- In case of doubt, the constitution should be

considered self-executing rather than non-

POLITICAL LAW AND
self-executing; mandatory rather than
PUBLIC INTERNATIONAL
directory; and prospective rather than
LAW
retrospective.
- Unless the contrary is clearly intended,
the provisions of the constitution should
PRELIMINARY CONCEPTS be considered self-executing, as a
contrary rule would give the legislature
discretion to determine when, or
A. NATURE OF A CONSTITUTION
whether, they shall be effective. These
provisions would be subordinated to the
- It is a written instrument enacted by
will of the law making body, which could
direct action of the people by which the
make them entirely meaningless by
fundamental powers of the government
simply refusing to pass the needed
are established, limited and defined, and
implementing statute. Implementation
by which those powers are distributed
may, however, be imposed as a duty upon
among the several departments for their
the legislature by mandatory language of
safe and useful exercise for the benefit of
the constitution.
the body politic.
- Again in the absence of a clear showing of
- The purpose is to prescribe the
a contrary intention, the provisions of the
permanent framework of a system of
constitution should be regarded as
government, to assign to the several
mandatory. Otherwise, the fundamental
departments their respective powers and
law, would have no more force and
duties, and to establish certain first fixed
prestige than a set of directions which the
principles on which government is
government and the people would be free
founded.
to disregard.
- The constitution is the basic and
3. PROCESS OF CHANGE (AMENDMENTS AND
paramount law to which all other laws
REVISIONS)
must conform.
Revision broadly implies a change that
1. PARTS
alters a basic principle in the Constitution,
a. CONSTITUTION OF LIBERTY- series of
like altering the principle of separation of
prescriptions setting forth the
powers or the system of checks and balances.
fundamental civil and political rights of
There is also revision if the change alters the
the citizens and imposing limitations on
substantial entirety of the Constitution. On
the powers of the government as a means
the other hand, amendment broadly refers to
of securing the enjoyment of those rights.
a change that adds, reduces, deletes, without
b. CONSTITUTION OF GOVERNMENT-
altering the basic principle involved. Revision
outlines the organization of the
generally affects several provisions of the
government, enumerating its powers,
Constitution; while amendment generally
laying down certain rules relative to its
affects only the specific provision being
administration, and defining the
amended.
electorate.
c. CONSTITUTION OF SOVEREIGNTY-
Two steps are involved in the amendment
consist of provisions that points out the
or revision of our Constitution. The first is
mode or procedure in accordance with
the proposal and the second is
which formal changes in the fundamental
ratification.
law may be brought about.
a. Proposal- generally made either directly
2. MANNER OF INTERPRETATION (SELF
by the (1)Congress or by a
EXECUTING AND NON-EXECUTING
(2)constitutional convention.
CHARACTER)
 Where what is intended is a mere
amendment or change of particular
provisions only, the proposal is better
made by direct legislative action. In this
case the vote of at least ¾ of all the
members of the Congress shall be needed.
The call for constitutional convention
may be made by a vote of two-thirds of all
members of the Congress.
(3) Direct proposal of the people
through initiative upon petition of at least
twelve per centum of the total number of
the registered voters, of which every
legislative district must be represented by
at least three percentum of the registered
voters therein.
- the attempt to use this method was
struck down for lack of the necessary
implementing law. RA 6735 provided for
a local initiative only and not the national
initiative required for proposing
constitutional changes.
- This method applies only to
amendments, not to a revision of the
Constitution.
b. Ratification- any amendment to or revision shall
be valid when ratified by a majority of the votes cast
in a plebiscite held not earlier than sixty days nor
later than 90 days after the approval of such change
by the Congress or the constitutional convention or
after the certification of the COMELEC of the
sufficiency of the petition under Section 2.
- OPERATIVE FACT DOCTRINE-unconstitutional
act, for that matter an executive order or a
municipal ordinance likewise suffering from that
infirmity, cannot be the source of any legal rights
or duties. Nor can justify any official act taken
under it. De Agbayani vs PNB
The doctrine of Operative fact recognizes the
existence of the law or executive act prior to the
determination of its unconstitutionality as an
operative fact that produced consequences that
cannot always be erased ignored or disregarded.
For it to apply, there must be a legislative or
executive measure, meaning a law or executive
issuance. A mere administrative practice, not
formalized into rule or ruling, will not suffice
because such a mere administrative practice may
not be uniformly and consistently applied. An
administrative practice, if not formalized as a rule
or ruling, will not be known to the general public
and can be availed of only by those with informal
contacts with the government agency.
QUALIFIED POLITICAL AGENCY- President may
validly delegate the power to contract foreign
loans. The constitution sanctions such delegation
to the Secretary of Finance, as the president alter
ego, provided that the contracting of loan is
subject to the President’s approval. The only
instance when the foreign loan is contracted by
the president. Reading the Constitutional
provision, Congress has no part in contracting the
foreign loan except to limit and regulate how the
loans may be contracted. It cannot expand the
constitutional provision and determine who may
exercise this power. (Kilusang Magbubukid ng
Pilipinas, et.al. vs Aurora Pacific Economic Zone
and Freeport Authority.)
LIS MOTA- lis mota requirement means that the
petitioner who questions the constitutionality of
a law must show that the case cannot be resolved
unless the disposition of the constitutional
question is unavoidable.
B.THE PHILIPPINES AS A STATE
- A community of persons, more or less
numerous permanently occupying a definite portion
of territory, independent of external control, and
possessing a government to which a great body of
inhabitants render habitual obedience.
1. ELEMENTS (PEOPLE, TERRITORY,
GOVERNMENT AND SOVEREIGNTY)
 PEOPLE- inhabitants; citizens; electors;
adequate number of self-sufficiency and
defense; of both sexes for perpetuity.
 TERRITORY-
-Comprises the Philippines 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 submarine areas. The
waters around, between and connecting
the islands of the archipelago, regardless
 of their breadth and dimensions, form i. The functions of government have
part of the internal waters of the been classified into constituent,
Philippines.(Archipelago Doctrine) which are mandatory for the
Government to perform because
RA 9522 is constitutional.
they constitute the very bonds of
UNCLOS has nothing to do with the
society, such as the maintenance
acquisition (or loss) of territory. It is a
of peace and order, regulation of
multilateral treaty that regulates,
property and property rights, the
among others, sea-use rights over
administration of justice, etc; and
maritime zones(TW-12NM, CZ-24NM,
ministrant, those intended to
EEZ 200NM) and continental shelves
promote the welfare, progress
that UNCLOS delimits. UNCLOS III was
and prosperity of the people, and
the culmination of decades-long
which are merely optional for
negotiations among UN members to
Government to perform.
codify the norms regulating the
ii. The Court declared that a
conduct of States in the world’s
distinction can be made on the
oceans and submarine areas,
validity of the reorganization
recognizing the coastal and
between a government bureau or
archipelagic state graduated authority
office performing constituent
over a limited span of waters and
functions (like the Bureau of
submarine lands along their coast.
Customs) and a government-
owned or controlled corporation
Thus baseline laws are
performing ministrant functions
nothing but a statutory mechanisms
(like the PNB).
for UNCLOS III States parties to
iii. Corporations, such as SSS, GSIS,
delimit with precision the extent of
NIA, although performing
their maritime zones and continental
functions aimed at promoting
shelves. In turn, this gives notice to
public interest and public welfare,
the rest of the international
are not invested with government
community of the scope of the
attributes.
maritime space and submarine areas.
iv. Although the 1987 Constitution
enshrines free enterprise as a
 GOVERNMENT- The agency or
policy, it nevertheless reserves to
instrumentality through which the will of the
the Government the power to
State is formulated, expressed and realized.
intervene whenever necessary to
promote the general welfare, as
Government of the Philippines is the
reflected in Secs. 6 and 19, Art.XII.
corporate governmental entity through which
the functions of government are exercised
throughout the Philippines, including, save as
c. Doctrine of Parens Patriae- Literally,
the contrary appears from the context, the
parent of the people. As such, the
various arms through which political
Government may acts as a guardian of the
authority is made effective in the Philippines,
rights of the people who may be
whether pertaining to the autonomous
disadvantaged of suffering from some
regions, the provincial, city, municipal, or
disability or misfortune.
barangay subdivisions or other forms of local
government” [Sec 2(1), Administrative Code d. Classification-
of 1987]
 De Jure vs De Facto-
 Presidential (Separation of
b. Functions: executive and legislative powers)
 vs Parliamentary (fusion of
executive and legislative powers)
 Unitary (a single, centralized
government, exercising powers
over both the internal and
external affairs of the State) vs
Federal Government (consist of
autonomous state (local)
government units merged into a
single State, with the national
government exercising a limited
degree of power over the
domestic affairs but generally full
direction of the external affairs of
the State.
 SOVEREIGNTY
- The supreme and uncontrollable power
inherent in a State by which the State is
governed.
Kinds:
i. Legal
ii. Internal and External
iii. Characteristics: permanence,
exclusiveness, comprehensiveness,
absoluteness, indivisibility,
inalienability, imprexcriptibility.
iv. Effect of Change in Sovereignty:
Political Laws are abrogated but
municipal laws remain in force.
v. Effect of Belligerent Occupation- no
change in sovereignty, however,
political laws, except the law on
treason are suspended; municipal
laws remain in force unless repealed
by the belligerent occupant.
vi. Dominum(capacity to own or acquire
property, including lands held by the
State in its propriety capacity) vs
Imperium(authority possessed by the
State embraced in the concept of
sovereignty.
vii. Jurisdiction : Territorial;
personal;extraterritorial
- jurisdiction by the state in the high seas over
2. DISTINCTION BETWEEN INTERNAL AND
EXTERNAL SELF DETERMINATION
- Internal- supreme power over everything
within its territory.
- External- independence, which is freedom
from external control.
 Territorial – power of the State over persons
and things within its territory. Exempts are: a.
Foreign States, Heads of State, Diplomatic
representatives, and consuls to a certain
degree; b. Foreign State property, including
embassies, consulates, and public vessels
engaged in non-commercial activities; c. Acts
of state; (d) Foreign merchant vessels
exercising the rights of innocent passage or
involuntary entry, such as arrival under
stress; (e) Foreign armies passing through or
stationed in its territory with its permission;
and (f) Such other persons or property,
including organizations like the United
Nations, over which it may, by agreement,
waive jurisdiction.
 Personal: power of the State over its
nationals, which may be exercised by the
State even if the individual is outside the
territory of the State.
 Extraterritorial: power exercised by the State
beyond its territory in the following cases: (a)
Assertion of its personal jurisdiction over its
nationals abroad; or the exercise of its rights
to punish certain offenses committed outside
its territory against its national interests even
if the offenders are nonresident aliens; (b) By
virtue of its relations with other states or
territories, as when it establishes a colonial
protectorate, or a condominium, or
administers a trust territory, or occupies
enemy territory in the course of war; (c)
When the local state waives its jurisdiction
over persons and things within its territory,
as when, a foreign army stationed therein
remains under, the jurisdiction of the sending
state; (d) By the principle of exterritoriality,
as illustrated by the immunities of the head of
state in a foreign country; (e) Through
enjoyment of easements or servitudes, such
as the easement of innocent passage or
arrival under stress; (f) The exercise of
its vessels; over pirates; in the exercise of the
right to visit and search; and under the
doctrine of hot pursuit; (g) The exercise of
 limited jurisdiction over the contiguous zone
and the patrimonial sea, to prevent
infringement of its customs, fiscal,
immigration or sanitary regulations.
B. FUNDAMENTAL POWERS OF THE STATE
1. POLICE POWER
- a property right is impaired by
regulation, or the use of property is
merely prohibited, regulated or restricted
to promote public welfare. In such cases,
there is no compensable taking, hence,
payment of just compensation is not
required.
- A law enacted in the exercise of police
power to regulate or govern certain
activities or transactions could be given
retroactive effect and may be reasonably
impair vested rights or contracts. Police
power legislation is applicable not only to
future contracts, but equally to those
already in existence. Non-impairment of
contracts or vested rights clauses will
have to yield to the superior and
legitimate exercise by the State of the
police power. (Ortigas & Co., vs. CA, GR
No. 126102, 12/4/2000).
- The right to carry a firearm is neither a
property or a property right. Neither does
it create a vested right. A permit to carry a
firearm outside one’s residence may be
revoked at any time. Even if it were a
property right, if cannot be considered as
absolute as to be beyond the reach of the
police power. (Chavez v. Romulo 431
SCRA 534)
- A license to operate a motor vehicle is not
a property right, but a privilege granted
by the State, which may be suspended or
revoked by the State in the exercise of its
police power, in the interest of public
safety and welfare, subject to the
procedural due process requirements
(Metropolitan Manila Development
Authority v. Garin, GR No. 130230, April
15, 2005).
LIMITATIONS (Test for Valid Exercise)
a. Lawful Subject
b. Lawful Means- means employed are
reasonably necessary for the accomplishment
of the purpose, and not unduly oppressive on
individuals.
Additional (When exercised by delegate)
a. Express grant by law
b. Within territorial limits
c. Must not be contrary to law.
Test for Municipal Ordinances to be valid:
1. Must not contrary to constitution or any
statute
2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit but regulate trade
5. Must not be unreasonable
6. Must be general in application and consistent
with public policy.
1. POWER OF EMINENT DOMAIN
- property interests are appropriated and
applied to some public purpose which
necessitates the payment of just
compensation thereof.
 Requisites:
1. Taking of private property- All private
property capable of ownership may be
expropriated except money and choses in
action. Even services may be subject of
eminent domain.
2. Genuine necessity to take the private
property- The issue of the necessity of
the expropriation is a matter properly
addressed to the Regional Trial Court in
the course of the expropriation
proceedings. If the property owner
objects to the necessity of the takeover,
he should say so in his Answer to the
Complaint. The RTC has the power to
inquire into the legality of the exercise of
the right of eminent domain and to
determine whether there is a genuine
necessity for it.
3. Taking must be for public use- general
concept of meeting public need or public
exigency.
4. Taking must be payment for just
compensation- full and fair equivalent of
the property taken; it is the fair market
value of the property. Market value of the
property is “ is that the 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 thereof.”
o Means not only the correct amount to
be paid to the owner of the land but
also payment within a reasonable
time from its taking.
o Compensation is to be paid in money
and no other.
o Reckoning point of market value of
the property- Compensation is
determined as of the date of the filing
of the complaint for eminent domain.,
but where the filing of the complaint
occurs after the actual taking of the
property and the owner would be
given undue incremental advantages
arising from the use to which the
government devotes the property
expropriated, just compensation is
determined as of the date of the
taking. (NPC vs CA, 254 SCRA 577).
o When the eminent domain is
exercised by a local government unit,
the “amount to be paid for the
expropriated property shall be
determined by the proper court,
based on the fair market value at the
time of the taking of the property.
(Sec. 19, RA 7160)
o Once the value of the property is fixed
by the court, the amount shall earn
interest at the legal rate until full
payment is effected. (Nepomuceno vs
City of Surigao)
o 
5. Taking must comply with due process
of the law
o Requisite of valid taking:
1. Entry to private property of
expropriator
2. Entry must be more than a
momentary period
3. Entry must be under warrant
or color of authority
4. Property must be devoted to
public use or otherwise
informally appropriated or
injuriously affected; and
utilization of the property
must be in such a way as to
oust the owner and deprive
him of beneficial enjoyment of
the property.
 The defendant must be given an opportunity
to be heard. In Belen vs CA, the Sc declared
PD’s 1670 and 1669 unconstitutional for
violating the due process clause because the
decrees do not provide any form of hearing or
procedure by which the petitioners can
question the propriety of the expropriation or
the reasonableness of the compensation to be
paid for the property.
 Writ of Possession. The issuance of the writ of
possession becomes ministerial upon the:
i. Filing of the complaint for
expropriation sufficient in form and
substance;
ii. Upon deposit made by the
government of the amount equivalent
to 15% of the fair market value of the
property sought to be expropriated
per current tax declaration.9biglang
Awa vs Judge Bacalla). Once the
requisites are established, the
issuance of the writ becomes a
ministerial matter for the
expropriation court.
 The property owner’s right to repurchase the
property depends upon the character of the
title acquired by the expropriator, i.e. if the
land expropriated for a particular purpose
with the condition that when that purpose is
ended or abandoned, the property shall
revert to the former owner, then the former
owner can re-acquire the property.
Jurisdiction over the complaint for eminent
domain is with the Regional Trial Court.
While the value of the property to be
expropriated is estimated in monetary terms-
for the court is duty bound to determine the
amount of just compensation to be paid for
the property-it is merely incidental to the
expropriation suit.
 Property already devoted to public use can
still be subject to expropriation, provided this
is done directly by the national legislature or
under a specific grant of authority to delegate.
 If property is taken for public use before
compensation is deposited with the court
having jurisdiction over the case, the final
 compensation must include interests on its
just value to be computed from the time the
property is taken to the time when
compensation is actually paid or deposited in
court. The court includes that the owner’s
loss is not limited to his property alone but
includes its income-generating potential.
 Who may exercise the power?
a. Congress
b. President (by delegation)
c. LGU- no inherent power; can only
exercise when expressly authorized by
the Legislature.
d. Private Enterprises performing public
services.
2. POWER OF TAXATION
 Exercised primarily by the legislature; local
legislative bodies(Sec. 5, Art. X, Constitution);
and to limited extent, the President when
granted delegated tariff powers (Sec. 28(2),
Art. VI)
A. CONSTITUTIONAL EXEMPTION
PRINCIPLES
 No law granting any tax exemption shall
be passed without the concurrence of a
majority of all the Members of Congress
(Sec. 28(4), Art. VI of the Constitution.)
 Charitable Institutions, churches and
personages or convents appurtenant
thereto, mosques, non-profit cemeteries,
and all lands, buildings and
improvements, actually, directly and
exclusively used for religious, charitable
or educational purposes shall be exempts
from taxation. (Sec. 28(4), Art. VI of the
Constitution)
 All revenues and assets of non-stock,
non-profit educational institutions used
actually, directly and exclusively for
educational purposes shall be exempt
from taxes and duties. (Sec. 4(3), Art.
XIV)
 Subject to conditions prescribed by law,
all grants, endowments, donations, or
contributions used actually, directly and
exclusively for educational purposes
shall be exempt from tax. (Sec. 4(4), Art.
XIV)
 Where tax exemption is granted
gratuitously, it may be revoked at will;
but not if granted for a valuable
consideration. (MCIAA vs Marcos, 261
scra 667)

 LIMITATIONS OF THE EXERCISE:
1. DUE PROCESS OF LAW- must not be
confiscatory
2. EQUAL PROTECTION CLAUSE- must be
uniform and equitable
3. PUBLIC PURPOSE
 DOUBLE TAXATION- additional taxes laid on
the same subject by the same taxing
jurisdiction during the same taxing period
and for the same purpose.
C. RELEVANCE OF THE DECLARATION OF
PRINCIPLES AND STATE POLICIES
Not self-executing. Used by the judiciary as a aids or
as a guides in the exercise of its power of judicial
review and by the legislature in its enactment of laws.
Mere directives addressed to the executive and
legislative departments.
Legislative failure to pursue such policies cannot give
rise to cause of action in the courts.
 Philippines- democratic and republican State.
 Philippines renounces war as an instrument
of national policy, adopts the generally
accepted principles of IL.
 Civilian authority is supreme over military.
 Government has the prime duty to serve and
protect the people. Government may call
upon the people to defend the State.
 Separation of Church and State shall be
inviolable.
- Verily, the principle of separation of
Church and State is based on mutual
respect. Generally, the State cannot
meddle in the internal affairs of the
church, much less question its faith and
dogmas or dictate upon it. It cannot favor
one religion and discriminate against
another. On the other hand, the church
cannot impose its beliefs and convictions
on the State and the rest of the citizenry.
It cannot demand that the nation follow
 its beliefs, even if it sincerely believes
that they are good for the country.
- Assurance if Religious Freedom-
Establishment Clause and Free Exercise
Clause; Its goal is to promote freedom of
individual’s religious beliefs and practices.
It intends to deny government the power
to use either the carrot or the stick to
influence individual religious beliefs and
practices.
- Establishment Clause- principally
prohibits the State from sponsoring any
religion or favoring any religion against
other religions. It mandates a strict
neutrality in affairs among religious
groups.
- Free Exercise Clause- the respect for the
inviolability of the human conscience. The
is prohibited from unduly interfering with
the outside manifestations of one’s belief
and faith; clear and present danger test
- Benevolent Neutrality Theory- believes
that with respect to these 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. The purpose of
accommodation is to remove a burden on,
or facilitate the exercise of a person’s or
institution’s religion. What is sought under
the theory of accommodation is not a
declaration of unconstitutionality of a
facially neutral law, but an exemption
from its application or its burdensome
effect whether by the legislature or the
courts.
- The court adopted a policy of benevolent
neutrality. With religion looked upon with
benevolence and not hostility, benevolent
neutrality allows accommodation of
religion under certain circumstances.
(Estrada vs Escritor)
- In ascertaining the limits of the exercise
of the religious freedom, the compelling
state interest test is proper.
- Compelling State Interest Test- proper
where conduct is involved for the whole
gamut of human conduct has different
effect on the state’s interests: some effects
may be immediate and short-term while
others delayed and far reaching. A test
that would protect the interests of the
State in preventing a substantive evil,
whether immediate or delayed is
therefore, necessary.
- On the issue of Ang Ladlad a LGBT
Community for registration with the
COMELEC in 2006, the application was
denied on the ground that the
organization had no substantial base and
dismissal was based on moral grounds,
the court rules that: “The morality
referred to in the law is public and
necessarily secular, not religious(Estrada
vs Escritor). Religious teachings as
expressed in public debate may influence
the civil public order but public moral
disputes may be resolved only on grounds
on articulable in secular terms.
- On the issue of Philpost issuance of stamp
commemorating INC Centennial
Celebration, the court ruled that the cost of
the printing and issuance of the aforesaid
50,000 stamps were all paid for by TNC.
The printing of INC commemorative stamp
is simply an acknowledgment of INC’s
existence for a hundred years. It does not
necessarily equate to the State sponsoring
the INC.
- Indeed, what is prohibited is the State
using its resources to solely benefit one
religion. As stated above, the records do
not show that the State has been using the
resources and manpower of Philpost for
INC’s sole advantage. On the contrary, the
stamps printed and issued by Philpost, as
seen through its website, features various
entities and organizations other than
religious sects.
 Independent foreign policy.
 While the constitution mandates a
bias in favor of Filipino goods,
services, labor and enterprises, it also
recognizes the need for business
exchange with the rest of the world
on the bases of equality and
reciprocity and limits protection of
Filipino enterprises only against
foreign competition and trade
practices that are unfair.
  1987 constitution does not rule out
the entry of foreign investment, goods
and services. While it does not
encourage their unlimited entry into
the country, it does not prohibit them
either. In fact, it allows an exchange
on the basis of equality and
reciprocity, frowning only on foreign
competition that is unfair.
 Philippines shall adopt and pursue a policy of
freedom from nuclear weapons.
 Promote a just and dynamic social order;
promote full employment.
 Social Justice in all phase of development.
 Full respect of human rights
 Sanctity of family life and shall protect and
strengthen the family as a basic autonomous
social institution.
 Equal protection on the life of the mother and
the life of the unborn.
- Textually, the constitution affords
protection to the unborn from conception.
This is undisputable because before
conception, there is no unborn to speak
of. The traditional meaning of the word
“conception” which, as described and
defined by all reliable and reputable
sources.
- Apparently, the framers of the
constitution did not intend to ban all
contraceptives for being unconstitutional.
Contraceptive that kills or destroy the
fertilized ovum should be deemed an
abortive and thus prohibited. Conversely,
contraceptives that actually prevent the
union of the male sperm and the female
ovum, and those that similarly take action
prior to fertilization should be deemed
non-abortive, and thus, constitutionally
permissible.
- The provision of Section 9 of RH Law
covering the inclusion of hormonal
contraceptives, intra uterine devices,
injectables, and other safe, legal, non-
abortifacient and effective family
planning products and supplies by the
National Frug Formulary in the EDL is not
mandatory.
 Right of people to a balanced and healthful
ecology.
 State shall prioritize education, science and
technology, arts, culture and sports.
 Labor as primary economic force.
 Self-reliant and independent national
economy effectively controlled by Filipinos.
 Comprehensive rural development and
agrarian reform.
 Under the Comprehensive Agrarian
Reform Law, conversion or
reclassification may be allowed “when the
land ceases to be economically feasible
and sound for agricultural purposes, or
the locality has become urbanized and the
land will have a greater economic value
for residential, commercial or industrial
purposes.”
 Mere reclassification does not
automatically allow a landowner to
change its use. Conversion must be
approved before a landowner is
permitted to use the agricultural land for
other purposes. The DAR’s approval of
the conversion of agricultural land into
industrial estate, or any other use, is a
condition precedent before developing
the land for industrial use. Conversely, the
lack of approval for the conversion means
that the farmland was never placed
beyond the scope of the CARP.

 Recognition and promotion of indigenous
cultural communities.
 RA 8371(Indigenous People’s Rights Act
of 1997)-the law is a magna carta that
covers the rights of indigenous peoples
and corrects the grave historical injustice
to our indigenous peoples.
 Under the law, they will not be relocated
without their free and prior informed
consent, nor through any means other
than eminent domain.
 State shall guarantee equal access to
opportunities for public service and prohibit
political dynasties as may be defined by law.
 Honesty and integrity in the public service
and take positive and effective measures
against graft and corruption.
 Adoption and implementation of a policy of
full public disclosure of all its transactions
involving public interest.
LOCUS STANDI- refers to the right of the party to
come to a court of justice and make such a
challenge.
E. DYNAMICS AMONG THE BRANCHES OF
GOVERNMENT
1. SEPARATION OF POWERS- SEPARATION OF
POWERS- powers of the government must be
divided to avoid concentration of these
powers in any branch; the division, it is hoped
that would avoid any single branch from
lording its power over the other branches or
the citizenry.
- In Minucherv. Court of Appeals, G.R. No.
142396, February 11, 2003, it was
sufficiently established that respondent
Arthur Scalzo an agent of the US Drug
Enforcement Agency, was tasked to
conduct surveillance on suspected drug
activities within the country, and having
ascertained the target, to inform the local
law enforcers who would then be
expected to make the arrest. In
conducting this surveillance and later,
acting as the poseur buyer during the
buy-bust operation, and then becoming a
principal witness in the criminal case
against Minucher, Scalzo can hardly be
said to have acted beyond the scope of his
official functions or duties. He should,
therefore, be accorded diplomatic
immunity.
2. SYSTEM OF CHECKS AND BALANCES- this
allows one department to resist
encroachments upon its prerogatives or to
rectify mistakes or excesses committed by the
other departments., e.g., veto power of the
President as check on improvident legislation,
etc.
3. DELEGATION OF POWERS
Rule: “Potestas delegate non potest delegare” ,
based on the ethical principle that 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.
 Test to Determine the validity of the
delegation of Legislative Power:
- Completeness Test- it is
complete when it sets forth
therein the policy to be executed,
carried out or implemented by the
delegate.
- Sufficient standard Test- when it
provides adequate guidelines or
limitations in the law to map out
the boundaries of the delegate’s
authority and prevent the
delegation from running riot. To
be sufficient, the standard must
specify the limits of the delegate’s
authority, announce the
legislative policy and identify the
conditions under which is to be
implemented.

 PERMISSIBLE DELEGATION:
a. Tariff Powers to the President
b. Emergency powers to the president-
“In times of war or other national
emergency”
c. Delegation to the People- Referendum
(the power of the electorate to approve or
reject legislation through an election
called for the purpose. ) Plebiscite (is the
electoral process by which an initiative on
the Constitution is approved or rejected
by the people.)
d. Delegation to the LGU
e. Delegation to Administrative Bodies
F. STATE IMMUNITY
A. BASIS:
State Immunity from Suit- the State
cannot be sued without its consent.
However, it may be sued if it gives
consent, whether express or implied. The
doctrine is know as Royal Prerogative of
Dishonesty.
SOVEREIGN IMMUNITY OR NON
SUABILITY- The state may not be sued
without its consent. There can be no legal
right against the authority which makes
the law on which the right depends.
The Doctrine of State Immunity also
applies to complaints filed against
officials of the State for acts performed by
 them in the discharge of their duties
within the scope of their authority.
However, where a public officer has
committed an ultra vires act or where
there is a showing of bad faith malice or
gross negligence the officer can be held
personally accountable, even if such acts
are claimed to have been performed in
connection with official duties (Wylie vs
Rarang).
B. EXCEPTIONS:
The traditional rule of State Immunity
which exempts a State from being sued in
courts of another State without the
former’s consent or waiver has evolved
into a restrictive doctrine which
distinguishes sovereign and
governmental acts (Jure Imperii) from
private, commercial and proprietary
acts(Jure Gestionis) under the restrictive
rule of State immunity, State immunity
only extends only to acts Jure imperii.
REPUBLIC VS VILLASOR: The universal
rule that where the State gives its consent
to be sued by private parties either by
general or special law, it may limit
claimant’s action “only up to the
completion of proceedings anterior to the
stage of execution” and that the power of
the Courts ends when the judgment is
rendered, since government funds and
properties may not be seized under the
writs of execution or garnishment to
satisfy such judgments, is based on
obvious considerations of public policy.
Disbursements of public funds must be
covered by the corresponding
appropriation as required by law. The
functions and public services rendered by
the State cannot be allowed to be
paralyzed or disrupted by the diversion of
public funds from their legitimate and
specific objects, as appropriated by law.
GOH VS BAYRON- To be valid an
appropriation must indicate a specific
amount and a specific purpose. However,
the purpose may be specific even if it is
broken down into different related sub
categories of the same nature; the court
holds that the appropriation for motor
vehicle registration naturally and logically
included plate-making inasmuch as plate-
making was an integral part of
registration process.
G. NATIONAL TERRITORY
1. SCOPE(TERRESTRIAL, AERIAL, AND
FLUVIAL DOMAINS)
2. ARCHIPELAGIC DOCTRINE
-Comprises the Philippines 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
submarine areas. The waters around,
between and connecting the islands of
the archipelago, regardless of their
breadth and dimensions, form part of
the internal waters of the Philippines.
(Archipelago Doctrine)
RA 9522 is constitutional. UNCLOS has
nothing to do with the acquisition (or
loss) of territory. It is a multilateral treaty
that regulates, among others, sea-use
rights over maritime zones(TW-12NM,
CZ-24NM, EEZ 200NM) and continental
shelves that UNCLOS delimits. UNCLOS III
was the culmination of decades-long
negotiations among UN members to
codify the norms regulating the conduct
of States in the world’s oceans and
submarine areas, recognizing the coastal
and archipelagic state graduated
authority over a limited span of waters
and submarine lands along their coast.
Thus baseline laws are nothing but a
statutory mechanisms for UNCLOS III
States parties to delimit with precision
the extent of their maritime zones and
continental shelves. In turn, this gives
notice to the rest of the international
community of the scope of the maritime
space and submarine areas.

LEGISLATIVE DEPARTMENT
A. NATURE OF LEGISLATIVE POWER
- The power to propose, enact,
amend and repeal laws.
- Vested in the Congress, except to
the extent reserved to the people
by the provision on initiative and
referendum.
1. DERIVATIVE POWER AND DELEGATED
POWER
- Derivative/delegated - power ( Abakada Guro   Party List
delegated by the
sovereign people to
legislative bodies and is
subordinate to the
original power of the
people
- Congress, as a general
rule, cannot delegate its
legislative power.  Since
the people have already
delegated legislative
power to Congress, the
latter cannot delegate it
any further.
EXCEPTIONS:
1. Delegation of legislative power to local
government units;
2. Instances when the Constitution itself
allows for such delegation [see Art. VI Sec.
23(2)]
3. Permissible delegation:
 1. tariff powers of the President
(Sec. 28 (2) Art. VI)
 2. emergency power of the
President (Sec. 23 (2) of  Art. VI
 3. people (Sec. 32 of Art. VI; Sec. 10
of Art. X, Sec.  2  of  
                    Art. XVII; RA 6735)
                    4. local governments (Art X)
                    5. administrative bodies (power of
subordinate legislation
What may Congress delegate:
Congress can only delegate, usually to
administrative agencies, RULE-MAKING POWER
or LAW EXECUTION.  This involves either of two
tasks for the administrative agencies:
1. “Filling up the details” on an otherwise
complete statute; or
2. Ascertaining the facts necessary to bring a
“contingent” law or provision into actual
operation.
Cases:
 Non-Delegation  of legislative
vs. Executive Secretary, September
1, 2005;  Epira case-Gerochi vs.
DOE, GR. No. 159796,  July 17,         
2007).
 Tests of valid delegation:
1. completeness test * Gerochi vs.
DOE, July 17, 2007
2. sufficient standard  *Santiago vs.
COMELEC, 3/19/97; Abakada Guro
Party List vs. Exec. Sec.
 
