
corporate seal may create their own corporate seals which shall be registered with the
DILG: Provided, further, that any change of corporate seal shall also be registered as
provided herein. (Sec. 22[b], Local Government Code)

g. Ultra vires acts - means that the ordinances or parts thereof are beyond the power of the
sanggunian to enact. (Pimentel, Local Government Code Revisited, 2011 edition)

2. Liability of local government units- Local government units and their officials are not exempt from
liability for death or injury to person; or damage to property. (Sec. 24, Local Government Code)

INSTANCES: a. The State is responsible when it acts through a special agent. (Art. 2180,
Civil Code) b. The local government unit is subsidiarily liable for damages suffered by a
person by reason of the police force to render aid and protection incase of danger to life and
property. (Art. 34, Civil Code)

 TORTS; unit is engaged in governmental functions, it is not liable. If proprietary

functions, liable.
 CONTRACTS; A municipal corporation is liable on contracts it enters into provided
the contract is intra vires (City of Manila vs. Intermediate Appellate Court, G.R. No.
71159, November 15, 1989) and If it is ultra vires, the municipal corporation is not
liable.
* A municipal corporation is liable on contracts it enters into provided the contract is
intra vires (City of Manila vs. Intermediate Appellate Court, G.R. No. 71159,
November 15, 1989)  If it is ultra vires, the municipal corporation is not liable.
 VIOLATION OF LAW; Applies in Employment contracts. Lack of funds of a
municipality does not excuse it from paying the statutory minimum wages to its
employees, which, after all, is a mandatory statutory obligation of the municipality.
To uphold such defense of lack of available funds would render the Minimum Wage
Law futile and defeat its purpose.

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 3. Settlement of boundary disputes - Boundary disputes between and among local government units
shall, as much as possible, be settled amicably.(Sec. 118, Local Government Code).

 Two (2) or more barangays in the same city or municipality  Sangguniang

Panlungsod or Sangguniang Bayan
 Two (2) or more municipalities within the same province Sangguniang
Panlalawigan
 Municipalities or component cities of different provinces  Jointly referred for
settlement to the Sanggunians of the province concerned
 Component city or municipality on the one hand and a highly urbanized city on the
other, or two (2) or more highly urbanized cities  Jointly referred for settlement to
the respective Sanggunians of the parties

4. Vacancies and succession

 Permanent vacancy arises when an elective local official fills a higher vacant office, refuses
to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is
otherwise permanently incapacitated to discharge the functions of his office. (Sec. 44, Local
Government Code) For purposes of succession, ranking in the sanggunian shall be determined
on the basis of the proportion of votes obtained by each winning candidate to the total number
of registered voters in each district in the immediately preceding local elections. (Sec. 44,
Local Government Code)
1. Governor or Mayor: The vice governor or vice mayor concerned shall be become
the governor or mayor.
2. Vice Governor or Vice Mayor: The highest ranking sanggunian member or, in case
of his permanent inability, the second highest ranking sangguniang member, and
subsequent vacancies shall be filed automatically by the other sanggunian members
according to their ranking. Ranking in the Sanggunian shall be determined on the
basis of the proportion of votes obtained by each winning candidate to the total
number of registered voters in each district in the immediately preceding election.
3. Punong Barangay: The highest ranking sangguniang barangay member, or in case
of his permanent inability, the second highest ranking sanggunian barangay member.
(NOTE: the tie between or among the highest ranking sanggunian members shall be resolved
by drawing of lots)
 Permanent Vacancy in the Sanggunian where automatic succession provided above does
not apply, shall be filled by appointment in the following manner:
1. The President, through the Executive Secretary in the case of sangguniang
panlalawigan or sangguniang panglungsod of highly urbanized cities and
independent component cities;
2. The Governor in the case of the sangguniangpanglunsod of component cities and
sangguniang bayan; and
3. The city or municipal mayor in case of sangguniang barangay upon
recommendation of the sangguniang barangay concerned. (Sec. 45, Local
Government Code)

 Temporary Vacancies
a. When the governor, city or municipal mayor, or punong barangay is temporarily
incapacitated to perform his duties for physical or legal reasons such as but not limited to
leave of absence, travel abroad and suspension from office,- the vice governor, city or
municipal vice mayor, or the highest ranking sangguniang barangay member shall
automatically exercise the powers and perform the duties and functions of the local chief
executive concerned, except the power to appoint,suspend, or dismiss employees which
can be exercised only if the period of temporary incapacity exceeds thirty (30) working
days.
NOTE: Said temporary incapacity shall terminate upon submission to the appropriate
sanggunian of a written declaration that he has reported back to office. In case the
temporary incapacity is due to legal causes, the local chief executive concerned shall also

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 submit necessary documents showing that the legal causes no longer exist. (Sec. 46, Local
Government Code)

b. When the local chief executive is travelling within the country but outside his territorial
jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing
the officer-in-charge of the said office. Such authorization shall specify the powers and
functions that the local official shall exercise in the absence of the local chief executive,
except the power to appoint, suspend or dismiss employees.

NOTE: If the local chief executive fails or refuses to issue such authorization, the vice
governor, city or municipal vice mayor, or the highest ranking sangguniang barangay member,
as the case may be, shall have the right to assume the powers, duties and functions of the said
office on the fourth day of absence of the local chief executive, except the power to appoint,
suspend or dismiss employees. (Sec. 46, Local Government Code)

5. Recall - The power recall for loss of confidence shall be exercised by the registered voters of a local
government unit to which the local elective official subject to such recall belongs (Sec. 69, Local
Government Code)

 LOSS OF CONFIDENCE – the formal withdrawal by an electorate of their trust in a person‘s

ability to discharge his office previously bestowed on him by the same electorate. (Evardone
vs. COMELEC, G.R. No. 94010, December 2, 1991
 The Recall of any elective provincial, city, municipal or barangay official shall be commenced
by a petition of a registered voter in the local government unit concerned and supported by the
registered voters in the local government unit concerned during the election in which the local
official sought to be recalled was elected subject to the following percentage requirements: a.
At least twenty-five percent (25%) in the case of local government units with a voting
population of not more than twenty thousand (20,000); b. At least twenty percent (20%) in the
case of local government units with a voting population of at least twenty thousand (20,000)
but not more than seventy-five thousand (75,000); Provided, c. That in no case shall the
required petitioners be less than five thousand (5,000); d. At least fifteen percent (15%) in the
case of local government units with a voting population of at least seventy-five thousand
(75,000) but not more than three hundred thousand (300,000); Provided, however, that in no
case shall the required number of petitioners be less than fifteen thousand (15,000); and e. At
least ten percent (10%) in the case of local government units with a voting population of over
three hundred thousand (300,000): Provided, however, that in no case shall the required
petitioners be less than forty-five thousand (45,000). (Sec. 70, Local Government Code)
 COMELEC my then set the date for Recall elections which shall not be later than thirty (30)
days upon the completion of the procedure, in the case of the barangay, city or municipal
officials, and fortyfive (45) days in the case of provincial officials. The officials sought to be
recalled shall automatically be considered as duly registered candidate or candidates to the
pertinent positions and, like other candidates, shall be entitled to be voted upon. (Sec. 71,
Local Government Code, as amended by R.A. No. 9244)
 Limitations on Recall a. Any elective local official may be the subject of a recall election only
once during his term of office for loss of confidence. b. No recall shall take place within one
(1) year from the date of the official’s assumption to office or one (1) year immediately
preceding a regular local election. (Sec. 74, Local Government Code)

NOTE: The winner of recall election shall serve only the unexpired term. This term shall not
be counted for the purposes of the 3-term limit.

