Nachura Notes – Constitutional Law
I. GENERAL PRINCIPLES
A. Political Law – branch of public law which deals
with the organization and operations of the
governmental organs of the State and defines the
relations of the State with the inhabitants of its
territory.
B. Scope/Division
1. Constitutional Law – study of the maintenance
of the proper balance between authority as
represented by the 3 inherent powers of the State
and liberty as guaranteed by the Bill of Rights
2. Administrative Law – Fixes the organization of
the government;
Determines the competence of the
administrative authorities who execute the law; and
Indicates to the individuals remedies for the
violation of his right.
3. Law on Municipal Corporations
4. Law of Public Officers
5. Election Law
C. Basis of the Study
1. 1935 and 1973 Constitution
2. 1986 Constitution
3. Other organic laws made to apply in the
Philippines
4. Statutes, EOs and decrees, judicial decisions
5. US Constitution
II. THE PHILIPPINE CONSTITUTION
A. Nature of the Constitution
1. Definition
a. The body of rules and maxims in accordance
with which the powers of sovereignty are habitually
exercised.
b. That written instrument enacted by the direct
action of the people,
by which the fundamental powers of the
government are established, limited and defined;
and by which those powers are distributed
among several departments for their safe and
useful exercise for the benefit of the body
politic.
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2. Purpose
a. Prescribe permanent framework of a system
of government;
b. Assign to several departments their respective
powers and duties
c. Establish certain first principles on which the
government is founded
3. Classification
a. Written – precepts are embodied in one
document/ set of documents
Unwritten – rules which have not been
integrated into a single, concrete form but are
scattered in various sources (statutes, judicial
decisions, commentaries, customs and
traditions, common law principles).
b. Enacted (Conventional) – formally struck off at
a definite time and place following a conscious or
deliberate effort taken by a constituent body or
ruler.
Evolved (Cumulative) – result of political
evolution, changing by accretion rather than
by any systematic method.
c. Rigid – amended only by formal and usually
difficult process
Flexible – changed by ordinary legislation
4. Qualities of a good written Constitution
a. Broad – comprehensive enough to provide for
every contingency
b. Brief – confine to basic principles to be
implemented
c. Definite – to prevent ambiguity
5. Essential parts of a good written Constitution
a. Constitution of Liberty – sets forth the civil and
political rights of the citizens and imposing
limitations on the powers of the government
b. Constitution of Government – outlines the
organization of the government; enumerates its
powers; and lay down rules relative to its
administration
c. Constitution of Sovereignty – points out the
mode or procedure in accordance with formal
changes in the fundamental law may be brought
about
6. Interpretation/Construction of the Constitution
 Nachura Notes – Constitutional Law
a. Verba legis: given their ordinary meaning
except where technical terms are employed
b. Ratio legis et anima: ambiguity  intent of the
framers, bearing in mind the objects sought to be
accomplished and evils sought to be prevented;
doubtful provision shall be examined in light of the
history of the times and the conditions and
circumstances under which the Constitution was
framed
c. Ut magis valeat quam pereat: Constitution to be
interpreted as a whole
- Safer to construe the Constitution from what
“appears upon its face.” If, however, the plain
meaning of the word is not found to be clear, resort
to other aids is available.
- In case of doubt, consider provisions as self-
executing; mandatory rather than directory; and
prospective rather than retroactive.
- Self-executing provisions: one that lays down
principle is usually not self-executing. That which is
complete in itself and becomes operative without
the aid of supplementary or enabling legislation, or
that which supplies a sufficient rule by means of
which the right it grants may be enjoyed or
protected, is self-executing.
- Self-executing if the nature and extent of the
right conferred and liability imposed are fixed by
the Constitution itself.
- Section 26, Article II of the Constitution does
NOT contain judicially enforceable constitutional
rights.
B. Brief Constitutional History
1. Malolos Constitution
2. American Regime and Other Organic Acts
3. 1935 Constitution
4. Japanese Occupation
5. 1973 Constitution
6. 1987 Constitution
C. Amendment
1. Amendment – isolated or piecemeal change in
the Constitution
Revision – revamp or rewriting of the entire
instrument
2. Legislative Power – merely provides details for
implementation
3. Steps
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a. Proposal
- Congress, ¾ of ALL its members… understood
as ¾ of Senate and ¾ of HRs
- Constitutional Convention, called into
existence by 2/3 a vote of all the members of
Congress with the question of whether or not to call
a convention to be resolved by the people in a
plebiscite
- People through Power of Initiative, petition of
at least 12% of the total number of registered voters,
of which every legislative district must be
represented by at least 3% of the registered voters
therein  power of the people to propose
amendments to the Constitution or to propose and
enact legislation through an election called for that
purpose
 Limitation: No amendment w/in 5 years
following the ratification of this Constitution nor
more than once every five years thereafter.