 Jose Jesus M. Disini, Jr. et al. vs.
The Secretary of Justice, GR No.
203335, February 11, 2014- In
order to determine whether there
is undue delegation of legislative
power, the Court has adopted two
tests: the completeness test and the
sufficient standard test. Under the
first test, the law must be complete
in all its terms and conditions when
it leaves the legislature such that
when it reaches the delegate, the
only thing to do is to enforce it. The
second test mandates adequate
guidelines or limitations in the law
to prevent the delegation from
running riot.
 Garcia vs, Drilon, GR No. 179267,
June 25, 2013- the issuance of
Barangay Protection Order by
the Barangay officials is purely
executive in nature, consistent
with his duty under the LGC to
 enforce all laws and ordinances and
to maintain public order in the
barangay.
 Pimentel III vs. COMELEC, G. R.
No. 178413, March 13, 2008-  in
elections for President, V-President,
Senators and Members of the House
of Representatives, the general rule
still is that pre-proclamation cases
on matters relating to the
preparation, transmission, receipt,
custody and appreciation of
election returns or certificates of
canvass are prohibited. As with
other general rules, there are
recognized exceptions to he
prohibition namely: (1) correction
of manifest errors; (2) questions
affecting the composition of
proceeding of the board of
canvassers; and (3) determination
of the authenticity and the due
execution of certificates of canvass              
as provided in Section 30 of RA
7166, as amended by RA No. 9369.
 Gerochi vs. DOE, GR. No. 159796,  – with this power, administrative
July 17, 2007 - Under the first test,
the law must be complete in all its
terms and conditions when it leaves
the legislature such that when it
reaches the delegate, the only thing
he will have to do is to enforce it.
The second test mandates adequate
guidelines or limitations in the law
to determine the boundaries of the
delegate's authority and prevent
the delegation from running riot.
The Court finds that the EPIRA,
read and appreciated in its entirety,
in relation to Sec. 34 thereof, is
complete in all its essential terms
and conditions, and that it contains
sufficient standards. xxx In the past,
accepted as sufficient standards the
following: "interest of law and
order;" "adequate and efficient
instruction;" "public interest;"
"justice and equity;" "public
convenience and welfare;"
"simplicity, economy and
efficiency;" "standardization and
regulation of medical education;"
and "fair and equitable employment
practices." Provisions of the EPIRA
such as, among others, “to ensure
the total electrification of the
country and the quality, reliability,
security and affordability of the
supply of electric power” and
“watershed rehabilitation and
management” meet the
requirements for valid delegation,
as they provide the limitations on
the ERC’s power to formulate the
IRR. These are sufficient standards.
Echegaray vs. Secretary of
Justice- Being a mere constituent
unit of the Department of Justice,
the Bureau of Corrections could not
promulgate a manual that would
not bear the imprimatur of the
administrative superior, the
Secretary of Justice as the rule
making authority under RA No.
8177.
 EASTERN SHIPPING LINES V.
POEA, 166 SCRA 533-
Power of Subordinate Legislation
bodies may implement the broad
policies laid down in a statute by
“filling” the details which Congress
may not have the opportunity or
competence to provide. This is
effected by their promulgation of
what are known as supplementary
regulations, such as the
implementing rules issued by DOLE
on the new Labor Code. These
regulations have the force and
effect of law. 
 ABAKADA GURO PARTY LIST vs.
EXECUTIVE SECRETARY,
September 1, 2005-  No undue
delegation of legislative power. It is
simply a delegation of
ascertainment of facts upon
which enforcement and
administration of the increase rate
under the law is contingent. The
legislature has made the operation
of the 12% rate effective January 1,
2006, contingent upon a specified
 fact or condition. It leaves the
entire operation or non-operation
of the 12% rate upon factual
matters outside of the control of the
executive.
 Congress did not delegate the
power to tax to the President.-
The intent and will to increase the
VAT rate to 12% came from
Congress and the task of the
President is simply to execute the
legislative policy.
A. A Abakada Guro vs. Purisima, 562
SCRA 251- The requirement that
the implementing rules of a law be
subjected to approval by Congress
as a condition for their effectivity
violates the cardinal constitutional
principles of bicameralism and the
rule of presentment. A valid
exercise of legislative power
requires the act of both chambers.
It can be exercised neither solely by
one of the two chambers nor by a
committee of either or both
chambers.
 The President’s Ordinance Power
is the Executive’s rule-making
authority in implementing and
executing constitutional or
statutory powers. Indisputably,
there are constitutional powers
vested in the Executive that are
self-executory.
 Secretary of Finance, et al. vs. La
Suerte Cigar, GR No. 166498,
June 11, 2009- Unless expressly
granted to the BIR, the power to
reclassify cigarette brands remains
a prerogative of the Legislature
which cannot be usurped by the
former.
Review Center Assos. of the
Philippines vs. Ermita, GR No. 180046,
April 2, 2009- The President has no
inherent or delegated legislative power to
amend the functions of the CHED under
RA 7722.
2. PLENARY CHARACTER- The Congress may
legislate on any subject matter provided at the
limitations are observed.
 Congress cannot pass irrepealable laws. 
Since Congress’ powers are plenary, and
limited only by the Constitution, any attempt
to limit the powers of future Congresses via
an irrepealable law is not allowed.
3. LIMITATIONS
a. Substantive- Limitations on the content of
laws.
(express) Bill of Rights
(Implied)non-Delegation of Powers; and
Prohibition against the passage of
irrepealable
laws
b. Procedural- Manner of Passage and Form
of Bills
 Limitations on the manner of passing laws
 One Subject Only- Title must expresses
the general subject, and all the provisions
of the statute are germane to that subject.
 Three Readings on separate Days- Printed
copies of bill in its final form distributed
to Members three days before its passage,
except when the President certifies to its
immediate enactment to meet a public
calamity or emergency; upon last reading,
no amendment allowed and vote thereon
taken immediately and yeas and nays
entered in the Journal (Sec. 26, Art. VI)
 Approval of the Bills:
a. President approves and signs it.
b. Congress overrides the Presidential
veto- the veto is overridden upon a
vote of two-thirds of all members of
the House of origin and the other
House.
1. No pocket veto
2. Partial Veto- As a rule, partial veto
is invalid unless if it is in
appropriation, revenue or tariff
bill (Sec. 27(2), Art. VI)
3. Legislative Veto- A congressional
veto is a means whereby the
legislature can block or modify
administrative action taken under
a statute. It is a form of legislative
 control in the implementation of
particular executive action.
4. When the president fails to act
upon the bill for thirty days from
receipt thereof, the bill shall
become a law as if he had signed
it. (sec. 27(1), Art. VI)
4. LAW MAKING DISTINGUISHED FROM LAW
EXECUTION
A. FILLING-UP DETAILS-  on an
otherwise complete statute.
B. ASCERTAINMENT OF FACTS-
necessary to bring a “contingent” law
or provision into actual operation.
5. Exceptions to Non-Delegability
a) Local Governments
b) Presidential Power in Times of War and
National Emergency, Including Martial
Law and in a Revolutionary Context
 Existence of the State of War
- Congress, by a vote of 2/3 of both
Houses in joint session assembled,
voting separately shall have the
sole power to declare existence of
a state of war.
- In times of war or other
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.
c) Fixing Tariff Rates, Quotas, and Other
Duties
d) Administrative Bodies (power of
subordinate legislation)
6. Legislative Power of the People Through
Initiative and Referendum
 The congress shall, as early as possible,
provide for a system of initiative and
referendum, and the exception therefrom,
whereby the people can directly propose and
enact laws, or approve or reject any act or law
or part thereof passed by the Congress or
local legislative body after the registration of
a petition therefor signed by at least 10 per
centum of the total number of registered
voters, of which every legislative district must
be represented by at least three per centum
of the registered voters thereof (sec. 32, Art.
VI). In compliance thereof, Congress passed
RA 6735, known as an Act Providing for a
System of Initiative and Referendum.
 INITIATIVE
- Initiative is the power of the people to
propose amendments to the
Constitution or to propose and enact
legislation through an election called
for the purpose.
- There are three system of initiative,
namely:
1. INITIATIVE ON THE CONSTITUTION-
which is a petition proposing
amendments to the Constitution.
2. INITIATIVE ON LOCAL LEGISLATION-
refers to petition proposing to enact a
regional, provincial, city , municipal or
barangay law, resolution or
ordinance.
3. INITIATIVE ON STATUTE- refers to
petition proposing to enact a national
legislation
- Indirect Initiative is the exercise of
initiative by the people through a
proposition sent to Congress or local
legislative body for action (Sec. 2, RA
6735)
 REFERENDUM
- The power of the electorate to approve or
reject legislation through an election
called for the purpose.
- It may be for two classes:
1. REFERENDUM ON STATUTES- refers
to petition to approve or reject an act
or law, or part thereof, passed by
Congress;
2. REFERENDUM ON LOCAL LAWS-
refers to petition to approve or reject
a law, resolution or ordinance enacted
by regional assemblies and local
legislative bodies. (sec 2©, RA 6735)
 PROHIBITED MEASURES:
 - No petition embracing more than one
subject shall be submitted for
electorate;
- Statutes involving emergency
measures, the enactment fof which is
specifically vested in Congress by the
Constitution, cannot be subject to
referendum until ninety days after
tehir effectivity. (Sec. 10, RA 6735)
B. Bicameral Congress
- Shall be vested in the Congress of the
Philippines which shall consist of a Senate and House
of Representatives, except to the extent reserved to
the people by the provision on initiative and
referendum.
1. Senate
- Senate shall be composed of 24 senators
who shall be elected at large by the
qualified voters of the Philippines, as may
be provided by the law.
Qualifications
- Senator: Natural Born, 35 y/o, able to
read and write, registered voter, resident
of Philippines for not less than 2 years.
- Member of the House of Representative-
NBC, 25 y/o on the day of election, able to
read and write, registered voter in the
district in which he shall be elected, and a
resident thereof for a period of not less
than one year immediately preceding the
day of the election.
Term-
- Senators- 6 years (Not more than two
consecutive terms)
- House of Representatives- 3 years (not
more than 3 consecutive terms).
- - The party list system is composed of three
2. House of Representatives
- Members of House Rep: not more than 250
members
- The voter elects two representatives in the
House of Representatives: one for his or her
legislative district, and another for his or her
party-list group or organization of choice.
a) District Representatives and
Mechanics of Apportionment
- The house of representatives shall
be composed of not more than 250 members,
unless otherwise fixed by law, who shall be
elected from legislative districts apportioned
among the provinces, cities, and the
metropolitan Manila area in accordance with
the number of their respective inhabitants,
and on the basis of a uniform and progressive
ratio, and those who, as provided by law, shall
be elected through a partylist system of
registered national, regional, and sectoral
parties or organizations.
 House of Representatives- Speaker
- Majority of each House shall constitute a
quorum to do business, but a smaller
number may adjourn from day to day and
may compel the attendance of absent
Members in such manner, and under such
penalties, as such House may provide.
- Each House may determine the rules of its
proceedings, punish its members for
disorderly behavior, and with the
concurrence of two thirds of all its
members, suspend or expel a Member.
 LEGISLATIVE DISTRICT
- As far as practicable, contiguous,
compact and adjacent territory.
 One representatives
- Each city with a population of at
least 250,000.
- Or every province.
b) Party-List System
- Party list representatives-20% of the total
number of representatives including those
under the party list. (Labor, peasant, urban
poor, indigenous cultural communities,
women, youth, and such other sectors as may
be provided by the law, except religious
sectors).
different groups:
a. National Parties or Organizations
b. Regional Parties or Organizations
c. Sectoral Parties or Organizations
- Qualifications of Party List Nominees:
i. NBC
ii. Resident of at least 1 year
immediately preceding the
day of election
iii. Bonafide member of the party
or organization which he
seeks to represent for at least
90 days preceding the day of
the election
 iv. At least 25 y/o on the day of
the election.
* A party list nominee must be a bona
fide member of the party or
organization which he or she seeks to
represent. In the case of sectoral
parties, to be a bona fide party-list
nominee one must either belong to
the sector represented, or have a
track record of advocacy for such
sector.
* National, regional, and sectoral
parties or organizations shall not be
disqualified if some of their nominees
are disqualified, provided that they
have at least one nominee who
remains qualified. (Atong Paglaum,
inc. vs COMELEC, GR No. 203766, April
2, 2013)
- Political Party vs Sectoral Party:
Political Party refers to an organized
group of citizens advocating an
ideology or platform, principles and
policies for the general conduct of
government. While Sectoral Party
refers to an organized group of
citizens belonging to any of the
sectors enumerated in Section 5
hereof whose principal advocacy
pertains to the special interest and
concerns of their sector.
- The nominees of the sectoral party either
must belong to the sector, or must have a
track record of advocacy for the sector
represented
C. Legislative Privileges, Disclosure of Financial
and Business Affairs, Prohibitions, Inhibitions,
and Disqualifications
PRIVILEGES
 Freedom from arrest in all offenses
punishable by not more than six years
imprisonment, be privileged from arrest
while the Congress is in session.
In PP vs Jalosjos, GR No 132875, Feb 3, 2000,
the SC denied the motion of Congressman
Jalosjos that he be allowed to fully discharged
the duties of a Congressman, including
attendance at legislative sessions and
committee hearings despite his having been
convicted by the trial court of a non-bailable
offense. The denial was premised on the ff:
i. Membership in congress does not
exempt an accused from statutes and
rules which apply to validly
incarcerated persons;
ii. One rationale behind confinement,
whether pending appeal or after
conviction, is public self-defense;
iii. It would amount to the creation of
privileged class, without justification
in reason;
iv. accused-appellant is provided with an
office at the House of Representatives
with a full complement of staff, as well
as an office at the Administration
Building, New Bilibid Prison, where
he attends to his constituents; he has,
therefore, been discharging his
mandate as member of the House of
Representatives, and being a detainee,
he should not even be allowed by the
prison authorities to perform these
acts.
v. A senator or member of the house of
Representatives shall, in all offenses
punishable by not more than six
years imprisonment, be privilege
from arrest while the Congress is in
session.
vi. Privilege for Speech and of Debate
(No member shall be questioned nor
be held liable in any other place for
any speech or debate in the Congress
or in any other committee thereof.)
FULL DISCLOSURE OF FINANCIAL AND
BUSINESS AFFAIRS
Upon assumption of office, must make a full
disclosure of financial and business interests.
Shall notify House concerned of a potential
conflict of interest that may arise from the filing
of the proposed legislation of which they are
authors. (Sec. 12, AD. VI)
PROHIBITION AND OTHER INHIBITIONS
 Non-appearance as counsel before any court
of justice or before the Electoral Tribunals, or
quasi-judicial and other administrative
bodies. Neither shall he, directly/indirectly be
interested financially in any contract with, or
in any franchise or special privilege granted
 by the Government, or any subdivision,
agency or instrumentality thereof, including
any GOCC or its subsidiary, during his term of
office. He shall not intervene in any matter
before any office of the Government for his
pecuniary benefit or where he may be called
upon to act on account of his office.
DISQUALIFICATIONS
 INCOMPATIBLE OFFICE- No senators 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 GOCC’s or
other subsidiaries during his term without
forfeiting his seat.
 Forfeiture of seat is automatic upon the
member’s assumption of such other office
deemed incompatible with his seat in
Congress. However, no forfeiture shall take
place if the member of the Congress holds the
other government office in an ex officio
capacity.
 Neither shall he be appointed to any office
which may have been created or the
emoluments thereof increased during the
term for which he was elected.
D. Quorum and Voting Majorities
 A majority of each House, but a smaller
number may adjourn from day to day and
may compel the attendance of absent
Members in such manner and under such
penalties as such House may determine.
Authority for the principle that the basis
in determining the existence of a quorum
in the Senate shall be the total number of
Senators who are in the country and
within the coercive jurisdiction of the
Senate.
E. Discipline of Members
 Suspension
4. Concurrence of 2/3 of ALL its
members and
5. Shall not exceed 60 days
 Concurrence of 2/3 of ALL its members
 The House of Represnetatives is the judge of
what constitutes disorderly behavior. The
courts will not assume jurisdiction in any
case which will amount to an interference by
the judicial department with the legislature.
(osmena vs Pendatun).
 Election as congressman did not amount to a
condonation of an offense; neither does
entitle him, pending appeal of his case, to be
free from confinement and be allowed to
attend sessions of congress, for the people
elected him with full awareness of the
limitations on his freedom of action and
movement. (PP vs Jalosjos)
 Determination of the acts which constitute
disorderly behavior is within the full
discretionary authority of the House
concerned, and the Court will not review such
determination, the same being a political
question. Osmena v. Pendatun
F. Process of Law-Making
1. Function of the Bicameral Conference
Committee – it is the power of the Bicameral
Conference Committee to include in its report an
entirely new provision that is not found either in the
House Bill or in the Senate Bill. And if the Committee
can propose an amendment consisting of one or two
provisions, there is no reason why it cannot propose
several provisions , collectively considered as “an
amendment in the nature of a substitute”, so long as
the amendment is germane to the subject of the bills
before the Committee (Tolentino vs Secretary of
Finance). Jurisdiction of the Conference Committee is
not limited to resolving differences between the
Senate and the House versions of the bill. It may
propose an entirely new provision.
2. Limitations on Legislative Power
a) Limitations on Revenue,
Appropriations, and Tariff
b) Presidential Veto and
Congressional Override
G. Rules on Appropriation and Re-Alignment
4. Under the Constitution, the power of
appropriation is vested in the Legislature, subject
to the requirement that appropriation bills
originate exclusively in the House of
Representatives with the option of the Senate to
propose or concur with amendments. While the
budgetary process commences from the proposal
submitted by the President to Congress, it is the
latter which concludes the exercise by grafting an
appropriation act it may deem beneficial to the
nation, based on its own judgment, wisdom and
purposes.
GAA PROCESS designated by  Twelve Senators, and;
1. BUDGET PREPARATION- first step is the Chief Justice;  Twelve Members of the
essentially tasked upon the Executive  6 Members of House of
Branch and covers the estimation of Senate or HOR Representatives, elected
government revenues, the determination chosen on the by each House on the
of budgetary priorities and activities basis of basis of proportional
proportional representation from the
within the constraints imposed by
representation political parties and
available revenues and by borrowing
* Senior justice in the parties or organizations
limits, and the translation of desired electoral tribunal shall registered under the
priorities and activities into expenditure be its chairman. party-list system
levels. represented therein.
2. LEGISLATIVE AUTHORIZATION-
Congress enters the picture and *The chairman of the
deliberates or acts on the budget Commission shall not vote,
proposals of the President, and Congress except in case of a tie. 
in the exercise of its own judgment and
wisdom.
3. BUDGET EXECUTION- 
4. BUDGET ACCOUNTABILITY- Evaluation Rule 6(a) requiring
of actual performance and initially the presence of at
approved work targets, obligations least one Justice in
incurred, personnel hired and work order to constitute a
accomplished are compared with the quorum
targets set at the time the agency budgets
were approved. Rule 6(a) of the 2015
In allowing the direct allocation and release HRET Rules does not
of the PDAF funds to the Members of the make the Justices
Congress based on their own list of proposed indispensable
projects, did the implementation of the PDAF members to
provision under the GAA of 2004 violates the constitute a quorum
Constitution or the laws? but ensures that
- No, in determining whether or not a representatives from
statute is unconstitutional, the Court does both the Judicial and
not lose sight of the presumption of Legislative
validity accorded to statutory acts of departments are
Congress. In Farias v. The Executive present to constitute
Secretary, the court held that ‘every a quorum.
Statute is presumed valid. The
presumption is that the legislature
intended to enact a valid, sensible and The Electoral Tribunals and the Commission on
just law and one which operates no Appointments shall be constituted within thirty days
further than may be necessary to after the Senate and the House of Representatives shall
effectuate the specific purpose of the law.’ have been organized with the election of the President
and the Speaker. The Commission on Appointments
H. Electoral Tribunals and Commission on shall meet only while the Congress is in session, at the
Appointments call of its Chairman or a majority of all its Members, to
1. Composition discharge such powers and functions as are herein
conferred upon it.
ELECTORAL COMMISSION ON
TRIBUNAL APPOINTMENTS
(9 Members)
 3 Supreme Court  President of the Senate, 3. Powers and Jurisdiction
Justices as ex officio Chairman;
ELECTORAL COMMISSION ON determined may still shall be subject to
TRIBUNAL APPOINTMENTS be exercised even confirmation by the
Sole Judge of all contests The Commission shall without an election CA.
relating to the “election, act on all appointments contest.
returns, and submitted to it within
qualifications of the thirty session days of
members of the Senate” the Congress from their
To be considered a submission. The
Member of HOR, there Commission shall rule  Judicial review of Appointments
must be a concurrence by a majority vote of all decisions of the ETs extended by the
of ff requisites: the Members may be had with the President to the
 Valid SC only insofar as the above-mentioned
Proclamation decision or positions while
 Proper oath resolution was Congress is not in
 Assumption of rendered without or session shall only be
office in excess of effective until
jurisdiction or with disapproval by the CA
1.)    Each ET shall be   CA shall confirm the grave abuse of or until the next
the sole judge of all appointments by the discretion adjournment of
CONTESTS relating to President with constituting denial Congress.
the election, returns, respect to the of due process.
and qualifications of following positions:
their respective
members.  This 1. Heads of the
includes determining Executive
the validity or Departments  AD INTERIM APPOINTMENT VS
invalidity of a (except if it is the APPOINTMENT IN AN ACTING CAPACITY-
proclamation Vice-President Ad Interim Appointment are extended only
declaring a particular who is appointed during a recess of the Congress, whereas in
candidate as the to the post). Appointment in Acting Capacity may be
winner. 2. Ambassadors, extended any time there is vacancy. Ad
other public Interim are submitted to the Commission on
2.)    An ‘election ministers or Appointments for rejection or confirmation;
contest’ is one where consuls. Acting appointments are not submitted to the
a defeated candidate 3. Officers of the AFP Commission on Appointments. Acting
challenges the from the rank of appointments are a way of temporarily filing
qualification and Colonel or Naval important offices, but if abused, they can also
claims for himself the Captain: and be a way of circumventing the need for
seat of a proclaimed 4. Other officers confirmation by the Commission on
winner. whose Appointments.
appointments are  Is the appointment of President of acting
3.)    In the absence of vested in him by secretaries without the consent of the
an election contest, the Constitution Commission of Appointments while the
the ET is without (e.g. COMELEC congress is in session constitutional?
jurisdiction.  members).  Yes, the essence of an appointment in an
However, the power acting capacity is its temporary nature. It
of each House to expel Congress CANNOT by is a stop-gap measure intended to fill an
its own members or law prescribe that the office for a limited time until the
even to defer their appointment of a appointment of a permanent occupant to
oath-taking until their person to an office the office.
qualifications are created by such law
I. Powers of Congress
1. Legislative Inquiries and the Oversight
Functions
- Either House or any of their committees
may conduct inquiries ‘ in aid of legislation’.
In aid of Legislation does not mean that there
is pending legislation regarding the subject of the
inquiry. In fact, investigation may be needed for
purposes of proposing future legislation.
If the purpose of the investigation is to
determine the existence of violations of the law, the
investigation is no longer ‘in aid of legislation’ but in
aid of prosecution’.
- Bengzon vs. Senate Blue Ribbon (203
SRCA 76)- An investigation that seeks the
determination whether a law has been
violated is not in aid of legislation but in aid
of prosecution, and therefore, violative of
separation of powers. To allow the
Committee to investigate the matter would
create the possibility of conflicting
judgments; and that the inquiry into the
same justiceable controversy would be an
encroachment on the exclusive domain of
judicial jurisdiction that had set in much
earlier (investigation was not in aid of
legislation).
- Standard Chartered Bank vs. Senate
Committee on Banks, GR No. 167173,
December 27, 2007- the mere filing of a
criminal or an administrative complaint
before a court or quasi-judicial body should
not automatically bar the conduct of
legislative inquiry, otherwise, it would be
extremely easy to subvert any intended
inquiry by Congress through the
convenient ploy of instituting a criminal or
an administrative complaint.
- Philcomsat Holdings Corporation vs.
Senate of the Philippines, GR No.
180308, June 19, 2012- the wide latitude
given to the Congress in the conduct of
legislative inquiries and would not fault the
Senate for approving the resolution on the
very same day that it was submitted. The
court also held that the petitioners were
invited as resource persons at the
inquiry, and as such, they do not have
the constitutional right to counsel.
OVERSIGHT
 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 post-enactment 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 (e) to assess executive
conformity with the congressional
perception of public interest.
CATEGORIES OF OVERSIGHT POWERS OF
CONGRESS:
1. SCRUTINY- implies a lesser intensity and
continuity of attention to administrative
operations. Its primary purpose is to
determine economy and efficiency of the
operation of the government activities. In the
exercise of legislative scrutiny, Congress may
request information and report from the
other branches of the government. It can give
recommendations or pass resolutions for
consideration of the agency involved.
2. CONGRESSIONAL INVESTIGATION-
Involves more intense digging of the facts.
3. LEGISLATIVE SUPERVISION- connotes a
continuing and informed awareness on the
part of a congressional committee regarding
executive operations in a given
administrative area. It allows congress to
scrutinize the exercise of delegated law
making authority, and permits Congress to
retain part of the delegated authority
2. Non-Legislative
a) Informing Function

b) Power of Impeachment
 The House of Representative shall have the
exclusive power to initiate all cases of
impeachment.(3) A vote of at least 1/3 of all
the Members of the House shall be necessary
either to affirm a favorable resolution with
the Articles of Impeachment of the
Committee, or override its contrary
resolution.
 Conviction in the impeachment proceeding is
not required before the before the public
officer subject of impeachment proceeding is
not required before the public officer subject
of impeachment may be prosecuted, tried and
punished for criminal offenses committed.
 To initiate impeachment- proceeding is
initiated or begins, when a verified complaint
is filed and referred to the Committee on
Justice.(Francisco vs HOR)
 A vote of 1/3 of all the members of the House
shall be necessary either to affirm a favorable
resolution with the Articles of Impeachment
of the Committee to override its contrary
resolution with the Articles of Impeachment
of the Committee or override its contrary
resolution.
 quo warranto and impeachment may proceed
independently of each other as these
remedies are distinct as to (1) jurisdiction (2)
grounds, (3) applicable rules pertaining to
initiation, filing and dismissal, and (4)
limitations. quo warranto proceeding is the
proper legal remedy to determine the right or
title to the contested public office or to oust
the holder from its enjoyment. In quo
warranto proceedings referring to offices
filled by election, what is to be determined is
the eligibility of the candidates elected, while
in quo warranto proceedings referring to
offices filled by appointment, what is
determined is the legality of the appointment.
(Republic vs Ma. Lourdes Sereno, GR 237428,
May 11, 2018)
 Quo warranto and impeachment are, thus,
not mutually exclusive remedies and may
even proceed simultaneously. The
existence of other remedies against the
usurper does not prevent the State from
commencing quo warranto proceeding.
 The Supreme Court's exercise of its
jurisdiction over quo warranto petition is
not violative of the doctrine of separation
of powers.
Section 3(1) and 3(6), Article XI, of the
Constitution respectively provides that 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. Thus, there is no argument
that the constitutionally-defined
instrumentality which is given the power to
try impeachment cases is the Senate.
Nevertheless, the Supreme Court's
assumption of jurisdiction over an action for
quo warranto involving person who would
otherwise be an impeachable official had it
not been for disqualification, is not violative
of the core constitutional provision that
impeachment cases shall be exclusively tried
and decided by the Senate.
EXECUTIVE DEPARTMENT
A. NATURE OF EXECUTIVE POWER
1. IN RELATION TO THE
IMPLEMENTATION OF LAWS
(INCLUDING DELEGATED POWERS)
 The executive power is the power to
enforce and administer the laws. The
president is vested with the power to
execute, administer and carry out laws
into practical operation.
2. EXPRESS OR IMPLIED (INCLUDING
THE FAITHFUL EXECUTION OF
LAWS AND RESIDUAL POWERS)
 A. B CONCEPT OF PRESIDENTIAL IMMUNITY THE TERM:
*Death, permanent
1. CONDUCT COVERAGE
disability, removal
2. WAIVER AND EXCEPTIONS from office, or
A. C CONCEPT OF EXECUTIVE PRIVILEGES resignation of the
1. TYPES President- VP shall
become the President.
2. WHO MAY INVOKE *No Pres and VP-
A. D QUALIFICATIONS, ELECTION, TERM Senate President and
OF THE PRESIDENT AND VICE the Speaker of the
House
PRESIDENT,AND RULES ON SUCCESSION
PRESIDENT V-PRESIDENT Constitutional Duty
QUALIFICATIONS * NATURAL BORN *the same as the of Congress in case of
*REGISTERED VOTER President, but no VP the vacancy in the
* ABLE TO READ AND shall serve for more Offices of Pres and
WRITE than 2 successive VP: At 10 am of the
* AT LEAST 40 Y/O terms. 3rd day after the
RESIDENT OF vacancy occurs,
*ATLEAST 10 YEARS Congress shall
OF RESIDENCY convene without
IMMEDIATELY need of a call, and
PRECEDING SUCH within 7 days enact a
ELECTION law calling for a
ELECTION * REGULAR special election to
ELECTION: 2ND elect Pres and VP to
MONDAY OF MAY be held npt earlier
*CONGRESS AS than 45 nor later
CANVASSING BOARD than 60 days from
* SUPREME COURT AS the time of such call.
PRESIDENTIAL
ELECTORAL
TRIBUNAL- Supreme
court en banc is the
sole judge of all
contests relating to A. E OTHER PRIVILEGES, INHIBITIONS, AND
the election, returns
and qualifications of DISQUALIFICATIONS
the President and Vice  Immunity from suit- While the President is
President, and may immune from suit, she may not be prevented
promulgate rules for
the purpose. from instituting suit.
TERM *6 years  In Forbes vs Chuoco Tiaco, the Supreme
*No re-election of a Court said that the President is immune
person who succeeded
as President and has from civil liability.
served as such for  It is a settled jurisprudence that the
more than 4 years; President enjoys immunity from suit
during his or her tenure of office or actual
SUCCESSION VACANCY AT THE VACANCY IN THE
BEGINNING OF THE Office: The President incumbency. Conversely, this presidential
TERM shall nominate a VP privilege of immunity cannot be invoked
*Death/Permanent from among the by a non-sitting president even for acts
Disability of the members of the Senate
President elect: VP- and the House of committed during his or her tenure. In
elect shall become the Representatives who the case at bar, the events occurred
President. shall assume office during the incumbency of former
*Pres-elect fails to upon confirmation by a
qualify/ have not been majority vote of all the President Arroyo. In that respect, it was
chosen- VP-Elect shall Members of both proper for the court a quo to have
act as the President Houses of Congress dropped her as a respondent on account
until the President voting separately.
elect shall have
of her presidential immunity from suit. It
qualified/ shall have must be underscored, however, that since
been chosen her tenure of office has already ended,
former President Arroyo can no longer
VACANCY DURING
 invoke the privilege of presidential
immunity as a defense to evade judicial
determination of her responsibility or
accountability for the alleged violation or
threatened violation of the right to life,
liberty and security of Lozada. (Lozada Jr.
et.al. vs. Macapagal-Arroyo, GR No.
184379-80, April 24, 2012)
 The Right of the President and high-level
executive branch officials to withhold
information from Congress, the courts, and
ultimately the public. Thus, presidential
conversations, correspondences or
discussions during closed-door Cabinet
meetings, like the internal deliberations of
the Supreme Court and other collegiate
courts, or executive sessions of either House
of Congress, are recognized as confidential.
This kind of information cannot be pried open
by a co-equal branch of government (Senate
v. Ermita, GR No. 169777, April 20, 2006).
 PROHIBITIONS AND INHIBITIONS
 Shall not receive any other emoluments
from the government or any other source.
 Shall not hold any other office or
employment unless otherwise provided
by the Constitution;
 Note, however that the VP
may be appointed to the
Cabinet, w/o need of
confirmation by the
Commission on
Appointments; and the
Secretary of Justice is an ex
officio member of the JBC;
 This prohibition must not,
however, 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.
 Shall not directly or indirectly practice
any other profession, participate in any
business, or be financially interested in
any contract with, or in any franchise or
special privilege granted by the
government or any subdivision, agency,
or instrumentality thereof, including
GOCC’s or their subsidiaries.
 Strictly avoid conflict of interest in the
conduct of their office
 May not appoint spouse or relatives by
consanguinity or affinity within the fourth
civil degree as Members of Concomm, or
office of the Ombuds, Secretaries,
undersecretaries, chairmen or heads of
teh bureaus or offices, including GOCC
and their subsidiaries.
A. F POWERS OF THE PRESIDENT
1. EXECUTIVE AND ADMINISTRATIVE
POWERS
 The Executive Power shall be vested in
the President of the Philippines… He shall
ensure that the laws be faithfully
executed.
 The executive power is the power to
enforces and administer the laws. In
National Electrification Administration v.
CA, GR No. 143481, Feb 15, 2002, the SC
said that as the administrative head of the
government, the President is vested with
the power to execute, administer and
carry out laws into practical operation.
Executive power, then, is the power of
carrying out the laws into practical
operation and enforcing their due
observance.
 Under Sec. 31(1) of EO 292, the President
can reorganize the Office of the President
proper by abolishing, consolidating or
merging units, or by transferring
functions from one unit to another. In
contrast, under Sec. 31(2) and (3), of the
President’s power to reorganize offices
outside the Office of the President Proper
is limited to merely transferring functions
or agencies from the Office of the
President to Departments or Agencies
and vice versa (Domingo vs Zamora, GR
142283, Feb 6, 2003)
 The President has the authority to carry
out a reorganization of the Department of
Health under the Constitution and
statutes. This authority is an adjunct of
the President’s power of control under
Art. VII, Secs. 1 and 17, and it is also an
exercise of his “residual powers”.
 However, the President must exercise
good faith in carrying out the
reorganization of any branch or agency of
the executive department.
 It is not the president to determine the
validty of the law since this is a question
addressed to the judiciary. Thus, until and
unless a law is declared unconstitutional,
the President has a duty to execute it
regardless of his doubts on its validity
 Powers of the President that can be
delegated:
i. Those that are considered to be in the
expertise of cabinet members;
ii. Those that require focus on a welter
of time consuming detailed activities,
which would unduly hamper the
President’s effectivity in running the
government, those involving the
formulation and execution of schemes
pursuant to the policy publicly
expressed by the President himself or
herself;
iii. Though of vital public interest, those
only from any extraordinary incident
but from the established functions of
governance. (DTI vs Enriquez, GR
22301)
2. POWER OF APPOINTMENT
 The President shall nominate and, with
the consent of. the Commission on
Appointments, appoint the heads of the
executive departments, ambassadors,
other public ministers and consuls, or
officers of the armed forces from the rank
of colonel or naval captain, and other
officers whose appointments are vested
in him in
this Constitution. He shall also appoint all
other officers of the Government whose
appointments are not otherwise provided
for by law, and those whom he may be
authorized by law to appoint. The
Congress may, by law, vest the
appointment of other officers lower in
rank in the President alone, in the couds,
or in the heads of departments, agencies,
commissions or boards."].Sec. 16, Art. VII
 Permanent appointments are those
extended to persons possessing the
qualifications and the requisite eligibility
and are thus protected by the
constitutional guarantee of security of
tenure. A temporary appointment and a
designation are not subject to
confirmation by the Commission on
Appointments. Such confirmation, if given
erroneously, will not make the incumbent
a permanent appointee (Valencia v.
Peralta, 8 SCRA 692).