6. Term limits

 Term of Office of Local Elective Officials (except Barangay Officials): 3 years, but not more
than 3 consecutive terms.  Voluntary renunciation of the office for any length of time shall

65
 not be considered as an interruptionin the continuity of his service for the full term for which
he was elected. (Sec. 8, Art. X, 1987 Constitution
 Term of office of barangay officials: 5 years No baranggay official shall serve for more than 3
successive terms (Sec. 1, R.A. No. 6679)
 Three-Term Limit Rule: No local elective official shall serve for more than three (3)
consecutive terms in the same position. Voluntary renunciation of the office for any length of
time shall not be considered as an interruption in the continuity of service for the full term for
which the elective official concerned was elected‖ (Lonzanida vs. COMELEC, G.R. No.
135150, July 28, 1999; Sec. 43[b], Local Government Code)

D. Local Taxation

1. Fundamental Principles of local and real property taxation

 Fundamental Principles in Taxing and Revenue-Raising Powers of Local Government Units:

a. Uniform in each local government unit;
b. Taxes, fees, charges and other impositions shall be:
i. Equitable;
ii. Based on taxpayer‘s ability to pay;
iii. Levied and collected only for public purposes v. Not unjust, excessive, oppressive or
confiscatory; and
c. Not contrary to policy, national economic policy or in restraint of trade. d. Collection of local
taxes, fees, etc., shall in no case be left to any private persons.
e. Revenue collected shall inure solely to benefit of and be subject to dispositionby local
government unit, unless specifically provided in the Local Government Code.
f. Each local government unit shall evolve a progressive system of taxation
g. Shall not be contrary to law, public policy, national economic policy, or in restraint of trade
(Sec. 130, Local Government Code

2. Common Limitations on taxing power of the LGU

 LIMITATION: Sec. 234 of the LGC, it is specifically stated that only real properties
owned ―by the Republic of the Philippines or any of its political subdivisions‖ are
exempted from the payment of realty taxes. Clearly, instrumentalities or GOCC‘s do
not fall within the exceptions under Sec. 234. The said LGC provisions has
effectively revoked the tax exemption granted to GSIS under Sec. 33 of P.D. 1146.‖
(The City of Davao vs. Regional Trial Court, Branch XII, Davao City, et al., GR No.
127383, August 18, 2005)

 municipalities and barangays shall NOT extend the levy to the following:
a. Income tax, except when levied on banks and other financial institutions
b. Documentary Stamps;
c. Taxes on estates, inheritance, gifts, legacies and other acquisitions mortis causa; d.
Customs duties, registration fees of vessel and wharfage on wharves, tonnage dues,
and all other kinds of customs fees, charges and dues except wharfage on wharves
constructed and maintained by the local government unit concerned
e. Taxes, fees, and charges and other impositions upon goods carried into or out of,
or passing through, the territorial jurisdictions of local government units in the guise
of charges for wharfage, tolls for bridges or otherwise, or other taxes, fees, or charges
in any form whatsoever upon such goods or merchandise;
f. Taxes, fees or charges on agricultural and aquatic products when sold by marginal
farmers or fishermen;
g. Taxes on business enterprises certified to by the Board of Investments as pioneer
or nonpioneer for a period of six (6) and four (4) years, respectively from the date of
registration;
h. Excise Taxes;

66
 i. Percentage or Value added Tax;
j. Taxes on the gross receipts of transportation contractors and persons engaged in the
transportation of passengers or freight by hire and common carriers by air, land or
water, except as provided in this Code; k. Taxes on the premiums paid by way or
reinsurance or retrocession;
l. Taxes, fees or charges for the registration of motor vehicles and for the issuance of
all kinds of licenses or permits for the driving thereof, except tricycles;
m. Taxes, fees, or other charges on Philippine products actually exported, except as
otherwise provided herein;
n. Taxes, fees, or charges, on Countryside and Barangay Business Enterprises and
cooperatives duly registered under R.A. No. 6810 and the Cooperative Code,
respectively; o. Taxes, fees or charges of any kind on the National Government, its
agencies and instrumentalities, and local government units. (Sec. 133, Local
Government Code)

3. Requirements for a valid tax ordinance

a. The taxes, fees, or charges shall not be unjust, excessive, oppressive, confiscatory or
contrary to declared national policy.(Sec. 186, R.A. 7160)

b. The ordinance shall not be enacted without any prior public hearing conducted for the
purpose.(Id.)

c. Within 10 days after their approval, certified true copies of all provincial, city and
municipal tax ordinances or revenue measures shall be published in full for 3 consecutive days
in a newspaper of local circulation. However, in provinces cities, or municipalities where
there are no newspapers of local circulation, the same may be posted in at least 2 conspicuous
and publicly accessible places.(Sec. 188, R.A. 7160)

d. Copies of all provincial, city and municipal and barangay tax ordinances and revenue
measures shall be furnished the respective local treasurers for public dissemination.(Sec. 189,
R.A. 7160

4. Procedure for approval and effectivity of tax ordinances

5. Exemptions from real property taxes

 Exemption of the National Government from Taxation Provides the limitation on the
power of the LGU to levy taxes, fees, or charges on the national government, its
agencies and instrumentalities, unless otherwise provided. (Sec. 133, Local
Government Code)
 Grants to LGUs the power to impose real property tax on properties of the Republic
of the Philippines and its political subdivisions when its beneficial use is granted to a
taxable person. (Sec. 234, Local Government Code)

XIII. NATIONAL ECONOMY AND PATRIMONY

A. Regalian doctrine

B. Exploration, development and utilization of natural resources

C. Franchises, Authority and Certificates for Public Utilities

D. Acquisition, Ownership and Transfer of Public and Private Lands

E. Practice of Professions

F. Organization and Regulation of Corporations, Private and Public

G. Monopolies, Restraint of Trade and Unfair Competition

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XIV. SOCIAL JUSTICE AND HUMAN RIGHTS

A. Concept of social justice

B. Economic, social, and cultural rights

C. Commission on Human Rights

XV. AMENDMENTS OR REVISIONS OF THE CONSTITUTION

A. Procedure to amend or revise the Constitution

AMENDMENT- An addition or change within the lines of the original constitution that will affect
an improvement, or better carry out the purpose for which it was framed; a change that adds,
reduces or deletes without altering the basic principles involved; affects only the specific provision
being amended.

REVISION- A change that alters a basic principle in the constitution, like altering the principle of
separation of powers or the system of checksand-balances; alters the substantial entirety of the
constitution, as when the change affects substantial provisions of the constitution. (Lambino vs.
Commission on Elections, G.R. No. 174153, October 25, 2006

CONSTITUENT POWER – power to formulate a Constitution or to propose amendments to or

revision of the Constitution and to ratify such proposal.

Steps in Amendatory Process

PROPOSAL (Secs. 1-3, Art.XVII, 1987 Constitution) – The adoption of the suggested change in
the Constitution. A proposed amendment may come from:
a. Congress, acting as a Constituent Assembly, by a vote of ¾ of ALL its members.
*Although Section 1, Article XVII of the Constitution did not expressly provide that the
Senate and the House of Representatives must vote separately, when the Legislature consists
of two (2) houses, the determination of one house is to be submitted to the separate
determination of the other house. (Miller vs. Mardo, G.R. No. L15138, July 31, 1961)
In other words, what is needed in a Constituent Assembly is a ¾ vote of ALL members of the
House of Representatives and ALL members of the Senate, voting separately. General Rule: A
constituent assembly may propose any change in the constitution. Exception: A constituent
assembly may not propose anything that is inconsistent with what is known, particularly in
international law, as jus cogens. (Planas vs. Commission on Elections, G.R. No. L-35925,
January 22, 1973)

b. Constitutional Convention, called into existence by :

(a) 2/3 of all members of the Congress, or
(b) the electorate, in a referendum called for by a majority of all members of Congress. (Sec.
1, Art. XVII, 1987 Constitution
*The Constitutional Convention is independent and co-equal to other departments. (Mabanag
vs. Lopez Vito, G.R. No. L-1123, March 5, 1947)

c. People (through People’s Initiative) – A petition of at least 12% of the total number of
registered voters, of which every legislative district must be represented by at least 3% of the
registered voters therein.
 Limitation on Initiative: No amendment shall be authorized within 5 years following
the ratification of the 1987 Constitution nor more often than once every 5 years
thereafter.
 Constitutional provision on amendments via People‘s Initiative not self-executory.
(Santiago vs Commission on Elections, G.R. No. 127325, March 19, 1997

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 RATIFICATION – The proposed amendment shall be submitted to the people and shall be deemed
ratified by the majority of the votes cast in the plebiscite, held not earlier than 60 days nor later than 90
days (a) after approval of the proposal by Congress of Constitutional Convention; or (b) after
certification of the COMELEC of sufficiency of petition of the people. (Sec. 4, Art. XVII, 1987
Constitution)

DOCTRINE OF PROPER SUBMISSION – The entire Constitution must be submitted for ratification
at one plebiscite only. The people must have a proper ―frame of reference.‖ No ―piecemeal
submission,‖ e.g. submission of age requirement ahead of other proposed amendments (Tolentino vs.
Commission on Elections, G.R. No. L-34150, October 16, 1971).