 3 systems of initiative:
(1) Initiative on the Constitution
(2) Initiative on Statutes
(3) Initiative on Local Legislation
- Choice of method of proposal is within the full
discretion of the legislature
- 3 Theories on the position of a Constitutional
Convention vis-à-vis the regular departments of
government
(1) Theory of Conventional Sovereignty
(2) Convention is inferior to other departments
(3) Independent of and co-equal to the other
departments
b. Ratification
- Ratified by a majority of the votes cast in a
plebiscite held not earlier than 60 nor later than 90
days after the approval of the proposal by Congress
or the Constitutional Convention, or after the
certification by the COMELEC of the sufficiency of
the initiative.
- Doctrine or proper submission: Constitution
prescribes the time frame within which the
plebiscite is to be held, there can no longer be any
question on whether the time given to the people to
determine the merits and demerits of the proposed
amendment is adequate.
- Plebiscite may be held on the same day as a
regular election.
- Entire Constitution must be submitted for
ratification at one plebiscite only.
 Nachura Notes – Constitutional Law
- The people have to be given a “proper frame of
reference” in arriving at their decision.
4. Judicial Review of Amendments – issue is
whether or not the constitutional provisions had
been followed.
E. The Power of Judicial Review
1. Judicial Review – power of the courts to test the
validity of executive and legislative acts in light of
their conformity with the Constitution.
- Power is inherent in the Constitution.
- Section 1, Article VII of the Constitution:
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 Government.
2. Who may exercise
- Power of the SC to decide constitutional
questions.
- Constitutional appellate jurisdiction of the SC
and implicitly recognizes the authority of lower
courts to decide questions involving the
constitutionality of laws, treaties, agreements, etc.
- Notice to SolGen is mandatory to enable him to
decide whether or not his intervention in the action
is necessary.
3. Functions of Judicial Review
(1) Checking
(2) Legitimizing
(3) Symbolic
4. Requisites
(1) Actual case or controversy
(2) Constitutional question must be raised by the
proper party
- A party’s standing in court is a procedural
technicality which may be set aside by the Court in
view of the importance of the issues involved;
paramount public interest/transcendental
importance
- “Present substantial interest” – such interest of a
party in the subject matter of the action as will
entitle him under substantive law, to recover of the
evidence is sufficient, or that he has a legal title to
defend and the defendant will be protected in
payment to or recovery from him.
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- A taxpayer, or group of taxpayers, is a proper
party to question the validity of a law appropriating
public funds.
- 2 Requisites for Taxpayer’s Suit:
(1) Public funds are disbursed by a political
subdivision or instrumentality
(2) A law is violated or irregularity is committed
(3) Petitioner is directly affected by the ultra vires
act
- The Government is a proper party to question
the validity of its own laws, because more than any
one, it should be concerned with the
constitutionality of its acts
 The established rule is that a party can question
the validity of a statute only if, as applied to him, it
is unconstitutional.
 Exception: Facial Challenge, when it operates in
the area of freedom of expression.
 Overbreadth Doctrine: permits a party to
challenge the validity of a statute even though, as
applied to him, it is not unconstitutional, but it
might be if applied to other not before the Court
whose activities are constitutionally protected.
 Invalidation of the statute “on its face”, rather
than “as applied” is permitted in the interest of
preventing a “chilling effect” on freedom of
expression.
 Facial challenge is the most difficult challenge
because the challenge must establish that no set of
circumstances exists under which the act would be
valid.
- The constitutional question must be raised at the
earliest possible opportunity
- The decision on the constitutional question must
be determinative of the case itself.
- Bars judicial inquiry into a constitutional
question unless the resolution is indispensable to the
determination of the case.
- Every law has in its favor the presumption of
constitutionality, and to justify its nullification,
there must be a clear and unequivocal breach of the
Constitution.