A. PROCESS OF
CONFIRMATION BY THE
COMMISSION
 STEPS IN APPOINTING PROCESS:
o Nomination by the President
o Confirmation by the Commission
on Appointments;
o Issuance of the commission;
o Acceptance by the appointee- the
Supreme Court declared that an
appointment is deemed complete
only upon its acceptance. Pending
such acceptance, which is optional
to the appointee, the appointment
may still be validly withdrawn.
B. BY-PASSED APPOINTMENTS
AND THEIR EFFECTS
 When an ad interim appointment is by-
passed because of lack of time or failure
of the Commission on Appointments to
organize, there is no final decision by the
Commission to give or withhold its
consent to the appointment. Absent such
decision, the President is free to renew
the ad interim appointment (Matibag v.
Benipayo)
C. APPOINTMENTS BY AN
ACTING PRESIDENT
 Appointments extended by an acting
President shall remain effective unless
revoked by the elected President within
ninety days from his assumption of office
(Sec. 14, Art. VIII)
D. SCOPE OF MIDNIGHT
APPOINTMENTS
 Two months immediately before the next
presidential elections and up to the end of
his term, a President or acting President
shall not make appointments except
temporary appointments to executive
positions when continued vacancies
therein will prejudice public service or
 endanger public safety (Sec. 15, Art.
VII)
 The constitutional prohibition on
midnight appointments, specifically, those
made within two months immediately
prior to the next presidential election,
applies only to the President or Acting
President.
 It does not applies to appointments made
by local chief executive. In truth and in
fact, there is no law that prohibits local
elective officials from making
appointments during the last days of his
or her tenure.
E. RECESS OF AD-INTERIM
APPOINTMENTS
 One made by the President while
Congress is not in session, takes effect
immediately. But ceases to be valid if
disapproved by the Commission on
Appointments or upon the next
adjournment of Congress.
 An ad interim appointment is a
permanent appointment because it takes
effect immediately and can no longer be
withdrawn by the President once the
appointee has qualified into office. The
fact that it is subject to confirmation by
the Commission on Appointments does
not alter its permanent character
(Matibag v. Benipayo, GR No. 149036,
April 2, 2002)
 doctrine is in recognition of the fact that
F. POWER OF REMOVAL
 As a general rule, the power of removal
may be implied from the power of
appointment. However, the President
cannot remove officials appointed by him
where the Constitution prescribes certain
methods for separation of such officers
from public service, e.g. Chairmen and the
Commissioners of Constitutional
Commissions who can be removed only
by impeachment, or judges who are
subject to the disciplinary authority of the
Supreme Court. In the cases where the
power of removal is lodged in the
President, the same may be exercised
only for cause as may be provided by law,
and in accordance with the prescribed
administrative procedure.
 RA 6656 enumerates the circumstances
which may be considered as evidence of
bad faith in the removal of civil service
employees as a result of reorganization:
 Where there
3. POWER OF CONTROL AND
SUPERVISION
 Control is the power of an officer to alter
or modify or nullify or set aside what a
subordinate officer had done in the
performance of his duties and to
substitute the judgment of the former for
that of the latter (Mondano v. Silvosa)
 Supervision overseeing, or the power or
authority of an officer to see that
subordinate officers perform their duties,
and if the supervision fail or neglect to
fulfill them, then the control may take
such action or steps as prescribed by law
to make them perform these duties.
A. DOCTRINE OF QUALIFIED
POLITICAL AGENCY
 Also known as the alter ego principle.
Under this doctrine of qualified political
agency essentially postulates that the
heads of the various executive
departments are the alter egos of the
President, and, thus the actions taken by
such heads in the performance of their
official duties are deemed the acts of the
President unless the President himself
should disapprove such acts. This
in our presidential form of government,
all executive organizations are adjuncts of
a single Chief Executive; that the heads of
the Executive Departments are assistant
and agents of the Chief Executive are
performed through the Executive
Departments. The doctrine has been
adopted here out of practical necessity,
considering that the president cannot be
expected to personally the multifarious
functions of the Executive Office.(DOTI vs
Enriquez, GR. 225301, June 2, 2020)
 The power of the President to reorganize
the National Government may validly be
delegated to his Cabinet Members
exercising control over a particular
executive department.