A plebiscite may be held on the same day as a regular election.

BY PROPOSAL RATIFICATION

AMENDMENT Congress (as By a vote of ¾ of ALL its members Via a plebiscite,

Constituent Assembly) 60- 90 days after
(Sec.1, Art. XVIII) submission of the
Constitutional Limited by the Doctrine of Proper amendments
Convention (Sec.1, Art. submission (Tolentino vs. Commission on
XVIII) Elections, G.R. No. L-34150, October 16,
1971)
Peoples‘ Initiative Upon Commission on Elections‘
(Sec.2, Art. XVIII) certification of the sufficiency of the
Petition.
REVISION Congress (as By a vote of ¾ of ALL its members Via a plebiscite,
Constituent Assembly) 60- 90 days after
(Sec.1, Art. XVIII) submission of the
Constitutional Limited by the Doctrine of Proper revisions
Convention(Sec.1, Art. Submission (Tolentino vs. Commission on
XVIII) Elections, G.R. No. L-34150, October 16,
1971)

XVI. EDUCATION, SCIENCE, TECHNOLOGY, ARTS, CULTURE AND SPORTS

A. Academic freedom

B. Constitutional tax exemptions for certain educational institutions

XVII. PUBLIC INTERNATIONAL LAW

A. Concepts

 OBLIGATION ERGA OMNES ―obligations of a State towards the international community as a

whole,‖ which are the ―concern of all States‖ and for whose protection all States have a ―legal
interest.‖ [Barcelona Traction Case (ICJ, 1970)]. Barcelona Traction case, the International Court of
Justice (ICJ) stated: ―An essential distinction should be drawn between the obligations of a State
towards the international community as a whole, and those arising vis-à-vis another State in the field of
diplomatic protection. By their very nature the former are the concern of all States. In view of the
importance of the rights involved, all States can be held to have a legal interest in their protection; they
are obligations erga omnes‖. (Vinuya, et al. vs. Executive Secretary et al., GR No. 162230, April 28,
2010)
 JUS COGENS – norms accepted and recognized by the international community of States as a whole
as norms from which no derogation is permitted and which can be modified only by a subsequent norm
of general international law having the same character. (Ocampo vs. Abando, GR. No. 176830,
February 11, 2014). It refers to the legal status that certain international crimes reach; such that it is

69
 peremptory or ―absolute or uncompromising‖ in status. However, there has been no clear agreement
as to how norm reaches the jus cogens status (Vinuya v. Executive Secretary)
 EX AEQUO ET BONO– Literally, ―what is equitable and good.‖ A standard that a court may apply to
decide a case when the parties to the dispute so agree. [ICJ Stat., art. 38(2)]This means that the court
may decide a case on the basis of justice and equity untrammeled by technical legal rules where the
parties agree. This means that the court decided the case not on legal considerations but solely on what
is fair and reasonable in the circumstances of the case.

B. Relationship between international and national law

 INTERNATIONAL LAW – a body of rules actually accepted by nations as regulating their mutual
relations, the proof of the existence of a given rule is to be found in the consent of nations to abide by
that rule; and this consent is evidenced chiefly by the usages and customs of nations, and toascertain
what these usages and customs are, the universal practice is to turn to the writings of publicists and to
the decisions of the highest courts of the different countries of the world.(Co Kim Cham vs. Valdez
Tan Keh, GR. No. L-5, September 17, 1945) ; Traditionally, it is that branch of public law which
regulates the relations of States and of other entities which have been granted international personality.
In modern definition, it refers to the law that deals with the conduct of States and international
organizations, their relations with each other and, in certain circumstances, their relations with persons,
natural or juridical.
 SUBJECTS: sovereign States, international organizations, and individuals. Coordination is to
International community, Subordination is to each State nation.
 DOCTRINE OF TRANSFORMATION – requires the enactment by the legislative body of such
international law principles as are sought to be part of municipal law (Coquia & Defensor-Santiago,
International Law and World Organizations, 2005, p. 13-14). Constitution: no treaty or international
agreement shall be valid and effective unless concurred by at least two thirds of all the members of the
Senate.
 DOCTRINE OF INCORPORATION – Generally accepted principles of international law are
automatically incorporated in the municipal law of each state upon its admission to the family of
nations. Applies by mere constitutional declaration, making international law a domestic law. The law
of nations, wherever any question arises which is properly the object of its jurisdiction, is here adopted
in its full extent by the common law, and it held to be part of the law of the land. (Philippines adopts
the ―generally accepted principles of international law‖ as part of the law of the land.(Sec. 2, Art. II,
1987 Constitution)
 PACTA SUNT SERVANDA – The time-honored international principle which demands the
performance in good faith of treaty obligations on the part of the states that enter into the agreement.
Supreme Court is authorized to decide, among others, all cases involving the constitutionality of ―any
treaty, international or executive agreement, law. In case of conflict between Constitution and
Treaty/International law, the former prevails. But the fact that a treaty is declared unconstitutional, does
not lose its character as an International law.

C. Sources of obligations in international law

1.) ART. 38 OF THE INTERNATIONAL COURT OF JUSTICE STATUTE; The most widely
accepted statement of the ―sources‖ of International Law, that is, Art. 38 of the Statute of the
International Court of Justice does not speak of sources. Rather, Art. 38 is primarily a directive to the
Court on how it should resolve conflicts brought before it. Art. 38 says:
The Court, whose function is to decide in accordance with international law such disputes as are
submitted to it, shall apply:
a. International Conventions, whether general or particular, establishing rules expressly
recognized by the contesting states;
b. International Custom, as evidence of a general practice accepted as law;
c. General Principles of Law recognized by civilized nations [ICJ Statute, art. 38(1)(a)-(c)];
d. Subject to the provisions of Article 59, judicial decisions and the teachings of the most
highly qualified publicists of the various nations, as subsidiary means for the determination of

70
 rules of law. This provision shall not prejudice the power of the Court to decide a case ex
aequo et bono, if the parties agree thereto

 The principle of jus cogens: Customary international law which has the status of a peremptory
(absolute, uncompromising, certain) norm of international law. A peremptory norm is a norm
accepted and recognized by the international community of states as a rule, from which no
derogation is permitted and which can be modified only by a subsequent norm having the same
character.

SOURCES:

 Primary:
1. International conventions, whether general or particular, establishing rules expressly
recognized by the contracting states (Treaties);
*Treaties may be considered a direct source when concluded by a sizable number of
States,and is reflective of the will or at least the consensus of the family of nations. In which
case, a treaty is evidence of custom. Bilateral treaties may be a primary source when they are
of the same nature and provisions and are concluded by a sufficient number of states, although
separately.
2. International Law: International custom, as evidence of a general practice accepted as law;
*Practices which, through persistent usage over a long period of time, have grown to be accepted
by States as legally binding and obligatory. It is necessary that the custom be:
a. Prevailing practice by a number of states (Use);
b. Repeated over a considerable period of time (Duration or Diuturnitas); and
c. Attended by opinion juris or a sense of legal obligation.(Aust, Handbook on International
Law, 2010)

Elements: (No particular length of time is required for the formation of customary norms so
long as the existence of the two elements of custom are manifest)

a) State Practice (Objective element) – a consistent and uniform external conduct of

States. Generally, both what states say and what they do are considered state practice.
The practice must be consistent and general and observes uniformity (not necessary
uniformly practiced)
b) Opinio Juris (Subjective element) – a belief that this practice is rendered obligatory
by the existence of a rule of law requiring it. [North Sea Continental Shelf Cases
(ICJ, 1969); Must be accompanied with the conviction that the State is legally
obligated to do so by international law, and not through mere courtesy or comity, or
because of humanitarian considerations. (Nicaragua vs. United States, ICJ Reports,
1986)

*Persistent Objector Principle: As stated above, customary international law is binding upon a
nation. A nation-state may however, avoid being bound by a rule of customary international
law if it has been a "persistent objector" to the norm or rule. Objection to the norm must be
"consistent" and, irrespective of disagreement.

