Political Law Review Quickie

The Supreme Court's exercise of its jurisdiction

Guidelines as the modality for evaluating cases
concerning the president's withdrawal from
international agreements:
● First, the president enjoys some leeway
in withdrawing from agreements which
he or she determines to be contrary to
the Constitution or statutes.
● Second, the president cannot unilaterally
withdraw from agreements which were
entered into pursuant to congressional
imprimatur.
● Third, the President cannot unilaterally
withdraw from international agreements
where the Senate concurred and
expressly declared that any withdrawal
must also be made with its concurrence.
Impeachment & Quo Warranto
Impeachment is a proceeding exercised by the
legislative, as representatives of the sovereign,
to vindicate the breach of the trust reposed by
the people in the hands of the public officer by
determining the public officer's fitness to stay in
the office.
Meanwhile, an action for quo warranto, involves
a judicial determination of the eligibility or
validity of the election or appointment of a
public official based on predetermined rules.
over a quo warranto petition is not violative of
the doctrine of separation of powers.
LEB
Court's exclusive rule-making power covers the
practice of law and not the study of law. The
definition of the practice of law, no matter how
broad, cannot be further enlarged as to cover the
study of law.
The Court does not impose upon law schools
what courses to teach, or the degree to grant,
but prescribes only the core academic courses
which it finds essential for an applicant to be
admitted to the bar. Law schools enjoy the
autonomy to teach or not to teach these
courses.
Security of tenure of judges
Not all administrative cases need to be heard by
the SC en banc. The text of Section 11 of Article
VIII clearly shows that there are actually two
situations envisaged therein.
● Discipline - division
● Dismissal - en banc
Decisions v. Minute Decisions

Aside from the difference in their origin and

nature, quo warranto and impeachment may
proceed independently of each other as these
DECISIONS MINUTE DECISIONS
remedies are distinct as to (1) jurisdiction, (2)
grounds, (3) applicable rules pertaining to With respect to the However, if other
initiation, filing and dismissal, and (4) same subject matter parties or another
limitations. and the same issues subject matter (even
concerning the same
with the same parties
parties, it constitutes
res judicata. and issues) is
Impeachment is not an exclusive remedy by involved, the minute
which an invalidly appointed or in validly elected resolution is not
impeachable official may be removed from binding precedent.
office.
 a. Holding any other office or employment
The constitutional It does not apply not
requirement under to minute resolutions. during their tenure;
the first paragraph of b. Engaging in the practice of any profession;
Section 14, Article VIII c. Engaging in the active management or control
of the Constitution of any business which in any way may be
that the facts and the affected by the functions of his office; and
law on which the d. Being financially interested, directly or
judgment is based
indirectly, in any contract with, or in any
must be expressed
clearly and distinctly franchise or privilege granted by the
applies only to Government, any of its subdivisions, agencies or
decisions. instrumentalities, including GOCCs or their
subsidiaries.
A decision is not Minute resolutions
signed only by the are not published in
clerk. Justices of the the Philippine
Supreme Court must
Reports.
sign the decision. A
minute resolution is CSC
signed only by the The Civil Service shall be administered by the
clerk of court by Civil Service Commission composed of a
authority of the Chairman and two Commissioners who shall
justices. Decisions be natural-born citizens of the Philippines and,
are published in the at the time of their appointment, at least
Philippine Reports. thirty-five years of age, with proven capacity
for public administration, and must not have
The provision in the This is not applicable been candidates for any elective position in
Constitution (no to minute resolution. the elections immediately preceding their
doctrine or principle appointment.
of law laid down by
COMELEC
the court in a
There shall be a Commission on Elections
decision rendered en composed of a Chairman and six
banc or in division Commissioners who shall be natural-born
may be modified or citizens of the Philippines and, at the time of
reversed except by their appointment, at least thirty-five years of
the court sitting en age, holders of a college degree, and must not
banc) speaks of a have been candidates for any elective position
in the immediately preceding elections.
decision.
However, a majority thereof, including the
Chairman, shall be Members of the Philippine
Bar who have been engaged in the practice of
law for at least ten years.

CONSTITUTIONAL COMMISSIONS
To safeguard the independence of these
Commissions, the Constitution imposes certain
inhibitions and disqualifications upon the
Chairmen and members:
COA
There shall be a Commission on Audit
composed of a Chairman and two
Commissioners, who shall be natural-born
citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of
age, certified public accountants with not less
than ten years of auditing experience, or
members of the Philippine Bar who have been