 B. EXECUTIVE DEPARTMENTS
AND OFFICES
 The power to abolish an office is generally
lodged in the legislature, the authority of
the President to reorganize the executive
branch, which may incidentally include
such abolition, is permissible under
present laws (MEWAP vs. Romulo, GR No.
160093, July 31, 2007)
 But the power of control may be exercised
by the President only over the acts, not
over the actor.(Angangco v. Castillo, 9
SCRA 619)
 The President’s power to reorganize the
executive branch is also an exercise of his
residual powers under Section 20, Title 1,
Book II, EO 292, which grants the
President broad organization powers to
implement reorganization measures.
Further, PD 1772, which amended PD
1416, grants the President the continuing
authority to reorganize the national
government which includes the power to
group, consolidate bureaus and agencies,
to abolish offices, ton transfer functions,
to create and classify functions, services
and activities, and to standardize salaries
and materials (MEWAP vs Romulo).
 RA 6656 enumerates the circumstances
which may be considered as evidence of
bad faith in the removal of civil service
employees as a result of reorganization:
I. Where there is a significant
increase in the number of
positions in the new staffing
pattern of the department of
agency concerned;
II. Where an office is abolished and
another performing substantially
the same function is created;
III. Where the incumbents are
replaced by those less qualified in
terms of status of appointment,
performance and merit;
IV. Where there is a classification of
offices in the department or
agency concerned and the
reclassified offices perform
substantially the same functions
as the original offices;
V. Where the removal violates the
order of separation.
C. LOCAL GOVERNMENT UNITS
 The President exercises only the power of
general supervision over local
governments.
 On the President’s power of general
supervision, however, the President can
only interfere in the affairs and activities
of a local government unit if he or she
finds that the latter had acted contrary to
law. The President or any of his alter egos,
cannot interfere in local affairs as long as
the concerned LGU acts within the
parameters of the law and the
Constitution.
4. EMERGENCY POWERS
5. COMMANDER-IN-CHIEF POWERS
(GRADUATED POWERS)
 “The President shall be the Commander-in-
Chief of all armed forces of the
Philippines…”
 The vitality of the tenet that the President
is the commander-in-chief of the AfP is
most crucial to the democratic way of life,
to civil supremacy over the military, and
to the general stability of our
representative system of government.
The Court quoted Kapunan v. De Villa:
“The Court is of the view that such is
justified by the requirements of military
discipline. It cannot be gainsaid that
certain liberties of persons in the military
service, including the freedom of speech,
may be circumscribed by rules of military
discipline. Thus, to a certain degree,
individual rights may be curtailed, because
the effectiveness of the military in fulfilling
its duties under the law depends to a large
extent on the maintenance of discipline
within its ranks. Hence, lawful orders must
be followed without questions and rules
must be faithfully complied with,
irrespective of a soldier’s personal view on
the matter”
 The 1987 Constitution gives the
president, as Commander-In-Chief, a
“sequence” of “graduated powers”. These
are the: calling out power, power to
suspend the privilege of the writ of
 habeas corpus and the power to declare a
martial law. It must be stressed, however,
that the graduation refers only to
hierarchy based on scope and effect. It
does not in any manner refer to a
sequence, arrangement or order which
the Commander-in-chief must follow.
These extraordinary powers are
conferred to the Pres, it therefore
necessarily follows that the power and
prerogative to determine, also lies, at
least initially with the President. The
power to choose, initially, which among
these extraordinary powers to wield in a
given set of conditions is a judgment call
on the part of the President.
A. CALLING OUT POWERS
 Under the calling out power, the
President may summon the armed forces
to aid her in suppressing lawless violence,
invasion or rebellion; this involves
ordinary police action. But every act that
goes beyond the President’s calling-out
power is considered illegal or ultra vires.
For this reason, a President must be
careful in the exercise of her power. She
cannot invoke a greater power when she
wishes to act under a lesser power.
 In IBP vs Zamora, GR No. 141284, Aug. 15,
2000, the Sc said that the President calls
out the AFP to suppress lawless violence,
rebellion or invasion, he necessarily
exercise a discretionary power solely
vested in his wisdom. The Court cannot
overrule the President’s discretion or
substitute its own. The only criterion is
that “whenever it becomes necessary”,
the President may call out the armed
forces. In the exercise of the power, on the
spot decisions may be necessary in
emergency situations to avert great loss
of human lives and mass destruction of
property. Indeed, the decision to call out
the armed forces must be done swiftly
and decisively if it were to have any effect
at all,
B. DECLARATION OF MARTIAL
LAW AND THE SUSPENSION
OF THE PRIVILEGE OF THE
WRIT OF HABEAS CORPUS
(INCLUDING EXTENSION OF
PERIODS)
Suspension of the Privilege of the Writ of Habeas
Corpus
 Grounds: Invasion or rebellion, when
public safety requires it.
 It shall not exceed sixty days, following
which it shall be lifted, unless extended by
the Congress.
 The president has the duty to report
action to Congress within 48 hours,
personally or in writing;
 Congress may revoke or extend on
request of the President the effectivity of
proclamation by a majority vote of all its
members, voting jointly;
 The suspension of the privilege of the writ
does not impair the right to bail. (Sec. 13,
Art. III)
 The suspension applies only to persons
judicially charged for rebellion or
offenses inherent in or directly connected
with invasion.
 During the suspension of the privilege of
the writ, any person thus arrested or
detained shall be judicially charged
within three days, otherwise he shall be
released.
MARTIAL LAW
 A state of martial law does not suspend
the operation of the Constitution, nor
supplant the functioning of the civil
courts or legislative assemblies, nor
authorize the conferment of jurisdiction
on military courts and agencies over
civilians where civil courts are able to
function, nor automatically suspend the
privilege of the writ. (Sec. 18, Art. VII)
CONGRESSIONAL CHECK ON THE PRESIDENT’S
MARTIAL LAW AND SUSPENSION OF POWERS
 Congressional check on the President’s
martial law and suspension powers thus
consists of:
o The power to review the President’s
proclamation of martial law or
suspension of the privilege of the writ
of habeas corpus, and to revoke such
proclamation or suspension. The
review is “automatic in the sense that
it may be activated by Congress itself
at any time after the proclamation or
 suspension is made.” The Congress
decision to revoke the proclamation
or suspension cannot be set aside by
the President; and
o Second, the power to approve any
extension of the proclamation or
suspension, upon the President’s
initiative, for such period as it may
determine, if the invasion or rebellion
persists and public safety requires it.
(Lagman vs Pimentel)
6. PARDONING POWERS
 Except in cases of impeachment, or as
otherwise provided in the Constitution,
the President may grant reprieves,
commutations, and pardons, and remit
fines and forfeitures, after conviction by
final judgment. He shall also have the
power to grant amnesty with the
concurrence of a majority of all the
members of the Congress.
A. SCOPE AND LIMITATIONS
 Exercised by the President and may not
be controlled by the legislature or
reversed by the courts, unless there is a
constitutional violation.
 LIMITATIONS:
i. Cannot be granted in cases of
impeachement;
ii. Cannot be granted in cases of
violation of election laws without
favorable recommendation of the
COMELEC.
iii. Can be granted only after conviction
by final judgment-1987 Constitution
prohibits the grant of pardon,
whether full or conditional to an
accused during the pendency of his
appeal from the judgment of
conviction by the trial court. Any
application for pardon should not be
acted upon, or the process towards its
grant should not begin, unless the
appeal is withdrawn.
iv. Cannot be granted in administrative
contempt or civil contempt
v. Cannot absolve the convict of civil
liability
vi. Cannot restore public offices forfeited.
B. FORMS OF EXECUTIVE
CLEMENCY
 Pardon- An act of grace which exempts
the individual on whom it is bestowed
from the punishment that the law inflicts
for the crime he has committed.
i. Plenary or Partial
ii. Absolute or conditional
 Commutation- Reduction or mitigation of
the penalty
 Reprieve- Postponement of a sentence or
stay of execution
 Parole- Release from imprisonment, but
without full restoration of liberty, as
parolee is still in the custody of the law
although not in confinement.
 Amnesty- Act of grace, concurred in by
the legislature, usually extended to
groups of persons who committed
political offenses, which puts into oblivion
the offense itself.
-In PP vs Patriarca, GR
135457, Sept 29, 2000 it was
held that the person released
under an amnesty
proclamation stands before
the law precisely as though he
had not committed no offense.
- In Vera vs PP, 7 SCRA 152, it
was held that to avail of the
benefits of an amnesty
proclamation, one must admit
his guilt of the offense covered
by the proclamation.
7. FOREIGN RELATIONS POWERS
A. IN GENERAL
 No treaty or international agreement
shall be valid and effective unless
concurred in by at least 2/3 of all the
members of the senate.
 International Agreements which involve
political issues or changes of national
policy and those involving international
arrangements of a permanent character
take the form of a treaty.
 The role of the President as the executor
of the law includes the duty to defend the
state, for which purpose he may use that
power in the conduct of foreign relations.
 B. TO CONTRACT OR
GUARANTEE FOREIGN
LOANS
C. ENTRY INT TREATIES OR
INTERNATIONAL
AGREEMENTS
 In fine, the presidential role in foreign
affairs is dominant and the President is
traditionally accorded a wider degree of
discretion in the conduct of foreign
affairs. The regularity, nay, validity of his
actions are adjudged under less stringent
standards, lest their judicial repudiation
lead to breach of an international
obligation, rupture of state relations,
forfeiture of confidence, national
embarrassment and a plethora of other
problems with equally undesirable
consequences.
 As the sole organ of our foreign relations
and the constitutionally assigned chief
architect of foreign policy, the President is
vested with the exclusive power to
conduct and manage the country’s
interface with other states and
governments.
 The constitutional mandate emanates
from the inherent power of the President
to enter into agreements with other
states, including prerogative to conclude
binding executive agreements that do not
require further Senate concurrence.
 The constitutional mandate of the
participation of the legislative branch in
the treaty-making process was deemed
essential to provide a check on the
executive in the field of foreign relations.
By requiring the concurrence of the
legislature in the treaties entered into by
the President, the Constitution ensures a
healthy system of checks and balance
necessary in the nations pursuit of
political maturity and growth.
 The usual steps in the treaty-making
process are:
1. Negotiation- Brief or protracted,
depending on the issues involved,
and may even collapse in case the
parties are unable to come to an
agreement on the points under
consideration.
2. Signature- If and when the
negotiators finally decide on the
terms of the treaty, the same is
opened for signature. This step is
primarily intended as a means of
authenticating the instrument and
for the purpose of symbolizing the
good faith of the parties; but,
significantly, it does not indicate
the final consent of the state in
cases where ratification of the
treaty is required.
3. Ratification- is the formal act by
which a state confirms and
accepts the provisions of a treaty
concluded by the representatives.
It enables the contracting states to
examine the treaty more closely
and to give them an opportunity
to refuse to be bound by it should
they find it inimical to their
interests.
4. exchange of the instruments
for the ratification. – signifies
the effectivity of the treaty unless
a different date has been agreed
upon by the parties.
 As earlier discussed, the signing of the
treaty and ratification are two separate
and distinct steps in the treaty making
process. As earlier discussed, the
signature is primarily intended as a means
of authenticating the document and as a
symbol of good faith of the parties.
Ratification, on the other hand, is the
formal act by which a state confirms and
accepts the provisions of a treaty
concluded by its representative.
 It should be emphasized that under our
Constitution, the power to ratify is vested
in the President, subject to the
concurrence of the Senate. The role of the
senate , however, is limited only to giving
or withholding its consent, or
concurrence, to the ratification. Hence, it
is within the authority of the President to
refuse to submit atreaty to the Senate or,
having secured its consent for its
ratification, refuse to ratify it.(Pimentel vs
Executive Secretary)
 8. POWERS RELATIVE
APPROPRIATION MEASURES
9. VETO POWERS
JUDICIAL DEPARTMENT
A. CONCEPT OF JUDICIAL POWER
Includes the duty of the courts of justice to
settle actual controversies involving rights
which are legally demandable and
enforceable, and to determine whether or not
there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of
the Government. (Sec. 1, par. 2, Art. VIII).
Vested in one Supreme Court and in such
lower courts as may be established by law.
Jurisdiction is defines as the power to hear
and decide a case.
The supreme court has the following powers:
1. Exercise original jurisdiction over cases
affecting ambassadors, other public ministers
and consuls, land over petitions for certiorari,
prohibition, mandamus, and habeas corpus;
2. Review, revise, reverse, modify or affirm on
appeal or certiorari as the law or the ROC
may provide, final judgments and orders of
lower courts;
> All cases which the constitutionality or
validity of any treaty, international
agreements, law, presidential decree,
proclamation, order, instruction, ordinance,
or regulation is in question;
TO > All cases involving the legality of any tax,
impost, assessment, or toll, or any penalty
imposed in relation thereto
> All cases in which the jurisdiction of the any
lower court is in issue
> All criminal cases in which the penalty
imposed is reclusion perpetua or higher
> All cases in which only an error or question
of law is involved.
B. JUDICIAL REVIEW
a. REQUISITES
 Actual case or controversy- involves a
conflict of legal rights, an assertion of
opposite legal claims, susceptible of
judicial resolution as distinguished from a
hypothetical or abstract difference or
dispute.
 Requirement is the requirement of
“ripeness” for adjudication.
 Raised by proper party/legal
standing/locus standi- defined as 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.
 Taxpayer, voters, concerned
citizen, and legislator may be
accorded standing to sue provided
that the following requirements
are met:
i. cases involved constitutional
issue;
ii. taxpayers, there must be a
claim of illegal disbursement
of public funds or that the tax
measure is unconstitutional; a
taxpayer is allowed to sue
where there is a claim that
public funds are illegally
disbursed, or that the public
money is being deflected to
any improper purpose, or that
there is a wastage of public
funds through the
enforcement of an invalid or
unconstitutional law.
(Constantino, Jr. vs Cuisia, GR
No. 106064, October 13, 2005)
iii. for voters, showing of
obvious interest in the validity
of the election law in question;
 iv. Concerned citizen, showing
of the issues raised are of
transcendental importance
which must be settled early;
and
v. For legislators, there must be
a claim that the official action
complained of infringes upon
their prerogatives as
legislators.
(Macalintal vs PET, GR No.
191618, 11/23/2010)
 Earliest possible opportunity
 Lis mota/ decision of constitutional
question must be necessary to the
determination of the case itself.
b. POLITICAL QUESTIONS DOCTRINE
-A political question of policy, which is to be decided
by the people in their sovereign capacity or by the
legislative or the executive branch of the government
to which full discretionary authority has been
delegated. (Association of Small Landowners in the
Philippines vs Secretary of Agrarian Reform, GR No.
78742, July 14, 1989)
c. MOOT QUESTIONS
moot and academic case is one that ceases to
present a justiciable controversy by virtue of
supervening events (Province of Batangas vs
Romulo, GR 152774, May 27, 2004) so that a
declaration thereon would be of no practical
use or value. Generally courts decline
jurisdiction over such case or dismiss it on
the ground of mootness.
However, the moot and academic principle is
hot a magical formula that can be
automatically dissuade the courts from
resolving the case. In David vs Macapagal
Arroyo, it was held that courts will still decide
cases otherwise moot and academic if:
I. There is grave violation of the
Constitution
II. There is an exceptional character of
the situation and paramount public
interest is involved;
III. The constitutional issues raised
require formulation of controlling
principles to guide the bench, the bar
and the public;
IV. The case is capable of repetition yet
evasive of review.
d. OPERATIVE FACT DOCTRINE
It is a well settled rule that an
unconstitutional act is not a law; no rights; it
imposes no duties; it affords no protection; it
creates no office; it is inoperative as if it has
not been passed at all.
An exception to the rule, however, is the
operative fact doctrine, the doctrine
nullifies the effects of an unconstitutional law
or an executive act by recognizing that the
existence of a statute prior to a determination
of unconstitutionality is an operative fact and
may have consequences that cannot always
be ignored. It applies when a declaration of
unconstitutionality will impose an undue
burden on those who have relied on the
invalid law.
Doctrine of operative fact as stated in
Mandanas vs Ochoa jr., citing Araullo vs
Aquino III, the Court stated that the doctrine
of operative fact “ applies only to cases where
extraordinary circumstances exist, and only
when the extraordinary circumstances have
met the stringent conditions that will permit
its application.
In applying the operative fact doctrine, courts
ought to examine with particularity the
effects of the already accomplished acts
arising from the unconstitutional statute and
determine, on the bases of equity and fair
play, if such effects should be allowed to
stand. It should not operate to give any
unwarranted advantage to parties, but merely
seeks to protect those who, in good faith,
relied on the invalid law.
C. JUDICIAL INDEPENDENCE AND FISCAL
AUTONOMY
The SC is a constitutional body; and it may
not be abolished by the legislature.
Members of the SC are removable only by
impeachment
It must not be deprived of its minimum
original and appellate jurisdiction; appellate
jurisdiction may not be increased without its
advice and concurrence.
SC has administrative supervision over all
inferior courts and personnel
Exclusive power to discipline judges/justices
of inferior courts.
Security of tenure on the members
 Cannot be designated to any agency
performing quasi-judicial or administrative
functions
Promulgate the Rules of Court
Order temporary detail of judges
Appoint all officials and employees of
judiciary.
FISCAL AUTONOMY
o Enjoyed by judiciary contemplates a
guarantee of full flexibility to allocate
and utilize their resources with the
wisdom and dispatch that their needs
require. It recognizes the power and
authority to levy, assess and collect
fees, fix rates of compensation not
exceeding the highest rates
authorized by law for compensation
not exceeding the highest rates
authorized by law for compensation
and pay plans of the government and
allocate and disburse such sums as
may be provided by law or prescribed
by them in the course of the discharge
of their functions.
D. APPOINTMENTS TO THE JUDICIARY
i. QUALIFICATIONS OF MEMBERS
Of proven competence, integrity, probity and
independence. In addition:
SUPREME LOWER LOWER COURTS
COURT COLLEGIATE COURT
NBC NBC Citizen of the Phil.
At least 40 Y/O
15 years or more Member of the Member
judge of lower court Philippine Bar Phil. Bar
or engaged in the
practice of law.
PROCEDURE OF APPOINTMENT:
 Appointed by the President of the Philippines
from among the list of at least 3 nominees
prepared by the JBC for every vacancy;
appointment shall need no confirmation.
 Any vacancy shall be filled within 90 days
from the occurrence thereof.
 For lower courts, the President shall issue the
appointment within 90 days from the
submission by the JBC of such list.
ii. JUDICIAL BAR COUNCIL
a. COMPOSITION
i. Ex-officio members: Chief Justice, as
Chairman; the Secretary of Justice, and a
representative of Congress.
ii. Regular Members: A representative of the
IBP, professor of law, retired justice of the
Supreme Court, and representative of
private sector.
iii. Secretary ex- officio: The Clerk of the
Supreme Court
b. POWERS- Principal function of a
recommending appointees to the judiciary.
E. SUPREME COURT
1) COMPOSITION, POWERS, AND FUNCTIONS
 A chief Justice and 14 Associate Justices. It
may sit en banc or in its discretion, in
division of three, five or seven members.
2) EN BANC AND DIVISION CASES
EN BANC all cases involving the
constitutionality of a treaty, international or
executive agreement, or law; and all other
cases which, under the Rules of Court are to
be heard en banc, including those involving
the constitutionality, application or operation
of presidential decrees, proclamations,
orders, instructions, ordinances and other
regulations. These cases are decided with the
concurrence of a majority of the members
who actually took part in the deliberations on
the issues and voted thereon.
DIVISION- Other cases or matters may be
heard in division, and decided or resolved
with the concurrence of a majority of the
of the
members who actually took part in the
deliberations on the issues and voted
thereon, but in no case without the
concurrence of at least three such members.
When the required number is not obtained,
the case shall be decided en banc.
3) ADMINISTRATIVE SUPERVISION OVER
LOWER COURTS
The Supreme Court shall have
administrative supervision over all courts
and the personnel thereof.
The ombudsman may not initiate or
investigate a criminal or administrative
complaint before his office against a
judge; he must first indorsed the case to
the Supreme Court for appropriate action
(Fuentes v. Office of the Ombudsman-
Mindanao, GR No. 124295, October 23,
2001)
 Administrative proceedings before the the lower court
Supreme Court are confidential in nature is in issue;
in order to protect the respondent therein iv. all criminal
who may turn to be innocent of the case in which
charges. the penalty
Annual Report: SC to submit, within 30 imposed is
reclusion
days from the opening of each regular
perpetua or
session of Congress, to the President and
higher;
to Congress an annual report on the v. in all cases
operations and activities of the Judiciary which only an
(Sec. 16, Art. VIII) error or
4) ORIGINAL AND APPELLATE JURISIDICTION question of law
is involved.
ORIGINAL APPELLATE
JURISDICTION JURISDICTION The court has Appellate
Over cases affecting Review, revise, recognized that a direct Juridiction over
ambassadors, other reverse, modify invocation of its decisions and
public ministers and or affirm on original jurisdiction final order of the
consuls, and over appeal or may be warranted in Sandiganbayan
petitions for certiorari, certiorari as the exceptional cases as is limited to
prohibition, mandamus, law or Rules of when there are questions of law.
quo warranto and Court may compelling reasons A question of
habeas corpus. provide, final clearly set forth in the law exist when
judgments and petition, or when what the doubt or
orders of lower is raised is a pure controversy
courts in: question of law. concerns the
i. all cases in correct
which the application of
constitutionality law or
or validity of any jurisprudence to
treaty, certain set of
international or facts;
executive Immediate resort may
agreement, law, be allowed when any of
presidential the following grounds
decree, are present:
proclamation, i. when genuine
order or issues of
instruction, constitutionality
ordinance or are raised and
regulation is in must be
question; addressed
ii. all cases immediately;
involving the ii. when the case
legality of any involves
tax, impost, transcendental
assessment or importance
toll, or any iii. case is novel
penalty imposed iv. constitutional
in relation issues raised
thereto; are btter
iii. all cases in decided by the
which the Courts;
jurisdiction of v. when time is of
 the essence
vi. subject of
review involves
acts of a
constitutional
organ;
vii. when there is
no other plain,
speedy and
adequate
remedy in the CONSTITUTIONAL COMMISSIONS
ordinary course (COMELEC, COA, CSC)
of law;
viii. when the
petition A. A COSNTITUTIONAL SAFEGUARDS TO
includes ENSURE INDEPENDENCE IN THE
questions that COMMISSION
may affect Constitutionally created; may not be
public welfare, abolished by statute.
public policy, or Each expressly described as
demanded by
“independent”
the broader
Each is conferred certain powers and
interest of
justice; functions which cannot be reduced by
ix. when the order statute;
complained of The chairmen and members cannot
was a patent be removed except by impeachment;
nullity; TChairmen and members are given a
x. when the appeal fairly long term of office of seven
was considered years;
as an The chairmen and members may not
inappropriate be reappointed or appointed in an
remedy. (Aala, acting capacity.
etla. Vs Uy, et.al.  When an ad-interim appointment
GR 202781,
of the (Chairman of the
January 10,
COMELEC) is not confirmed and it
2017)
was by passed, or that there was
not ample time for the
Commission on Appointments to
pass upon the same), another ad
interim appointment may be
extended to the appointee
without violating the Constitution.
The salaries of the chairman and members
are relatively high and may not be decreased
during the continuance in office.
The commission enjoys fiscal autonomy.
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)
 The chairmen and members are subject to
certain disqualifications calculated to
strengthen their integrity
The Commissions may appoint their own
officials and employees in accordance with
the Civil Service Law.
A. B COMMON PROVISIONS
A. C POWERS, FUNCTIONS, AND
JURSIDICTION
A. D COMPOSITION AND THE CITIZEN IN RELATION TO THE
QUALIFICATIONS OF MEMBERS
STATE
A. E PROHIBITED OFFICES AND
INTEREST
A. F JUDICIAL REVIEW OF FINAL CITIZENSHIP
ORDERS, RESOLUTIONS, AND DECISIONS
1. RENDERED IN THE EXERCISE OF QUASI-  Membership in a political community which
JUDICIAL FUNCTIONS is a personal and more or less permanent in
2. RENDERED IN THE EXERCISE OF character.
ADMINISTRATIVE FUNCTIONS. A. WHO ARE FILIPINOS
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 of the Revised Naturalization
Law provides that " Subject to section 4 of
this Act, any person having the following
qualifications may become a citizen of the
Philippines by naturalization:
Fourth. He must own a real estate in the
Philippines worth not less than five
thousand pesos, Philippines currency, or
must have some known lucrative trade,
profession, or lawful occupation.
- lucrative trade, profession, or lawful
occupation refers not only that the person
having the employment gets enough for his
ordinary necessities in life. It must be
shown that the employment gives one an
income such there is an appreciable
margin of his income over his expenses as
to be able to provide for an adequate
support in the event of unemployment,
sickness, or disability to work and thus
avoid ones becoming the object of charity
 or a public charge. His income should
permit him and the members of his family
to live with reasonable comfort , in
accordance with the prevailing standard of
living, and consistently with the demands
of human dignity, at this stage of our
civilization.
B. MODES OF ACQUIRING CITIZENSHIP
 The most common of acquiring citizenship is
by birth, either under the :
1. jus sanguinis- by virtue of blood
2. jus soli- by virtue of the place of birth
 Under our constitution, the jus sanguinis
is still the basis of acquisition of
citizenship.
 Naturalization is a process by which a
foreigner acquires, voluntarily or by
operation of law, the citizenship of another
state. Naturalization may be direct or
derivative.
 Direct naturalization is effected:
1. By individual proceedings, usually
judicial, under general
naturalization laws;
2. By special act of the legislature,
often in favor of distinguished
foreigners who have rendered
some notable service to the local
state;
3. By collective change of nationality
as a result of cession or
subjugation;
4. In some cases, by adoption of
orphan minors as nationals of the
State where they are born.
 Derivative naturalization es effected:
1. On the wife of the naturalized
husband
2. On the minor children of the
naturalized parent
3. On the alien woman upon
marriage to a national.
 By marriage
C. LOSS AND RE-ACQUISITION OF PHILIPPINE
CITIZENSHIP
 Citizenship is lost:
1. By naturalization in a foreign country
2. By express renunciation of
citizenship;
3. By subscribing to an oath of allegiance
to support the Constitution or laws of
a foreign country upon attaining the
eignteen years of age or more:
Provided however, that a Filipino may
not divest himself of a Philippine
citizenship in any manner while the
Republic of the Philippines is at war
with any country.
4. By rendering service to or accepting
commission in the armed forces of a
foreign country: Provided, that the
rendering of service to, or the
acceptance of such commission in, the
armed forces of a foreign country, and
the taking of an oath of allegiance
incident thereto, with consent of the
Republic of the Philippines, shall not
divest a Filipino of hi Philippine
citizenship if either of the following
circumstances is present:
i. The Republic of the
Philippines has a defensive
and/or offensive pact of
alliance with the said foreign
country; or
ii. The said foreign country
maintains armed forces in the
Philippine territory with the
consent of the Republic of the
Philippines: Provided, that the
Filipino citizen concerned, at
the time of rendering said
service, or acceptance of said
commission, and taking the
oath of allegiance incident
thereto, states that he does so
only in connection with its
service to said foreign
country: And provided, finally,
that any Filipino citizen who is
rendering service to, or is
commissioned in, the armed
force of a country under any
of the circumstances
mentioned in par. 1 and b,
shall not be permitted to
participate nor vote in any
election of the Republic of the
Philippines during the period
 of his service to, or
commission in, the armed
forces of said foreign country.
Upon his discharge from the
service of the said foreign
country, he shall automatically
entitled to the full enjoyment
of his civil and political rights
as a Filipino Citizen;
5. By cancellation of the certificate of
naturalization
6. By having declared by competent
authority, a deserter of the Philippine
armed forces in time of war, unless
subsequently, a plenary pardon or
amnesty has been granted; and
7. In case of a woman, upon her
marriage, to a foreigner if, by virtue if
the laws in force in her husband’s
country, she acquires his nationality.
 Philippines citizenship may be lost or
reacquired in the manner provided by law.
 Section 5(2) of the Citizenship Retention
and Re-acquisition Act of 2003 provides
that : Those who retain / re-acquire
Philippine citizenship under this act shall
enjoy full civil and political rights and the
subject to all attendant liabilities and
responsibilities under existing laws of the
Philippines and the following conditions:
(2) Those seeking elective public in the
Philippines shall meet the qualification for
holding such public office as required by
the Constitution and existing laws and, at
the time of the filing of the certificate of
candidacy, make a personal and sworn
renunciation of any and all foreign before
any public officer authorized to administer
oath.
Twin Requirement:
1. Oath of Allegiance
2. Renunciation of Foreign
Citizenship
Note: This is distinct from those considered dual
citizens by virtue of birth who are not required by
law to take the oath of renunciation as the mere filing
of the certificate of candidacy already carries with it
an implied renunciation of foreign citizenship. Dual
citizens by naturalization , on the other hand, are
required to take not only the Oath of Allegiance to the
Republic of the Philippines but to also personally
renounce foreign citizenship in order to qualify as a
candidate of public office.
 The use of foreign passport after
renouncing one’s foreign citizenship is a
positive and voluntary act of
representation as to one’s nationality and
citizenship; it does not divest Filipino
citizenship regained by repatriation but it
recants the Oath of Renunciation required
to qualify one to run for elective position.
 RA 9225, otherwise known as the Citizenship
Retention and Reacquisition act of 2003,
provides for the restoration or retention of
the original citizenship of any natural-born
Filipino who has acquired citizenship in a
foreign country through naturalization
proceedings, provided he takes the oath.
It is further provided that the unmarried
child, whether legitimate or illegitimate or
adopted, below eighteen years of age” shall
also acquire derivative citizenship upon
taking of such oath by the parent after the
effectivity of the law.
D. DUAL CITIZENSHIP AND DUAL ALLEGIANCE
 Dual citizenship was allowable but not the
dual allegiance. Citizenship requires
allegiance and dual citizenship requires dual
allegiance. A citizen owes his total allegiance
to his country but a dual citizen must share
his allegiance to two or even more states,
which may even be in conflict with each
other.
 Citizens of the Philippines who marry aliens
shall retain citizenship, unless by their act or
omission, they are deemed, under the law, to
have renounced it.
 Dual allegiance of citizens is inimical to the
national interest and shall be dealt with by
law.
E. FOUNDLINGS
1. FOUNDLING RECOGNITION AND
PROTECTION ACT (RA 11767)
 Natural-born citizens are those who are
citizens of the Philippines from birth without
having to perform any act to acquire or
perfect their Philippines citizenship.
  On the issue on whether or not foundlings
are considered as filipinos, the court ruled
that:
 In the first place, “having to
perform an act” means that the act
must be personally done by the
citizen. In this instance, the
determination of foundling status
is done not by the child but by the
authorities. Secondly, the object of
the process is the determination of
the whereabouts of the parents of
the child. Lastly, the process is
certainly not analogous to
naturalization proceeding to
acquire Philippine citizenship, of
the election of such citizenship by
one born of an alien father and a
Filipino mother under the 1935
Constitution.
 The second principle is that a
foundling is presumed born of
citizens of the country where he is
found, contained in Article 2 of the
1961 United Nations Convention
on the Reduction of Statelessness.
“A foundling found in the territory
of the Contracting State shall, in
the absence of proof to the
contrary, be considered to have
been born within the territory of
parents possessing the nationality
of the State.
BILL OF RIGHTS
A. PRIVATE ACTS AND THE BILL OF RIGHTS
Due process clause of the constitution is a
limitation on government powers. It does not
apply to the exercise of private power, such
as the termination of employment under the
Labor Code.
The Bill of rights does not protect citizens
from unreasonable searches and seizures by
private individuals.
The ste of prescription setting forth the
fundamental civil and political rights of the
individual, and imposing limitations on the
powers of government as a means of securing
the enjoyment of those rights. The Bill of
rights is designed to preserve the ideals of
liberty, equality and security “ against the
assaults of opportunism, the expediency of
the passing hour, the erosion of small
encroachments, and the scorn and decision of
those who have no patience with general
principles”.
i. Civil Rights- Those rights that belong
to every citizen of the state or
country, or, in a wider sense, to all its
inhabitants, and are not connected
with the organization or
administration of the government.
They include the rights to property,
marriage, equal protection of the
laws, freedom of contract, etc. They
are rights appertaining to a person by
virtue of his citizenship in a state or
community.
ii. Political Rights- refers to the right to
participate, directly, or indirectly, in
the establishment or administration
of government.
B. DUE PROCESS
➢ DUE PROCESS-No person shall be deprived
of life, liberty or property without due
process of law, nor shall any person be
denied the equal protection of the laws.
Tees against the taking of life, property, or
liberty without due process under Section 1is
generally a limitation on the state’s powers in
relation to the rights of its citizens.
1. PROCEDURAL AND SUBSTANTIVE
 Procedural Due Process-
 Serves as restriction on actions of judicial
and quasi-judicial agencies of
government.
 hears before it condemns, which proceeds
upon inquiry and renders judgment only
after trial. It contemplates notice and
opportunity to be heard before judgment
is rendered affecting one’s person or
property. In administrative proceedings,
due process is satisfied when a person is
notified of the charges against him and
given an opportunity to explain or defend
oneself. In such proceedings, the filing of
 charges and giving reasonable
opportunity for the person so charged to
answer the accusations against him
constitute the minimum requirement of
due process.
 One of the requisites of due process
compliance was that the decision must be
rendered on the basis of the evidence
presented at the hearing, or at least
contained in the record and disclosed to
the parties affected. (Ang Tibay vs Court of
Industrial Relations)
 Substantive Due Process- This serves as a
restriction on government’s law and rule-
making powers. The requisites are:
i. The interest of the public, in general,
as distinguished from those of a
particular class, requires the
intervention of the state.
ii. The means employed are reasonably
necessary for the accomplishment of
the purpose, and not unduly
oppressive on individuals.
2. VOID-FOR VAGUENESS- holds that a law is
facially invalid if “men of common
intelligence must necessarily guess at its
meaning and differ as to its application.” 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 in its application.
 Such vague law is repugnant to the
Constitution in two respects: one, it
violates due process as it fails to afford
persons fair notice of the conduct to avoid
and; second, it gives law enforcers
unbridled discretion in carrying out
provisions and, therefore, in effect, it
becomes an arbitrary flexing of the
government’s muscle.
3. JUDICIAL AND ADMINISTRATIVE DUE
PROCESS
JUDICIAL DUE PROCESS- Judicial due process is a
process in which observed and applied in the judicial
body. Requisites are the following:
1. An impartial court or tribunal clothed
with judicial power to hear and
determine the matter before it.
2. Jurisdiction must be lawfully acquired
over the person of the defendant and
over the property which is the subject
matter of the proceeding.
3. The defendant must be given an
opportunity to be heard- due process
is satisfied as long as the party is
accorded the opportunity to be heard.
If it is not satisfied as long as the party
is accorded the opportunity to be
heard. If it is not availed of, it is
deemed waived or forfeited without
violating the constitutional guarantee.
(Bautista vs Court of Appeals, GR No.
157219).
 There are cases in which notice
and hearing may be dispensed with
without violating due process.
Among these are the cancellation
of the passport of a person sought
for the commission of a crime.
(Suntay vs People, 101 Phil 833),
the preventive suspension of civil
servant facing administrative
charges, the distraint of property
for tax delinquency; the padlocking
of restaurants found unsanitary or
of the theaters showing obscene
movies, and the abatement of the
nuisance per se.
4. Judgment must be rendered upon
lawful hearing- due process demands
that the parties to a litigation be
informed how the case was decided
with an explanation of the factual and
legal reasons that led to the
conclusions of the court. (Insular Life
Assurance Co. v. Young, GR No. 140964,
January 16, 2002)
ADMINISTRATIVE DUE PROCESS
The essence of due process in administrative
proceedings is an opportunity to explain one’s side or
an opportunity to seek reconsideration of the action
or ruling complained of.
 In Ang Tibay vs. CIR, 69 Phil 635, the court
enumerated the requisites of the administrative due
process, as follows:
a) The right to hearing, which includes the right
to present one’s case and submit evidence in
support thereof;
b) The tribunal must consider the evidence
presented;
c) The decision must have something to
support itself;
d) The evidence must be substantial
e) The decision must be rendered on the
evidence presented at the hearing, or at least
contained in the record and disclosed to the
parties;
f) The tribunal or any of its judges must act on
its or his own independent consideration of
the facts of the law of the controversy, and
not simply accept the views of the
subordinate in arriving at a decision, and;
g) The board or body should, in all controversial
questions, render, its decision in such a
manner that the parties to the proceeding will
know the various issues involved, and the
reason for the decision.
Due process in a quasi-judicial proceeding
before the COMELEC requires notice and
hearing. The proclamation of a winning
candidate cannot be annulled if he has not
been notified of any motion to set aside his
proclamation.
C. EQUAL PROTECTION
EQUAL PROTECTION CLAUSE- no person or class
of persons shall be deprived of the same protection of
laws enjoyed by other persons or other classes in the
same place in like circumstances.
The constitution does not require absolute
equality among residents; it is enough that all
persons under like circumstances or conditions are
given the same privileges and required to follow the
same obligation.
1. REQUISITE FOR VALID CLASSIFICATION-
Persons or things ostensibly similarly situated may,
nonetheless, be treated differently if there is a basis
for valid classification. The requisites are:
1. Rests on substantial distinctions
2. Germane to the purpose of the law-
the distinctions which are the bases
for the classification should have a
reasonable relation to the purpose of
the law.
3. Not limited to existing conditions only
4. Applies equally to all members of the
same class.
2. STANDARD OF JUDICIAL REVIEW
a. Rational Basis Test- demands that
the classification reasonable relate to the legislative
purpose. It often applies in cases that involves
economics and social welfare, or to any other case
not involving a suspect class.
b. Strict Scrutiny Test- Applies when
a legislative classification impermissibly interferes
with the exercise of a fundamental right to operates
to the peculiar class disadvantage of a suspect class.
The government carries the burden to prove that the
classification is necessary to achieve a compelling
state interest, and that it is the least restrictive means
to protect such interest. (Mosqueda, et.al. vs. Pilipino
Banana Growers. GR No. 189185, August 16, 2016)
c. Intermediate Scrutiny Test-
Classifications based on gender or illegitimacy
receives intermediate scrutiny. To survive
intermediate scrutiny, the law must not only further
and important governmental interest and be
substantially related to the interest, but the
justification for the classification must be genuine
and must not depend on broad generalization.
 ARREST SEARCH
WARRANT WARRANT
PROBABLE Such facts and Such facts and
CAUSE circumstances circumstances which
antecedent to the would lead a
issuance of the warrant reasonable discreet and
that in themselves are prudent man to believe
sufficient to introduce a that an offense has been
cautious man to rely on committed and that the
them and act in objects sought in
pursuance thereof. (PP connection with the
vs Syjuco, 64 Phil 667) offense are in the place
sought to be searched.
Determinatio It is sufficient that the The judge personally
n of the judge “personally examine in the form of
probable determine” the existence searching questions
cause of probable cause. He and answers, in writing
personally by merely determines the and under oath, the
the judge probability, not the complainants and any
D. ARREST, SEARCHES, AND SEIZURES certainty, of guilt of the witnesses he may
accused and, in so doing, produce on facts
1) REQUISITE OF A VALID WARRANT he need not conduct a de personally known to
novo hearing. them, and attach to the
record their own sworn
Following the statements together
established doctrine and with any affidavits
procedure, the judge submitted.
shall:
 Personally evaluate Where the judge failed
the report and the to conform with the
supporting essential requisites of
documents taking the deposition in
submitted by the writing and attaching
fiscal regarding the them to the record, it
existence of was held that search
probable cause and, warrant is invalid, and
on the basis thereof, the fact that the
issue a warrant of objection thereto was
arrest; raised only during the
 If, on the basis trial is of no moment,
thereof, he finds no because the absence of
probable cause, he such depositions was
may disregard the discovered only after
prosecutor’s report the arrest and during
and require the the trial. (PP vs
submission of Mamaril, GR No.
supporting 147607, Jan 22, 2004).
affidavits of
witnesses to aid him
in arriving at a
conclusion as to the
existence of
probable cause.
After  Soliven vs The judge must strictly
examination, Makasiar comply with the
under oath or  The evidence constitutional and
affirmation, of offered by the statutory requirements
the complainant and his for the issuance of a
complainant witnesses should be search warrant,
and the based on their own including the need to
witnesses he personal knowledge personally examine the
may produce. and not on mere app;icant and the
information or witnesses through
belief. searching questions,
 In PP vs Delos Reyes,  A search warrant may be said to particularly describe
the Supreme Court said the things to be seized when the description therein is
that it is axiomatic that as specific as the circumstances will ordinarily allow.
the examination must
be probing and
exhaustive and not PROPERTIES SUBJECT TO SEIZURE:
merely routinary, i. Subject of the Offense;
general, peripheral or ii. Stolen or embezzled property and other
perfunctory. If the
judge fails to determine proceeds or fruits of the offense;
probable cause by iii. Property used or intended to be used as
personally examining means for the commission of an offense.
the applicant and his
witnesses in the form of
Note: It is not necessary that the property to be
searching questions searched or seized should be owned by the person
before issuing a search against whom the warrant is issued; it is sufficient
warrant, it constitutes
grave abuse of
that the property is within his control or possession
discretion. (burgos vs Chief of Staff)
Particularity  Must particularly In PP vs Tee, it was held
of the describe the person that this requirement is CONDUCT OF THE SEARCH:
Description to be seized if it primarily meant to
contains the name/s enable the law  No search of a house, room or any of the
of the person/s to enforcers serving the premises shall be made except in the
be arrested. If the warrant to
presence of the lawful occupant thereof
name of the person (1) readily identify the
to be arrested is not properties to be seized or any member of his family, or in the
known, then a “john and thus prevent them absence of the latter, in the presence of
Doe” warrant may from seizing the wrong two witnesses of sufficient age and
be issued. items;
 A “John Doe” (2) leave said officers discretion, residing the same locality.
warrant will satisfy with no discretion Failure to comply with this requirement
the constitutional regarding the articles to invalidates the search (PP vs Gesmundo
requirement of be seized and thus
particularity of prevent unreasonable 219 SCRA 743)
description if there searches and seizures.  The police officers may use force in
is some description entering the dwelling if justified by Rule
persona which will  The purpose of
enable the officer to 126 of the Rules of Court.
this requirement is
identify the accused. to leave the
officers of the law
with no discretion
regarding what
articles they 2) WARRANTLES ARREST AND DETENTION
should seize, to the a) When the Person to be arrested has
end of committed, is actually committing, or is
unreasonable
searches and attempting to commit and offense in his
seizures may not presence.
be made and i. A rebel may be arrested at anytime, with or
abuses may not be
committed. without a warrant, as he is deemed to be in
 General Warrants the act of committing the offense at any time
are proscribed and of day or night. However, even if in Parulan v.
unconstitutional.
 Scatter Shot Director of Prisons, kidnapping with serious
Warrant- the illegal detention is deemed a continuing
serach warrant crime, it can be considered as such only when
charged violations
of two special laws
the deprivation of liberty is persistent and
, and declared as continuing from one place to another.
null and void. (Francisco Larranaga vs CA, supra)
ii. It was held that when a police officer sees
the offense, although at a distance, or hears
the disturbances created thereby, and
 proceeds at once to the scene thereof, he may
effect an arrest without warrant.
iii. Hot Pursuit the arrest of the accused inside
his house following hot pursuit of the person
who committed the offense in flagrante was
held invalid.
 A “buy-bust” operation is a valid
inflagrante arrest. The subsequent search
of the person arrested and of the premises
within his immediate control is valid as an
incident to a lawful arrest.
b) When an offense had just been committed
and there is probable cause to believe, based
on his personal knowledge of facts or of other
circumstances, that the person to be arrested
has committed the offense.
 Under this paragraph, two stringent
requirements must be complied with,
namely:
i.) an offense has just been committed,
and
ii.) the person making the arrest has
probable cause to believe, based on his
personal knowledge of facts or of other
circumstances, that the person to be
arrested had committed it.
 Hence, there must be a large measure of
immediacy between the time the offense
is committed and the time of the arrest
and the commission of the crime, a
warrant of arrest must be secured. Aside
from the sense of immediacy, it is also
mandatory that the person making the
arrest has personal knowledge of certain
facts indicating that the person to be
taken into custody has committed the
crime.
c) When the person to be arrested is a prisoner
who has escaped from a penal establishment
or place where he is serving final judgment or
temporarily confined while his case is
pending, or has escaped while being
transferred from one confinement to another.
d) When the right is voluntarily waived, then the
illegality of the arrest may no longer be
invoked to effect the release of the person
arrested. Appellant is estopped from
questioning the illegality of his arrest when
he voluntarily submitted himself to the
jurisdiction of the court by entering a plea of
not guilty and by participating in the trial.
 In number of cases, the Supreme Court
held that the posting of a bail bond
constitutes a waiver of any irregularity
attending the arrest. But under Sec. 26,
Rule 114, Revised Rules of Criminal
Procedure, an application for, or
admission to, bail, shall not bar the
accused from challenging the validity of
his arrest, provided that he raises the
challenge before entering his plea.
3) WARRANTLESS SEARCHES
a. When the right is voluntarily waived.
For a valid waiver of the constitutional right, it
must appear the following:
A. A Right Exists
A. B Person involved had
knowledge, either actual or
constructive, of the existence of such
right
A. C The said person had an actual
intention to relinquish the right. (De
Gracia vs Locsin)
 The question whether consent to a search
was, in fact, voluntary, is a question of fact
to be determined from the totality of all
the circumstances: the age of the
defendant, the presence of the coercive
police procedure, the defendant’s belief
that no incriminating evidence will be
found, the nature of police questioning,
the environment in which the questioning
took place, and the possible vulnerable
subjective state of the person consenting.
It is the state that has the burden of
proving, by clear and convincing
evidence, that the necessary consent was
obtained and that it was voluntarily and
freely given (Caballes vs Court of Appeals,
GR No. 136292)
 In PP vs Gatward 267 SCRA 785, it was
held that when the accused checked in his
luggage as a passenger of a plane, he
agreed to the inspection of his luggage in
accordance with the custom laws and
regulations,a nd thus waived any
objection to the warrantless search.
b. When there is a valid reason to stop-and-
frisk
- The vernacular designation of the
right of a police officer to stop a
citizen on the street, interrogate
 him and pat him for weapons
whenever he observes unusual
conduct which leads him to
conclude the criminal activity may
be afoot. In this case, the
policemen chanced upon the
accused who had reddish eyes,
walking in a swaying manner, and
who appeared to be high on
drugs; thus, the search.
- The Supreme Court said that for a
“stop-and-frisk” situation, the
police officer should properly
introduce himself and make initial
inquiries, approach and restrain a
person who manifests unusual
and suspicious conduct, in order
to check the latter’s outer clothing
for possible concealed weapons.
c. Where the search and seizure is an incident to
lawful arrest Sec. 12, rule 126
- A person lawfully arrested may be
searched for dangerous weapons or
anything, which may be used as proof of
the commission of an offense, without a
warrant.
- Requisite: As a rule, the arrest must
precede the search; the process cannot be
reversed. Nevertheless, a search
substantially contemporaneous with an
arrest can precede the arrest if the police
have probable cause to make an arrest at
the outset of the search. PP vs Nuevas, GR
No 170233, Feb 22, 2007
- Warrantless search and seizure can be
made without necessarily being preceded
by an arrest provided that the said search
is effected on the bases of probable cause.
- The warrantless search and seizure as an
incident to lawful arrest may extend
beyond the person of one arrested to
include the premises or surroundings
under his immediate control. PP vs
Hindoy, GR No. 132662, may 10, 2002.
- To justify a warrantless search as an
incident to a lawful arrest, the arrest must
be on account of a crime having been
committed.
d. Search of vessels and aircraft
- A fishing vessel found to be violating
fishery laws may be seized without a
warrant on two grounds:
1. because they are usually equipped with
powerful motors that enable them to
elude pursuit;
2. because the seizure would be an
incident to lawful arrest.
e. Search of moving vehicles
- A warrantless search of a moving vehicle
is justified on the ground that it is not
practicable to secure a warrant because
the vehicle can be moved quickly out of
the locality or jurisdiction in which the
warrant may be sought.
- A checkpoint may either be a mere
routine inspection, or it may involve an
extensive search. For mere routine, the
search is normally permissible when it is
limited to a mere visual search, where the
occupants are not subjected to a physical
or body search. When the vehicle is
stopped and subjected to an extensive
search , it would be constitutionally
permissible only if the officers conducting
the search had reasonable or probable
cause to believe, before the search, that
either the motorist is a law offended or
they will find the instrumentality or
evidence pertaining to a crime in the
vehicle to be searched.
f. Inspection of Buildings and other premises for the
enforcement of fire, sanitary and building
regulations. This is a basically an exercise of the
police power of the State. These are routine
inspections which, however, must be conducted
during reasonable hours.
g. Where prohibited articles are in plain view.
- Objects in the “plain view” of an officer who
has the right to be in the position to have that
view are subject to seizure and may be
presented as evidence. The “plain view”
doctrine is usually applied where the police
officer is not searching for evidence against
the accused, but nonetheless inadvertently
comes upon an incriminating object. (PP vs.
Musa, 217 SCRA 597)
- Requisites:
o A prior valid intrusion based on the
valid warrantless arrest in which the
 police are legally present in the
pursuit of their official duties;
o The evidence was inadvertently
discovered by the police who have the
right to be where they are;
o The evidence must be immediately
apparent; and
o Plain view justified the seizure of the
evidence without any further search.
- An object is in “plain view” if the object itself
is plainly exposed to sight. Where the object
seized is inside a closed package, the object is
not in plain view and, therefore, cannot be
seized without warrant. However, if the
package proclaims its contents, whether by
its distinctive configuration, its transparency,
of if its contents are obvious to an observer,
then the contents are in plain view and may
be seized. (Caballes vs CA, GR No. 136292, Jan.
15, 2002)
h. Search and seizure under exigent and emergency
circumstances
- The military operatives had reasonable
ground to believe that a crime was being
committed , and they had no opportunity to
apply for a search warrant from the courts
because the latter were closed.
4) ADMINISTRATIVE ARREST
Administrative warrantless Arrest causes:
o If you breach peace or if you are
planning to do so, you can be arrested
but only if it is absolutely necessary to
do so. You will be freed as soon as you
no longer represent a threat to public
security.
o If you disrupt a court hearing;
o If you are in a drunken state on the
public highway;
o In case of brawling;
o If you block traffic without
authorization;
o If you refuse to give your ID
documents or if these are
questionable;
o If you are in the country illegally.
5) EXCLUSIONARY RULE
- Evidence obtained in violation of Sec. 2, Art.
III, shall be inadmissible for any purpose in
any proceeding (Sec. 3(2), Art. III), because it
is “ the fruit of the poisoned tree”.
- Objections to the legality of the search
warrant and to the admissibility of the
evidence obtained thereby are deemed
waived when not raised during the trial