3. General Principles of Law: General principles of law recognized by civilized nations. [ICJ
Statute, art. 38(1)(a)-(c)]; Rules derived mainly from natural law,observed and recognized by
civilized nations. They may, in a sense, be said to belong to no particular system of law but are
evidence rather of the fundamental unity of law.(Bernas S.J., Introduction to Public International
Law, 2009, p.18) It is not required to be supported by state practice that is consistent and virtually
uniform; found in a number of legal jurisdictions (Roque, Primer on Public International Law, Bar
Review Notes, 2014).

 Secondary:

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 4. Judicial decisions
• The decision of a national court may be used depending upon the prestige and perceived
impartiality of such court. Provided it is not in conflict with the decisions of international
tribunals and it is admissible in the forum where it is cited(Nachura, Outline Reviewer in
Political Law, 2009)
•While the primary sources create law, the subsidiary sources constitute evidence of what the
law is.
• There is no stare decisis: Case law is considered only a ―subsidiary means.‖ Even the
decisions of the ICJ itself do not create binding precedent, since it only binds the parties and
in respect of the particular case [ICJ Statute, art. 59].

5. Teachings of the most highly qualified publicists of the various nations. [ICJ Statute, art. 38(1)
(d)]; Must be fair and unbiased representation of international law by highly qualified and
acknowledged authorities in the field. Teaching of publicists may be considered as subsidiary
sources of international law if the publicists are highly qualified and generally acknowledged and
their views are a correct and unbiased representation or interpretation of international law.
o Publicists are institutions which write on international law. Noted however, that these
institutions are generally government sponsored; hence, they bear within themselves a
potential for national basis.
o Declarations of legal principles and Resolutions by the United Nations are generally
considered merely recommendatory. But if they are supported by all the states, they are
an expression of opinio juris communis.

D. Subjects- entities endowed with rights and obligations in the international orderand possessing the capacity
to take certain kinds of action on the international plane. Entities endowed with international personality.

1. States- A group of people, more or less numerous, permanently living in a definite territory, under
an independent government organized for political ends and capable of entering into legal relations
with other states (Art. 1, Montevideo Convention on the Rights and Duties of States).

Elements:

1. Permanent Population (Regardless homogeneous racially, ethnically, tribally, religiously,

linguistically, or otherwise, as long as SETTLED).

2. Defined Territory (need not be exactly defined by metes and bounds, so long as there exists
a reasonable certainty of identifying it, even if boundary disputes exist). Acquired by
Occupation, Cession (transfer by treaty), Prescription (continued exercise of sovereign over a
period of time), Accession/Accretion

* Effective occupation means continued display of authority which involves two

elements: 1. The intention and will to act as sovereign (animus occupandi); 2. Some
actual exercise or display of such authority. They exercise undivided authority over
all persons and property within its borders and are independent of direct control by
any other power (Legal Status of Eastern Greenland, Denmark vs. Norway Case)

3. Government- the agency, through which the will of the state is formulated, expressed and
realized. (Poindexter vs. Greenhow, 114 U.S. 270 [1885]) It is the physical manifestation of a
state. The various forms of political and emotional blackmail and interference directed against
the weaker members of the community.

4. Sovereignty or Independence – requires only the capacity to enter into international

relations. a political act and mainly a matter of policy on the part of each state; it is
discretionary on the part of the recognizing authority; and it is exercised by the political
(executive) department of the state. Thus, the legality and wisdom of recognition is not subject
to judicial review.

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 5. Recognition by other states –recognition is a mere declaration or acknowledgement of an
existing state of law and fact, legal personality having been conferred previously by operation
of law.‖ The declaratory view is more in accord with international law. a political act and
mainly a matter of policy on the part of each state; it is discretionary on the part of the
recognizing authority; and it is exercised by the political (executive) department of the state.
Thus, the legality and wisdom of recognition is not subject to judicial review. Collective
recognition and not individual recognition is required. De facto (when other states believes
that some of the requirements for recognition are absent), De Jure (no specific indication,
recognition is generally considered as de jure).

 TOBAR or WILSON DOCTRINE – precludes recognition of any government

established by revolutionary means until constitutional reorganization by free
election of representatives.
 STIMSON DOCTRINE – no recognition of a government established through
external aggression.
 ESTRADA DOCTRINE – Since recognition has been construed as approval (and
nonrecognition, disapproval) of a government established through a political
upheaval, a state may not issue a declaration giving recognition to such government,
but merely accept whatever government is in effective control without raising the
issue of recognition. Dealing or not dealing with the government is not a judgment on
the legitimacy of the said government.

6. Possession of a sufficient degree of civilization –

2. International organizations – Public or intergovernmental organization in contrast to private or

non-governmental organizations such as Amnesty International or the Red Cross.(Sarmiento, Public
International Law, 2009) International Organizations are thus characterized as (a) institutions
established by a treaty; (b) composed of members that are states or international organizations; (c)
regulated by international law; and (d) endowed with a legal personality and thus generally can engage
in contracts, and can sue and be sued in national courts subjected to certain immunities. Although
International Organizations have personality in international law, their powers and privileges are by no
means like those of states. Their powers and privileges are limited by the constituent instrument that
created them.

3. Individuals – As a rule, Individuals lack standing to assert violations of treaties in the absence of
protest by the state of nationality (US vs. Noriega, 808 F. Supp. 791 S.D. Fla., 1992) EXCEPTION:
Treaties can confer particular rights on individuals which will be enforceable under international law,
independently of municipal law, e.g. legal standing of individual in ICC and human rights tribunal.

*Treaties can confer particular rights on individuals which will be enforceable under international law,
independently of municipal law, e.g. legal standing of individual in ICC and human rights tribunal.

Factors/Trends considered in International law, holding Individual as a subject thereof:

1. The growing importance of the individual person in public international law who, in the
20th century, has gradually attained global recognition;

2. The higher value now being given to human rights in the international sphere;

3. The corresponding duty of countries to observe these universal human rights in fulfilling
their treaty obligations; and

4. The duty of this Court to balance the rights of the individual under our fundamental law, on
one hand, and the law on extradition, on the other.(Government of Hong Kong Special
Administrative Region vs. Olalia, Jr., GR No. 153675, April 19, 2007)

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 4. Others: Liberation Movements, Insurgent groups which satisfy the material field of application of
Protocol II may be regarded as ―para-statal entities possessing definite if limited form of international
personality.

E. Requisites of Statehood

F. Jurisdiction of states

 JURISDICTION – the authority exercised by a state over persons and things within or sometimes
outside its territory, subject to certain exceptions (Cruz, International Law, 2003). It is the authority to
affect legal interest.

1. Basis of jurisdiction

a. Territoriality principle – JURISDICTION – the authority exercised by a state over

persons and things within or sometimes outside its territory, subject to certain exceptions
(Cruz, International Law, 2003). It is the authority to affect legal interest.