5. Effects of Declaration of Unconstitutionality
- Orthodox View: unconstitutional act is not a
law, it confers no rights and imposes no duties; it
affords no protection, creates no office; it is
inoperative as if it had not been passed at all.
 Nachura Notes – Constitutional Law

- Modern View: certain legal effects of the statute (2) Ministrant – intended to promote the welfare,
prior to its declaration of unconstitutionality may be progress and prosperity of the people and which are
recognized. merely optional for Government to perform
6. Partial Unconstitutionality
- Legislature must be willing to retain the valid Doctrine of Parens Patriae: parents of the people;
portions  separability clause the Government may act as guardian of the rights of
- Valid portion can stand independently as law the people who may be disadvantaged or suffering
from some disability or misfortune.
III. THE PHILIPPINES AS A STATE
State: a community of persons, more or less Classification
numerous, permanently occupying a definite portion (1) De jure
of territory, independent of external control and De facto – Kinds
possessing a government to which a great body of 1) Takes possession or control of, or usurps, by
inhabitants render habitual obedience. force or by the voice of the majority, the rightful
legal government and maintains itself against the
State is a legal or juristic concept; nation is an will of the latter;
ethnic or racial concept. 2) Established by the inhabitants of a territory who
Government is an instrumentality of the State rise in insurrection against the parent state; and
through which the will of the State is implemented 3) Established by invading forces of an enemy who
and realized. occupy a territory in the course of war (de facto
government of paramount force).
Elements: (2) Presidential – separation of executive and
(1) People legislative powers
(2) Territory Parliamentary – fusion of both executive and
Components: legislative in Parliament; actual exercise of
1) Terrestrial executive powers is vested in a Prime Minister who
2) Fluvial is chosen by, and accountable to the Parliament
3) Maritime (3) Unitary
4) Aerial Federal
(3) Government
(4) Sovereignty Sovereignty: supreme and uncontrollable power
inherent in a State by which that State is governed
Archipelago Doctrine: the waters around, between Kinds:
and connecting the islands of the archipelago, 1) Legal – power to issue final commands
regardless of their breadth and dimensions, form Political – sum total of all the influences which
part of the internal waters of the Philippines. lie behind the law
2) Internal – supreme power over everything
Straight Baseline Method: Imaginary straight lines within the territory
are drawn joining the outermost points of outermost External/Independence – freedom from external
islands of the archipelago, enclosing an area the control
ratio of which should not be more than 9:1;
provided that the drawing of the baselines shall not Characteristics:
depart, to any appreciable extent, from the general 1) Permanence
configuration of the archipelago. 2) Exclusiveness
3) Comprehensiveness
Functions of the Government: 4) Absoluteness
(1) Constituent – mandatory for the Government to 5) Indivisibility
perform because they constitute the very bonds of 6) Inalienability
society 7) Imprescriptibility
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 Nachura Notes – Constitutional Law
Effects of Change in Sovereignty: Political laws
are abrogated; municipal laws remain in
force
Effects of Belligerent Occupation: No change in
sovereignty.
 Political laws, except the law on treason, are
suspended;
 Municipal laws remain in force unless repealed
by belligerent occupant;
 At the end of belligerent occupation, political
laws shall automatically become effective again
(doctrine of jus postliminium)
Dominium – capacity to acquire or own
property
Imperium – authority possessed by the State
embraced in the concept of sovereignty
Jurisdiction
Territorial: power of the State over persons
and things within its territory.
Exemption:
(1) Foreign states, head of states, diplomatic
representatives and consuls to a certain degree;
(2) Foreign state property, including embassies,
consulates and public vessels engaged in non-
commercial activities;
(3) Acts of state
(4) Foreign merchant vessels exercising the rights
of innocent passage or involuntary entry such as
arrival under stress
(5) Foreign armies passing through or stationed in
its territory with its permission; and
(6) Other persons or property, including
organizations like the UN, over which it may, by
agreement, waive jurisdiction.
Personal: power of the State over its
nationals, which may be exercised by the State even
of the individual is outside the territory of the State.