engaged in the practice of law for at least ten
years, and must not have been candidates for
any elective position in the elections
immediately preceding their appointment. At
no time shall all Members of the Commission
belong to the same profession.
The predominant reason for hiring a confidential
employee is the belief that he can share a close
intimate relationship with the occupant,
Meanwhile, the importance of subordinates to
the appointing authority now lies in the
contribution of their legal skills to facilitate the
work of the confidential employee.
LOCAL GOVERNMENTS
Computation of just share To summarize, the
following national taxes should be included in
the base for computing just share:
a. The national internal revenue taxes
enumerated in Section 21 of the NIRC, as
amended, to be inclusive of the VATs, excise
taxes, and DSTs collected by the BIR and the
BOC, and their deputized agents;
b. Tariff and customs duties collected by the
BOC;
c. 50% of the VATs collected in the ARMM, and
30% of all other national taxes collected in the
ARMM; the remaining 50% of the VATs and 70%
of the collections of the other national taxes in
the ARMM shall be the exclusive share of the
ARMM pursuant to Section 9 and Section 15 of
R.A. No. 9054;
d. 60% of the national taxes collected from the
exploitation and development of the national
wealth; the remaining 40% will exclusively
accrue to the host LGUs pursuant to Section 290
of the LGC;
e. 85% of the excise taxes collected from locally
manufactured Virginia and other tobacco
products; the remaining 15% shall accrue to the
special purpose funds pursuant created in R.A.
No. 7171 and
f. R.A. No. 7227; The entire 50% of the national
taxes collected under Section 106, Section 108
and Section 116 of the NIRC in excess of the
increase in collections for the immediately
preceding year; and
g. 5% of the franchise taxes in favor of the
national government paid by franchise holders in
accordance with Section 6 of R.A. No. 6631 and
Section 8 of R.A. No. 6632.
Ombudsman
President does not have administrative
disciplinary authority over the deputy
ombudsman
President does have administrative disciplinary
authority over the special prosecutor
BILL OF RIGHTS
PROCEDURAL DUE PROCESS: The method or
manner by which the law is enforced. The
essence is the opportunity to be heard.
ADMINISTRATIVE DUE PROCESS
1. The right to a Hearing, which includes the
right to present one’s case and submit evidence
in support thereof. However, a “trial-type”
proceeding is not required. The essence is the
opportunity to be heard.
2. The tribunal or body or any of its judges must
act on its or his own Independent consideration
of the law and facts of the controversy, and not
simply accept the views of a subordinate in
arriving at a decision.
3. The decision must be based on the evidence
Presented at the hearing or at least contained in
the record and disclosed to the parties affected.
4. The decision must have something to support
itself
5. The tribunal must consider the Evidence
presented.
6. Evidence supporting the conclusion must be
Substantial.
7. The board or body should, in all controversial
questions, render its decision in such a manner
that the parties to the proceeding can Know the
various issues involved and the reasons for the
decision rendered.
Under the RP-HK Agreement, HKSAR, as the
requesting state must establish the following:
1. there must be an extradition treaty in force
between the HKSAR and the Philippines;
2. the criminal charges that are pending in the
HKSAR against the person to be extradited;
3. the crimes for which the person to be
extradited is charged are extraditable within the
terms of the treaty;
4. the individual before the court is the same
person charged in the HKSAR;
5. the evidence submitted establishes probable
cause to believe that the person to be extradited
committed the offenses charged; and
6. the offenses are criminal in both the HKSAR
and the Philippines (double criminality rule) 1
disciplinary sanctions in academic institutions,
the case of Guzman is more proper as
compared to the case of Ang Tibay:
1. the students must be informed in writing of
the nature and cause of any accusation against
them;
2. that they shall have the right to answer the
charges against them with the assistance of
counsel, if desired;
3. they shall be informed of the evidence against
them;
4. they shall have the right to adduce evidence in
their own behalf; and
5. the evidence must be duly considered by the
investigating committee or official designated by
the school authorities to hear and decide the
case.
Void for Vagueness
As a rule, a statute or act may be said to be
vague when it lacks comprehensible standards
that men "of common intelligence must
necessarily guess at its meaning and differ as to
its application."
SUBSTANTIVE DUE PROCESS:
The law itself (which must be fair, reasonable
and just), not the procedures by which the law
would be enforced.
Police power To invoke the valid exercise of
police power, there must:
1) appear that the interest of the public generally
requires an interference with private rights; and
(lawful subject)
2. the means adopted must be a) reasonably
necessary for the accomplishment of the
purpose and b) not unduly oppressive upon
individuals. (lawful method) 4
Overbreadth: Under the overbreadth doctrine, a
proper governmental purpose, constitutionally
subject to state regulation, may not be achieved
by means that unnecessarily sweep its subject
broadly, thereby invading the area of protected
freedoms.
It is its reasonableness, not its effectiveness,
which bears upon its constitutionality.
Validity of Ordinances: Substantive
requirements: CUPPUG
(1) must not contravene the Constitution or any
statute; 6
(2) must not be unfair or oppressive; 7
(3) must not be partial or discriminatory;
(4) must not prohibit but may regulate trade;
(5) must be general and consistent with public
policy; and
(6) must not be unreasonable.
Procedural: notice and hearing
EQUAL PROTECTION
Using the rational basis examination, laws or
ordinances are upheld if they rationally further a
legitimate governmental interest.
Under intermediate review, governmental
interest is extensively examined and the
availability of less restrictive measures is
considered.
Applying strict scrutiny, the focus is on the
presence of compelling, rather than substantial,
governmental interest and on the absence of
less restrictive means for achieving that
interest. I
For a valid classification, it must be reasonable,
which means that:
(1) The classification should be based on
substantial distinctions which make for real
differences.
(2) Germane to the purpose of the law
(3) Not be limited to existing conditions only
(4) Must apply equally to each member of the
class
Reasonable expectation of privacy test This
test determines whether a person has a
reasonable expectation of privacy and whether
the expectation has been violated. The
reasonableness of a person’s expectation of
privacy depends on a two-part test:
(1) Whether, by his conduct, the individual has
exhibited an expectation of privacy;
(2) This expectation is one that society
recognizes as reasonable.
There is a clear and present danger when the
evil consequence of the comment or utterance
is extremely serious and the degree of
imminence extremely high. The danger to be
guarded against is the substantive evil sought to
be prevented.
There is a dangerous tendency if the words
uttered create a dangerous tendency which the
state has a right to prevent. It is not necessary
that some definite or immediate acts of force,
violence, or unlawfulness be advocated. It is
sufficient if the natural tendency and probable
effect of the utterance is to bring about the
substantive evil which the legislative body seeks
to prevent.
Liberty of abode and right to travel
Under the strict scrutiny test, a legislative
classification that interferes with the exercise of
a fundamental right or operates to the
disadvantage of a suspect class is presumed
unconstitutional. Thus, the government has the
burden of proving that the classification
1. is necessary to achieve a compelling State
interest, and
2. is the least restrictive means to protect such
interest or the means chosen is narrowly tailored
to accomplish the interest. (freedom to
participate in any legitimate activity)
The Miller Test (OBSCENITY)
1. Whether the average person, applying
contemporary community standards would find
that the work, taken as a whole, appeals to the
prurient interest;
2. Whether the work depicts or described, in a
patently offensive way, sexual conduct
specifically defined by the applicable state law;
3. Whether the work, taken as a whole, lacks
serious literary, artistic, political, or scientific
value.