 ISLAND OF LAS PALMAS CASE: To have jurisdiction, occupation is not enough;

control mustalso be established. (United States of America vs. The Netherlands,
Permanent Court of Arbitration, 1928)
 Doctrine: A state has jurisdiction over acts occurring outside its territory but having
effects within it. (Bernas, Introduction to Public International Law, 2009)
 Principles of Effects Doctrine: i. Subjective Territorial Principle – a state has
jurisdiction to prosecute and punish for crime commenced within the state but
completed or consummated abroad ii. Objective Territorial Principle – a state has
jurisdiction to prosecute and punish for crime commenced without the state but
consummated within its territory. (Bernas, Introduction to Public International
Law,2009, p.133)

b. Nationality principle and statelessness –

 NATIONALITY; – used to determine which of two states of which a person is a

national will be recognized as having the right to give diplomatic protection to the
holder of dual nationality. As to corporations, a state has jurisdiction over
corporations organized under its laws. It is membership in a political community with
all its concomitant rights and obligations. It is the tie that binds the individual to his
State, from which he can claim protection and whose laws he is obliged to obey. Can
be acquired and lost
ACQUISTION:
 Birth- born (jure soli); by nationality of parent (jus sanguinis)
 Naturalization- a process by which a foreigner acquires, voluntarily or by
operation of law, the nationality of another state. In Ph, thru judicial,
legislative or by marriage.
 Repatriation – the recovery of nationality by individuals who were natural-
born citizens of a state but who had lost their nationality.
 Cession – when a state cedes its territory to another state, the people found
in the ceded territory becomes subjects of the accepting state. [Hall,
Nationality Migration Rights, and Citizenship of the Union, 1995 p.74]
 Subjugation – – when a state is defeated, and its territory is annexed, its
nationals become subjects of the winning state. [Hall, Nationality Migration
Rights, and Citizenship of the Union, 1995 p. 74
LOSS
 Voluntary- Renunciation

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  Involuntary – Forfeiture/Deprivation; Substitution (following a change of
sovereignty or nay act conferring derivative naturalization)

PRINCIPLES
 Principle of effective nationality – Within a third state, a person having more than
one nationality shall be treated as if he had only one.
 Doctrine of indelible allegiance – an individual may be compelled to retain his
original nationality notwithstanding that he has already renounced or forfeited it
under the laws of a second state whose nationality he has acquired.
 Multiple nationality – the possession by an individual of more than one nationality.
It is acquired as the result of the concurrent application to him of the conflicting
municipal laws of two or more states claiming him as their national.

 A court has jurisdiction if the offender is a national of the Forum State. Each state
has the right to decide who are its nationals using either the principle of just
sanguinis or jus soli or naturalization laws. However, for a state to claim a person as
a national, the state must have reasonable connection or an ―effective link‖ with that
person. The consent of the individual alone is not enough for him to be recognized by
other states as a national of the state to which he claims to belong.
 STATELESSNESS – the status of having no nationality, as a consequence of being
born without any nationality, or as a result of deprivation or loss of nationality. They
are not considered as nationals by any state under the operation of its laws.
 In relation to Statelessness: As to detained stateless persons with no pending charges
nor prospects of bringing any against him, the writ (of habeas corpus) will issue
commanding the respondents to release the petitioner (stateless person) from custody
upon these terms: The petitioner shall be placed under the surveillance of the
immigration authorities or their agents in suchform and manner as may be deemed
adequate to insure that he keep peace and be available when the Government is ready
to deport him. (Mejoff vs. Director of Prisons, GR No. L-4254, September 26, 1951.

c. Protective principle – A court is vested with jurisdiction if a national interest or policy is

injured or violated.(US vs. Fawaz Yunis, Crim. A. No. 87-0377, February 12, 1988)

d. Universality principle- Jurisdiction is asserted with respect to acts considered committed

against the whole world. (People of the Philippines vs. Lol-lo and Saraw, G.R. No. L17958,
1922)

Examples of crimes under Universality Principle:

i. Genocide
ii. Piracy
iii. Hostage taking (Nachura & Gatdula, Outline Introduction to Public
International Law, 2017 p.75)
e. Passive personality principle - This principle authorizes states to assert jurisdiction over
offenses committed against their citizens abroad. It recognizes that each state has a legitimate
interest in protecting the safety of its citizens when they journey outside national boundaries.
(US vs. Fawaz Yunis, Crim. A. No. 87-0377, February 12, 1988).

2. Exemptions from jurisdiction

a. State Immunity from Suit - In international law, "immunity" is commonly understood as an

exemption of the state and its organs from the judicial jurisdiction of another state. This is anchored on
the principle of the sovereign equality of states under which one state cannot assert jurisdiction over
another in violation of the maxim par in parem non habet imperium (an equal has no power over an
equal). (Joint United States Military Assistance Group vs. National Labor Relations Commission, G.R.
No. 108813, December 15, 1994).

b. Act of State doctrine - a rule of judicial restraint in domestic law whereby courts refrain from
making decisions in deference to the executive who is the principal architect of foreign relations; one

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 of the methods by which States prevent their national courts from deciding disputes which relate to the
internal affairs of another State, the other two being immunity and non-justiciability.

c. Diplomatic Immunity – immunity given to allow diplomats free and unhampered exercise of their
functions. Covers: Arrest and Detention (except temporary detention in case of violence, in order to
prevent commission of similar acts), Premises and archives even if diplomatic transaction is temporary
or permanently recalled, Official communications, Subpoena as witness, Taxation (in Ph, a political
question which must be determined by the executive dept)

DOCTRINE OF QUALIFIED IMMUNITY – immunity is granted to foreign states only in

respect of their governmental acts (acts jure imperili), not in respect of their commercial acts
(acts jure gestionis).

DIPLOMATIC AGENTS – are persons empowered to represent a State in a foreign State or

in aninternational organization. Every sovereign State has the right to send and receive
diplomats

Doctrine of Restrictive Immunity and its Application to Immunity of Ad Hoc Diplomats

–It means that the privileges and immunities of diplomatic officials are not all together
unlimited. The US Foreign Sovereign Immunities Act of 1976 codifies the restrictive theory
of Sovereign Immunity by limiting the latter to public acts and excluding all commercial or
private acts.

THEORETICAL BASES:

 Extraterritoriality Theory – the premises of the diplomatic mission represent a sort of

extension of the territory of the sending State.
 Representational Theory – the diplomatic mission personifies the sending State.
 Functional Necessity Theory – privileges and immunities are necessary to enable the
diplomatic mission to perform its functions.

NOTE:
*CONSULS – State agents residing abroad for various purposes such as commerce and
navigation, issuance if Visa, and protection of nationals of appointing state.
*EXEQUATUR – the authority given to consuls by the receiving state to exercise their duties
therein.
*IMMUNITY under UNCLOS – covers the ff: 1. Foreign merchant vessels exercising
innocent passage; (Art. 17 and 18, UNCLOS) 2. Foreign armies passing through or stationed
in its territories with its permission; (Art. 32, UNCLOS) 3. Warships and other public vessels
engaged in non-commercial activities. (Art. 92, UNCLOS)
* RIGHT TO LEGATION (or DIPLOMATIC INTERCOURSE) – the right of a state to
maintain diplomatic relations or intercourse with other states. It is the right of a state to send
and receive diplomatic missions, which enables states to carry on friendly intercourse.

d. International organizations and its officers – The immunities of international organizations and its
officers come from the conventional instrument creating them. (Bernas, Introduction to Public
International Law, 2009)

 Immunity granted to officers and staff of the Asian Development Bank was not absolute but
limited to acts performed in an official capacity and could not cover the commission of a
crime such as slander or oral defamation in the name of official duty. (Liang vs. People of the
Philippines, G.R. No. 125856, March 26, 2001)

F. General principles of treaty law

 TREATY- International agreement concluded between states, in written form, governed by

International law embodies in a single or two or more related instruments in any particular
designation.

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  FUNDAMENTAL PRINCIPLES OF TREATIES:
1. The principle of free consent – A state cannot be bound by treaty to which it has not
consented (except that it is accepted that a treaty provision may become binding on
nonparties if it becomes part of international customary law).
2. The principle of pacta sunt servanda – a Latin maxim which literally means agreements
must be kept, is embodied in Art. 26 VCLT, which states that: ‗Every treaty in force is
binding upon the parties to it and must be performed by them in good faith‘. Therefore, a
contracting party will be held responsible for breach of a treaty; and
3. The principle of good faith – It applies throughout the life of a treaty, from its negotiation
through its performance to its termination. (Kaczorowska, Public International Law, 4 th
edition, p.78)
 ESSENTIAL REQUISITES of a valid Treaty:
a. Entered into by parties with treaty-making capacity through their authorized representatives.
b. No duress, fraud, mistake, or other vice of consent.
c. Lawful Subject matter
d. Entered into in accordance with their respective constitutional processes.
 TREATY-MAKING PROCESS:
a. Negotiation – discussion of the provisions of the process treaty, undertaken by the representatives of
the contracting parties who are provided with credentials known as full powers of pleine pouvoirs.
b. Signature – primarily intended as a means of authenticating the instruments and symbolizing the
good faith of the contracting parties.
c. Ratification – act by which the state formally accepts the provisions of a treaty concluded by its
representative.
d. Exchange of instruments of ratification
e. Registration with the United Nations: by Signature (of negotiator) and ; Ratification (by states thru
reps)