(Demaisip vs CA, 193 SCRA 373). In PP vs
Diaz, GR No. 110829, April 18, 1997, because
of the failure of the accused to object to the
admissibility of evidence obtained through an
unlawful arrest and search, it was held that
the accused were deemed to have waived
their right, and the trial court did not err in
admitting the evidence presented.
- However, even if the accused were illegally
arrested, such arrest does not invest eye
witness accounts with constitutional infirmity
as “fruits of the poisonous tree”, thus, where
the conviction could be secured on the
strength of testimonial evidence given in
open court, the illegality of the arrest cannot
be invoked to reverse the conviction (PP vs
Salazar, GR No. 99355, August 11, 1997).
- It does not necessarily follow that the property
illegally seized will be returned immediately, it
could remain in custodia legis.
- The property illegally seized may be used in
evidence in the case filed against the officer
responsible for the illegal; seizure.
E. PRIVACY OF COMMUNICATIONS AND
CORRSPONDENCE
1. Private and Public Communications
- The privacy of communication and
correspondence shall be inviolable except
upon lawful order of the court, or when
public safety or order requires otherwise as
prescribed by law.
- Any evidence obtained in violation of this or
the preceding section shall be inadmissible
for any purpose in any proceeding.
- Privacy of communication and
correspondence except upon lawful order of
the court, or when public safety or order
requires. (Violation is inadmissible for being
Fruit of the poisonous tree)
2. When intrusion is allowed
 Lawful Order of the court
 When the public safety requires it.
3. Exclusionary Rule
 - In Wenceslao Laurea, 148 SCRA 382,
letters addressed by a lawyer ( of one of
the parties to a case) addressed to an
individual Justices of the supreme Court
in connection with the performance of
their judicial functions, become part of
the judicial record and a matter of
concern for the entire Court- and thus, are
not covered by the Constitutional
Guarantee. In PP vs Albofera, 152 SCRA
123, a letter written by the accused to a
witness which was produced by the
witness during the trial is admissible in
evidence; it was not the result of an
unlawful search, nor through an
unwarranted intrusion of invasion into
the privacy of the accused. It was
produced by the recipient of the letter
who identified the same, Besides, there is
nothing self-incriminatory in the letter.
- In Waterous Drug Corporation vs NLRC,
GR No. 113271, October 16, 1997, the
Supreme Court said that the Bill of Rights
does not protect citizens from
unreasonable searches and seizures made
by private individuals. In this case, an
officer of the petitioner corporation
opened an envelope addressed to the
private respondent and found therein a
check evidencing an overprice in the
purchase of medicine. Despite the lack of
consent on the part of the private
respondent, the check was deemed
admissible in evidence.
F. FREEDOM OF SPEECH AND EXPRESSION
➢ Freedom of speech, of expression or of the
press, or the right of the people to peaceably
assemble and petition the government for
redress of grievances.
- POLITICAL SPEECH- speech “ both
intended and received as a contribution
to public deliberation about some issue,”
“fostering informed and civic minded
deliberation.”
1. PRIOR RESTRAINT AND SUBSEQUENT
PUNISHMENT
 Freedom from censorship or prior restraint
- There need not be total suppression; even
restriction of circulation constitutes
censorship (Grosjean vs American Press Co.)
 Freedom from Subsequent punishment
- Without the assurance, the individual
would hesitate to speak for fear that he
might be held to account for his speech or
that he might be provoking the vengeance
of the officials he may have criticized.
However, this freedom is not absolute,
and he may be properly regulated in the
interest of the public such as :
 libel,
 Fair Comment- being that
which is true, or if false,
expresses the real opinion of the
author based upon reasonable
degree of care and on
reasonable grounds.
 Obscenity- There is no perfect
definition of “obscenity”, but the
latest word is that of Miller vs
California, which established basic
guidelines, to wit: (1) whether the
average person, applying
contemporary standards, would
find that the work, taken as a
whole, appeals to the prurient
interest; (2)whether the work
depicts or describes, in a patently
offensive way, sexual conduct
specifically defined by the
applicable state law; and (3)
whether the work, taken as a
whole, lack serious literary,
artistic, political or scientific
value. No one will be subject to
prosecution for the sale or
exposure of obscene materials
unless these materials depict or
describe patently offensive “hard
core” sexual conduct.
 Criticism of Official Conduct-
authority for the rule that the
individual is given the widest
latitude in criticism of official
conduct. However, in In Re: Atty.
Emiliano P Jurado Jr., the court
 said that the publication that
tends to impede, embarrass or
obstruct the court and constitutes
a clear and present danger to the
administration of justice is not
protected by the guarantee of
press freedom and is punishable
by contempt.
 Right of Students to free speech in
school premises not absolute.
While the campus journalism act
provides that a student shall not
be expelled or suspended solely
on the basis of articles he or she
has written, the same should not
infringe on the school’s right to
discipline its students.
2. CONTENT-BASED AND CONTENT NEUTRAL
REGULATIONS
 CONTENT BASED
RESTRAINT/CENSORSHIP- refers to
restrictions “based on the subject matter of
the utterance or speech”
- The regulation may be reasonably be
considered as either content-neutral or
content-based. Generally, compared with
other forms of speech, the proposed
speech is a content-based. As pointed out
by A and B, the interpretation of
COMELEC contained in the questioned
order applies only to posters and
tarpaulins that may affect the elections
because they deliver opinions that shape
both their choices. It does not cover for
instance commercial speech. Worse
COMELEC does not point to a definite
view of what kind of expression of non-
candidates will be adjudged as “election
paraphernalia.” There are no existing
bright lines to categorize speech as
election-related and those that are not.
The content of the tarpaulin is not easily
divorced from the size of its medium.
Content-based regulation bears a heavy
presumption of invalidity, and this court
has used the clear and present danger
rules as measure.
- There is no compelling and substantial
state interest endangered by posting of
the tarpaulin as to justify curtailment of
the right of freedom of expression.
- The regulation involved at bar is
content-based. The tarpaulin content is not
easily divorce from the size of its medium.
(Diocese of Bacolod, et.al. vs COMELEC).
 CONTENT-NEUTRAL REGULATION-
includes controls merely on the incidents of
the speech such as time, place, or manner of
the speech.
2. FACIAL CHALLENGE AND OVERBREADTH
DOCTRINE
 OVERBREADTH DOCTRINE- prohibits
government from achieving its purpose by
“means that sweep unnecessarily broadly,
reaching constitutionally protected as well as
unprotected activity.
- The essence of over breadth is that the
government has gone too far; its legitimate
interest can be satisfied without reaching so
broadly into the area of protected freedom.
4. TEST TO DETERMINE THE VALIDITY OF
GOVERNMENTAL REGULATIONS
 CLEAR AND PRESENT DANGER RULE:
Whether the words are used in such
circumstances and od such nature as to create
and present danger that they will bring about
the substantive evils that the State has the
right to prevent. The substantive evil must be
extremely serious and the degree of
imminence extremely high before utterances
can be punished.
- The rule is that the danger created
must not only be clear and present
but also traceable to the ideas
expressed. In Gonzales vs COMELEC,
27 SCRA 835, the court said that the
term “clear” seems to point to a causal
connection with the danger of the
substantive evil arising from the
utterance questioned. While “present”
refers to the time element, identified
 with imminent and immediate
danger(must not only be probable,
but very likely inevitable).
 DANGEROUS TENDENCY RULE: If the words
uttered create a dangerous tendency of an
evil which the State has the right to prevent,
then such words are punishable. It is
sufficient if the natural tendency and the
probable effect of the utterance were to bring
about the substantive evil that the legislative
body seeks to prevent.
 BALANCING OF INTERESTS TEST: When
particular conduct is regulated in the interest
of public order, and the regulation results in
an indirect, conditional, or partial
abridgement of speech, the duty of the courts
is to determine which of the two conflicting
interests demands the greater protection
under the particular circumstances
presented. It requires the court to take
conscious and detailed consideration of the
interplay of interests observable in a given
situation.
ASSEMBLY AND PETITION- The right to assemble is
not subject to prior restraint. It may not be
conditioned upon the prior issuance of a permit or
authorization from the authorities. However, such
right must be exercised in such a way as will not
prejudice the public welfare.
5. STATE REGULATION OF DIFFERENT TYPES OF
MASS MEDIA
6. COMMERCIAL SPEECH
- COMMERCIAL SPEECH- has been defined as
speech that does “no more than propose a
commercial transaction."
- Freedom of assembly connotes the
right of the people to meet peaceably for
consultation and discussion of matters of
public concern. It is entitled to be
accorded the utmost deference and
respect.
7. UNPROTECTED SPEECH
G. FREEDOM OF RELIGION
 No law shall be made respecting an
establishment of religion or prohibiting the
free exercise thereof. The free exercise and
enjoyment of religious profession and
worship, without discrimination or
preference, shall forever be allowed. No
religious test shall be required for the
exercise of civil and political rights.
1. NON-ESTABLISHMENT AND FREE EXERCISE
CLAUSES-
 Means that the State cannot set up a church,
nor pass laws which aid one religion, aid all
religion, or prefer one religion over another,
nor force nor influence a person to go to or
remain away from church against his will or
force him to profess a belief or disbelief in
any religion, etc.
 This reinforces Sex. 6, Art.II, on the
separation of church and state. Recall other
constitutional provisions which support the
non-establishment clause, namely:
- Sec. 2(5), Art. IX-C(a religious sect or
denomination cannot be registered as
a political party)
- Sec. 5(2), Art. VI (no sectoral
representative from the religious
sector;
- Sec. 29(2), Art. VI-prohibition against
the use of public money or property
for the benefit of any religion, or of
any priest, minister, or ecclesiastic.
Exceptions:
1. Exemption from taxation of properties, actually,
directly and exclusively used for religious purposes;
2. Citizenship requirement of ownership of educational
institutions, except those established by religious
groups and mission boards;
3. Optional religious instruction in public elementary
and high schools: at the option expressed in writing by
the parents or guardians, religious instruction taught
within regular class hours by instructors designated or
approved by the religious authorities of the religion to
which the children or wards belong without the
additional cost to the Government;
4. Appropriation allowed where the ministers or
ecclesiastic is employed in the armed forces, in a penal
institution, or in government-owned orphanage or
leprosarium.
FREE EXERCISE CLAUSE
➢ Freedom of religion. No religious test shall be
required for the exercise of civil or political
rights.
a) Right to Believe
b) Right to act according to one’s belief,
which is subject to regulation;
- RA 7716, insofar as the sale of
religious articles, as well as their
printing and publication, is subject to
VAT, is not unconstitutional. As the US
Supreme Court held in Jimmy
Swaggart Ministries and Board of
Equalization, the free exercise clause
does not prohibit imposing a
generally applicable sales and use tax
on the sale of religious materials by a
religious organization.
2. BENEVOLENT NEUTRALITY AND
CONSCIENTIOUS OBJECTOR
- If the burden is great and the sincerity of the
religious belief is not in question, adherence to
benevolent neutrality accommodation approach
requires that the Court make an individual
determination and not dismiss the claim outright.
3. TEST TO DETERMINE THE VALIDITY OF
GOVERNMENTAL REGULATION
a) Clear and Present Danger
b) Compelling State Interest
- In applying the test, the first inquiry is
whether respondent’s right to religious
freedom has been burdened.The
second step is ascertain respondent’s
sincerity in her religious belief.
H. LIBERTY OF ABODE AND RIGHT TO TRAVEL
- The liberty of abode and changing the same within
the limits prescribed by law shall not be impaired
except upon lawful order of the court.Neither shall
the right to travel be impaired except in the interest
of national security, public safety or public health, as
may provided by the law.
1. SCOPE AND LIMITATIONS
➢ Liberty of abode and travel except upon
lawful order of the court, national security,
public safety, or public health.
 Liberty under the foregoing clause
includes the right to choose one’s
residence, to leave it whenever he pleases
and to travel wherever he wills.
 It is apparent that the right to travel is not
absolute. There are constitutional,
statutory and inherent limitations
regulating the right to travel.
 The liberty of abode may only be
impaired by a lawful order of the court
and, on the one hand, the right to travel
may only be impaired by a law that
concerns national security, public safety
or public health. Therefore, when the
exigencies of times call for a limitation on
the right to travel, the Congress must
respond to the need by explicitly
providing for the restriction in a law.
Limitations: Lawful order of the court.
- Interest of National Security, public safety or
public health as may be provided by the law.
- In Philippine Association of Service Exporters vs
Drilon, administrative order issued by the Secretary
of Labor temporarily suspending the deployment of
Filipino female domestic helpers abroad was upheld,
in view of the need to extend protection to female
domestics who were most prone to exploitation and
abuse by their foreign employes. In Marcos vs.
Manglapus, 178 SCRA 760, the Supreme Court
sustained the refusal of the government to allow the
petitioner’s return to the Philippines, on the ground
that it would endanger national security.
2. WATCH-LIST AND HOLD DEPARTURE ORDER
- a lawful order of the court is a valid restriction on
the right to travel. Holding an accused in a criminal
case within the reach of the courts by preventing his
departure from the Philippines must be considered a
valid restriction on the right to travel, that that he
may be dealt with in accordance with law.
- In Defensor vs Vasquez, the court further clarified
the foregoing principles:
i. The hold departure order is but an exercise of
respondent court’s inherent power to
preserve and maintain the effectiveness of its
jurisdiction over the case and over the person
of the accused;
ii. By posting bail, the accused holds herself
amenable at all times to the orders and
processes of the court, thus, she may be
legally prohibited from leaving the country
during the pendency of the case; and
iii. Parties with pending cases should apply for
permission to leave the country from the very
same courts which, in the first instance, are in
the best position to pass upon such
applications and to impose the appropriate
conditions therefor, since they are conversant
with the facts of the cases and the
ramifications or implications thereof.
I. RIGHT TO INFORMATION
➢ Recognition of the right of the people to
information on public concern. 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 to citizens, subject to
limitations provided by law.
1. SCOPE AND LIMITATIONS
-The right of the people to information on matters of
public 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.
 In Chavez vs PEA and Amari, GR No. 133250,
Jul. 9, 2002, it was held that the right to
information contemplates inclusions of
negotiations leading to the consummation of
the transaction. Otherwise the people
cannever exercise the right if no contract is
consummated, of if one is consummated, it
may be too late for the public to expose its
defects. However, the right only affords
access to records, documents and papers,
which means the opportunity to inspect and
copy them at his expense. The exercise is also
subject to reasonable regulations to protect
the integrity of public records and to
minimize disruption of government
operations.
 Exceptions: The right does not extend to
matters recognized as privileged
information rooted in separation of
powers, nor to information on military
and diplomatic secrets, information
affecting national security, and
information on investigations of crimes
by law enforcement agencies before the
prosecution of the accused.
- In Re: Request for Live Radio Coverage of the Trial in
the Sandiganbayan of the Plunder Cases against
former President Joseph Ejercito Estrada, the Supreme
Court denied petitioner’s request to televise and
broadcast live the trial of President Joseph Estrada
before the Sandiganbayan. The Supreme Court said
when the constitutional guarantees of freedom of the
press and the right to public information, on the one
hand and the fundamental rights of the accused, on
the other hand, along with the constitutional power
of the court to control its proceedings in ensuring a
fair and impartial trial race against another,
jurisprudence dictates that that the right of the
accused must be preferred to win.
Need for publication of laws reinforces this right
- In Tanada vs Tuvera, the Court said
that “Laws must come out in the open
in the clear light of the sun instead of
skulking in the shadows with their
dark, deep secrets. Mysterious
pronouncements and rumored rules
cannot be recognized as binding
unless their existence and contents
are confirmed by a valid publication
intended to make full disclosure and
give proper notice to the people.
J. EMINENT DOMAIN
1. CONCEPT- Private property shall not be taken for
public use without just compensation.
2. PUBLIC USE
3. JUST COMPENSATION
 Just Compensation- full and fair
equivalent of the property subject of
expropriation. It is ascertained on the
owner’s loss and not on the takers gain.
In Republic vs Judge Mupas, the Court
explained that prompt payment must be
made to the property owner so that he
may derive income from both the
condemned property and its income-
generating potential. This is because the
property owner suffers the immediate
deprivation of both his land and its fruits
or income.
 Ideally, just compensation should be
immediately made available to the
property owner so that he may derive
income from this compensation, in the
same manner that he would have derived
income from his expropriated property.
However, if full compensation is not paid
for the property taken, then the State
must pay for the shortfall in the earning
potential immediately lost due to the
taking, and the absence of replacement
property from which an income can be
derived. Interest on the unpaid
compensation becomes due as compliance
with the constitutional mandate on
eminent domain and as a basic measure of
fairness.
 The court noted that the just
compensation contemplated in RA No.
8974 contemplates the completion of two
payments to the property owner, to wit:
(1) the initial payment of the amount
equivalent to the sum of 100% of the
value of the property based on the
current relevant BIR zonal valuation and
the value of the improvements and/or
structures thereon, which is made upon
the filing of the complaint. (2) the
payment of the difference between the
amount already paid and the just
compensation as determined by the court,
which is made after the trial court’s
decision becomes final and executory.
Upon initial payment of the so called
provisional value of the condemned
property , the court shall issue a writ of
possession in order to provide the
government the "flexibility
immediately take the property pending
the court’s final determination of just
compensation” and commence the
implementation of the infrastructure
project. (Evergreen Manufacturing
Corp vs Republic)
4. EXPROPRIATION BY LOCAL GOVERNMENT
K. RIGHT TO ASSOCIATION
The right of the people, including those employed in
the public or private sectors, to form unions,
associations or societies for purposes not contrary to
law shall not be abridged.
1. SCOPE AND LIMITATIONS
SCOPE:
The right to form, or join, unions or
associations, includes the right not to join or, if one is
already a member, to disaffiliate from the association.
In Volkschel Labor Union v. Bureau of Relations, the
right of the labor union to disaffiliate from a labor
federation was held to be part of the right to
association.
LIMITATIONS
Art. 245 of the Labor Code which makes
managerial employees ineligible to join, assist or
form a labor union, does not violate Sec. 8, Art. III of
the Constitution.
The right is not absolute. In PP vs Ferrer, it
was held that the Anti-Subversion Act does not
violate this provision, because the purpose of the
statute was to outlaw only those organizations aimed
at the violent overthrow of the government, and that
the government has a right to protect itself against
subversion is a proposition too plain to require
elaboration.
L. NON-IMPAIRMENT OF CONTRACTS
to
- No law impairing the obligation of contracts shall be
passed.
1. SCOPE AND LIMITATIONS
- To fall within the prohibition, the change must not
only impair the obligation of the existing contract,
but the impairment must be substantial. Moreover,
the law must effect a change in the rights of the
parties with reference to each other, and not with
respect to non-parties.
- Impairment is anything that diminishes the efficacy
of the contract. There is substantial impairment when
the law changes the terms of a legal contract between
the parties, either in the time or mode of the
performance, or imposes new conditions, or
dispenses with those expressed , or authorizes for its
satisfaction something different from that provided
in its terms.
LIMITATIONS
 POLICE POWER- Public welfare is superior
to private rights.
- In Ortigas vs Feati Bank, the SC said
that a municipal zoning ordinance is a
police measure and prevails over a
restriction contained in the title to
property.
 EMINENT DOMAIN
 TAXATION
M. FREE ACCESS TO COURTS AND ADEQUATE
LEGAL ASSISTANCE
- Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.
N. CUSTODIAL INVESTIGATION
- (1) Any person under investigation for the
commission for an offense shall have the right to be
informed of his right to remain silent and to have
competent and independent counsel preferably of his
own choice. If the person cannot afford the services
of counsel, he must be provided with one. These
rights cannot be waived except in writing and in the
presence of the counsel.
-(2) No torture, force, violence, threat, intimidation,
or any other means which vitiates the free will shall
be used against him. Secret detention, places, solitary,
incommunicado, or other similar forms of detention
are prohibited.
(3) Any confession or admission obtained in violation
of this or Section 17 hereof shall be inadmissible in
evidence against him.
(4) The law shall provide for penal and civil sanctions
for violations of this section, as well as compensation
to and rehabilitation of victims of torture or similar
practices and their families.
Miranda Rights applies only from the moment the
investigating officer begins to ask questions for the
purpose of eliciting admissions, confessions or any
information from the accused.
1. MEANING OF CUSTODIAL INVESTIGATION
- Any questioning initiated by law enforcement
officers after a person has been taken into custody or
otherwise deprived of his freedom of action in any
significant way.
- The rule begins to operate at once as soon as the
investigation ceases to be a general inquiry into an
unsolved crime, and direction is then aimed upon a
particular suspect who has been taken into custody
and to whom the police would then direct
interrogatory questions which tend to elicit
incriminating statements.
- Include the practice of issuing an invitation to a
person who is investigated in connection with an
offense he is suspected to have committed, without
prejudice to the liability of the inviting officer for any
violation of the law.
- Police Line-up is not considered a part of any
custodial inquest, because it is conducted before that
stage of investigation is reached (PP vs Bravo). In a
Police Line-up, the process has not yet shifted from
the Investigatory to the accusatory stage, and it is
usually the witness of the complainant who is
interrogated and who gives statement in the course
of the line-up.
- An out-of-court identification may be made in a
“show-up” (where the accused is brought face to face
with the witness for identification), or in a “police-
line up (where the suspect is identified by a witness
from a group of persons gathered for that purpose).
- Thus, any identification of an uncounseled accused assisted by counsel to avoid the
made in a police line-up or in a show-up after the pernicious practice of extorting false
start of custodial investigation is inadmissible in or coerced admissions from the lips of
evidence against him. (PP vs Escordial, supra) the person undergoing investigation.
- The lawyer, however, should never
INVESTIGATIONS NOT CONSIDERED CUSTODIAL
prevent an accused from freely and
INTERROGATION:
voluntarily telling the truth. (PP vs
 A person under normal audit investigation is Enanoria)
not under custodial investigation, because an - The duty of the lawyer includes
audit examiner can hardly be deemed to be ensuring that the suspect under
the law enforcement officer contemplated in custodial investigation is aware that
the rule. the right of an accused to remain
 The court administrator is not a law silent may be invoked at any time.
enforcement officer, an investigation - In PP vs Bolanos, where, while being
conducted by him does not constitute conducted to the police station on
custodial investigation within the board the police jeep, the accused
contemplation of the constitutional made an extrajudicial confession was
guarantee. the sole basis of the judgment of
 An investigation conducted by CSC involving conviction, it was held that the trial
fake eligibility is not custodial investigation. court committed a reversible error.
 An administrative inquiry conducted by the While on board the police jeep, the
employer in connection with an accused was deemed to have been
irregularity/anomaly allegedly committed by already under custodial investigation,
an employee. and should have been informed of his
 Counter-affidavit submitted by the rights.
respondent during preliminary investigation - In PP vs Espiritu, the right to counsel
is admissible in evidence, because does not mean that the accused must
preliminary investigation is not part of personally hire his own counsel. The
custodial investigation. constitutional requirement is satisfied
when a counsel is engaged by anyone
Note: Admission of the videotaped confession is acting on behalf of the person under
admissible such as made during the interviews and investigation, or is appointed by the
spontaneous statements, or those not elicited through court upon petition by said person or
questioning by the law enforcement officers, but given by someone on his behalf.
in an ordinary manner where the appellant verbally - Critical Pre-Trial Stages- Custodial
admits to having committed the offense, are Interrogation before or after charges
admissible. have been filed, and non-custodial
interrogation after the accused has
2. RIGHTS OF PERSON UNDER CUSTODIAL
been formally charged, are considered
INVESTIGATION
iii. To be informed of such rights
i. To Remain Silent - Contemplates the transmission of
- If the suspect refuses to give a meaningful information rather than
statement, no adverse inference shall just the ceremonial and perfunctory
be made from his refusal to answer recitation of an abstract constitutional
questions. principle.
ii. To competent and independent counsel iv. Rights cannot be waived except in writing
(preferable of his own choice) at all stages and signed by the person in the presence
of the investigation of his counsel
- It attaches upon the start of the - Any extrajudicial confession made by
investigation. It is intended so that the a person arrested, detained or under
person being interrogated must be custodial investigation shall be in
 writing and signed by such person in
the presence of his counsel or in the
latter’s absence, upon a valid waiver,
and in the presence of any of the
parents, older brothers and sisters,
his spouse, the municipal mayor, the
municipal judge, district school
supervisor, or priest or minister of the
gospel as chosen by him, otherwise,
such extrajudicial confession shall be
inadmissible as evidence in any
proceeding.
v. No torture, force, etc., which vitiates the
free will shall be used.
vi. Secret detention places, etc. are
prohibited
vii. Confessions/admissions obtained in
violation of rights are inadmissible in
evidence
- There are two kinds of involuntary or
coerced confessions treated in this
section, namely:
a. Coerced confessions, the product of
third-degree methods, such as,
torture, force, violence, threat, and
intimidation;
b. uncounseled statements given
without the benefit of the Miranda
Warning, which are the subject of
par. 1
Note: The alleged infringement of the constitutional
rights of the accused during custodial investigation is
relevant and material only where an extrajudicial
confession or admission from the accused becomes
the basis of conviction.
Constitutional procedures on custodial investigation
do not apply to the spontaneous statements not
elicited through questioning by the authorities, but
given in an ordinary manner whereby the accused
orally admitted having committed the crime.
3. REQUISITE OF A VALID WAIVER
i. Must be in Writing and
ii. Signed by the Person in the presence of
counsel
Any extrajudicial confession made by a
person arrested, detained or under
custodial investigation shall be in writing
and signed by such person in the
presence of his counsel or in the latter’s
absence, upon a valid waiver, and in the
presence of any of the parents, older
brothers and sisters, his spouse, the
municipal mayor, the municipal judge,
district school supervisor, or priest or
minister of the gospel as chosen by him,
otherwise, such extrajudicial confession
shall be inadmissible as evidence in any
proceeding.
 Burden of Proof- The Burden of proving that
there was a valid waiver rest on the
prosecution. Presumption of regularity
cannot prevail over presumption of
innocence of the accused.
 What may be waived- The right to remain
silent and the right to counsel, but not the
right to be informed of these rights.
4. EXCLUSIONARY DOCTRINE- Confession or
admission obtained in violation of Section 12 and
17, Art. III, shall be inadmissible in evidence.
 Confession must be made knowingly, freely
and deliberately admission of the crime
prompted by truth and conscience,
particularly on the facts given that could only
been known by the accused.
 Fruit of the Poisonous Tree- Once the
primary source is shown to have been
unlawfully obtained, any secondary or
derivatives evidence derived from it is also
inadmissible.
 Receipt of Seized Property inadmissible -
The receipts of the seized property signed by
the accused without the assistance of counsel
and with the accused not having been
informed of his constitutional rights is totally
inadmissible.
 Re-enactment of the Crime- Not being clear
from the record that before the re-enactment
made by the accused, he had been informed
of his constitutional rights, and that he had
validly waived such rights before proceeding
with the demonstration, the Sc declined to
 uphold the admissibility of the evidence
relating to the re-enactment.
 Res Gestae- Declaration of the accused
acknowledging guilt made to the police desk
officer after the crime has been committed
may be given in evidence against him by the
police officer to whom the admission was
made as part of the res gestae.
 Waiver of the exclusionary Rule- Failure of
the accused to object to the offer in evidence,
the uncounseled confession was admitted in
evidence.
O. RIGHTS OF THE ACCUSED
(Sec. 14, Art. III)
1. CRIMINAL DUE PROCESS- In Meija vs Pamaran,
enumerated the following ingredients of due process
as applied to criminal proceedings:
a) The accused has been heard in a court
with competent jurisdiction;
b) The accused is proceeded against under
the orderly processes of the law;
c) The accused has been given notice and the
opportunity to be heard;
d) The judgment rendered was within the
authority of the constitutional law.
UNREASONABLE DELAY IN RESOLVING
COMPLAINT
- Failure of the ombudsman to resolve the
complaint that had been pending for six years
clearly violates the constitutional command
for the ombudsman to act promptly on
complaints and the right of the petitioner to
due process of law and to speedy trial.
- In TAdtad vs Sandiganbayan, the court held
that unreasonable delay in the termination of
preliminary investigation by the Tanodbayan
violated the due process clause.
IMPARTIAL COURT OR TRIBUNAL
- Critical component of due process.
- In order to disqualify the judge on the ground of
bias and prejudice, the movant must prove such
bias by clear and convincing evidence.
PLEA OF GUILT TO A CAPITAL OFFENSE
- In PP vs Sta. Teresa, the court enumerated the
stringent constitutional standards impelled by
the dure process clause whenever the accused
pleads guilty to capital offense, viz:
a) The court must conduct a searching inquiry
into the voluntariness of the plea and the full
comprehension of the consequences thereof;
b) Prosecution shall be required to present
evidence to prove the guilt of the accused and
the precise degree of his culpability;
c) Accused must be asked if he desires to
present evidence on his behalf and allow him
to do so f he so desires.
2. BAIL
- All persons except those charged with
offenses punishable by reclusion perpetua
when evidence of guilt is strong, shall before
conviction, be bailable by sufficient sureties,
or be released on recognizance as may be
provided by the law. The right to bail shall not
be impaired even when the privilege of the
writ of habeas corpus is suspended. Excessive
bail shall not be required.
- BAIL is the security given for the release of a
person in custody of the law, furnished by
him or a bondsman, conditioned upon his
appearance before the court as may be
required by the ROC. The right to bail
emanates from the right to be presumed
innocence.
- Applies only when a person has been arrested
and detained for violation of Philippine
criminal laws. It does not apply to extradition
proceedings, because extradition court do
not render judgment of conviction or
acquittal. The decision was modified under
the Government of Hongkong vs Hon. Olalia.,
GR. No. 153675, the court furthermore held in
Mejoff vs Director of Prisons, in granting bail
to the prospective deportee, held that under
the Constitution the principles set forth in the
Universal Declaration of Human Rights are
part of the law of the land. If bail can be
 granted in deportation cases, considering that
the UDHR applies to deportation cases, there
is no reason why it cannot be invoked in
extradition cases.
- Consistent with the separate opinion of
Justice Puno in Puruganan case, a new
standard, “clear and convincing eviden”e",
should be used in granting bail in extradition
cases.
EXCEPTIONS:
e) When charged with an offense punishable by
reclusion perpetua (or higher) and evidence of
guilt is strong.
- It is the duty of the judge to determine if the
evidence of guilt is strong for the purpose of
granting the bail.
- In PP vs Reyes, the Supreme court ruled that
where a person has been convicted by the
trial court of 22 years which is classified as
reclusion perpetua; and while the case is on
appeal, bail may be denied because the
offense is punishable by reclusion perpetua
and the evidence of guilt is strong.
- When accused is charged with an offense
punishable by reclusion perpetua or higher,
the court must conduct a hearing on the
motion for bail that must be conducted by the
judge to determine whether or not the
evidence of guilt is strong. Before the court
resolves the motion for bail, the prosecution
must be given ample opportunity to present
all the evidence that it may wish to introduce
on the probable guilt of the accused, whether
the motion is resolved in summary
proceeding or in the course of regular trial.
- The hearing on petition to bail need not at all
times precede arraignment because even
when the charge is a capital offense, if the
court finds that the accused is entitled to bail
because the evidence of guilt is not strong, he
may be granted provisional liberty even
before the arraignment.
- The court’s order granting or refusing bail
must contain a summary of the evidence for
the prosecution.
f) Right to Bail is not available to the military
- It does not violate the equal protection clause
because there is substantial distinction on
military and civilians.
BAIL A MATTER OF RIGHT
- All persons in custody shall
(i) before or after conviction by the MTC,
MTCC, MCTC
(ii)before conviction by the RTC of an offense
not punishable by death, reclusion perpetua
or life imprisonment
BAIL WHEN DISCRETIONARY
- Upon conviction by the RTC of an offense not
punishable by death, reclusion perpetua or
life imprisonment, the court, on application,
may admit the accused on bail.
- The court, in its discretion, may allow the
accused to continue on provisional liberty
under the same bail bond during the period
to appeal subject subject to the condition of
the bondsman.
- If the penalty imposed is six years but not
more than 20 years , the accused shall be
denied bail, or his previous bail granted shall
be cancelled, upon showing by the
prosecution with notice to the accused of the
following or similar circumstances:
i) The accused is a recidivist, quasi-
recidivist, or habitual delinquent , or
has committed the crime aggravated
by the circumstance of reiteration;
ii) When the accused is found to have
previously escaped from legal
confinement, evaded sentence or has
violated the condition of his bail
without valid justification;
iii) When the accused committed the
offense while on probation, parole, or
under conditional pardon;
iv) Flight risk;
v) When there is tendency that during the
pendency of the case, the accused
might commit another crime.
STANDARDS FOR FIXING BAILS
1) Financial Ability of the accused;
2) Nature and circumstances of the offense;
3) Penalty for the offense charged;
4) Character and reputation of the accused;
5) Age, health, the weight of the evidence against
him;
6) Probability of appearing on the trial;
7) Forfeiture of other bonds for him;
8) Fact that he was a fugitive from justice when
arrested;
9) pendency of other cases which he is under bond.
3. PRESUMPTION OF INNOCENCE
Every circumstances favoring the innocence
of the accused must be taken into account.
The proof against him must survive the test of
reason; the strongest suspicion must not be
permitted to sway judgment.
Presumption of regularity on official duty
cannot prevail over presumption of
innocence, unless, if it is not the sole basis of
conviction.
CIRCUMSTANTIAL EVIDENCE TO BE PROVED
THE FOLLOWING REQUISITES MUST
CONCUR:
o There must be more than one
circumstances
o Facts from which the inferences are
derived are proven;
o Combination of all the circumstances
is such as to produce a conviction
beyond reasonable doubt.
The right can be invoked only be an
individual accused of a criminal offense; a
corporate entity has no personality to invoke
the same.
4 & 5. RIGHT TO BE HEARD and RIGHT TO
COUNSEL
The right to counsel proceeds from the
fundamental principle of due process which
basically means that a person must be heard
before being condemned. It is more than just the
presence of a lawyer in the courtroom or the
mere propounding of standard questions and
objections. It means that the accused is amply
accorded legal assistance extended by a counsel
who commits himself to the cause of the defense
and acts accordingly.
The right to counsel during the trial is not subject
to waiver, because even the most intelligent or
educated man may have no skill in the science of
law, particularly in the rules of procedure, and
without counsel, he may be convicted not
because he is guilty but because he does not
know how to establish his innocence.
The accused cannot waive the right to counsel
during the trial, and no valid waiver of the right
to remain silent or to counsel can be made by a
person under custodial interrogation without the
assiatnce of counsel.
Client is bound by the mistakes of his lawyer,
unless, the negligence or incompetence of counsel
is deemed so gross as to have prejudiced the
constitutional right of the accused to be heard.
6. RIGHT TO BE INFORMED OF THE NATURE AND
CAUSE OF THE ACCUSATION
The reason of this guarantee are:
 To furnish the accused with such a
description of the charge against him as will
enable him to prepare for his defense;
 To avail himself of his conviction or acquittal
for protection against a further prosecution
for the same cause; and
 To inform the court of the facts alleged, so
that if may decide whether they are sufficient
in law to support a conviction.
REQUISITES: In order that the constitutional
right of the accused to be informed of the nature
and cause of the accusation against him may not
be violated:
i. the information must state the name of
the accused
ii. the designation given to the offense of the
statute;
iii. statement of the acts or omission so
complained of as act constituting the
offense;
iv. name of the offended party;
v. approximate time and date of the
commission of the offense; and
vi. place where the offense had been
committed.
 The information must set forth the facts and
circumstances that have a bearing on the
culpability and liability of the accused, so that
the accused can prepare for and undertake
his defense.
 Every element of the offense must be alleged
in the complaint or information, because the
accused is presumed to have no independent
knowledge of the facts that constitute the
offense charged. (PP vs Tabion, GR No.
132715)
7. RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC
TRIAL
SPEEDY TRIAL- A trial free from vexatious,
capricious and oppressive delays. But justice and
fairness, not speed are the objectives.
- Speedy trial means one that can be had as
soon after indictment filed as the prosecution can,
with reasonable diligence, prepare for trial.
- RA 8493 (The Speedy Trial Act) provides that
among others, that the arraignment of the
accused shall be held within 30 days from the
filing of the information, or from the date of
the accused has appeared before the justice,
judge or court in which the charge is pending
whichever date last occurs. Thereafter, where
a plea of not guilty is entered, the accused
shall have 15 days to prepare for trial. Trial
shall commence within 30 days from
arraignment as fixed by the court. In no case
shall the entire trial period exceed 180 days
from the first day of trial, except as otherwise
authorized by the Chief Justice of the
Philippines.
- The right to speedy trial, as well as other
rights conferred by the Constitution or
statute, any be waived except when otherwise
expressly provided by law.
IMPARTIAL TRIAL- the accused is entitled to the
“cold neutrality of an impartial judge.
- Designed to preserve the integrity of the
judiciary and more fundamentally, to gain
and maintain the people’s faith in the
institutions they have erected when they
adopted our constitution.
PUBLIC TRIAL- This is intended to prevent possible
abuses which may be committed against the accused.
An accused has a right to a public trial, but it
is a right that belongs to him more than anyone else,
where his life or liberty can be held critically in
balance. A public trial is not synonymous with
publicized trial; it only implies that the court door
must be open to those who wish to come, sit in the
available seats, conduct themselves with decorum
and observe the trial process.
8. RIGHT OF CONFRONTATION- Right to cross
examine complainant and witnesses. The testimony
of a witness who has not submitted himself to cross
examination is not admissible in evidence. The
affidavits of witnesses who are not presented during
trial—and thus, are not subjected to cross-
examination – are inadmissible because they are
hearsay.
9. RIGHT TO COMPULSORY PROCESSES
- To secure the attendance of the witnesses and
the production of evidence.
- Subpoena is a process directed to a person
requiring him to attend and to testify at the
hearing or trial of an action or at any
investigation conducted under the laws of the
Philippines, or for the taking of his
deposition.
- Requisites for compelling the attendance of
the witnesses:
o Evidence is really material
o Accused is not guilty of neglect in
previously obtaining the production
of such evidence;
o The evidence will be available at
the time desired;
o No similar evidence can be
obtained.
10. TRIAL IN ABSENTIA
- Mandatory upon the court whenever the
accused has been arraigned, notified of dates
of hearing, and his presence is unjustified.
- Does not mean that the prosecution is
thereby deprived of the right to require the
presence of the accused for purposes of
identification by its witnesses which is vital
for the conviction of the accused.
- Even after the accused has waived further
appearance during the trial, he can be
ordered arrested by the court for non-
appearance upon summons to appear for
identification purposes.
- Thus, the presence of the accused is
mandatory on the ff circumstances:
o During Arraignment and Plea
o During Trial for identification;
o During promulgation of judgment
unless for light offenses wherein the
accused may appear by counsel or
representative.
P. RIGHT TO SPEEDY TRIAL AND SPEEDY
DISPOSITION OF CASES
 - All persons shall have the right to speedy
disposition of cases before all judicial, quasi-
judicial or administrative bodies.
- Not limited to the accused in criminal
proceedings but extends to all parties in all
cases including civil and administrative cases,
and in all proceedings, including judicial and
quasi-judicial hearings. Thus, any party to a
case may demand expeditious action on all
officials who are tasked with the
administration of justice.
- However, like the right to speedy trial, this
right is violated only when the proceedings
are attended by vexatious, capricious and
oppressive delays, or when unjustified
postponements of the trial are asked for and
secured, or when without cause or justifiable
motive a long period of time is allowed to
elapse without the party having his case tried.
- Unlike the right to speedy trial, this
constitutional privilege applies only not
during the trial but also even when the case is
already submitted for decision.
- In ascertaining whether the right to speedy
disposition of cases has been violated, the
following factors must be considered:
o The length of the delay;
o Reason of the delay
o Assertion or failure to assert such
1. SCOPE AND LIMITATIONS
right by the accused;
o Prejudiced caused by the delay.
- If the delay is alleged to have occurred during
the given periods, the burden is on the
respondent or the accused to prove the delay
was inordinate. If the delay is alleged to have
occurred beyond the given periods, the
burden shifts to the prosecution to prove that
the delay was reasonable under the
circumstances and no prejudice was suffered
by the accused as a result of the delay. The
determination of whether the delay is
inordinate is not through mere mathematical
reckoning but through the examination of the
facts and circumstances surrounding the case.
Q. RIGHT AGAINST SELF INCRIMINATION
- No person shall be compelled to be a witness
against himself.
- The constitutional right against self-
incrimination proscribes the use of physical
or moral compulsion to extort
communications from the accused and not
the inclusion of his body in evidence when it
may be material. Purely mechanical acts are
not included in the prohibition as the accused
does not thereby speak his guilt, hence the
assistance and guiding hand of counsel is not
required. The essence of the right against
self-incrimination is testimonial compulsion,
that is, the giving off evidence against himself
through testimonial act.
- However, in case of extortion where the
accused was compelled to submit himself for
urine test to determine the presence of drug
substance on his body, the court ruled that
the lower court failed to show how urine
sample could be material to the charge of
extortion. In the instant case, though
petitioner was arrested for extortion; he
resisted having his urine sample taken; and
finally, his urine was the only available
evidence that was used as the basis for his
conviction for the illegal use of drugs.
- The court cannot condone drug testing of all
arrested persons regardless of the crime or
offense for which the arrest was made.
- The right is available not only in criminal
prosecutions but also in all other government
proceedings, including civil actions and
administrative or legislative investigation. It
may be claimed not only by the accused but
also by the witness to whom a question
calling for an incriminating answer is
addressed.
- The kernel of the right is not against
compulsion, but testimonial compulsion only.
- A person cane be compelled to submit himself
for fingerprinting, photographing and
paraffin test, as there is no testimonial
compulsion involved.
- The prohibition extends to the compulsion for
the production of documents, papers and
chattels that may be used as evidence against
the witness, except where the State has the
right to inspect the same such as the books of
accounts of the corporations, under the police
or taxing power.
 - The privilege also protects the accused
against any attempt to compel him to furnish
a specimen of his handwriting in connection
with a prosecution for falsification. Beltran vs
Samson, 53 Phil 570.
2. IMMUNITY STATUTES
- The immunity granted to the witness may be
either a transactional immunity, such as that
which may be granted by the Commission on
Human Rights to any person whose testimony
or whose possession of documents or other
evidence is necessary or convenient to
determine the truth in any investigation
conducted by it or under its authority, which
makes the witness immune from criminal
prosecution for an offense to which his
compelled testimony relates(Sec. 18(8),
Article XIII); or use and fruit immunity, which
prohibits the use if the witness’ compelled
testimony and its fruits in any manner in
connection with the criminal prosecution of
witness.
- The rights against self-incrimination may be
waived, either directly or by failure to invoke
it, provided the waiver is certain and
unequivocal and intelligently made. Thus, the
accused who takes the witness stand
voluntarily and offers testimony in his behalf
may be cross examined and asked
incriminating questions on any matter he
testified to on direct examination.
R. RIGHTS AGAINST DOUBLE JEOPARDY
1. REQUISITES AND LIMITATIONS
REQUISITES:
a) VALID COMPLAINT OR INFORMATION
- Double jeopardy does not attach in
preliminary investigation;
b) FILED BEFORE COMEPETENT COURT
- When it becomes manifest before the
judgment that a mistake has been made in
charging the proper offense, the first charge
shall be dismissed to pave the way for the
filing of the proper offense. The dismissal of
the first case will not give rise to double
jeopardy inasmuch as, in this case, it is clear
that the MTC did not have jurisdiction over
the rape case.
c) TO WHICH THE DEFENDANT HAD
PLEADED
- When the accused had not been arraigned,
double jeopardy will not set in.
- The grant of motion to quash, filed before the
accused makes his plea, can be appealed by
the prosecution because the accused has not
yet been placed in jeopardy.
d) DEFENDANT WAS PREVIOUSLY
ACQUITTED OR CONVICTED, OR THE CASE
DISMISSED OR OTHERWISE TERMINATED
WITHOUT HIS EXPRESS CONSENT.
- Prior conviction, or acquittal, or
termination of the case without the
express consent of the accused is still
required before the first jeopardy can
be pleaded to abate a second
prosecution.
- There is no double jeopardy where
the accused was sentenced on plea
bargaining approved by the court but
without the consent of the fiscal.
- A judgment of acquittal, whether
ordered by the trial or the appellate
court, is final and unappealable and
immediately executory upon its
promulgation.
- When the ground for the motion to
dismiss is insufficiency of evidence.
- The grant of the demurrer to evidence
is equivalent to an acquittal, and any
further prosecution of the accused
would violate the constitutional
proscription against double jeopardy.
Where the denial of the demurer to
evidence is appealed to the CA and the
latter orders the dismissal of the
criminal case, this cannot now be
corrected because of the timely plea
of double jeopardy.
- There is no double jeopardy if the
subsequent information charges the
accused with a different offense, even
if it arises from the same act or set of
acts. Prosecution for the same act is
not proscribed; what is forbidden is
the prosecution for the same offense.
S. RIGHT AGAINST INVOLUNTARY SERVITUDE
- No involuntary servitude in any form shall
exist except as a punishment for a crime
 whereof the party shall have been duly
convicted.
- Exceptions:
o Punishment of a crime in whereof one
has been duly convicted;
o Service in the defense of the state;
o Naval (merchant marine) enlistment;
o Posse comitatus
o Return to work order in industries
affected with public interest;
o Patria potestas
- The requirement under the RH Law for
private and NGO health care providers to
render 48 hours of pro-bon RH services does
not amount to involuntary servitude. Since,
the practice of medicine is undeniably
imbued with public interest that it is both the
power and duty of the State to control and
regulate it in order to protect and promote
the public welfare.
T. RIGHT AGAINST EXCESSIVE FINES, AND CRUEL
AND INHUMAN PUNISHMENT
- Mere severity does not constitute cruel or
unusual punishment.
- To violate the constitutional guarantee, the
penalty must be flagrantly and plainly oppressive,
wholly disproportionate to the nature of the
offense as to shock the moral sense of
community.
U. NON-IMPRISONMENT FOR DEBTS
- No person shall be imprisoned for debt or
non-payment of poll tax.
- While the debtor cannot be imprisoned for
failure to pay his debt, he can be validly
punished in criminal action if he contracted
his debt through fraud, as his responsibility
arises not from the contract of loan, but from
the commission of the crime.
- In PP vs Judge Nitafan, the SC ruled that BP
115 is a valid exercise of the police power and
does not violate this provision, because the
law does not seek to enforce a loan but to
punish dishonesty and abuse of confidence in
the handling of money or goods to the
prejudice of another. Violation of trust receipt
agreement is punishable as estafa which is
not an offense against property but against
public order.
V. EX POST FACTO LAWS AND BILL OF
ATTAINDER
- No Ex- post facto law or bill of attainder shall be
enacted.
KINDS:
- Every law that makes a criminal an action done
before the passage of the law and which was innocent
when done, and punishes such action;
- Every law that aggravates the crime or makes
it greater than it was when committed;
- Law that changes punishment, and inflicts
greater punishment than the law annexed to
the crime when committed;
- Every law that alters the legal rules of
evidence,a nd receives less or different
testimony than the law required at the time of
the commission of an offense in order to
convict the offender;
- Every law which, assuming to regulate civil
rights and remedies only , in effect imposes a
penalty or the deprivation of a right for
something which when done was lawful.
- Every law which deprives persons accused of
a crime of some lawful protection to which
they have become entitled, such as the
protection of a former conviction or acquittal,
or of a proclamation of amnesty.
BILL OF ATTAINDER
- It is a legislative act that inflicts punishment
without trial.
W. WRIT OF HABEAS CORPUS, KALIKASAN,
HABEAS DATA AND AMPARO
HABEAS CORPUS
- The privilege of the writ of habeas corpus
shall not be suspended except in cases of
invasion or rebellion when public safety
requires it.
- Writ of habeas corpus is a writ issued by the
court directed to a person detaining another,
commanding him to produce the body of the
prisoner at a designated time and place, with
the day and cause of his caption and
detention, to do, and to submit to, and to
receive whatever the court or judge awarding
the writ shall consider in his behalf.
- This right may be accorded to a person
sentenced to a longer penalty than was
subsequently meted to another person
convicted of the same offense. It may also be
availed in unlawful denial of bail.
SOCIAL JUSTICE AND HUMAN
RIGHTS
- The Congress shall give highest priority to the
enactment and measures that protect and
enhance the right pf all the people to human
dignity, reduce social, economic and political
inequalities, and remove cultural inequalities
by equitable diffusing wealth and political
power for the common good. To this end, the
State shall regulate the acquisition,
ownership , use and disposition of property
and its increments” (Sec. 1, Art. XIII). “The
promotion of social justice shall include the
commitment to create economic
opportunities based on freedom of initiative
and self-reliance.” (Sec. 2, Art. VIII)
A. A CONCEPT OF SOCIAL JUSTICE
- While the pursuit of social justice can
have revolutionary effect, it cannot
justify breaking the law. While the
State is mandated to promote social
justice and to maintain adequate
social services in the field of housing,
this cannot be interpreted to mean
that “squatting” has been legalized.
The State’s solicitude for the destitute
and the have-nots does not mean it
should tolerate usurpation of
property, public or private.
A. B ECONOMIC, SOCIAL, AND CULTIRAL
RIGHTS
- Full protection of labor
A. C COMMISSION ON HUMAN RIGHTS
- Composed of Chairman and four
members who must be a natural born
citizen of the Philippines and a
majority of whom shall be members
of the Philippines bar.
1. POWERS AND FUNCTIONS
- The commission may investigate, i.e.
received evidence and making
findings of facts as regards claimed
human rights violations involving civil
and political rights.
- The CHR findings of human rights
violations are merely investigative in
character and not binding on the
courts.
- The power to initiate an investigation
and to refer the matter to the Office of
the Ombudsman is within the power
of the CHR as an entity with its own
distinct personality.
EDUCATION, SCIENCE AND
TECHNOLOGY ARTS, CULTURE AND
SPORTS
- The state shall give priority to
education, science and technology,
arts, culture and sports to foster
patriotism and nationalism, accelerate
social progress, and promote total
human deliberation and development
(Sec. 17, Art. III)
A. ACADEMIC FREEDOM
- Academic Freedom shall be enjoyed
in all institutions of higher learning.
Colleges, publicly- or privately-
owned, if they offer collegiates
courses, enjoy academic freedom.
TWO VIEWS
a. From the standpoint of the educational institution:
The freedom of the university to determine “who
may teach; what may be taught, how it shall be
taught; and who may be admitted to study.”