Extraterritorial: power exercised by the State
beyond its territory,
example:
(1) Assertion of its personal jurisdiction over its
nationals abroad or the exercise of its right to
punish offenses committed outside its territory
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against its national interests even if the offenders
are non-resident aliens;
(2) By virtue of its relations with other
states/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);
(3) Local state waives jurisdiction over persons and
things within its territory;
(4) Principle of extraterritoriality
(5) Enjoyment of easements or servitudes
(easement of innocent passage or arrival under
stress)
(6) Exercise of jurisdiction by the state in the high
seas over its vessels, over pirates, in the exercise of
the right to visit and search, and under doctrine or
hot pursuit;
(7) Exercise of limited jurisdiction over the
contiguous zone and the patrimonial sea, to prevent
infringement of its customs, fiscal, immigration or
sanitary regulations.
State Immunity from Suit: The State cannot be sued
without its consent.
 Royal Prerogative of Dishonesty: There can be
no legal right against the authority which makes the
law on which the right depends. It may be sued if its
gives consent.
 Par in parem non habet imperium: Immunity is
enjoyed by other States. The Head of the State, who
is deemed the personification of the State, is
inviolable and enjoys immunity.
Test to Determine if Suit is Against the State
 Whether it requires an affirmative act from the
state.
Suit against Government Agencies
1. Incorporated – if the charter provides that the
agency can sue and be sued, then suit will lie,
including one for tort. The provision in the charter
constitutes express consent on the part of the State
to be sued.
 Municipal corporations, agencies of the state
when they are engaged in governmental functions
and should enjoy sovereign immunity from suit.
They are subject to suit even in the performance of
such functions because their respective charters
 Nachura Notes – Constitutional Law

provide that they can sue and be sued. (Section 22 against it. Such execution will require another
LGC) waiver.
2. Unincorporated – inquire into the principal
functions Suability is not equated with outright liability.
 If governmental: no suit without consent Liability will have to be determined by the court on
 If proprietary: suit will lie, because when the the basis of the evidence and the applicable law.
State engages in principally proprietary functions,
then it descends to the level of a private individual, IV. FUNDAMENTAL POWERS OF THE
and may therefore be vulnerable to suit. STATE
Inherent powers of the State
Suit Against Public Officers: The doctrine of state 1. Police Power
immunity also applies to complaints filed against 2. Eminent Domain
officials of the State for acts performed by them in 3. Power of Taxation
the discharge of their duties within the scope of
their authority. Similarities
Exceptions: (may be sued without prior consent 1. inherent in the state, without need of express
from State) constitutional grant
1. to compel him to do an act required by law; 2. necessary and indispensable
2. to restrain him from enforcing an act claimed to 3. methods by which the state interferes with
be unconstitutional; private property
3. to compel the payment of damages from an 4. presupposes equivalent compensation
already appropriated assurance fund or to refund tax 5. exercised primarily by legislature
over-payments from a fund already available for the
purpose; Distinctions
4. to secure a judgment that the officer impleaded 1. Police power regulates liberty and property
may satisfy by himself without the State having to Eminent domain and taxation affects only
do a positive act to assist him; property rights
5. where government itself has violated its own 2. Police power and taxation are exercised only by
laws, because the doctrine of state immunity government
“cannot be used to perpetrate an injustice” Eminent domain may be exercised by private
entities
Where a public officer has committed an ultra vires 3. Property taken in police power is usually
act, or there is a showing of bad faith, malice or noxious or intended for noxious purposes and may
gross negligence, then the officer can be held be destroyed
personally accountable. In eminent domain and taxation, the property is
wholesome and devoted to public use/purpose.
In order that suit may lie against the state, there 4. Compensation in police power is the intangible,
must be consent. Where no consent is shown, state altruistic feeling that the individual has contributed
immunity from suit may be invoked as a defense by to the public good;
the courts sua sponte at any stage of the In eminent domain, it is the full and fair
proceedings. equivalent of the property taken;
Express consent: general law or special law In taxation, it is the protection given and/or
Implied consent public improvements instituted by government
1. state commences a litigation for taxes paid.
2. state enters into a business contract
Limitations
Scope of consent: consent to be sued does not 1. Bill of Rights
include consent to the execution of judgment 2. Courts may annul improvident exercise of
police power
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 Nachura Notes – Constitutional Law
Police Power
 Power of promoting public welfare by
restraining and regulating the use of liberty and
property.
 Most pervasive, least limitable and most
demanding of the three powers.
 Justification: salus populi est suprema lex and
sic utere tuo ut alienum non laedas
Who may exercise?