 RELATED DOCTRINES:
 ALTERNAT – an arrangement under which each negotiator is allowed to sign first on copy of
the treaty which he will bring home to his own country.
 CONCORDAT – A treaty or agreement between ecclesiastical and civil powers to regulate the
relations between the church and the state in those matters which, in some respect are under
the jurisdiction of both. DOCTRINE OF UNEQUAL TREATIES – treaties which have been
imposed in an unequal character are void.
 MOST FAVORED NATION CLAUSE – pledge made by a contracting party to a treaty to
grant to other party treatment not less favorable than that which had been given or may be
granted to the most favored among parties.
 DOCTRINE OF PACTA SUNT SERVANDA – a basic principle of international law that is
now codified in Article 26 of the Vienna Convention on the Law of Treaties which states that
―every treaty in force is binding upon the parties to it and must be performed by them in
good faith.‖
 DOCTRINE OF REBUS SIC STANTIBUS – a party is not bound to perform a treaty is there
has been a fundamental change of circumstances since the treaty was concluded.(Art. 62,
VCLT)

G. Doctrine of state responsibility - It is a set of principles for when and how states shall become responsible
for breaches of international obligation and who shall be held responsible for such.

 Every internationally wrongful act of a state entails the international responsibility of that State (Art. 1,
Articles on State Responsibility [―ASR‖])
 Kinds: Direct or Indirect:
1. Direct Responsibility- means the responsibility of the state for its own act is called as original
responsibility or direct responsibility. A state is a legal person and it performs its function through

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 different organs and Agencies, and if any wrong act is done by any one of them, the state becomes
responsible directly on their behalf. (Kelsen, Principles of Internal Law, 1952, pp. 119-120)
2. Indirect State Responsibility- means the responsibility for the acts other than its own is called as
vicarious or indirect responsibility. Indirect state responsibility is an obligation of the state to
prevent its own subject as well as foreign subject living within its territory from committing such
acts which may cause injury to another State. If any wrongful act is done by an individual or group
of individuals, a State to which they belong is held responsible for their acts. (Kelsen, Principles of
Internal Law, 1952, pp. 119-120)

 Elements of the Doctrine of State Responsibility

a. There is an International delinquency;
b. Such is directly or indirectly imputable to the state; and
c. It causes injury to the national of another state.

H. Refugees - any person who is outside the country of his nationality, of if he has no nationality, the country of
his former habitual residence, because he has or had well-founded fear of prosecution by reason of his race,
religion, nationality or political opinion and is unable or, because of such fear, is unwilling to avail himself of
the protection of the government of the country of his nationality, or if he has no nationality, to return to the
country of his former habitual residence.(Convention and Protocol Relating to Status of Refugees, 1967)

o One granted asylum by another state could apply for refugee status; thus, refugee treaties imply the
principle of asylum.
o PRINCIPLE OF NON-REFOULEMENT – No state shall expel or return (refouler) a refugee,
against his or her will, in any manner whatsoever, to a territory where his life or freedom would be
threatened. The State is under obligation to grant temporary asylum. (Refugee Convention of
1951)
o RIGHT OF ASYLUM – the power of the state to allow an alien who has sought refuge from
prosecution or persecution to remain within the territory and under its protection.

I. Extradition - It is the surrender of a fugitive by one State to another where he is wanted for prosecution or, if
already convicted, for punishment. The surrender is made at the request of the latter State on the basis of an
extradition treaty. No list of crimes required, as it is enough that the particular act charged is criminal in both
jurisdictions. Proceedings are sui generis, not criminal in nature.

 ELEMENTS:
a. Acts of sovereignty on the part of two States;
b. A request by one State to another State for the delivery to it of an allege criminal; and
c. The delivery of the person requested for the purpose of trial or sentence in the territory of the
requesting State.
 PRINCIPLE OF SPECIALTY a state requesting the extradition of a fugitive from another state must
specify the crime for which the accused is to be extradited and try the individual only for thecrime
specified in the extradition request. A fugitive who is extradited may be tried only for the crime
specified in the request for extradition and included in the list of offenses in the extradition treaty. The
State of refuge has the right to object to a violation of this principle.
 ATTENTAT CLAUSE – a provision in an extradition treaty stipulating that the murder of the head of a
foreign government or any member of his family is not to be regarded as a political offense for
purposes of extradition.
 DOCTRINE OF RECIPROCITY – if the requesting state is shown to be willing to surrender its own
nationals for trial by the courts of another country, the detaining state must also be willing surrender its
own citizens for trial.
 PHILIPPINE EXTRADITION LAW (P.D. NO. 1069): Prescribes the procedure for the extradition or
persons who have committed crimes in a foreign country.
 PRINCIPLE OF DOUBLE CRIMINALITY – in order that extradition is granted or honored, the
crime for which extradition is requested must be a crime in both the requesting state and the state to
which the fugitive has fled.

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  DEPORTATION: It is the expulsion of an alien who is considered undesirable by the local State,
usually but not necessarily to his own State.

J. Basic principles of International Human Rights Law - HUMAN RIGHTS – the inherent dignity and of the
equal and inalienable rights of all members of the human family.

 International Human Rights Law -It is a law that transcends state boundaries by seeking to define and
uphold those rights held universally by every person regardless of nationality. It deals with those rights
held universally by every person regardless of nationality. It deals with the way a State acts towards
individuals and groups, and in particular, its own citizens.
 International Bill on Human Rights: (Salient Features and Important provisions)
1) Universal declaration of Human Rights (embodies Civil/Political/Economic/Social/Cultural
Rights); It is not a treaty. It has no obligatory character. UDHR is a resolution, it is merely
recommendatory. common standard of achievement for all peoples and all nations, to the end that
every individual and every organ of society, keeping this Declaration constantly in mind, shall
strive by teaching and education to promote respect for these rights and freedoms and by
progressive measures, national and international, to secure their universal and effective recognition
and observance, both among the peoples of Member States themselves andamong the peoples of
territories under their jurisdiction.

The civil and political rights enumerated include:

1. The right to life, liberty, privacy and security of person;
2. Prohibition against slavery;
3. The right not to be subjected to arbitrary arrest, detention or exile;
4. The right to fair trial and presumption of innocence;
5. The right to a nationality;
6. The right to freedom of thought, conscience and religion;
7. The right to freedom of opinion and expression;
8. Right to peaceful assembly and association;
9. The right to take part in the government of his country
The economic, social and cultural rights enumerated include:
1. The right to social security;
2.The right to work and protection against unemployment;
3. The right to equal pay for equal work;
4. The right to form and join trade unions;
5. The right to rest and leisure.

2) International Covenant on Civil and Political Rights (ICCPR) iss a UN multi-lateral treaty based
on the UDHR, created in 1966 and entered into force on March 23, 1976. Nations that have signed
this treaty are bound by it)
SUMMARY:
 Part 1 (Art. 1): Recognizes the rights of all peoples to self-determination, including the
right to ―freely determine their political status‖, pursue their economic, social and
cultural goals, and manage and dispose of their own resources. It also recognizes the right
to not be deprived of its means of subsistence, and imposes an obligation on those parties
still responsible for non-self governing and trust territories (colonies) to encourage and
respect their selfdetermination.
 Part 2 (Arts. 2-5): Obliges parties to legislate where necessary to give effect to the rights
recognized in the Covenant, and to provide an effective legal remedy for any violation of
those rights. It also requires the rights to be recognized ―without distinction of any kind,
such as race, color, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status,‖ and to ensure that they are enjoyed equally by men
and women. The rights can only be limited ―in time of public emergency which
threatens the life of the nation,‖ and even then no derogation is permitted from the rights
to life, freedom from torture and slavery, the freedom from retrospective law, the right to
personhood, and freedom of thought, conscience and religion.

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  Part 3 (Arts. 6-27, Core Provisions): Lists the rights themselves. Many of these rights
include specific actions which must be undertaken to realize them.
 Part 4 (Arts. 28-45): Governs the establishment and operation of the Human Rights
Committee and the reporting and monitoring of the Covenant. It also allows parties to
recognize the competence of the Committee to resolve disputes between parties on the
implementation of the Covenant (Arts. 41 and 42).
 Part 5(Arts. 46-47): Clarifies that the Covenant shall not be interpreted as interfering
with the operation of the United Nations or ―the inherent right of all peoples to enjoy
and utilize fully and freely their natural wealth and resources‖.
 Part 6(Arts. 48-53): Governs ratification, entry into force, and amendment of the
Covenant.