b. From the standpoint of the members of the
academe: The freedom of the teacher or research
worker in higher institutions of learning to
investigate and discuss the problems of his science
and to express his conclusion whether through
publication or in the instruction of students, without
interference from political or ecclesiastical authority,
or from the administrative officials of the institution
in which he is employed, unless his methods are
found by qualified bodies of his own profession to be
completely incompetent or contrary to professional
ethics.
- In Camacho vs Coresis, the SC upheld
the action of the Ombudsman
investigator in dismissing the
administrative complaint against the
professor on the ground of academic
freedom.
LIMITATIONS:
- The dominant Power of the State
- The social interests in the community.
NATIONAL ECONOMY AND PATRIMONY
I. REGALIAN DOCTRINE-
- 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 all other natural resources are owned by
the State. With the exception of agricultural
lands, all other natural resources shall not be
alienated.
- Thus, before any land may be classified from
the forest group and converted into alienable
or disposable land for agricultural or other
purposes, there must be positive act from the
Government.
- All lands not otherwise clearly appearing to
be privately owned are presumed to belong
to the State.
- 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. The exploration, development,
and utilization of natural resources shall
be under the full control and supervision
of the State. The State may directly
undertake such activities, or it may enter into
co-production, joint venture, or production-
sharing agreements with Filipino citizens, or
corporations or associations at least sixty per
centum of whose capital is owned by such
citizens. Such agreements may be for a period
not exceeding twenty-five years, renewable
for not more than twenty-five years, and
under such terms and conditions as may be
provided by law. In cases of water rights for
irrigation, water supply, fisheries, or
industrial uses other than the development of
water power, beneficial use may be the
measure and limit of the grant.
-
II. PUBLIC TRUST DOCTRINE (See Maynilad vs Sec.
of DENR, GR No. 202897
- Public Trust Doctrine. It aims to put an
additional strain upon the duty of the water
industry to comply with the laws and
regulations of the land.
- The doctrine speaks of an imposed duty upon
the State and its representative of continuing
supervision over the taking and use of
appropriated water.[64] Thus, "[p]arties who
acquired rights in trust property [only hold]
these rights subject to the trust and,
therefore, could assert no vested right to use
those rights in a manner harmful to the trust.
- In National Audubon Society v. Superior Court
of Alpine County,[66] a California Supreme
Court decision, it worded the doctrine as that
which –
[T]he state had the power to
reconsider past allocation decisions even
though an agency had made those decisions
after due consideration of their effect on the
public trust. This conclusion reflected the
view that water users could not acquire a
vested property right in the water itself; they
merely obtained a usufructuary right to the
water.
Academic literature further imparts
that "[p]art of this consciousness involves
 restoring the view of public and state
ownership of certain natural resources that
benefit all. [...]" The "doctrine further holds
that certain natural resources belong to all
and cannot be privately owned or controlled
because of their inherent importance to each
individual and society as a whole. A clear
declaration of public ownership, the doctrine
reaffirms the superiority of public rights over
private rights for critical resources. It
impresses upon states the affirmative duties
of a trustee to manage these natural
resources for the benefit of present and
future generations and embodies key
principles of environmental protection:
stewardship, communal responsibility, and
sustainability.
- the public trust doctrine to evolve from a
mere principle to a resource management
term and tool flexible enough to adapt to
changing social priorities and address the
correlative and consequent dangers
thereof. The public is regarded as the
beneficial owner of trust resources, and
courts can enforce the public trust
doctrine even against the government
itself.
- Via legislative act of police power, the
enactment of the Clean Water Act thrusts the
obligation onto the water concessionaires to
provide for a proper sewerage and septage
system that complies with environmental and
health standards to protect present and
future generations. The magnitude of this law
is highlighted by the trust relationship among
the State, concessionaires, and water users,
which must reflect a universal intangible
agreement that water is an ecological
resource that needs to be protected for the
welfare of the citizens. In essence, "[t]he
public trust doctrine is based on the notion
that private individuals cannot fully own trust
resources but can only hold them subject to a
servitude on behalf of the public."[77] "States
can accomplish this goal more efficiently
through statutory regulation"[78] which was
essentially done through the legislation of the
Clean Water Act, and the urgency and
significance of which is now fortified by the
courts under the Public Trust Doctrine as
clamored for by the circumstances of this
case.
III. NATIONALIST AND CITIZENSHIP
REQUIREMENT
- Co-production, joint venture or production
sharing agreements (for exploration,
development and utilization of natural
resources); Filipino citizens, or corporations
or associations at least 60% of whose capital
is Filipino owned. Agreements shall nOT
exceed a period of 25 years.
- Alienable Lands of Public Domain- Only
filipino citizens may acquire not more than 12
hectares by purchase, homestead or grant; or
lease not more than 500 hectares. Private
Corporations may lease not more than 1000
hectares for 25 years, renewable for another
25 years.
- In the grants of rights, privileges, and
concessions covering national patrimony, the
State shall give preference to qualified
Filipinos. Filipinos should be preferred, and
when the Constitution declares that a rights
exists in certain specified circumstances, an
action may be maintained to enforce such
right.
- Franchise, Certificate or any other form of
authorization for the operation of public
utility:Only citizens of the Philippines, or
corporations at least 60% of whose capital is
Filipino-owned.
IV. EXPLORATION, DEVELOPMENT, AND
UTILIZATION OF NATURAL RESOURCES
- 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. The exploration, development,
and utilization of natural resources shall
be under the full control and supervision
of the State. The State may directly
undertake such activities, or it may enter into
co-production, joint venture, or production-
sharing agreements with Filipino citizens, or
corporations or associations at least sixty per
centum of whose capital is owned by such
 citizens. Such agreements may be for a period
not exceeding twenty-five years, renewable
for not more than twenty-five years, and
under such terms and conditions as may be
provided by law. In cases of water rights for
irrigation, water supply, fisheries, or
industrial uses other than the development of
water power, beneficial use may be the
measure and limit of the grant.
- -
V. ACQUISITION, OWNERSHIP AND
TRANSFER OF PUBLIC AND PRIVATE
LANDS
PUBLIC LANDS
- Lands of Public Doman are classified int
Agricultural, forest or timber, mineral lands
and national parks.
- Alienable Lands of the Public Domain is
limited to agricultural Lands.
- To prove that the land subject of an
application for registration is alienable, an
applicant must conclusively establish the
existence of a positive act of the government
such as the presidential proclamation or an
executive order or administrative action,
investigation reports of the Bureau of Lands
investigator, or a legislative act or statute.
- The applicant must secure a certification
from the government that the lands applied
for are alienable and disposable.
- Private Corporations or associations may not
hold such alienable lands of the public
domain except by lease.
PRIVATE LANDS
- Rule: Save in cases of hereditary succession,
no private lands shall be transferred or
conveyed except to individuals, corporations
or associations qualified to acquire or hold
lands of the public domain.
- Aliens cannot acquire lands of public domain.
- Land tenure is not indispensable to the free
exercise of religions profession and worship.
Thus, a religious corporation, controlled by
non-Filipinos cannot acquire and own lands
for even for religious use or purpose. Thus,
for a religious corporation to acquire lands, it
must appear that at least 60% of the faithful
or its members are citizen of the Philippines
in order to comply with the citizenship
requirement.
- However, land sold to an alien which was
later transferred to a Filipino citizen—or
where the alien later become Filipino citizen
—can no longer be recovered by the vendor,
because there is no longer any public policy
involved.
Exceptions to the rule:
o Hereditary Succession
o Natural Born Citizen of the
Philippines who has lost his
Philippine citizenship may be a
transferee of private lands, subject to
limitations provided by law.
 BP 185 provided that a
natural born citizen of the
Philippines who lost his
Filipino citizenship may be the
transferee of private land up
to maximum of 1,000 square
meters, if urban, or one
hectare if rural, to be used by
him as his residence. BP 185
has now been amended by RA
8179 which has increased the
maximum area of private land
which the former natural-
born Filipino citizen may
require to 5,000 sq.m. for
urban land and 3 hectares for
rural land.
o Americans hold valid title to private
land as against private persons.
- Remedies available to recover private lands
from disqualified alien.
o Escheat Proceeding
o Action for reversion under Public
Land Act. The director of Lands has
the authority and specific duty to
conduct investigation alleged fraud in
obtaining free patents and the
corresponding titles to alienable
public lands, and, if facts disclosed in
the investigation warrant, to file the
corresponding court action for
reversion of the land to the State. But
it is the State alone, which may
institute reversion proceedings
against public lands allegedly
required through fraud and
 misrepresentation pursuant to Sec.
101 of the Public Land Act. Private
parties are without legal standing at
all to question the validity of
respondent’s title.
o An action for recovery filed by former
filipino owner, the pari delicto
doctrine having been abandoned,
unless the land is sold to an American
citizen prior to July 3, 1974 and the
American citizen obtained title
thereto.
VI. CONCEPT OF ANCESTRAL DOMAIN
(INCLUDING ANCESTRAL LANDS)
VII. PRACTICE OF PROFESSION
- The practice of profession in the Philippines
shall be limited to Filipino citizens, save in
cases prescribed by law.
LAW ON PUBLIC OFFICERS,
ADMINISTRATIVE LAW, ELECTION
LAW AND LOCAL GOVERNMENT
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, and individual is invested with some
sovereign power of government to be exercised by
him for the benefit of the public.
Elements:
(1) Created by law/ authority of law;
(2) Possess a delegation of a portion of
the sovereign powers of government,
to be exercised for the benefit of the
public;
(3) Powers conferred and duties imposed
must be defined, directly or impliedly,
by the legislature or by legislative
authority.
(4) Duties must be performed
independently and without the
control of a superior power other
than the law, unless they be those of
an inferior or subordinate office
created or authorized by the
legislature, and by it placed under the
general control of a superior office or
body;
(5) Must have a permanence or
continuity.
Public Officer. A person wo holds a public office. It
includes :elective and appointive officials and
employees, permanent or temporary, whether in the
classified, unclassified or exempt service, receiving
compensation, even nominal, from the government.
B. MODES OF ACQUIRING TITLE TO PUBLIC
OFFICE
C. MODES AND KINDS OF APPOINTMENT
- Official Relations are commenced by
appointment or by election.
Appointment: is the selection, by the authority with
the power, of an individual who is to perform the
functions of a given office.
Commission: the written evidence of the
appointment.
Designation: the imposition of additional duties,
usually by the law, on a person already in a public
service.
Classification:
a. Permanent and Temporary
 Permanent appointment is extended to a
person possessing the requisite
qualifications, including the eligibility
required, for the position, and thus protected
by the constitutional guaranty of a security of
tenure.
 o It implies the holding of the
appropriate civil service eligibility on
the part of the appointee, unless the
position involved requires no such
eligibility.
 Temporary Appointment is an acting
appointment; it is extended to one who may
not possess the requisite qualifications or
eligibility required by the law for the position,
and is revocable at will, without the necessity
of just cause or a valid investigation.
Acquisition of the appropriate civil service
eligibility by a temporary appointee will not
ipso facto convert the temporary
appointment into a permanent one; a new
appointment is required.
- In Romualdez III vs CSC, 197 SCRA 168, the
acceptance of the petitioner of a temporary
appointment resulted in the termination of
official relationship with his former
permanent position. When the temporary
appointment was not renewed, the petitioner
had no cause to demand reinstatement
thereto.
A. A For Regular Appointment:
o Nomination by the President
o Confirmation by the Commission on
Appointments
o Issuance of the Commission;
o Acceptance by the appointee.
- In the case of ad interim appointments, the
nomination, issuance of the appointment and
acceptance by the appointee precede the
confirmation by the Commission on
Appointment.
A. B For Appointments which do not
require confirmation:
o Appointment by Appointing
authority;
o Issuance of the commission; and
o Acceptance by the Appointee
- In Lacson vs Romero, the SC held that
acceptance of the appointment by the
appointee is the last act that completes the
appointing process.
A. CWhere the appointment is to the career service
of the Civil Service, attestation by the Civil
Service Commission is required.