 Inherently vested in Legislature
 Congress may validly delegate this power to the
President, administrative bodies and to lawmaking
bodies of LGUs.
 LGUs exercise this power under the general
welfare clause
Limitations (test for valid exercise)
 Lawful subject: interest of the public; activity or
property sought to be regulated affects the general
welfare; if it does then the enjoyment of the rights
flowing therefrom may have to yield to the interest
of the greater number.
 Lawful means: means employed are reasonably
necessary for the accomplishment of the purpose
and not unduly oppressive on individuals.
 Express grant by law
 Within territorial limits (for LGUs except when
exercised to protect water supply)
 Must not be contrary to law
For Municipal Ordinances to be Valid:
(1) Must not contravene the Constitution or the
statute
(2) Must not be unfair or oppressive
(3) Must not be partial or discriminatory
(4) Must not prohibit but may regulate trade
(5) Must not be unreasonable
(6) Must be general in application and consistent
with public policy
Power of Eminent Domain (Power of
Expropriation)
Jurisdiction
 RTC
Who may exercise the power
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 Congress
 By delegation, the President, administrative
bodies, LGUs and even private enterprises
performing public services
Requisites
(1) Necessity
(2) Private Property, except money and choses in
action
(3) Taking in the constitutional sense
(4) Public use
(5) Just Compensation – full and fair equivalent of
the property taken; fair market value of the property
Judicial Prerogative
 Ascertainment of what constitutes just
compensation for property taken in eminent domain
cases is a judicial prerogative.
Form of Compensation
 Paid in money and no other form.
 In agrarian reform, payment is allowed to be
made partly in bonds because under the CARP, “we
do not deal with the traditional exercise of the
power of eminent domain; we deal with a
revolutionary kind of expropriation.”
Reckoning point of market value of the property
 Date of the taking or the filing of the complaint,
whichever comes first.
Principal criterion in determining just
compensation
 Character of the land at the time of the taking
Entitlement of owner to interest
 When there is delay in the payment of just
compensation, the owner is entitled to payment of
interest if claimed; otherwise, interest is deemed
waived;
 Interest is 6% per annum, prescribed in Article
2209 of the CC, NOT 12% per annum under Central
Bank Circular No. 416, latter applies to loans or
forbearances of money, goods or credits or
judgments involving such loans or forbearance of
money, goods or credits. The kind of interest here is
by way of damages.
 In some expropriation cases, the court imposes
12%  damages for delay in payment which, in
 Nachura Notes – Constitutional Law
effect, makes the obligation on the part of
government one of forbearance.
Who else may be entitled to just compensation
 Owner
 Those who have lawful interest
Title to the property
 Does not pass until after payment
Right of landowner in case of non-payment of
just compensation
 Does not entitle to recover possession of the
expropriated lots
 Only to demand payment of the FMV of the
property
Due process of law
 Defendant must be given an opportunity to be
heard
Writ of Possession, ministerial upon:
(1) Filing of complaint for expropriation sufficient
in form and substance
(2) Upon deposit by the government of the amount
equivalent to 15% of the FMV of the property per
current tax declaration
The plaintiff’s right to dismiss the complaint has
always been subject to Court approval and to
certain conditions, because the landowner may have
already suffered damages at the start of the
taking.
Right to repurchase or re-acquire the property
 Property owner’s right to repurchase the
property depends upon the character of the title
acquired by the expropriator: if land is expropriated
for a particular purpose with the condition that
when that purpose is ended or abandoned, the
property shall revert to the former owner, the
former owner can re-acquire the property.
Lands for socialized housing are to be acquired in
the following order:
(1) Government lands
(2) Alienable lands of the public domain
(3) Unregistered, abandoned or idle lands;
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(4) Lands within the declared Areas for Priority
Development, Zonal Improvement Program sites,
Slum Improvement and Resettlement sites which
have not yet been acquired;
(5) BLISS sites which have not yet been acquired;
and
(6) Privately owned lands
The mode of expropriation is subject to 2
conditions:
(1) Resorted to only when the other modes of
acquisition have been exhausted
(2) Parcels owned by small property owners are
exempt from such acquisition
Small property owners:
(1) Owners of residential lots not more than 300 sq.
m. in highly urbanized cities and not more than 800
sq. m. in other urban areas
(2) They do not own residential property other than
the same
Power of Taxation
Who may exercise
 Legislature
 Local legislative bodies
 To a limited extent, the President, when granted
delegated tariff powers
Limitations on the exercise
 Due process of law, must not be confiscatory
 Equal protection clause, must be uniform and
equitable
 Public purpose
Double taxation
 Additional taxes are laid on the same subject by
the same taxing jurisdiction during the same taxing
period and for the same purpose.