Rights recognized under the ICCPR

1. Right to self-determination
2. Right to an effective remedy
3. Non-discrimination on the basis of sex
4. Right to life * (non-derogable)
5. Freedom from torture or cruel, inhuman or degrading punishment *
6. Freedom from slavery
7. Right to liberty and security of person
8. Right to be treated with humanity in cases of deprivation of liberty *
9. Freedom from imprisonment for failure to fulfill a contractual obligation
10. Freedom of movement and the right to travel
11. Right to a fair, impartial and public trial *
12. Freedom from ex post facto law
13. Right of recognition everywhere as a person before the law
14. Right to privacy
15. Freedom of thought, conscience and religion *
16. Freedom of expression *
17. Freedom of peaceful assembly
18. Freedom of association *
19. Right to marry and found a family
20. Right of a child to protection, a name and nationality
21. Right to participate, suffrage and access to public service
22. Right to equal protection before the law
23. Right of minorities to enjoy their own culture, to profess and practice their
religion and to use their own language.
 In times of public emergency which threatens the life of the nation and the existence of
which is officially proclaimed, to the extent strictly required by the exigencies of the
situation, provided that measures are not inconsistent with their obligations under
international law and do not involve discrimination solely on the ground of race, color,
sex, language, religion or social origin.

3) International Covenant on Economic, Social, and Cultural Rights. (ICESC)

SUMMARY-

Part 1- peoples to self-determination, including the right to ―freely determine their political
status‖, pursue their economic, social and cultural goals, and manage and dispose of their own
resources. It also recognizes the right to not be deprived of its means of subsistence, and imposes
an obligation on those parties still responsible for non-self governing and trust territories (colonies)
to encourage and respect their selfdetermination
Part 2 (Arts. 2-5): Establishes the principle of ―progressive realization‖. It also requires the
rights to be recognized ―without discrimination of any kind as to race, color, sex, language,
religion, political or other opinion, national or social origin, property, birth or other status‖. The

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 rights can only be limited by law, in a manner compatible with the nature of the rights, and only
for the purpose of ―promoting the general welfare in a democratic society‖.
Part 3(Arts. 6 -15): Lists the rights themselves.
Part 4(Arts. 16-25): Governs reporting and monitoring of the Covenant and the steps taken by the
parties to implement it. It also allows the monitoring body – originally the United Nations
Economic and Social Council – now the Committee on Economic, Social Council – now the
Committee on Economic, Social and Cultural rights – see below – to make general
recommendations to the UN General Assembly on appropriate measures to realize the rights (Art.
21).
Part 5 (Arts. 26-31): Governs ratification, entry into force, and amendment of the Covenant.

RIGHTS RECOGNIZED
1. Right of self-determination; The right of self-determination covers two important rights:
(a)the right ―freely to determine their political status and freely pursue their economic, social
and cultural development‖; and (b) the right ―for their own ends, to freely dispose of the
natural wealth and resources without prejudice to any obligations arising out of international
cooperation, based upon the principle of mutual benefit, and international law.
PRINCIPLE OF PROGRESSIVE REALIZATION – a state is obligated to undertake a
program of activities, either individually or through international assistance and cooperation,
to fully realize those rights which are recognized by the Economic Covenant to the maximum
of its available resources and by all appropriate means (Art. 2)
2. Labor rights – right to work freely under ―just and favorable conditions‖‘ without
discrimination and with the right to form and join trade unions (Arts. 6-8)
3. Right to social security and other social rights
4. Adequate standard of living: a. Right to adequate housing b. Right to adequate food c. Right
to adequate clothing
5. Right to health, specifically ―the highest attainable standard of physical and mental health‖
6. Right to education, including free universal primary education, generally available secondary
education and equally accessible higher education. This should be directed to ―the full
development of the human personality and the sense of its dignity‖‘ and enable all persons to
participate effectively in society (Arts. 13 and 14); and 7. Cultural rights

K. Basic principles of International Humanitarian Law - the branch of public international law which
governs armed conflicts to the end that the use of violence is limited and that human suffering is mitigated or
reduced by regulating or limiting the means of military operations and by protecting persons who do not or no
longer participate in hostilities. It encompasses both humanitarian principles and international treaties that seek
to save lives and alleviate suffering of combatants and noncombatants during armed conflict. Main Source:
Geneva Convention of 1949 and supplementaries.

Other Sources:

a. Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed
Forces in the Field of August 12, 1949 (First Geneva Convention);

b. Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea of August 12, 1949 (Second Geneva Convention);

c. Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 949 (Third Geneva
convention);

d. Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12,
1949 (Fourth Geneva Convention);

e. Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of
Victims of International Armed Conflicts (Protocol I) of 8 June 1977; and

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 f. Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of
Victims of NonInternational Armed Conflicts (Protocol II) of 8 June 1977

WAR – a contention between the public forces of states or other belligerent communities, implying the
employment of force between the parties for the purpose of imposing their respective demands upon each.

Divisions of the Laws of War

a. Jus ad bellum– the conditions under which one may resort to war or to force in general. It has a
subdivision known as jus contra bellum or the law on the prevention of war; and

b. Jus in bello – governs the conduct of belligerents during a war, and in a broader sense comprises the
rights and obligations ofneutral parties as well.(ICRC publication, International Humanitarian Law,
2015)

ARMED CONFLICT – any use of force or armed violence between States or a protracted armed violence
between governmental authorities and organized armed groups or between such groups within that State:
Provided, that such force or armed violence gives rise, or may give rise, to a situation to which the Geneva
Conventions of 12 August 1949, including their common Article 3, apply. Armed conflict may be international,
that is, between two (2) or more States, including belligerent occupation; or non-international, that is, between
governmental authorities and organized armed groups or between such groups within a state. It does not cover
internal disturbances or tensions such as riots, isolated and sporadic acts of violence or other acts of a similar
nature. (Sec. 3[c], R.A. No. 9851)

PRINCIPLE OF DISTINCTION – a basic principle of IHL that persons fighting in armed conflict must, at all
times, distinguish between civilians and combatants and between civilian objects and military objectives. The
―principle of distinction‖, as this rule is known, is the cornerstone of IHL. Derived from it are many specific
IHL rules aimed at protecting civilians, such as the prohibition of deliberate or direct attacks against civilians
and civilians‘ objects, the prohibitions of indiscriminate attacks or use of ―human shield‖.

TREATMENT OF CIVILIANS – They are to be protected against murder, torture, pillage, reprisals,
indiscriminate destruction of property and from being taken as hostage. Their honor, family, rights, religious
convictions and practices are to be respected.

Prisoners of War (POW): Protected by the Third Geneva Convention, they must be treated humanely and
provided with adequate housing, food, clothing, and medical care.

PRINCIPLE OF NECESSITY – a belligerent is justified in resorting to all measures which are indispensable
to bring about the complete submission of the enemy, as soon as possible, by means of regulated violence not
forbidden by conventional or customary rules of war and with the least possible loss of lives, time and money.

PRINCIPLE OF PROPORTIONALITY – attacks which may be expected to cause incidental loss to civilian
life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in
relation to the concrete and direct military advantage anticipated, are prohibited (Art. 51, AP I, ICRC Customary
Rule 14).

PRINCIPLE OF HUMANITY – This principle prohibits the use of any measure which is not necessary for the
purposes of the war, such as the poisoning of wells and weapons, the employment of dum-dum or expanding
bullets and asphyxiating gases, the destruction of works of art and property devoted to religious and
humanitarian purposes (Cruz, International Law Reviewer, 2003)

PRINCIPLE OF CHIVALRY – the basis of such as those which require the belligerents to give proper
warning before launching bombardment or prohibit the use of perfidy in the conduct of the hostilities. (Cruz,
International Law Reviewer, 2003)

WOUNDED AND SICK COMBATANTS – cannot be murdered or subjected to torture or biological

experiments. They are to receive adequate care and are to be protected against pillage or ill-treatment. The
Convention also protects medical workers, military religious personnel, military medical facilities and mobile
units. Applies even if the same it as sea, or s hospital ships.