b. Regular and Ad-interim

Appointment is essentially a discretionary
- Classification of this appointment can be used
power and must be performed by the officer
only when referring to the four categories of
whom it is vested according to his best lights,
appointments made by the President of the
the only condition being that the appointee
Philippines, which requires confirmation by the
should possess the minimum qualification
Commission on Appointments, viz:
requirements prescribed by law for the
1. Heads of the Executive Departments
position.
2. Ambassadors and other public ministers
and consuls;
D. ELIGIBILITY AND QUALIFICATION
3. Officers from the AFP , from the rank of
REQUIREMENTS
the colonel or naval captain;
- May refer to endowments, qualities and
4. Officers whose appointments are vested
attributes which make an individual eligible
in the Philippines under the Constitution.
for public office, e.g. office; or May refer to the
 Regular Appointment. One made by the
act of entering into the performance of the
President while Congress is in session after the
functions of a public office, e.g., taking the
nomination is confirmed by the Commission on
oath of office.
Appointments, and continues until the end of the
- When used in the sense of endowments,
term.
qualities or attributes, the individual must
 Ad Interim. One made by the President while
possess the qualifications at the time of
Congress is not in session, before confirmation by
appointment or election and continuously for
the Commission on Appointments, is immediately
as long as the official relationship continues.
effective, and ceases to be valid if disapproved or
o Loss of any of the qualifications
bypassed by the Commission on Appointments
during incumbency will be a ground
upon the next adjournment by the Congress.
for termination.
- When referring to the act of the entering into
STEPS IN THE APPOINTING PROCESS
the performance of the functions of the office,
 failure of an officer to perform an act
required by law could affect the officer’s title
to the given office.
o Prolonged failure or refusal to take an
oath of office could result in forfeiture
of office. The office of any official
elected who fails or refuses to take his
oath of office within six months from
his proclamation shall be considered
vacant, unless said failure is for a
cause or causes beyond his control.
o An oath of office is a qualifying
requirement for public office.
E. DISABILITIES AND INHIBITIONS OF PUBLIC
OFFICERS
PROHIBITIONS:
1. Partisan Political Party-
“ No officer or employee of the CSC shall
engage, directly or indirectly, in any electioneering or
partisan political campaign”
2. Additional or Double Compensation-
“ No elective or appointive public officer or
employee shall receive additional, double, or indirect
compensation, unless specifically authorized by the
law, nor accept without the consent of the Congress,
any present, emolument, office or title of any kind
from the foreign government”
3. Prohibition Against Loans:
“ No loan, guaranty, or other form of financial
accommodation for any business purpose may be
granted, directly or indirectly, by any GOCC or
financial institutions to the President, V-President,
members of the Cabinet, the Congress, Supreme
Court, the Constitutional Commissions, and the
Ombudsman, or to any firm or entity in which they
have controlling interest during their tenure.
4. Limitation on Laborers. Shall not be assigned to
perform clerical duties.
5. Detail or reassignment: No detail or reassignment
shall be made within three months before any
election without the approval of the COMELEC.
6. Nepotism- All appointments made in favor of a
relative of the appointing or recommending
authority, or of the chief of the bureau or office, or of
the person exercising immediate supervision over
him, are prohibited.
F. POWERS AND DUTIES OF PUBLIC OFFICERS
AUTHORITY OF PUBLIC OFFICERS- The authority
of public officers consists of those powers which are:
- Expressly conferred upon him by the act
appointing him;
- Expressly annexed to the office by the law;
- Attached to the office by the common law as
incidents to it.
DOCTRINE OF NECESSARY IMPLICATIONS- all powers
necessary for the effective exercise of the express
powers are deemed impliedly granted.
MINISTERIAL AND DISCRETIONARY POWERS:
Ministerial- one the discharge of which by the officer
concerned is imperative and requires neither
judgment nor discretion.
Discretionary- one imposed by law upon a public
officer wherein the officer has the right to decide how
and when the duty shall be performed; mandamus
will not lie to compel the performance of a
discretionary power. In Sharp International
Marketing vs CA, the Sc said that while mandamus
will not lie to control the discretion, the writ may
issue to compel the exercise of discretion but not the
discretion itself.
DUTIES OF PUBLIC OFFICERS
1. General (Constitutional) duties of public officers:
To be accountable to the people; to serve them
with utmost responsibility, integrity, loyalty and
efficiency; to act with patriotism and justice; and to
lead a modest life.
- Public Service requires integrity and
discipline. For this reason, public servants
must exhibit at all times the highest sense of
honesty and dedication to duty. By the very
nature of their duties and responsibilities,
they must faithfully adhere to, old sacred and
render inviolate the constitutional principle
that the public office is a public trust.
- The administrative code of 1987 expressly
prohibits public officers and employees from
entering into contracts involving the
expenditure of public funds unless an
appropriate law authorizing the expenditure
required in the contract and a certification by
 the proper accounting official and auditor
that funds have been appropriated by law and
such funds are available are attached to the
contract.
2. To submit a declaration under oath of his assets,
liabilities and net worth upon assumption of office and
as often thereafter as may be required by law.
3. To owe the State and the Constitution allegiance at
all times.
G. RIGHTS OF PUBLIC OFFICERS
a. RIGHT TO OFFICE
- The just and legal claim to exercise the
powers and the responsibilities of the public
office.
b. RIGHT TO SALARY
- Salary is the personal compensation to be
paid to the public officer for his services, and
its generally a fixed annual or periodical
payment depending on the time and not on
the amount of the services he may render.
c. RIGHT TO PREFERENCE IN PROMOTION
- But the right does not prevail over the
discretion of the appointing authority.
d. RIGHT TO VACATION AND SICK LEAVE
e. RIGHT TO MATERNITY LEAVE
f. RIGHT TO RETIREMENT PAY
- Retirement laws are liberally construed in
favor of the retiree, because their objective is
to provide the retiree’s sustenance and,
hopefully, even comfort, when he is no longer
has the capability to earn a livelihood.
- The well settled rule is that the money value
of the terminal leave of a retiring employee
shall be computed at the retiree’s highest
monthly salary.
g. OTHERS
- Right to Reimbursement of expenses incurred
in the due performance of his duty.
- Right to be indemnified against any liability
which they may incur in the bona fide
discharge of their duties.
- Right to longevity pay
H. LIABILITIES OF PUBLIC OFFICERS
a. PREVENTIVE SUSPENSION AND BACK
SALARIES
- There are two kinds of preventive suspension
of Civil Service Employees who are charged
with offenses punishable by removal or
suspension, viz:
(a) Preventive Suspension pending
investigation;
(b) Preventive Suspension pending appeal if
the penalty imposed by the disciplining
authority is suspension or dismissal and, after
review, the respondent is exonerated under
Sec. 47 of the Administrative Code of 1987.
- It was then held that the employee has no
right to compensation during preventive
suspension pending investigation, even if he
is exonerated, because in order to be entitled
to payment of back salaries, it is not enough
that an employee be exonerated of the
charges against him. In addition, it must be
shown that his suspension is unjustified.
- The preventive suspension of civil service
employees charged with dishonesty,
oppression, grave misconduct or neglect t of
duty, is authorized by the Civil Service Law. It
cannot therefore, be considered “unjustified”
even if the later the charges are dismissed, It
is one of the sacrifices which holding a public
office requires for the public good.
b. ILLEGAL DISMISSAL, REINSTATEMENT,
AND BACK SALARIES
- If the penalty imposed by the disciplining
authority is suspension or dismissal and, after
review, the respondent is exonerated, the
civil service officer or employee is entitled
not only to reinstatement but also to back
salaries for the period of preventive
suspension pending appeal.
- The Court has, time and again, held that an
illegally dismissed government employee
who is later ordered reinstated is entitled to
back wages and other monetary benefits from
the time of his illegal dismissal up to his
reinstatement. The policy of “no work, no
pay” cannot be applied, for such distressing
state of affairs was not of her own making.
- In CSC n=vs Gentallan, the SC ruled that as an
illegally dismissed government employee
who is later ordered reinstated, the
respondent is entitled to back wages and
other monetary benefits from the time of her
illegal dismissal up to her reinstatement. This
is modified in Isabel Galang vs Land Bank,
where the court said that an illegally
 terminated civil service employee is entitled
to back salaries limited only to a maximum of
five years back salaries from illegal
termination up to his reinstatement.
- In BAsilotaosan vs Secretary, DECS, where the
reinstatement was not in result of
exoneration but an act of liberality of the
Court of Appeals, the Claim for back wages
must be denied.
I. IMMUNITY OF PUBLIC OFFICERS
J. DISTINGUISHED: DE FACTO AND DE JURE
OFFICERS
K. TERMINATION OF OFFICIAL RELATIONS
Letter of Mrs. Ma. Cristina Roco Corona, AM No.
20-07-10-SC, January 12, 2021)
DE FACTO OFFICERS
 One who has the reputation of being the
officer that he assumes to be, and yet is not a
good officer in the point of law.
 The acts of the de facto officer, insofar as they
affect the public, are valid, binding and with
full legal effect. The doctrine is intended not
for the protection of the public and
individuals who get involved in the official
acts of persons discharging the duties of the
public office.
 Elements:
o A validly existing public office
o Actual physical possession of the said
office
o Color of title to the office:
 By reputation or
acquiescence, the public,
without inquiry, relies on the
supposition that he is the
public officer that he purports
to be.
 Under a known and valid
appointment or election, but
the officer failed to conform to
a requirement imposed by
law,(eg. Taking the oath of
office)
 Under a known appointment
or election, void because of
the ineligibility of the officer,
or want of authority of the
appointing or electing
authority, or because of an
irregularity in his
appointment or election, such
ineligibility, want of authority
or irregularity being unknown
to the public.
 Under a known appointment
or election pursuant to an
unconstitutional law, before
the law is declared
unconstitutional,
1. INVOLUNTARY RETIREMENT (See Re:
- A judgment of impeachment per se connotes
mere removal from the post. Since, our
constitution expressly limited the nature of
impeachment, its effects must consequently
and necessarily be confined within the
constitutional limits. Impeachment
proceedings are entirely separate, distinct
and independent from any other actionable
wrong or cause of action a party may have
against the impeached officer, even if such
wrong or cause of action may have a
colorable connection to the grounds for
which the officer have been impeached.
- An impeached public officer whose civil,
criminal, or administrative liability was not
judicially established may be considered
involuntarily retired from service.
- In this case the court ruled deems CJ Corona
to have been involuntarily retired from public
service due to the peculiar circumstances
surrounding his removal by impeachment,
without forfeiture of his retirement benefits
and other allowances.
 - Retirement is the termination of one’s own appropriate ii. Department heads
employment or career, especially upon examination is and officials of Cabinet
reaching a certain age or for health reasons. required; rank who holds office at
To retire is to withdraw from one’s position ii. Closed career the pleasure of the
or occupation, or to conclude one’s active positions, (e.g. scientific President and their
working life or professional career. or highly technical in personal and
nature) confidential staff;
- Retirement may be voluntary or
iii. Career Executive iii. Chairman and
involuntary:
Service members of commission
o VOLUNTARY when one decides upon ( Undersecretaries, and boards with fixed
one’s own unilateral and independent Bureau of Directors, term of office and their
volition to permanently cease the where the appointee is personal and
exercise of one’s occupation. required to possess the confidential staff;
o INVOLUNTARY when one’s appropriate Career iv. Contractual
profession is terminated for reasons Executive Service Personnel
outside the control and discretion of Officer eligibility.
the worker. IMPEACHMENT iv. Career Officers who
RESULTING IN REMOVAL FROM are appointed by the
HOLDING OFFICE FALLS UNDER THE President;
v. Positions in the AFP
COLUMN ON INVOLUNTARY
vi. Personnel in the
RETIREMENT. GOCC’s with original
charter;
L. THE CIVIL SERVICE vii. Permanent Laborers
1. SCOPE whther skilled or semi
- Embraces all branches, subdivisions, skilled or unskilled.
instrumentalities and agencies of the
Government, including government-owned and REQUISITES:
controlled corporations with original charters. Shall be made only according to merit and fitness
(Sec. 2(1), Art. IX-B). to be determined, as far as practicable and except
2. APPOINTMENTS TO THE CIVIL SERVICE appointments to positions which are policy
determining, primarily confidential or highly
CLASSES OF SERVICE technical, by competitive examination. ( Sec. 2(2),
CAREER SERVICE NON-CAREER SERVICE Art. IX-B)
Characterized by Characterized by
entrance based on merit entrance based on bases EXEMPT FROM COMPETITIVE EXAMINATION
and fitness to be other than those of the REQUIREMENTS:
determined, as far as usual test utilized for 1. POLICY DETERMINING
practicable by the career service, 2. PRIMARILY CONFIDENTIAL
competitive tenure limited a period
3. HIGHLY TECHNICAL- requires possession of
examinations or based specified by law, or
technical skill or training in a supreme or superior
on highly technical which is co terminous
qualifications, with that of the degree.
opportunity for appointing authority or
advancement to higher subject to his pleasur, or 3. PERSONNEL ACTIONS
career position and which is limited to the
security of tenure. duration of a particular  PROMOTION -movement from one position
project for which to another with increase of the duties and
purpose of employment responsibilities as authorized by law and
is made. usually accompanied by an increase in pay.
The positions included The officers embraced o NEXT IN RANCK RULE- Civil Service
are: are the following: Law provides that when a vacancy
i. Open Career Positions i. Elective officials and
occurs, employees next-in-rank
where prior their personal and
should be considered for promotion.
qualification in an confidential staff;
 But the appointing authority still
exercise discretion and is not bound
by this rule, although he is required to
specify the ”special reason or
reasons” for not appointing the
person next in rank.
o AUTOMATIC REVERSION RULE- All
appointments involved in a chain of
promotions must be submitted
simultaneously for approval by the
commission. The disapproval of the
appointment of a person proposed to
a higher position invalidates the
promotion of those in the lower
positions and automatically restores
them to their former positions.
 APPOINTMENT THROUGH CERTIFICATION
– issued to a person who has been selected
from a list of qualified persons certified by
the CSC from an appropriate register of
eligibilities and who meets all the
qualifications prescribed for the position.
 TRANSFER- movement from one position to
another which is of equivalent rank, level or
salary without break in service.
 REINSTATEMENT
 DETAIL
 REASSIGNMENT
 REEMPLOYMENT
M. ACCOUNTABILITY OF PUBLIC OFFICERS
- The wrongful acts or omission of a public officer may
give rise to civil, criminal and administrative liability.
An action of each can proceed independently of the
others.
- Relief from criminal liability does not carry with it
relief from administrative liability.
1. TYPES OF ACCOUNTABILITY
A. ADMINISTRATIVE
QUANTUM OF PROOF: SUBSTANTIAL EVIDENCE
- Cessation from office of a public official by reason of
resignation or retirement neither warrants the
dismissal of the administrative complaint filed
against him while he was still in the service nor does
it render the said administrative case moot and
academic.
B. CRIMINAL
QUANTUM OF PROOF: PROOF OF GUILT BEYOND
REASONABLE DOUBT
2. DISCIPLINE
A. GROUNDS
- Dishonesty - requires malicious intent to
conceal the truth or make false statements;
otherwise the employee may only be held
liable for negligence and not dishonesty.
- Conduct Prejudicial to the Best Interest of
the Service- defined as acts or omissions
that violate the norm of public accountability
and diminish or tend to diminish the faith of
the people in the Judiciary, thereby
prejudicing the best interest in the
administration of justice. As long as it tarnish
the image and integrity of the public office.
- Misconduct- unlawful behavior as well as
gross negligence by the public officer.
- When an elected official refuses to
recognize a legitimate operation of a
government agency and willfully
intervenes to lead the said operation to
failure, grave misconduct is committed.
- Corruption
- Unsatisfactory Conduct and Want of
Capacity
- Gross Negligence
B. JURISDICTION
- Heads and Ministries, agencies and
instrumentalities, provinces, cities and
municipalities have jurisdiction to investigate
and decide matters involving disciplinary
action against officers and employees under
their jurisdiction.
- The CSC has appellate jurisdiction, but it may
also exercise jurisdiction over complaint filed
directly with it, regardless of who initiated
the complaint. In such case, the Commission
may hear and decide the case or deputized a
department or agency to conduct the
investigation.
C. DISMISSAL, PREVENTIVE SUSPENSION,
REINSTATEMENT AND BACK SALARIES
D. CONDONATION DOCTRINE
- No officer or employee of the civil service shall be
removed or suspended except for cause provided
by the law.
PREVENTIVE SUSPENSION
OREVENTIVE PREVENTIVE
SUSPENSION PENDING SUSPENSION PENDING
INVESTIGATION APPEAL
The proper disciplining Punitive in Character.
authority may The authority to
preventively suspend preventively suspend is
for 90 days any exercised concurrently
subordinate officer or by the Ombudsman, supplemented by the the other hand, are
employee under his pursuant to RA 6770; internal rules of dictated by the Rules of
authority pending an the same law authorizes procedure of the Court.
investigation if the a preventive suspension Congress, directs the
charge against such of six months.m course of impeachment
officer or employee proceedings.
involves dishonesty, The end result of an , when a quo
oppression, or grave impeachment proceeding warranto petition is
misconduct, or neglect is the removal of the granted, ouster from
public officer, and his or office is likewise meted,
in the performance of
her perpetual political but the Court can
duty, or if there are
disqualification from likewise impose upon the
reasons to believe that
holding public office. public officer additional
respondent is guilty of penalties such as
charges which would reimbursement of costs
warrant his removal pertaining to the rightful
from office. holder of the public office
Not a penalty but a and such further
measure intended to judgment determining
enable the disciplining the respective rights in
authority to investigate and to the public office,
charges against the position, or franchise of
respondent by all the parties to the
preventing the latter action as justice requires.
from intimidating or in
any way influencing
witnesses against him. In fine, a judgment of An action for quo
Can be ordered even impeachment per se warranto will likewise
without hearing. connotes mere removal proceed independently of
from the post. Since our the impeachment
Constitution expressly proceedings.
limited the nature of
impeachment, its effects
must consequently and
necessarily be confined
3. IMPEACHMENT VS QUO WARRANTO within the constitutional
limits. Impeachment
IMPEACHMENT QUO WARRANTO proceedings are entirely
Political Judicial separate, distinct, and
Congress is the petitions are instituted independent from any
prosecutor, trier and either by the Solicitor other actionable wrong
the judge General in behalf of the or cause of action a party
Republic of the may have against the
Philippines or by an impeached officer, even if
individual claiming the such wrong or cause of
public office in issue, action may have a
both of which petitions colorable connection to
are cognizable only by the grounds for which
the Supreme Court the officer have been
Impeachment quo warranto determines impeached.
proceedings seek to the legal right, title,
confirm and vindicate the eligibility, or
breach of the trust qualifications of the
reposed by the Filipino incumbent to the 4. THE OMBUDSMAN AND THE OFFICE OF THE
people upon the contested public office. SPECIAL PROSECUTOR
impeachable official
- The office of the ombudsman shall include the Office
The 1987 Constitution, as Quo warranto cases, on
of the Overall deputy, the Office of the Deputy of
Luzon, the office of the deputy of the Visayas, the
office of the Deputy for Mindanao, the Office of the
Deputy for the Armed Forces, and the Office of the
Special Prosecutor. The President may appoint other
Deputies as the necessity for it may arise, as
recommended by the Ombudsman.
- Section 8. The Ombudsman and his Deputies shall
be natural-born citizens of the Philippines, and at
the time of their appointment, at least forty years
old, of recognized probity and independence, and
members of the Philippine Bar, and must not have
been candidates for any elective office in the
immediately preceding election. The Ombudsman
must have, for ten years or more, been a judge or
engaged in the practice of law in the Philippines.
- The Ombudsman and his Deputies, as protectors of
the people, shall act promptly on complaints filed in
any form or manner against officers or employees of
the Government, or of any subdivision, agency or
instrumentality thereof, including government-owned
or controlled corporations, and enforce their
administrative, civil and criminal liability in every case
where the evidence warrants in order to promote
efficient service by the Government to the people.
a. FUNCTIONS
The authority and responsibility for the exercise of
the mandate of the Office of the Ombudsman and for
the discharge of its powers and functions shall be
vested in the Ombudsman, who shall have
supervision and control of the said office.
(1) The Office of the Ombudsman may
organize such directorates for administration
and allied services as may be necessary for
the effective discharge of its functions. Those
appointed as directors or heads shall have the
rank and salary of line bureau directors.
(2) The Office of the Overall Deputy shall
oversee and administer the operations of
the different offices under the Office of
Ombudsman.t shall likewise perform such
other functions and duties assigned to it
by the Ombudsman.
(3) The Office of the Special Prosecutor
shall be composed of the Special
Prosecutor and his prosecution staff. The
Office of the Special Prosecutor shall be an
organic component of the Office of the
Ombudsman and shall be under the
supervision and control of the
Ombudsman.
(4) The Office of the Special Prosecutor
shall, under the supervision and control
and upon the authority of the
Ombudsman, have the following powers:
(a) To conduct preliminary
investigation and prosecute
criminal cases within the
jurisdiction of the Sandiganbayan;
(b) To enter into plea bargaining
agreements; and
(c) To perform such other duties
assigned to it by the Ombudsman.
The Special Prosecutor shall have
the rank and salary of a Deputy
Ombudsman.
(5) The position structure and staffing
pattern of the Office of the Ombudsman,
including the Office of the Special Prosecutor,
shall be approved and prescribed by the
Ombudsman. The Ombudsman shall appoint
all officers and employees of the Office of the
Ombudsman, including those of the Office of
the Special Prosecutor, in accordance with the
Civil Service Law, rules and regulations.
Section 15. Powers, Functions and Duties. — The
Office of the Ombudsman shall have the following
powers, functions and duties:
(1) Investigate and prosecute on its own or on
complaint by any person, any act or omission of
any public officer or employee, office or agency,
when such act or omission appears to be illegal,
unjust, improper or inefficient.t has primary
jurisdiction over cases cognizable by the
Sandiganbayan and, in the exercise of this
primary jurisdiction, it may take over, at any
stage, from any investigatory agency of
Government, the investigation of such cases;
(2) Direct, upon complaint or at its own
instance, any officer or employee of the
Government, or of any subdivision, agency or
instrumentality thereof, as well as any
government-owned or controlled corporations
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 officer or
employee at fault or who neglect to perform an
act or discharge a duty required by law, and
recommend his removal, suspension, demotion,
fine, censure, or prosecution, and ensure
compliance therewith; or enforce its
disciplinary authority as provided in Section 21
of this Act: provided, that the refusal by any
officer without just cause to comply with an
order of the Ombudsman to remove, suspend,
demote, fine, censure, or prosecute an officer or
employee who is at fault or who neglects to
perform an act or discharge a duty required by
law shall be a ground for disciplinary action
against said officer;
(4) Direct the officer concerned, in any
appropriate case, and subject to such
limitations as it may provide in its rules of
procedure, 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 of the matters mentioned in
paragraphs (1), (2), (3) and (4) hereof, when
circumstances so warrant and with due
prudence: provided, that the Ombudsman
under its rules and regulations may determine
what cases may not be made public: provided,
further, that any publicity issued by the
Ombudsman shall be balanced, fair and true;
(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) Administer oaths, issue subpoena and
subpoena duces tecum, and take testimony in
any investigation or inquiry, including the
power to examine and have access to bank
accounts and records;
(9) Punish for contempt in accordance with the
Rules of Court and under the same procedure
and with the same penalties provided therein;
(10) Delegate to the Deputies, or its
investigators or representatives such authority
or duty as shall ensure the effective exercise or
performance of the powers, functions, and
duties herein or hereinafter provided;
(11) Investigate and initiate the proper action
for the recovery of ill-gotten and/or
unexplained wealth amassed after February 25,
1986 and the prosecution of the parties
involved therein.
The Ombudsman shall give priority to complaints filed
against high ranking government officials and/or those
occupying supervisory positions, complaints involving
grave offenses as well as complaints involving large
sums of money and/or properties.
Section 16. Applicability. — The provisions of this Act
shall apply to all kinds of malfeasance, misfeasance, and
non-feasance that have been committed by any officer
or employee as mentioned in Section 13 hereof, during
his tenure of office.
Section 17. Immunities. — In all hearings, inquiries,
and proceedings of the Ombudsman, including
preliminary investigations of offenses, nor person
subpoenaed to testify as a witness shall be excused from
attending and testifying or from producing books,
papers, correspondence, memoranda and/or other
records on the ground that the testimony or evidence,
documentary or otherwise, required of him, may tend to
incriminate him or subject him to prosecution:
provided, that no person shall be prosecuted criminally
for or on account of any matter concerning which he is
compelled, after having claimed the privilege against
self-incrimination, to testify and produce evidence,
documentary or otherwise.
Under such terms and conditions as it may determine,
taking into account the pertinent provisions of the Rules
of Court, the Ombudsman may grant immunity from
criminal prosecution to any person whose testimony or
whose possession and production of documents or
other evidence may be necessary to determine the truth
in any hearing, inquiry or proceeding being conducted
by the Ombudsman or under its authority, in the
performance or in the furtherance of its constitutional
functions and statutory objectives. The immunity
granted under this and the immediately preceding
paragraph shall not exempt the witness from criminal
prosecution for perjury or false testimony nor shall he
be exempt from demotion or removal from office.
Any refusal to appear or testify pursuant to the
foregoing provisions shall be subject to punishment for
contempt and removal of the immunity from criminal
prosecution.
- The Office of the Ombudsman shall have the
power to investigate any serious misconduct
in office allegedly committed by officials
removable by impeachment, for the purpose
of filing a verified complaint for impeachment,
if warranted.
- In all cases of conspiracy between an officer
or employee of the government and a private
person, the Ombudsman and his Deputies
shall have jurisdiction to include such private
person in the investigation and proceed
against such private person as the evidence
may warrant. The officer or employee and the
private person shall be tried jointly and shall
be subject to the same penalties and liabilities
- office.
b. JUDICIAL REVIEW IN ADMINISTRATIVE
PROCEEDINGS
Section 27. Effectivity and Finality of Decisions. —
(1) All provisionary orders of the Office of the
Ombudsman are immediately effective and executory.
A motion for reconsideration of any order, directive or
decision of the Office of the Ombudsman must be
filed within five (5) days after receipt of written notice
and shall be entertained only on any of the following
grounds:
(1) New evidence has been discovered which
materially affects the order, directive or
decision;
(2) Errors of law or irregularities have been
committed prejudicial to the interest of the
movant. The motion for reconsideration shall
be resolved within three (3) days from filing:
provided, that only one motion for
reconsideration shall be entertained.
Findings of fact by the Officer of the Ombudsman
when supported by substantial evidence are
conclusive. Any order, directive or decision imposing
the penalty of public censure or reprimand,
suspension of not more than one (1) month's salary
shall be final and unappealable.
In all administrative disciplinary cases, orders,
directives, or decisions of the Office of the
Ombudsman may be appealed to the Supreme
Court by filing a petition for certiorari within ten
(10) days from receipt of the written notice of the
order, directive or decision or denial of the motion
for reconsideration in accordance with Rule 45 of
the Rules of Court.
The above rules may be amended or modified by the
Office of the Ombudsman as the interest of justice
may require.
c. JUDICIAL REVIEW IN PENAL
PROCEEDINGS
5. THE SANDIGANBAYAN
N. TERM LIMITS
- TERM- the period of time during which a
public officer has the right to hold the public
- TENURE- Period of time during which the
public officer actually held office.
ADMINISTRATIVE LAW
A. GENERAL PRINCIPLES
- The 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.
KINDS
- Statutes setting up administrative authorities
- Rules, regulations or orders of such
administrative authorities promulgated
pursuant to the purposes for which they were
created.
- Determinations, decisions and orders of such
administrative authorities made in the
settlement of controversies arising in their
particular fields.
- Body of doctrines and decisions dealing with
the creation, operation and effect of
 determination and regulations of such
administrative authorities.
B. ADMINISTRATIVE AGENCIES
- Organ of government, other than a court and
other than a legislature, which affects the
rights of private parties either thru
adjudication or rule making.
CREATION:
A. CONSTITUTIONAL PROVISION
B. LEGISLATIVE ENACTMENT
C. AUTHORITY OF LAW
- A body or agency is administrative where its
function is primarily regulatory even if it
conducts hearings and determines
2) QUASI JUDICIAL (ADJUDICATORY) POWER
controversies to carry out its regulatory duty.
C. POWERS OF ADMINISTRATIVE BODIES
1) QUASI LEGISLATIVE (RULE MAKING) POWER
- This is the exercise of delegated legislative
power, involving no discretion as to what the
law shall be, but merely the authority to fix
the details in the execution or enforcement of
a policy set out in the law itself.
- Power to make rules and regulations which
results in delegated legislation that is within
the confines of the granting statute and the
doctrine of non-delegability and separation of
powers.
- Administrative agencies may exercise quasi-
legislative powers only if there exists a law
which delegates these powers to them.
a) KINDS OF ADMINISTRATIVE RULES AND
REGULATIONS
 SUPPLEMENTARY OR DETAILED
LEGISLATION- They are rules and
regulations “to fix the details” in the
execution and enforcement of a policy
set out in the law. They are in the
nature of subordinate legislation, and
designated to implement a primary
legislation by providing the details
thereof.
 INTERPRETATIVE LEGISLATION- They
are rules ad regulations construing or
interpreting the provisions of a
statute to be enforced; they are
intended to clarify or explain existing
statutory regulations under which the
administrative body operates.
 CONTINGENT LEGISLATION- rules and
regulations made by an
administrative authority on the
existence of certain facts or things
upon which the enforcement of the
law depends.
b) REQUISITE FOR VALIDITY
 Issued under authority of the law
 Within the scope and purview of the
law
 Reasonable
 Publication in the official gazette or in
the newspaper of General Circulation.
- Proceedings partake of the character of judicial
proceedings.
a.) ADMINISTRATIVE DUE PROCESS- The
requisites of administrative due process, as
enumerated by Ang Tibay vs CIR,
1. Right to Hearing;
2. Tribunal must consider evidence
presented;
3. Decisions must have something to support
itself;
4. Evidence must be substantial;
5. Decisions must be based on the evidence
adduced at the hearing or at least
contained in the record and disclosed to
the parties;
6. Independent consideration of the facts and
the law of the case by the board or its
judges;
7. Decisions must be rendered in such a
manner that the parties to the controversy
can know the various issues involved and
the reasons for the decisions rendered.
 However, in administrative due process
cannot be fully equated to due in the strict
judicial sense. The standard of due process
that must be met in administrative tribunals
allows a certain latitude as long as the
element of fairness is not ignored; even in the
absence of previous notice, there is no denial
of due process as long as the parties are given
the opportunity to be heard. (Adamson vs
Amores)
 In administrative proceedings, procedural
due process simply means the opportunity to
explain one’s side or the opportunity to seek a
 reconsideration of the action or ruling
complained of.
 “To be heard” does not men only verbal
arguments in court; one may also be heard
through pleadings.
b.) ADMINISTRATIVE APPEAL AND REVIEW
 Where provided by the law, appeal from
an administrative determination may be
made to a higher or superior
administrative officer or body.
 The appellate administrative agency may
conduct additional hearings in the
appealed case, if deemed necessary.
c.) ADMINISTRATIVE RES JUDICATA
 The Supreme Court said that decisions
and orders of administrative agencies
upon their finality, have the force and
binding effect of a final judgment within
the purview of the doctrine of res
judicata.[
3) FACT FINDING, INVESTIGATIVE, LICENSING
AND RATE FIXING POWERS (DETERMINATIVE
POWERS)
- ENABLING: to permit or allow something
which the law undertakes to regulate, e.g.
Grant or denial of licenses to engage in the
particular business.
- Directing: Illustrated in the power of
assessment by the BIR.
- Dispensing: to exempt from general
prohibition or relieve an individual or
corporation from a affirmative duty.
- Examining: also called the investigatory
power; consists in requiring production of
books, papers, etc., the attendance of
witnesses and compelling their testimony.
D. JUDICIAL RECOURSE AND REVIEW
 DOCTRINE OF PRIMARY ADMINISTRATIVE
JURISDICTION
- Where there is competence or jurisdiction
vested upon an administrative body to act
upon a matter, no resort to the courts may be
made before such administrative body shall
have acted upon the matter. Buts this rule
applies only where the administrative agency
exercises quasi-judicial or adjudicatory
functions.
 DOCTRINE OF EXHAUSTION OF
ADMINISTRATIVE REMEDIES
- Whenever there is an available
administrative remedy provided by law, no
judicial recourse can be made until all such
remedies have been availed of and exhausted.
Thus, before a party is allowed to seek the
intervention of the court, he should have
availed himself of all the means of
administrative processes afforded him.If
resort to a remedy within the administrative
machinery can still be made by giving the
administrative officer concerned every
opportunity to decide on a matter that come
within his jurisdiction, then such remedy
should be exhausted first before the courts
judicial power can be sought.
- Only those decisions of administrative
agencies made in the exercise of quasi-
judicial powers are subject to the rule of
exhaustion of administrative remedies. Thus,
where what is assailed is the validity of the
constitutionality of a rule or regulation issued
by the administrative agency in the
performance of its quasi-legislative function,
the regular courts have jurisdiction to pass
upon the same.
 DOCTRINE OF FINALITY OF
ADMINISTRATIVE ACTION
- No resort to the courts will be allowed unless
the administrative action has been completed
and there is nothing left to be done in the
administrative structure.
- A party aggrieved must not merely initiate
the prescribed administrative procedure to
obtain relief, but must also pursue it to its
appropriate conclusion before seeking
judicial intervention in order to give that
administrative agency an opportunity to
decide the matter by itself correctly and
prevent unnecessary and premature resort to
the courts.
ELECTION LAW
A. SUFFRAGE
 Exercised by all citizens of the Philippines not Permanent List of Voters for the City or
otherwise disqualified by law, who are at municipality in which he resides.
least 18 years of age, and who shall have  It does not confer the right to vote, but a
resided in the Philippines for at least one condition precedent for the exercise of the
year, and in the place wherein they propose right to vote
to vote, for at least six months immediately  Registration is a regulation, not a
preceding the election. No literacy, property, qualification
or other substantive requirement shall be  The personal filing of applications of
imposed on the exercise of suffrage. registration of voters shall be conducted daily
The right to vote is not a natural right but is a in the office of the Election officer during
right created by the law. Suffrage is a regular office hours, but no registration shall
privilege granted by the State to such persons be conducted during the period starting 120
or classes as are most likely to exercise it for days before a regular election and 90 days
public good. (People of the Philippine Islands before a special election.
vs Coral)
DEACTIVATION
1. QUALIFICATIONS AND DISQUALIFICATION OF  Grounds for deactivation are the same as the
VOTERS grounds for disqualification from suffrage.
QUALIFICATIONS: Additional grounds are the failure to vote in
two successive preceding regular elections as
1. Must be a filipino citizen
shown by the voting records; cancellation of
2. must not be disqualified by law;
registration as ordered by the court; and loss
3.Resides in the Philippines for at least 1
of filipino citizenship.
year and in the place where he proposes
 Reactivation of registration may be done
to vote for at least 6 months immediately
when a voter filed with the Election Officer a
preceding the election.
sworn statement of reactivation of his
 The congress shall provide a system for
registration in the form of an affidavit stating
securing the secrecy and sanctity of the ballot
that the grounds for deactivation no longer
as well as a system for absentee voting by
exist anytime but not later than 120 days
qualified Filipinos abroad.
before a regular election and 90 days before a
 Congress shall design a procedure for the
special election.
disabled and the illiterates to vote without
3. INCLUSION AND EXCLUSION PROCEEDINGS
the assistance of other persons.
- Petition for Inclusion.(Sec. 34, RA 8189)
DISQUALIFICATIONS
Any voters whose application for registration
1.1. Any person sentenced by final judgment to
has been disapproved by the Board or whose
suffer imprisonment of not less than one
name has been stricken out from the list may
year; but right is reacquired upon the
file with the court a petition to include his
expiration of five years after service of
name in the permanent list of voters in his
sentence.
precinct at any time except 105 days prior to
1.2. Any person adjudged by final judgment
a regular election or 75 days prior to special
having committed any crime involving
election. It shall be decided within 15 days
disloyalty to the government or any crime
from date of filing.
against national security; but right is
- Petition for Exclusion. (Sec. 35, RA
reacquired upon expiration of five years
8189)Any registered voter, representative of
after service of sentence.
a political party or Election Officer may file
1.3. Insane or incompetent persons as declared
with the court a sworn petition for the
by competent authority.
exclusion of a voter from the permanent list
2. REGISTRATION AND DEACTIVATION OF
of voters, giving the name, address and
VOTERS
precinct of the challenged voter at any time
REGISTRATION OF VOTERS
except 100 days prior to the regular election
 In order that a qualified elector may vote in
an election, he must be a registered in the
 or 65 days prior to special election. It shall be
decided 10 days from the date of the filing.
Common Rules Governing Judicial Proceedings in
Inclusion and Exclusion
 Petition for inclusion, exclusion or correction
of names of the voter shall be filed during
officer hours.
 Notice of the place and time of the hearing of
the petition;
 Petition shall refer only to one precinct and
shall implead the Board as respondents;
 No cost shall be assessed against any party in
these proceedings unless if it has been filed
solely to harass the adverse party and cause
him to incur expenses;
 Any voter, candidate or political party
affected may intervene and present his
evidence;
 The decision must be based on the evidence
presented;
 Petition shall be decided and heard within 10
days from the date of the filing.
- Jurisdiction is in the Municipal and
Metropolitan Trial Courts which shall have
original and exclusive jurisdiction over all
cases of the inclusion and exclusion of voters.
4. LOCAL AND OVERSEAS ABSENTEE VOTING
Local Absentee Voting. Process by which
qualified citizens of the Philippines abroad
exercise their right to vote (Sec. 3a)
Overseas Absentee Voting- 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 election.
COVERAGE
- All citizen of the Philippines abroad, who are
not otherwise disqualified by law, at least 18
years of age on the day of the elections, may
vote for President,V-President, senators and
patty list representatives (Sec. 4) (Note: Only
for these positions)
DISQUALIFICATIONS:
- Those who have lost their Filipino citizenship
in accordance with Philippine Laws;
- Whose who expressly renounced their
Philippine citizenship and pledge alliance to a
foreign country.
- An immigrant or a permanent resident who
us recognized as such in the host country,
unless he/she executes, upon registration, an
undertaking that he/she shall resume actual
physical permanent residence not later than 3
years from approval of his/her registration.
Such undertaking/affidavit shall also state
that he/she has not applied for citizenship in
another country. (repealed by RA 10590 in
2012)
5. DETAINEE VOTING
B. CANDIDACY
- Candidate under the Automated Election
System now refers to “any person aspiring for
or seeking an elective public office who has
filed his certificate of candidacy and who has
not died or withdrawn or otherwise
disqualified before the start of the campaign
period for which he filed his certificate of
candidacy. Provided, that, unlawful acts or
omissions applicable to a candidate shall take
effect only upon the start of the aforesaid
campaign period.
1.) QUALIFICATIONS AND
DISQUALIFICATIONS OF CANDIDATES
QUALIFICATIONS
- Qualifications prescribed by the law are
continuing requirements and must be
possessed for the duration of the officer’s
active tenure. Once any of the prescribed
qualifications is lost, his title to the office may
be seasonable challenged. (Frivaldo vs
COMELEC)
- The Local Government Code does not specify
any particular date when the candidate must
possess Filipino Citizenship.
- There is no hard and fast rule to determine a
candidate’s compliance with the residency
requirement since the question of a residence
is a question of intention. This
notwithstanding, jurisprudence has laid down
the following guidelines:
o Every person has a domicile or
residence somewhere
o Where once established, the domicile
remains until he acquires a new one;
- Person can have but one domicile at a time.
(Jalosjos vs COMELEC)
- Change of residence requires an actual and
deliberate abandonment, because one cannot
 have two legal residences at the same time. If
no such proof of abandonment, the residence
of origin should be deemed to continue.
DISQUALIFICATIONS
i. Declared as incompetent or
insane by a competent
authority
ii. Sentenced by Final judgment
for subversion, insurrection,
rebellion, or any offense for
which he has been sentenced
to a penalty of more than 18
months of imprisonment.
iii. Sentenced by final judgment
of a crime involving moral
turpitude.
- A petition for certiorari was filed by former
Mayor Alfredo Lim who joined Rios Vidal
theory that Estrada is disqualified to run and
to hold public office, because ethe pardon
extended by President Gloria Arroyo failed to
expressly remit the accessory penalty of
perpetual disqualification. The Supreme
Court ruled that “Estrada was granted an
absolute pardon that fully restored all his civil
and political rights which would naturally
include the right to seek public office. The
language used in the pardon extended to
Estrada was complete and unambiguous and
unqualified, unfettered by Art. 36 and 41 of
the RPC. The phrase in the pardon which
declares that Estrada “is hereby restored his
civil and political rights” substantially
complies with the requirement of express
restoration.
DISQUALIFICATIONS UNDER THE LOCAL
GOVERNMENT CODE (APPLICABLE TO CANDIDATES
FOR ELLECTIVE OFFICE ONLY):
i. Those sentenced by final judgment for an
offense punishable by one year or more of
imprisonment and within two years after
serving sentence.
- In Moreno vs COMELEC, the court ruled that
probation is not a sentence but rather, a
suspension of the imposition of sentence.
Thus, during the period of probation, the
petitioner is not disqualified from running in
the public office, because the accessory
penalty of disqualification from public office
is put on hold for the duration of the
probation. Furthermore, the final discharge of
the probationer shall operate to restore him
all civil rights lost or suspended as a result of
his conviction, and to fully discharge his
liability for any fine imposed as to the offense
for which the probation is granted.
ii. Those removed from office as a result of
administrative case
iii. Those convicted by final judgment for
violating the oath of Allegiance of the
Republic of the Philippines
iv. Those with dual citizenship
- One is disqualified only if he is consciously or
deliberately obtains “dual citizenship”, thus,
owing allegiance to two states.
v. Fugitive from Justice in criminal and non-
political cases here and abroad.
- Includes not only those who flee after
conviction to avoid punishment, but likewise
those who, after being charged, flee to avoid
prosecution”
vi. Permanent residents in foreign country or
those who have acquired the right to reside
abroad and continue to avail of the same right
after the effectivity of the Local Government
Code.
vii. Those who are insane or feebleminded.
ADDITIONAL GROUNDS FOR DISQUALIFICATIONS
i. One who has given money or other material
consideration to influence, induce or corrupt
the voters or public officials performing
electoral functions
ii. One who committed acts of terrorism to
enhance his candidacy
iii. One who spent in his election campaign an
amount in excess of that allowed in this Code.
iv. One who has solicited, received or made
contributions prohibited under Section 89
(transportation, food and drinks), Sec. 95, Sec.
96, Sec. 97 and Sec. 104.
v. One who has violated the provisions of Sec.
80(Campaign Period), Sec. 83( removal,
destruction or lawful propaganda), Sec.
86(regulation of propaganda through mass
media)
vi. One who has violated the provisions of
election offenses.
2.) FILING OF THE CERTIFICATE OF CANDIDACY
a. Effect of filing
 - Any person who files his certificate of
candidacy shall be considered as a candidate
at the start of the campaign period for which
he filed his certificate of candidacy; Provided
that, unlawful acts or omissions applicable to
a candidate shall take effect only upon a start
of the afore stated campaign period;
Provided, finally, that any person holding a
public appointive office or position, including
active members of the armed forces, and
officers and employees of GOCC, shall be
considered ipso facto resigned from his or her
office and must vacate the same at the start of
the day of the filing of his or her certificate of
candidacy.
- Under the present law, no candidate can be
held liable for premature campaigning,
because “he shall be considered a candidate
(only) at the start of the campaign period.
- A candidate cannot be annulled on the sole
ground of formal defects in the certificate,
such as lack of the required oath.
b. Substitution and Withdrawal of candidacy
- If after the last day for the filing of certificates
of candidacy, an official candidate of a
registered political party dies, withdraws or
is disqualified for any cause, only a person
belonging to and certified by the same
political party may file a certificate of
candidacy for the office not later than the
mid-day of the day of the election.
- In case of valid substitution after the official
ballots have been printed, the votes cast for
the substituted candidate shall be considered
votes for the substitute.
- Evidently, Sec. 77 requires that there be an
“official candidate” before candidate
substitution proceeds. In this regard the COC
is the document which formally accords upon
a person the status of a candidate.
Considering that Sec. 77 requires that there
be a candidate in order for substitution to
take place, as well as the precept that a
person without a valid COC is not considered
as a candidate, it necessarily follows that if a
person’s COC had been denied due course
and/or is cancelled he cannot be validly
substituted.
- In Aratea vs COMELEC, the court ruled that a
cancelled certificate of candidacy void ab
initio cannot give rise to a valid candidacy,
and much less to a valid votes. Thus, the
“second placer” candidate is deemed to have
garnered the highest number of vote and is
entitled to hold the corresponding elective
position.
- The withdrawal of the certificate of
candidacy shall effect the disqualification of
the candidate to be elected for the position.
The withdrawal, for the purpose of reviving
the certificate of candidacy, must be made
within the period provided by law for the
filing of the certificate of candidacy.
- When a person files two certificate s of
candidacy for different offices, he becomes
ineligible for neither position. He may
withdraw one of his certificates by filing a
sworn declaration with the COMELEC before
the deadline of the filing of the COC.
c. Nuisance Candidates
- The Comelec may motu proprio, or upon
verified petition of an interested party, refuse
to give due course to or cancel a certificate of
candidacy if it is shown that the said
certificate was filed:
o To put the election process in
mockery or disrepute;
o To cause confusion among the voters
by the similarity of the names of the
registered candidates; or
o 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 has been filed, and thus,
prevent a faithful determination of
the true will of the electorate.
- This denial or cancellation may be motu
proprio of upon a verified petition of an
interested party”. But the COMELEC commits
grave abuse of discretion if it denies due
course to or cancels a certificate of candidacy
without affording the candidate an
opportunity to be heard.
- The vote cast for a nuisance candidate
declared as such in a final judgment,
particularly where such nuisance candidate
has the same surname as that of the
legitimate candidate, are not stray but must
be counted in favor of the latter.
d. Duties of the COMELEC
 - Subject to its authority over nuisance
candidates and its power to deny due course
to or cancel a COC under Section 78, BP 881,
the COMELEC shall have only ministerial duty
to receive and acknowledge receipt of the
COC. (Sec. 76 of BP 881)
- Instances when the COMELEC may go beyond
the face of the certificate:
o Nuisance Candidate
o Petition to deny due course or to
cancel a COC
o A disqualification case based on any
of the grounds enumerated in Sec. 68,
BP 881, e.g. vote-buying, terrorism,
overspending, etc.,
C. CAMPAIGN
- Refers to an act designed to promote the
election or defeat of a particular candidate or
candidates to a public office.
1) PREMATURE CAMPAIGNING
- Under section 80 of BP 881, it shall be
unlawful for any person or any party to
engage in election campaign or partisan
political activity except during the campaign
period.
- By virtue of Section 15, RA 8436, as amended
by RA 9369, which provides that “unlawful
acts or omissions applicable to a candidate
shall take effect only upon the start of the said
campaign period.
2) PROHIBITED CONTRIBUTIONS
- Contribution includes a gift, donation,
subscription, loan, advances or deposit of
money or anything of value, or a contract,
promise or agreement to contribute, whether
or not legally enforceable, made for the
purpose of influencing the result of the
elections, but shall not include services
rendered without compensation by
individuals volunteering a portion or all of
their time in behalf of a candidate or political
party.
- No contribution for purposes of partisan or
political activity shall be made directly or
indirectly by any of the following:
o 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
institutions legally in the business of
lending money, and that the loan is
made in accordance with laws and
regulations in the ordinary course of
the law;
o Natural and juridical persons
operating a public utility, or in
possession of or exploiting any
natural resources of the nation.
o Natural and juridical persons who
hold contracts or sub-contracts to
supply the government or any of its
divisions, subdivisions or
instrumentalities, including GOCC’s.
o Natural and juridical person who,
within one year prior to the date of
the election have been granted loans
or accommodations in excess of
P100,000.00 by the government or
any of its divisions, subdivisions or
instrumentalities, including GOCC’s.
o Educational institutions which have
received grants of public funds
amounting to no less than P100,000.
o Officials or employees in the CSC or
member of the AFP.
o Foreigners and foreign corporations.
3) LAWFUL AND PROHIBITED ELECTION
PROPAGANDA
Section 82. Lawful election propaganda. - Lawful
election propaganda shall include:
(a) Pamphlets, leaflets, cards, decals, stickers or
other written or printed materials of a size not
more than eight and one-half inches in width and
fourteen inches in length;
(b) Handwritten or printed letters urging voters
to vote for or against any particular candidate;
(c) Cloth, paper or cardboard posters, whether
framed or posted, with an area exceeding two
feet by three feet, except that, at the site and on
the occasion of a public meeting or rally, or in
announcing the holding of said meeting or rally,
streamers not exceeding three feet by eight feet
in size, shall be allowed: Provided, That said
streamers may not be displayed except one week
before the date of the meeting or rally and that it
shall be removed within seventy-two hours after
said meeting or rally; or
 (d) All other forms of election propaganda not
prohibited by this Code as the Commission may
authorize after due notice to all interested parties
and hearing where all the interested parties were
given an equal opportunity to be heard: Provided,
That the Commission's authorization shall be
published in two newspapers of general
circulation throughout the nation for at least
twice within one week after the authorization has
been granted.
- Section 4, RA 9006, requires that print
advertisements donated to a candidate shall
not be published without the written
acceptance of the said candidate, which
written acceptance shall be attached to the
advertising contract and submitted to the
COMELEC.
4) LIMITATION ON EXPENSES
Section 85. Prohibited forms of election propaganda.
- It shall be unlawful:
(a) To print, publish, post or distribute any
poster, pamphlet, circular, handbill, or
printed matter urging voters to vote for or
against any candidate unless they bear the
names and addresses of the printer and payor
as required in Section 84 hereof;
(b) To erect, put up, make use of, attach, float
or display any billboard, tinplate-poster,
balloons and the like, of whatever size, shape,
form or kind, advertising for or against any
candidate or political party;
(c) To purchase, manufacture, request,
distribute or accept electoral propaganda
gadgets, such as pens, lighters, fans of
whatever nature, flashlights, athletic goods or
materials, wallets, shirts, hats, bandanas,
5) STATEMEMT
matches, cigarettes and the like, except that
campaign supporters accompanying a
candidate shall be allowed to wear hats
and/or shirts or T-shirts advertising a
candidate;
(d) To show or display publicly any
advertisement or propaganda for or against
any candidate by means of cinematography,
audio-visual units or other screen projections
except telecasts which may be allowed as
hereinafter provided; and
- (e) For any radio broadcasting or television
station to sell or give free of charge air time
for campaign and other political purposes
except as authorized in this Code under the
rules and regulations promulgated by the
Commission pursuant thereto.
Any prohibited election propaganda gadget
or advertisement shall be stopped,
confiscated or torn down by the
representative of the Commission upon
specific authority of the Commission.
- In Badoy vs COMELEC, the prohibition of
certain forms of election propaganda was
upheld as a valid exercise pf the police power,
“to prevent the perversion and the
prostitution of the electoral apparatus, of the
denial of due process of law.”
- Section 13, RA 7166, provides that for the
1992 synchronized elections, the aggregate
amount that a candidate or registered
political party may spend for election
campaign shall be, as follows:
o For Candidates: P10 for President and
Vice President; and for other
candidates P3 for every voter
currently registered in the
constituency where he filed his
certificate of candidacy; Provided that
a candidate without any political
party and without support from any
political party may be allowed to
spend P5 for every such voter; and
o For Political Party: P5 for every voter
currently registered in the
constituency or constituencies where
it has official candidates.
AND CONTRIBUTION OF
EXPENSES
- Every candidate and treasurer of the political
party shall, within 30 days after the day of the
election, file in duplicate with the office of the
Commissions, the full, true and itemized
statement of all contributions and
expenditures in connection with the election.
(Sec. 14, RA 7166)
- No person elected to any public office shall
enter upon the duties of the office until he has
filed the statement pf contributions and
expenditures herein required. The same
prohibition shall apply if the political party
 that nominated the winning candidate fails to
file the statement required therein.
- Except candidates for elective barangay
office, failure to file the statements or reports
in connection with the electoral contributions
and expenditures as required shall constitute
an administrative offense for which the
offenders shall be liable to pay an
administrative fine.
- This requirement covers even those who
withdrew as candidates after having filed
their certificates.
D. REMEDIES AND JURISDICTION
Before election Day: File at the COMELEC
(Division)
(1) PETITION TO DENY DUE COURSE
OR CANCEL A CERTIFICATE OF
CANDIDACY
- A verified petition seeking to deny due course
or to cancel a certificate of candidacy may be
filed by any person exclusively on the ground
that any material representation contained
therein as required under Section 74 is false.
The petition may be filed at any time not later
than twenty five days from the time of the
filing of the COC and shall be decided, after
due notice and hearing, not later than fifteen
days before the election.
Note: The misrepresentation should refer to
material information as to qualification or
disqualification of the candidate.
(2) PETITION FOR DISQUALIFICATION
- Any candidate who, an action or protest in
which he is a party is declared by final
decision of a competent court quality of, or
found by the Commission of having:
o given money or other material
consideration to influence, induce or
corrupt the voters or public officials
performing electoral functions;
o Committed acts of terrorism to
enhance his candidacy;
o Spent in his election campaign an
amount in excess of that allowed by
this Code;
o Solicited, received or made any
contribution prohibited under Section
89, 95, 96, 97 and 105; or
o Violated any of the Sections 80, 83,
85,86, and 261, par. D,e,k,v and cc,
sub-par. 6, shall be disqualified from
continuing as a candidate, or if he has
been elected, from holding the office.
(3) FAILURE OF ELECTION, CALL FOR
SPECIAL ELECTION
- In Joseph Sison vs COMELEC, the Supreme
Court said that under pertinent provisions of
BP 881, there are only three instances where
a failure of election may be declared, namely;
o The election in any polling place had
not been held on the date fixed on
account of force majeure, violence,
terrorism, fraud or another analogous
causes;
o 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;
o After the voting and during the
preparation and transmission of the
election returns or in the custody or
canvass thereof, such as election
results in a failure to elect on account
of force majeure, violence, terrorism,
fraud or other analogous causes.
(4) PRE-PROCLAMATION
CONTROVERSY
- For purposes of the election of the President,
Vice-President, senator and member of the
House of Representatives, no pre-
proclamation cases shall be allowed on
matters relating to the preparation,
transmission, receipt, custody and
appreciation of election returns or certificates
of canvass, as the case may be, except as
provided in Section 30 hereof. However, this
does not preclude the authority of the
appropriate canvassing body, motu proprio,
or upon written complaint of an interested
person, to correct manifest errors in the
certificate of canvass or election return
before it.
- Parties adversely affected by a ruling of the
board of canvassers on questions affecting
the composition or proceedings of the board
may appeal the matter to the Commission
within 3 days from the filing thereof.
 (5) ELECTION PROTEST
REQUISITES:
- Must be filed by a candidate who has filed a
Certificate of Candidacy and has been voted
upon for the same office.
- On the grounds of fraud, terrorism,
irregularities or illegal acts committed before,
during and after the casting and counting of
votes.
o The purpose of the election protest is
to ascertain whether the candidate
proclaimed by the board of
canvassers is the true and lawful
choice of the electorate.
- Within ten days from proclamation of the
result of the election.
JURISDICTION
1. ORIGINAL AND EXCLUSIVE
i. President/V-President-Supreme Court/PET
ii. Senator- Senate Electoral Tribunal
iii. Representative- HoR Electoral Tribunal
iv. Regional/Provincial/City- COMELEC
v. Municipal- Regional Trial Court
vi. Barangay- Municipal/Metropolitan Trial
Court.
2. APPELLATE
- Decisions of the RTC and MTC/Metc and
MTCC, appeal shall be made exclusively to the
COMELEC whose decision shall be final,
executory and non-appealable.
o The decision of the RTC in election
contest involving municipal officials
may be appealed to the COMELEC
within 5 days from promulgation or
receipt of a copy thereof by the
adverse party.
o But the COMELEC cannot deprive the
RTC of its competence to order the
execution of its decision pending
appeal, this being a judicial
prerogative and there being no law
disauthoriz.ing the same
- From decisions of COMELEC, appeal shall be
made through a Petition for Review on
Certiorari under Rule 64 in rel. to Rule 65 of
the ROC, to be filed with the Supreme Court
within 30 days from receipt of the copy of the
decision.
- From the decision of the electoral tribunal
appeal shall be made to the Supreme Court
through a Petition for review on certiorari
under Rule 65 within 30 days from the
receipt of the decision.
(6) QUO WARRANTO
REQUISITES:
o Filed by a Registered Voter in the
Constituency
o On grounds of ineligibility or
disloyalty to the Republic of the
Philippines
o Within ten(10) days from
proclamation of the result of the
election.
- The issue of eligibility of the officer-elect; the
court or tribunal cannot declare the
protestant or the candidate who obtained the
2nd highest number of votes as having been
elected. Unless the COC is cancelled, the
candidate deemed not to have filed a valid
COC at all, and thus, was never a candidate.
(a) COMELEC
- First at the Division(Regional Officials,
Provincial Officials and City officials)
- an independent constitutional body charged
with the exclusive power to administer and
enforce all laws and regulations relative to
the conduct of elections and other political
exercises, such as plebiscites, initiatives,
referenda and recall.
- If a winner is already proclaimed, the
COMELEC loses jurisdiction of the pending
case and a remedy is to file an election
contest (either quo warranto or electoral
protest) in the proper forum (Courts or
electoral tribunals within 10 days from
proclamation.
- If the proclamation is void, as it was illegal,
based on erroneous tabulation or that due
process was not observed by the canvassing
board, there is no proclamation to speak of;
hence, COMELEC can continue to resolve the
case.
(b) SENATE ELECTORAL TRIBUNAL
- Senators
(c) HOUSE OF REPRESENTATIVES
ELECTORAL TRINUMAL
- Congressmen
LOCAL GOVERNMENT