RIGHT TO RELIGION
The Lemon Test (NON-ESTABLISHMENT)
a. First, the statute must have a secular
legislative purpose;
b. Second, its principal or primary effect must
be one that neither advances nor inhibits
religion,
c. Third, the statute must not foster an excessive
government entanglement with religion.
Expropriation
Requisites for taking are:
1. The expropriator must enter a private
property;
2. The entry must be for more than a
momentary period;
3. It must be under warrant or color of
authorities;
4. The property must be devoted for public
use or otherwise informally appropriated
or injuriously affected; and
5. The utilization of the property for public
use must be such a way as to oust the
owner and deprive him of beneficial
enjoyment of the property.
It is the owner's loss, not the taker's gain, which
is the measure of the value of the property
taken.
The "public use" requirement for a valid exercise
of the power of eminent domain is a flexible and
evolving concept influenced by changing
conditions.
The report of the commissioners is conclusive,
under any circumstance. The court may accept
the commissioners' report unreservedly; it may
return the report for additional facts or it may
set the report aside and appoint new
commissioners; or it may accept the report in
part and reject it in part, and "make such final
order and judgment as shall secure to the
plaintiff the property essential to the exercise of
his rights under the law, and to the defendant
just compensation for the land so taken."
Inflation not considered; interest applied
Non-impairment of contracts
Test: whether legislative action is reasonably
appropriate to the achievement of a legitimate
end.
There are five main factors that must be
considered in determining whether the use is
reasonable:
a. whether an economic emergency exists,
b. whether the legislation serves a
legitimate objective,
c. whether the actions by the legislature
are justified by the emergency and only
appropriate to the emergency,
d. whether relief from contractual
obligations is unreasonable, and
e. whether the legislation is temporary.
Right to be secure
Only when the State intrudes into a person's
expectation of privacy, which society regards as
reasonable, is the Fourth Amendment triggered.
Where a person does not have an expectation of
privacy or one's expectation of privacy is not
reasonable to society, the alleged State intrusion
is not a "search" within the protection of the
Fourth Amendment.
To be a valid reasonable search
a. manner of the search: it must be the
least intrusive and must uphold the
dignity of the person
b. neither can the search result from any
discriminatory motive
c. Purpose is to ensure public safety

d. For evidence seized, the court must be
convinced that precautionary measures were in
place to ensure that no evidence was planted
cause that the car has an item subject to
seizure.
Rights under Custodial Investigation