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L. Law of the sea - The United Nations Convention on Law of the Sea (UNCLOS) is the body of treaty rules
and customary norms governing the use of the sea, the exploitation of its resources, and the exercise of
jurisdiction over maritime regimes. (Magallona) It is the branch of public international law which regulates the
relations of states with respect to the use of the oceans.

1. Baselines – The low-water line along the coast as marked on large scale charts officially recognized
by the coastal State. The width (breadth) of the territorial sea is measured from the base line. (Art. 2,
United Nations Convention on the Laws of the Sea)

 Ways of Drawing Baselines:

a. Normal baseline method – one drawn following ―the low-water line along the coast as
marked on large-scale charts officially recognized by the coastal State.‖ (Art. 5,
UNCLOS) This line follows the curvatures of the coast and therefore would normally not
consist of straight lines. This criterion is the most favorable to the coastal State and
clearly shows the character of territorial waters as appurtenant to the land territory.
b. Straight baseline method – where the coastline is deeply indented or cut into, or if there
is a fringe of islands along the coast in its immediate vicinity, the method of straight lines
joining the appropriate points may be employed in drawing the baseline from which the
breadth of the territorial sea is measured (Art. 7, UNCLOS)

2. Archipelagic states - It is a state made up of wholly one or more archipelagos. It may include other
islands (Article 46, UNCLOS). Archipelagic State provisions apply only to mid-ocean archipelagos
composed of islands, and not to a partly continental state.

 ARCHIPELAGO – a group of islands, including parts of islands, interconnecting waters,

and other features which are closely interrelated in such islands, waters and other natural
features which form an intrinsic geographical, economic and political entity, or which
historically has been regarded as such.
 KINDS OF ARCHIPELAGO; (coastal(attached to mainland forms a part thereof); mid-
ocean(situated in oceans)
a. Straight Archipelagic Baselines Straight baselines join the outermost points of the
outermost islands and drying reefs of an archipelago, provided that within such
baselines are included the main islands and an area in which the ratio of the water to
the area of the land, including atolls, is between 1 to 1 and 9 to 1. The length of such
baselines shall not exceed 100 nautical miles, except that up to 3% of the total
number of base lines enclosing any archipelago may exceed that length, up to a
maximum of 125 miles. The baselines drawn should not depart, to any appreciable
extent, from the general configuration of the archipelago. All the waters within the
baselines shall then be considered as internal waters. The breadth of the 12-mile
territorial sea, the contiguous zone, the exclusive economic zone and the continental
shelf is measured from the archipelagic baseline.
b. Archipelagic Waters; The waters enclosed by the archipelagic baselines drawn in
accordance with Article 47 regardless of their depth of distance from the coast. An
archipelagic State exercises territorial sovereignty over its archipelagic waters
(UNCLOS III, Art. 49).
c. Right of Archipelagic Sea Lanes Passage An archipelagic State may designate sea
lanes and air routes there above, suitable for the continuous and expeditious passage
of foreign ships and aircraft through or over its archipelagic waters and the adjacent
territorial sea. All ships and aircraft enjoy the right of archipelagic sea lanes passage
in such sea lanes and air routes. Archipelagic sea lanes passage means the exercise in
accordance with UNCLOS.

 ARCHIPELAGIC DOCTRINE – the waters around, between and connecting the islands
of the archipelago, regardless of their breadth or dimension, are treated as internal waters.
 RIGHT OF INNOCENT PASSAGE – it is the right of foreign merchant ships (as distinct
from warships) to pass unhindered through the territorial sea of a coast (Shaw,
International Law, 2017)

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 3. Internal waters - These are waters of lakes, rivers, and bays landward of the baseline of the
territorial sea. Waters on the landward side of the baseline of the territorial sea also form part of the
internal waters of the coastal state. However, in case of archipelagic states, waters landward of the
baseline other than those rivers, bays and lakes, are archipelagic waters. (Article 8(1), UNCLOS)

4. Territorial sea - These waters stretch up to 12 miles from the baseline on the seaward direction.
They are subject to the jurisdiction of the coastal state, which jurisdiction almost approximates that
which is exercised over land territory, except that the coastal state must respect the rights to:

1. Innocent passage; and

2. In the case of certain straits, to transit passage. Innocent passage refers to navigation through the
territorial sea without entering internal waters, going to internal waters, or coming from internal waters
and making for the high seas. It must:

a. Involve only acts that are required by navigation or by distress, and

b. Not prejudice the peace, security, or good order of the coastal state. Transit passage refers
to the right to exercise freedom of navigation and over flight solely for the purpose of
continuous and expeditious transit through the straights used for international navigation. The
right cannot be unilaterally suspended by the coastal state.
5. Contiguous zone – An area of water not exceeding 24 nautical miles from the baseline. It thus
extends 12 nautical miles from the edge of the territorial sea. The coastal state exercises authority over
that area to the extent necessary to prevent infringement of its customs, fiscal, immigration or
sanitation authority over its territorial waters or territory and to punish such infringement. In a zone
contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the
control necessary to:

(a) prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations
within its territory or territorial sea; or
(b) punish infringement of the above laws and regulations committed within its territory or
territorial sea. The contiguous zone may not extend beyond 24 nautical miles from the
baselines from which the breadth of the territorial sea is measured.

6. Exclusive economic zone - The exclusive economic zone (EEZ) is the stretch of area up to 200
miles from the baselines. Within this zone, a State may regulate non-living and living resources, other
economic resources, artificial installations, scientific research, and pollution control. (Art. 57,
UNCLOS III). Technically, the area beyond the territorial sea is not part of the territory of the state, but
the coastal state may:

(a) exercise sovereign rights over the economic resources of the sea, seabed and subsoil;
(b) lay submarine cables and pipelines; and
(c) perform other lawful uses.

The provisions on the exclusive economic zone are both a grant of rights to and an imposition of
obligations on coastal states relative to the exploitation, management and preservation of the resources
found within the zone. (Bernas, International Law, 2009)

7. Continental shelf and extended continental shelf - Comprises the sea-bed and subsoil of the
submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land
territory to the outer edge of the continental margin, or to a distance of 200 miles from the baselines
from which the breadth of the territorial sea is measured where the outer edge of the continental margin
does not extend up to that distance. (Art. 76[4][6], UNCLOS)

Extended Continental Shelf: In cases where the continental margin extends further than 200 miles,
nations may claim jurisdiction up to 350 nautical miles from the baseline or 100 nautical miles from the
2,500 meter isobaths (a line connecting the depth of 2,500 meters), depending on certain criteria such

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 as the thickness of sedimentary deposits. These rights would not affect the legal status of the waters or
that of the airspace above the continental shelf.

High Seas- The high seas are treated as res communes or res nullius, and thus, are not territory of any
particular state.

8. International Tribunal for the Law of the Sea - Independent judicial body established by the UN
Convention on the Law of the Sea to adjudicate disputes arising out of the interpretation and
application of the Convention. Composed of 21 independent members elected by states parties to the
UNCLOS. It has jurisdiction over all disputes and all application submitted to it in accordance with
UNCLOS and over all matters specifically provided for in any other agreement which confers
jurisdiction on the ITLOS.

Advisory Jurisdiction: The Seabed Disputes Chamber of the ITLOS is competent to give an advisory
opinion on legal questions arising within the scope of the activities of the Assembly or Council of the
International Seabed Authority (Art, 191, UNCLOS). The tribunal may also give an advisory opinion
on a legal question if this is provided for by ―an international agreement related to purposes of the
Convention.‖

M. Basic principles of International Environmental Law - It is the branch of public international law
comprising those substantive, procedural, and institutional rules which have as their primary objective the
protection of the environment, the term environment being understood as encompassing ―both the features and
the products of the natural world and those of human civilization.‖ (Sands, Principles of International
Environmental Law)

1. Precautionary principle – In order to protect the environment, the precautionary approach shall be
widely applied by States according to their capabilities. Where there are threats of serious or
irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-
effective measures to prevent environmental degradation. (Principle 15, Rio Declaration)

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