A. PUBLIC CORPORATIONS
- Corporation is an artificial being created by
operation of law, having the right of
succession and the powers, attributes and
properties expressly authorized by law or
incident to its existence.
- Public Corporation is the organized for the
government of a portion of the State.
1. CONCEPT; DISTINGUISHED FROM GOCC’S
Criterion to determine corporation is public: The
relationship of the corporation to the State, i.e. if
created by the State as its own agency to help the
State in carrying out is governmental functions, then
it is public.
2. CLASSIFICATIONS
a. QUASI-CORPORATIONS
- Created by the State for narrow or limited purpose.
b. MUNICIPAL CORPORATIONS (Province,
City, Municipality, Barangay, Autonomous regions
in Muslim Mindanao and in the Cordilleras)
(1) ELEMENTS
o Legal creation or incorporation- The law
creating or authorizing the creation or
incorporation of a municipal corporation.
o Corporate Name- The name by which the
corporation shall be known.
o Inhabitants- The people residing in the
territory of the corporation.
o Territory
(2) NATURE AND FUNCTIONS:
 Very local government unit created or
organized (under the LGC) is a body politic
and a corporate endowed with powers to be
exercised with the conformity of the law. As
such, it shall exercise powers as a political
subdivision of the National Government and
as a corporate entity representing the
inhabitants of its territory (Sec. 15, RA 7610).
Accordingly, it has dual functions, namely:
o Public of Governmental- it acts as an
agent of the State for the government
of the territory and the inhabitants;
o Private or proprietary- It acts as an
agent of the community in the
administration of local affairs.
(3) REQUISITES FOR CREATION,
CONVERSION, DIVISION, MERGER OR
DISSOLUTION
 A local government unit may be created,
divided, merged, abolished, or its boundaries
substantially altered either by law enacted by
Congress in the case of a province, city,
municipality or any other political
subdivision, or by ordinance passed by the
sangguniang panlalawigan or sangguniang
panlungsod, or by ordinance passed by the
sangguniang panlalawigan or sangguniang
panglungsod concerned in the case of a
barangay located within its territorial
jurisdiction, subject to such limitations and
requirements prescribed in the LGC.
REQUISITES ON CREATION OR CONVERSION
 No province, city, municipality or barangay
may be created, divided, merged, abolished,
or its boundary substantially altered, except
in accordance with the criteria established in
the local government code and subject to
approval by a majority of votes cast in a
plebiscite in the political units directly
affected.
o Plebiscite requirement: No creation,
division, merger, abolition or
substantial alteration of boundaries of
LGU shall take effect unless approved
by a majority of the votes cast in a
plebiscite called for the purpose in the
political unit/s directly affected.
 Section 7, RA 7160: Based on verifiable
indicators of viability and projected capacity
to provide services, to wit:
o Income- must be sufficient, based on
the acceptable standards, to provide
for all essential government facilities
and services and special functions
commensurate with the size of its
population, as expected of the LGU
concerned. Average annual income for
two consecutive years:
 Municipality:2.5Million
 City:100 millions
 Highly Urbanized City: 50
millions
 Province: 20 Millions
o Population- total numbers of
inhabitants within the territorial
jurisdiction of the LGU concerned.
  Barangay: 2,000 except Metro
Manila and other
metropolitan political
subdivisions or in highly
urbanized cities where the
requirement is 5,000
inhabitants.
 Municipality: 25,000
 City: 150,000
 Highly Urbanized City:
200,000
 Province: 250,000
Note: The requirement of
population is not an indispensable
requirement, but is merely an
alternative addition to the
indispensable income
requirement.
o Land Area- it must be contiguous, unless
it comprises two or more islands or is
separated by a LGU independent of the
others, properly identified by metes and
bounds with technical descriptions and
sufficient to provide for such basic
services and facilities to meet the
requirement of its populace. Area
requirements are:
 Municipality- 50 sq.
kilometers
 City- 100 sq. kilometers
 Province- 2,000 sq.
kilometers
DIVISION AND MERGER, ABOLITION OF LGU:
- Division and merger shall comply with the
same requirements, provided that such
division shall not reduce the income,
population or land area of the LGU or units
concerned to less than the minimum
requirements prescribed; provided further
that the income classification of the original
local government unit or units shall not fall
below its current income classification prior
to the division.
- A local government unit may be abolished
when its income, population or land area has
been irreversibly reduced to less than the
minimum standards prescribed for its
creation, as certified by the national agencies
mentioned. The law or ordinance abolishing a
LGU shall specify the province, city,
municipality or barangay with which the LGU
sought to be abolished will be incorporated
or merged.
B. PRINCIPLES OF LOCAL AUTONOMY
a. Sec. 25, Art. II: The state shall ensure the
autonomy of local governments.
b. Sec. 2, Art. X: The territorial and political
subdivisions shall enjoy local autonomy.
- The principle of local autonomy under the
1987 Constitution simply means
“decentralization”; it does not make the local
governments sovereign within the state or an
“imperium in imperio” (Basco vs Pagcor, 197
SCRA 52).
- The constitutional guarantee of local
autonomy refers to the administrative
autonomy of local government units or, cast
in more technical language, the
decentralization of government authority. It
does not make local governments sovereign
within the State. Administrative autonomy
may involve devolution of powers, but subject
to limitations like following national policies
or standards, and those provided by the LGC,
as the structuring of local governments and
the allocation of powers, responsibilities and
resources among the different local
government units and local officials have
been placed by the Constitution in the hands
of Congress under Sec. 3, Art. X of the
Constitution.
- Without meaning to detract from that policy,
Congress retains control of the local
government units although in a significantly
reduced degree now than under our previous
Constitutions. The power to create includes
the power to withhold or recall. True, there
are some notable innovations in the
Constitution, like the direct conferment of the
LGU of the power to tax (Sec.5, Art. X) which
cannot now be withdrawn by mere statute.
- Even as we recognize that the Constitution
guarantees autonomy to LGU, the exercise of
of local autonomy remains subject to the
power of control by Congress, and the power
of general supervision by the President.
 (judge Dadole vs COA, Gr. No. 125350, Dec. 3,
2002).
o The president can only interfere in
the affairs and activities of a LGU if he
or she finds that the latter had acted
contrary to law.
o Like LGU, the Liga ng mga Barangay is
not subject to control by the Chief
Executive or his alter ego. As the
entity exercising supervision over the
Liga, the DILG’s authority is limited to
seeing to it that the rules are
followed; it cannot lay down such
rules itself, nor does it have the
discretion to modify or replace them.
In this case, the most that the DILG
could do was to review the acts of the
incumbent officers of the Liga in the
conduct of the elections to determine
if there was a violation of the Liga’s
constitution and By-Laws and its
implementing rules.
C. AUTONOMOUS REGIONS AND THEIR RELATION
TO THE NATIONAL GOVERNMENT
- Autonomy is either decentralization of
administration or decentralization of power.
- The Supreme Court held that Shari’a District
Courts have no jurisdiction over real actions
where one of the parties to the controversy is
a non-Muslim. Shari’a District Courts
concurrent jurisdiction with civil courts over
real actions “is applicable solely when both
parties are Muslims”.
- The Regional Governor of the ARMM has the
power to appoint officers in the region’s civil
service. However, if there is no regional law
providing for the qualifications for the
position at the time of the appointment. The
appointee must satisfy the civil service
eligibilities required for the position in the
national government to be appointed in a
permanent capacity.
D. LOCAL GOVERNMENT UNIT (LGU)
1. POWERS
a. POLICE POWER
- The general welfare clauses is the statutory
grant of police power to LGU.
- General welfare Clause: Every local
government unit shall exercise the powers
expressly granted, those necessarily implied
therefrom, as well as powers necessary,
appropriate, or incidental for its efficient and
effective governance, and those which are
essential to the promotion of the general
welfare. Within their respective territorial
jurisdictions, local government units shall
ensure and support, among other things, the
preservation and enrichment of culture,
promote health and safety, enhance the right
of the people to a balanced ecology,
encourage and support the development of
appropriate self-reliant scientific and
technological capabilities, improve public
morals, enhance economic prosperity and
social justice, promote full employment
among its residents, maintain peace and
order, and preserve the comfort and
convenience of thei inhabitants.
- Limitations to the General Welfare Clause:
o Exercisable only within the territorial
limits except for protection of water
supply;
o Equal Protection Clause
o Due Process Clause
o Must not be contrary to Constitution
and the laws. (Activities allowed by
law cannot be prohibited, only
regulated.)
b. EMINENT DOMAIN
- A LGU may, through its chief executive and
acting pursuant to an ordinance, exercise the
power of eminent domain for public purpose,
or purpose, or welfare for the benefit of the
poor and the landless, upon payment of just
compensation, pursuant to the provisions of
the constitution and the pertinent laws;
Provided, however, that the power of eminent
domain may not be exercised unless a valid
and definite offer has been previously made
to the owner and such offer was not accepted:
Provided, further, that the LGU may
immediately take possession of the property
upon the filing of the expropriation
proceedings and upon making a deposit in the
proper court of at least 15% of the fair
market value of the property based on the
current tax declaration of the property to be
expropriated: Provided, finally, That the
amount to be paid for the expropriated
property shall be determined by the proper
 court, based on their fair market value at the o Adequate provision for the
time of the taking of the property. maintenance of public safety must be
- Additional limitations on the exercise of the made;
power of eminent domain: o Property may be used or conveyed for
o Exercised only by the local chief any purpose for which other real
executive, acting pursuant to a valid property may be lawfully used or
ordinance; conveyed, but no freedom park shall
o For public use or purpose or welfare; be closed permanently without
for the benefit of the poor and the provision for its transfer or relocation
landless; to a new site.
o Only after a valid and definite offer - Temporary closure may be made during an
had been ,made to, and not accepted actual emergency, fiesta celebrations, public
by the owner. rallies, etc.
c. TAXING POWER - In Pilapil vs CA: a municipality has the
- Fundamental principles governing the authority to prepare and adopt a land use
exercising of the taxing and other revenue- map, promulgate a zoning ordinance, and
raising powers of LGU.(Sec. 130, RA 7610) close any municipal road.
o Taxation shall be uniform in each e. LEGISLATIVE POWER
LGU. - Exercised by the local sanggunian.
o Taxes, fees, charges and other - The product of legislative action are :
impositions shall be equitable and ordinance or a resolution.
based as far as practicable on the ORDINANCES RESOLUTIONS
taxpayer’s ability to pay; levied and Laws and possess a Merely a declaration
collected only for public purposes; not general and of the sentiment or
unjust, excessive, oppressive or permanent opinion of a
confiscatory; and not contrary to law, character lawmaking body on
a specific matter and
public policy, national economic
are temporary in
policy, or in restraint of trade;
nature.
o The collection of local taxes, fees, Rights can be No rights can be
charges and other impositions shall in conferred conferred and
no case be let to any private person; inferred.
o The revenue collected shall inure The authority to be When the authority
solely to the benefit of, and be subject granted to a local is made through a
to disposition by, the LGU, unless chief executive to resolution, it shall
specifically provided herein; and enter into an not confer any right
o Each LGU, as far as practicable, evolve obligation binding to a person.
a progressive system of taxation. on the LGU must be
made pursuant to a
d. CLOSURE AND OPENING OF ROADS
law or an ordinance.
- A LGU may, pursuant to an ordinance,
permanently or temporarily close or open
i. REQUISITE OF VALID
any local road, alley, park, or square falling
ORDINANCE
within its jurisdiction, provided that in case of
1. Must not contravene
permanent closure, such ordinance must be
to the Constitution and
approved by at least 2/3 of all the members
any statute
of the sanggunian, and when necessary, an
2. Must not be unfair or
adequate substitute for the public facility
oppressive;
shall be provided.
3. Must not be partial of
- Additional limitations in case of permanent
discriminatory;
closure:
4. Must not prohibit but
regulate trade;
 5. Must not be
unreasonable; and
6. Must be general in
application and
consistent with Public
Policy.
Note: Ordinances enacted by the sangguniang
barangay shall, upon approval by a majority
of all its members, be signed by the punong
barangay. The latter has no veto power.
ii. LOCAL INITIATIVE AND
REFERENDUM
f. CORPORATE POWERS
- LGU shall enjoy full autonomy in the exercise
of their proprietary functions and in the
management of their economic enterprises,
subject to limitations provided in the code
and other applicable laws. The corporate
powers of LGU are:
o To have continuous succession in its
corporate name;
o To sue and be sued- The rules is that
the suit is commenced by the local
chief executive, upon authority of the
Sanggunian, except when the City
Councilors, by themselves and as a
representatives of or on behalf of the
City, bring the action to prevent
unlawful disbursement of public
funds. (City Council of Cebu vs
Cuizon)
But the municipality cannot be
represented by a private attorney.
Only a provincial Fiscal or the
Municipal Attorney can represent a
province or city in a lawsuits. This is
mandatory. The municipality’s
UTHORITY TO EMPLOY A PRIVATE
LAWYER IS LIMITED TO SITUATIONS
WHERE THE Provincial Fiscal is
disqualified to represent it, and the
fact of disqualification must appear on
record. The Fiscal’s refusal to
represent the municipality is not a
legal justification for employing the
services of private counsel; the
municipality should request the
Secretary of Justice to appoint an
Acting Provincial Fiscal in place of the
one who declined to handle the case
in court. (Municipality of Pililia Rizal
vs CA).
o To have and use corporate seal- LGU
may continue using, modify or change
their corporate seal; any change shall
be registered with the DILG.
o To acquire and convey real or personal
property-
o Power to enter into contracts-
Requisites of a valid municipal
contracts:
 The LGU has the express,
implied or inherent power to
enter into the particular
contracts;
 The contract is entered into by
the proper department, board,
committee, officer or agent.
Unless otherwise provided by
the Code, no contract may be
entered into by the local chief
executive on behalf of the LGU
without prior authorization of
the sanggunian concerned.
 The contract must comply with
certain substantive
requirements;
 The contract must comply with
the formal requirements of
written contract, e.g., the
Statute of Frauds.
o To exercise such other powers as are
granted to corporations, subject to the
limitations provided in the Code and
other laws.
g. ULTRA VIRES ACTS
- When a contract is entered into without
compliance with firs (the LGU has the express,
implied or inherent power to enter into the
particular contracts) and third (contracts
must comply with certain substantive
requirements,) the same is ultravires and is
null and void. Such contract cannot be ratified
or validated. Ratification of defective
municipal contracts is possible only when
there is non-compliance with the second (The
contract is entered into by the proper
department, board, committee, officer or
agent) and/or the fourth (The contract must
comply with the formal requirements of
written contract, e.g., the Statute of Frauds.)
 requirements. Ratification may be express of
implied.
2. LIABILITY OF LGUs
RULE: LGU and their officials are not exempt
from liability for death or injury to persons or
damage to property (Sec. 24, RA 7160)
 ART. 2189, CIVIL CODE: The LGU is liable in
damages for death or injuries suffered by
reason of the defective condition of roads,
streets, bridges, public buildings and other
public works.
 ART. 2180 (Par. 6)Civil Code: The state is
responsible when it acts through a special
agent.
 ART. 34, CIVIL CODE: The LGU is subsidiarily
liable for damages suffered by a person by
reason of the failure or refusal of a member of
the police force to render aid and protection
in case of danger to life and property.
LIABILITY FOR TORT
- Despite the clear language of Sec. 24, R.A.
7610, that the LGU and their officials are not
exempt from liability for death or injury to
persons or damage to property, it is still
unclear whether liability will accrue when the
LGU is engaged in governmental functions.
Supreme Court decisions, interpreting legal
provisions existing prior to the effectivity of
the LGC, have come up with the following
rules on municipal liability for tort:
o If the LGU is engaged in governmental
functions, it is not liable;
o If engaged is proprietary functions,
LGU is liable.
LIABILITY FOR VIOLATION OF LAW
- Where the Municipality closed a part of a
municipal street without indemnifying the
person prejudiced thereby, the Municipality
can be held liable for damages.
- Lack of funds does not excuse the
Municipality from paying the statutory
minimum wage a month of its employees. The
payment of minimum wage is a mandatory
statutory obligation of a municipality.
LIABILITY FOR CONTRACTS
RULE: A municipal corporation, like an ordinary
person, is liable on a contract it enters into,
provided that the contract is intra vires. If the
contract is ultra vires, the municipal corporation
is not liable.
- A private individual who deals with a
municipal corporation is imputed
constructive knowledge of the extent of the
power or authority of the municipal
corporation to enter into contracts;
- Ordinarily, therefore, the doctrine of estoppel
does not lie against the municipal
corporation;
- Doctrine of implied municipal liability- A
municipality may become obligated upon an
implied contract to pay the reasonable value
of the benefits accepted or appropriated by it
as to which it has the general power to
contract. The doctrine applies to all cases
where the money or other property of a party
is received under such circumstances that the
general law, independent of an express
contract, implies an obligation to do justice
with respect to the same.
3. SETTLEMENT OF BOUNDARY DISPUTES
4. VACANCIES AND SUCCESSIONS OF LOCAL
OFFICIALS
PERMANENT VACANCIES
- A permanent vacancy arises when an elective
local official fills a higher vacant office, refuse
to assume office, fails to qualify, dies, is
removed from office, voluntarily resigns, or is
permanently incapacitated to discharge the
functions of his office.
If the governor or mayor- vice-mayor/governor
shall succeed.
If Vice-Governor/mayor- highest ranking
sanggunian member, and subsequent vacancy
shall automatically by the other sanggunian
members according to their ranking.
Punong barangay- the highest ranking
sanggunian barangay member, or in case of his
permanent inability, the second highest ranking
sanggunian or member.
Sanggunian Member- filled by appointment by
the President, through the Executive Secretary in
the case of sanggunian panlalawigan or
component cities; by the Governor in the case of
sanggunian panglungsod of component cities and
the sangguniang bayan; and by the city or
municipal mayor in the case of sangguniang
barangay upon recommendation of the
sangguniang barangay concerned. However,
 except for the sangguniang barangay, only the
nominee of the political party under which the
sanggunian member concerned had been elected
and whose elevation to the position next higher
in rank created the last vacancy in the sanggunian
shall be appointed.
TEMPORARY VACANCY
- When the governor, city or municipal mayor,
or punong barangay is temporarily
incapacitated to perform his duties for
physical or legal reason such as, but not
limited to, leave of absence, travel abroad and
suspension from office, the vice governor, city
or municipal vice mayo, or the highest
ranking sanggunian 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 days.
- When the local chief executive is travelling
within the country but outside his territorial
jurisdiction for a period not exceeding three
consecutive days, he may designate in writing
the officer-in-charge of the said office.
5. RECALL
- The termination of official relationship of an
elective official for loss of confidence prior to
the expiration of his term through the will of
the electorate.
- It is exercised by the registered voters of a
LGU to which the local executive official
subject to recall belongs. (Sec. 69, RA 7610).
- Recall process is initiated by the voters of the
LGU
- Recall of provincial, city, municipal or
barangay official shall be initiated upon
petition by at least 25% of the total number
of registered voters in the LGU concerned
during the election in which the local official
sought to be recalled was elected.
o A written petition for recall duly
signed before the election registrar or
his representative, and in the
presence of a representative of the
petitioner and a representative of the
official sought to be recalled, and in
public place in the province, city,
municipality or barangay, as the case
may be, shall be filed in the COMELEC
through its office in the LGU
concerned.
o Upon the lapse of the aforesaid
period, the COMELEC or its duly
authorized representative shall
announce the acceptance of
candidates to the position and
thereafter prepare the list of
candidates which shall include the
name of the official sought to be
recalled.
- The recall of an elective local official shall be
effective only upon the election and
proclamation of a successor in the person of
the candidate receiving the highest number of
votes cast during the election on recall.
6. TERM LIMITS
- Three years or such date as may be provided
by the law, except that of elective barangay
officials. No local elective official shall serve
for more than three consecutive terms in the
same position (Sec. 42, RA 7610). The term of
office of the barangay officials and the SK
shall be three years. No barangay elective
local official shall serve for more than three
consecutive terms in the same position,
Provided, however, that the term of office
shall be reckoned from 1994 barangay
elections.
- The three-term limit on a local official is to be
understood to refer to terms for which the
official concerned was elected. It is not
enough that an individual has served three
consecutive terms in an elective local office.
He must also have been elected to the same
position for the same number of times before
the disqualification can apply. (Adormeo vs
COMELEC).
- The three consecutive terms, refers to regular
election for the same office following the end
of third consecutive term. Any subsequent
election, like a recall election, is no longer
covered by the prohibition for two reasons:
o Subsequent election like a recall
election is no longer an immediate re-
election after three consecutive
terms;
o The intervening period constitutes an
involuntary interruption in the
continuity of service.

PART TWO: PUBLIC
INTERNATIONAL LAW
- International law is that it is a body of rules
and principles of action which are binding
upon civilized states in their relations to one
another.
I. SOURCES OF OBLIGATIONS
- Sources are often classified into formal
sources and material sources. Formal
sources can refer to various processes by
which rules come into existence. Material
sources, are not concerned with how rules
come into existence but rather with the
substance and content of the obligation.
A. TREATIES
- Determine the rights and duties of states just
as individual rights are determined by
contracts. Their binding force comes from the
voluntary decision of sovereign states to
obligate themselves to a mode of behavior.
- They represent the most deliberate form of
commitment through which government
cooperates with one another.
i. CONCEPT OF JUS COGENS
(PEREMPTORY NORMS OF
INTERNATIONAL LAW)
- If a latter treaty is contrary to a customary
rule that has the status of jus cogens, custom
will prevail.
- Jus Cogens (peremptory norm of general
international law) is a norm accepted and
recognized by the international community of
the States as a whole as a norm from which
no derogation is permitted and which can be
modified only by a subsequent norm of
general international law having the same
character.
ii. RESERVATIONS,
WITHDRAWAL,
TERMINATION AND REBUS
SIC STANTIBUS
RESERVATIONS
 A unilateral statement, however phrased
or named, made by a State, when signing,
ratifying, accepting, approving or
acceding to a treaty, whereby it purports
to exclude or to modify the legal effect of
certain provisions of the treaty in their
application to the State.
 Reservation may be allowed unless:
o The reservation is prohibited by
the treaty;
o The treaty provides that only
specified reservation, which do
not include the reservation in
question, may be made;
o In cases not falling under sub-
paragraphs (a) and (b), the
reservation is incompatible with
the subject and purpose of the
treaty.
WITHDRAWAL
 Unless the treaty otherwise provides, a
reservation may be withdrawn at any time
and the consent of a State which has accepted
the reservation is not required for its
withdrawal.
 Unless the treaty otherwise provides, an
objection to a reservation may be withdrawn
at any time;
 Unless the treaty otherwise provides, or it is
otherwise agreed:
 o The withdrawal of a reservation
becomes operative in relation to
another State only when notice of it
has been received by the State;
o The withdrawal of an objection to a
reservation becomes operative only
when notice of it has been received by
the State which formulated the
reservation.
TERMINATION OF TREATIES
 A treaty may be terminated or suspended
according to the terms of the treaty or with
the consent of the parties. A treaty with a
definite period may also expire.
 Three other important modes of terminating
a treaty are material breach, impossibility of
performance and change of fundamental
conditions (rebus sic stantibus).
REBUS SIC STANTIBUS
 A fundamental change of circumstances
which has occurred with regard to those
existing at the time of the conclusion of a
treaty, and which was not foreseen by the
parties, may not be invoked as a ground for
terminating or withdrawing from the treaty
unless:
o The existence of those circumstances
constituted an essential basis of the
consent of the parties to be bound by
the treaties;
o The effect of the change is radically to
transform the extent of the
obligations still to be performed
under the treaty.
 A fundamental change of circumstances may
not be invoked as a ground for terminating or
withdrawing from a treaty:
o If the treaty establishes a boundary
o If the fundamental change is the result
of a breach by the party invoking it
either of an obligation under the
treaty or of any other international
obligation owed to any other party to
the treaty.
 In order that a change of circumstances may
give rise to a ground for invoking the
termination of a treaty it is also necessary
that it should have resulted in a radical
transformation of the extent of the
obligations still to be performed. The change
must have increased the burden of the
obligations to be executed to the extent of
rendering the performance something
essentially different from the originally
undertaken.
B. CUSTOMARY INTERNATIONAL LAW
- Results from a general and consistent
practice of states followed by them from a
sense of legal obligation.
1. ELEMENTS
o Duration- can be either short or long.
In North Sea Continental Shelf Cases,
the court indicated that a short
duration, by itself, will not exclude the
possibility of a practice maturing into
custom provided that other
conditions satisfied such as been both
extensive and virtually uniform in the
sense of provision invoked- and
should moreover have occurred I such
a way as to show a general
recognition that a rule of law or legal
obligation is involved.
o Consistency
o Generality of the Practice of State
2. OBLIGATIONS ERGA OMNES
C. GENERAL PRINCIPLES OF LAW
- This has reference not to principles of
international law but to principles of
municipal law common to the legal systems of
the world. They may, in a sense, be said to
belong to no particular system of law but are
evidence rather of the fundamental unity of
the law.
D. APPLICATION OF INTERNATIONAL LAW BY
DOMESTIC COURTS
1. MONISM
- International law and municipal law belong
to only one system of law.
-
2. DUALISM-
- holds that international law and municipal law
are essentially different from each other.
- For dualist, when international law and
municipal law conflict, municipal law must
prevail.
- The dualist are positivist with a strong emphasis
on state sovereignty.
- Dualism also rules that when it comes to entry of
international law into domestic sphere.
International law, unless it is made part of the
domestic system, has no role in the settlement of
domestic conflicts.
HOW DOES INTERNATIONAL LAW BECOME
PART OF DOMESTIC LAW FOR “DUALIST”
 Doctrine of Transformation
 For international law to become
part of the domestic law it must
be expressly and specifically
transformed into domestic law
through the appropriate
constitutional machinery such as
an act of Congress or Parliament.
 Doctrine of Incorporation
o The law of the nations,
wherever any questions
arises which is properly
the object of its
jurisdiction, is here
adopted in its full extent
by the common law, and it
is held to be part of the
law of the land.
3. INVERTED MONISM
- Is a species of monism in the reverse,
asserting that municipal law has primacy
over international law in both international
and municipal decisions.
4. HARMONIZATION
- The process by which two or more states,
sometimes under the auspices of an interstate
or international organization, change their
legislation relevant to some area of common
concern to conform their statutes and to
facilitate compliance and enforcement across
borders.
- Domestic courts are bound to apply the local
law. In international practice, however, courts
are very rarely confronted with such a
problem. The reason for this is that courts are
generally able to give to domestic law a
construction which does not conflict with
international law.
II. INTERNATIONAL LEGAL PERSON
A. STATES
- A community of persons more or less numerous,
permanently occupying a definite portion of
territory, independent of external control, and
possessing an organized government to which the
great body of inhabitants render habitual obedience.
1. ELEMENTS
o PEOPLE/POPULATION- Community of
persons sufficient in number and capable
of maintaining the permanent existence
of the community and held together by a
common bond of law.
o TERRITORY- a definite territory in which
an entity exercises permanent
sovereignty.
o GOVERNMENT- an institution or
aggregate of institutions by which an
independent society makes and carries
out those rules of action which are
necessary to enable men to live in a social
state, or which are imposed upon the
people forming that society by those who
possess the power or authority
prescribing them.
o CAPACITY TO ENTER RELATIONS WITH
OTHER STATES/SOVEREIGNTY-
independence from outside control.
2.RECOGNITION OF STATES AND
GOVERNMENTS
RECOGNITION OF STATES
- Recognition means the act of acknowledging
the capacity of an entity to exercise rights
belonging to statehood.
RECOGNITION OF GOVERNMENT
- It means the act of acknowledging the
capacity of an entity to exercise powers of
governments of a state.
- Recognition by other Powers is an important
evidential factor in establishing proof of the
existence of a government in the society of
nations.
- Non-recognition may have aided the
succeeding government to come into power;
but subsequent presentation of claims based
on the de facto existence of the previous
government.. does not work an injury to the
succeeding government in the nature of fraud
or breach of good faith.
- Once recognized, gains increased prestige and
stability.
 - Recognition of government does not mean
approval of the recognized government’s
method. Nor do diplomatic relations connote
approval; they are intended merely to secure
convenience.
B. NON-STATE ENTITIES
o International organizations
o Insurgents
o Liberation movements
o Individuals
C. INTERNATIONAL ORGANIZATIONS
o United Nations
o General Assembly
o ECOSOC
o Trusteeship Council
o Secretariat
o International Court of Justice
o Other agencies
o UNESCO
o ICAO
o WHO
o FAO
o IMF
o WORLD BANK
o Regional Organizations
o ASEAN
- An organization that is set up by treaty
among two or more states. It is different from
non-governmental organizations(NGO) which
are set up by private persons. The constituent
document of international organizations
therefore is a treaty.
- 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
- International organizations are governed by
the “principle of speciality”, that is to say,
they are invested by the States which create
them with powers, the limits of which are a
function of the common interests whose
promotion those States entrust to them.
D. STATUS OF INDIVIDUALS AND CORPORATIONS
- Individuals are objects or at best
“beneficiaries” of international law. With the
greater global awareness of human rights
individuals have now come to be recognized
as possessing albeit limited rights and
obligations in international law.
- Individuals possess international legal status.
They have few obligations deriving from
customary international law.
- As to corporations, state has jurisdiction over
corporations organized under its laws. Many
states assert jurisdiction over corporations
whose principal place of business or
registered office is locate din their territories.
States have also sought to regulate
corporations organized or having their
principal place of business abroad when
these corporations are owned or controlled
by nationals.
III. JURISDICTION
A. BASIS OF JURISDICTION
1. TERRITORIALITY PRINCIPLE
- A state has absolute, but not necessarily
exclusive power to prescribe, adjudicate and
enforce rules for conduct that occurs within
its territory. For this reason, boundaries
should be determined.
- To have jurisdiction, occupation is not
enough; control must also be established.
- An aspect of territoriality principle is the
“effects doctrine”. A state has also jurisdiction
over acts occurring outside its territory but
having effects within it.
- Though it Is true that in all systems of law, the
principle of the territorial character of
criminal law is fundamental, it is equally true
that all or nearly all these systems of law
extend their action to offenses committed
outside the territory of the State which
adopts them, and they do so in ways which
vary from State to State. The territoriality in
Criminal
2. NATIONALITY PRINCIPLE
- Says that every state has jurisdiction over
its nationals even when those nationals
are outside the state.
- One of the duties which the citizen owes
to his government is to support the
administration of justice by attending its
 courts and giving his testimony whenever - As the Las Palmas Case, infra, shows,
he is properly summoned. control over territory is of the essence of
- Each State has the right to decide who are a state. The exact boundaries may be
its nationals using either the principle of uncertain, but there should be a definitive
jus sanguinis or jus soli or naturalization core over which sovereignty is exercised.
laws. However, for a state to claim a - The traditional modes of acquisitions are:
person as a national, the state must have o Discovery and Occupation
reasonable connection or an “effective o Prescription
link” with that person. The consent of an o Cession
individual alone is not enough for him to o Conquest and subjugation
be recognized by other states as a o accretion
national of the state to which he claims to
belong.
- Effective Nationality Link- 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 on the holder of dual
nationality.
STATELESS PERSONS
- Persons who do not have nationality. They are
either de jure or de facto stateless.
DE JURE DE FACTO
Those who have lost Those who have
their nationality, if nationality but to
they had one, and whom protection is
have not acquired a denied by their state
new one. when out of the state.

3. PROTECTIVE PRINCIPLE
- State may exercise jurisdiction over
conduct outside its territory that
threatens its security, as long as that
conduct generally recognized as criminal
by states in the international community.
- Because this principle gives states wide
latitude in defining the parameters of
their jurisdiction, the international
community has strictly construed the
reach of this doctrine to those offenses
posing a direct, specific threat to national
security.

4. PASSIVE PERSONALITY PRINCIPLE

- Asserts that a state may apply law-
particularly criminal law- to an act
committed outside its territory by a
person not its national where the victim
of the act was its national.

B. TITLE TO TERRITORY