These rights begin to be available where the

Reasonable Search Warrantless Search
investigation is no longer a general inquiry into
arises from a reduced presumably an an unsolved crime but has began to focus on a
expectation of "unreasonable particular suspect,
privacy. search," but for
reasons of
practicality, a search
The right to counsel applies only to admissions
warrant can be
dispensed with. made in a criminal investigation but not to those
made in an administrative investigation.
Example: searches Examples: search
done at airports, incidental to a lawful An extrajudicial confession, to be admissible,
seaports, bus arrest, search of must satisfy the following requirements:
terminals, malls, and evidence in plain
similar public places. view, consented
(1) the confession must be voluntary;
search, and extensive
search of a private
moving vehicle. (2) it must be made with the assistance of a
competent and independent counsel, preferably
of the confessant’s choice;
The jurisprudential instances of reasonable
(3) it must be express; and
warrantless searches and seizures are:

(4) it must be in writing.

(1) warrantless search incidental to a lawful
arrest;
This means that even those who voluntarily
surrendered before a police officer must be
(2) seizure of evidence in plain view;
apprised of their Miranda rights.
(3) search of a moving vehicle;
the fact that she was “invited” by the
investigating committee does not by itself
(4) consented warrantless search;
determine the nature of the investigation as
custodial. The nature of the proceeding must be
(5) customs search;
adjudged on a case to case basis.
(6) stop and frisk; and
Right to bail
(7) exigent and emergency circumstances
The purpose for bail is to guarantee the
appearance of the accused at the trial, or
whenever so required by the court. The amount
An extensive search of a vehicle is permissible
should be high enough to assure the presence of
only when the officers made it upon probable
the accused when required but no higher than is
reasonably calculated to fulfill this purpose.
Enrile bail: Enrile’s social and political standing
and his having immediately surrendered to the
authorities upon his being charged in court
indicate that the risk of his flight or escape from
this jurisdiction is highly unlikely.
The currently fragile state of Enrile's health
presents another compelling justification for his
admission to bail. There is no question at all that
Enrile's advanced age and ill health required
special medical attention. Bail for the provisional
liberty of the accused, regardless of the crime
charged, should be allowed independently of the
merits of the charge, provided his continued
incarceration is clearly shown to be injurious to
his health or to endanger his life.
Rights of the Accused
Under this provision, when a defendant appears
without attorney, the court has four important
duties to comply with:
1. To inform the accused that he has the right to
have his own counsel before arraigned;
2. After giving such information, to ask accused
whether he desires the aid of counsel;
3. If he so desires to procure the services of
counsel, the court must grant him reasonable
time to do so; and
4. If he so desires to have counsel but is unable
to employ one, the court must assign counsel de
officio to defend him.
Trial in absentia can also take place when the
accused voluntarily waives his right to be
present. The right may be waived provided that
after arraignment he may be compelled to
appear for the purpose of identification by the
witnesses of the prosecution, or provided he
unqualifiedly admits in open court after his
arraignment that he is the person named as the
defendant in the case on trial.
Right to speedy disposition of cases
the right may be invoked as early as the
preliminary investigation or inquest. Every
accused has the rights to due process and to
speedy disposition of cases.
Delay, however, is not determined through mere
mathematical reckoning but through the
examination of the facts and circumstances
surrounding each case.
Right Against Self-Incrimination
The constitutional guaranty, that no person shall
be compelled in any criminal case to be a
witness against himself, is limited to a
prohibition against compulsory testimonial
self-incrimination.
The prohibition against compelling a man in a
criminal cause to be a witness against himself is
a prohibition against physical or moral
compulsion to extort communications from him,
and not an exclusion of his body as evidence,
when it may be material.
The accused was not compelled to make any
admission or answer any questions, and the
mere fact that an object found upon his body
was examined seems no more to infringe the
rule invoked than would the introduction of
stolen property taken from the person of a thief.
Forcing an accused to discharge morphine from
his mouth is not compelling him to be a witness
against himself.
The constitutional guarantee against
self-incrimination extends to administrative
proceedings which possess a criminal or penal
aspect.
CITIZENSHIP

SECTION 1. The following are citizens of the

Philippines:

(1) Those who are citizens of the Philippines at

the time of the adoption of this Constitution;

(2) Those whose fathers or mothers are citizens

of the Philippines;

(3) Those born before January 17, 1973, of

Filipino mothers, who elect Philippine citizenship
upon reaching the age of majority; and

(4) Those who are naturalized in accordance

with law.

SECTION 2. Natural-born citizens are those who

are citizens of the Philippines from birth without
having to perform any act to acquire or perfect
their Philippine citizenship. Those who elect
Philippine citizenship in accordance with
paragraph (3), Section 1 hereof shall be deemed
natural-born citizens.

SECTION 3. Philippine citizenship may be lost or

reacquired in the manner provided by law.