Tax Exemptions
 No law granting tax exemption shall be passed
without the concurrence of a majority of all the
Members of Congress.
 Charitable institutions, churches and parsonages
or convents appurtenant thereto, mosques, non-
profit cemeteries, and all lands, buildings and
improvements actually, directly and exclusively
 Nachura Notes – Constitutional Law

used for religious, charitable or educational (2) Rule of majority

purposes  exempt (3) Accountability of public officials
 Revenues and assets of non-stock, non-profit (4) Bill of rights
educational institutions used actually, directly and (5) Legislature cannot pass irrepealable laws
exclusively for educational purposes  exempt (6) Separation of powers
 Proprietary educational institutions  may be
exempt subject to limitations provided by law Purpose
 Grants, endowments, donations, or contributions  To prevent concentration of authority in one
used actually, directly, and exclusively for person or group of persons that might lead to an
educational purposes  exempt irreversible error or abuse in its exercise to the
detriment of republican institutions.
Police Power vs. Taxation
 License fee v. Tax  license fee is a police
Principle of Blending of Powers
 Instances when powers are not confined
measure; tax is revenue measure
 Amount collected for a license fee is limited to
exclusively within one department but are assigned
the cost of permit and reasonable police regulation to or shared by several departments.
(except when the license fee is imposed on a non-
useful occupation); amount of tax may be unlimited Principle of Checks and Balances
 This allows one department to resist
provided it is not confiscatory
 License fee is paid for the privilege of doing
encroachments upon its prerogatives or to rectify
something and may be revoked when public interest mistakes or excesses committed by the other
so requires; tax is imposed on persons or property departments.
for revenue
Doctrine of Necessary Implication
 Absence of express conferment, the exercise of
Kinds of license fee
(1) For useful occupation/enterprises
the power may be justified under this doctrine, that
(2) Non-useful occupation/enterprises (when used
the grant of an express power carries with it all
to discourage, it may be a bit exorbitant) other powers that may be reasonably inferred from
it.
V. PRINCIPLES AND STATE POLICES
A purely justiciable question implies a given right,
Preamble legally demandable and enforceable, an act or
 Does not confer rights nor impose duties
omission violative of such right, and a remedy
granted and sanctioned by law for said breach of
 Indicates authorship of the Constitution
right.
 Enumerates the primary aims and aspirations of
the framers
Political question is a question of policy. It refers to
 Serves as an aid in the construction of the
those questions which, under the Constitution, are
Constitution
to be decided by the people in their sovereign
capacity, or in regard to which full discretionary
Republicanism
authority has been delegated to the legislative or
 The Philippines is a democratic and republican
executive branch of government. It is concerned
state. Sovereignty resides in the people and all
with issues dependent upon wisdom, not legality of
government authority emanates from them.
particular measure.
 Essential features
(1) Representation
Delegation of powers
(2) Renovation
 Potestas delegate non potest delegare
 Manifestations
 Delegated power constitutes not only a right but
(1) Government of law and not of men
a duty to be performed by the delegate through the
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 Nachura Notes – Constitutional Law
instrumentality of his own judgment and not
through the intervening mind of another.
 Permissible delegation
(1) Tariff powers to the president
(2) Emergency powers to the president (in times of
war or national emergency)
(3) Delegation to the people – specific provisions
where the people have reserved to themselves the
function of legislation
 Referendum: power of the electorate to approve
or reject legislation through an election called for
the purpose; referendum on statutes and referendum
on local law
 Plebiscite: electoral process by which an
initiative on the Constitution is approved or rejected
by the people.
(4) Delegation to LGUs
(5) Delegation to Administrative Bodies – power of
subordinate legislation
 Tests for valid delegation
(1) Completeness test: the law must be complete in
all its essential terms and conditions when it leaves
the legislature so that there will be nothing left for
the delegate to do when it reaches him except to
enforce it.
(2) Sufficient standard test: intended to map out the
boundaries of the delegates’ authority by defining
the legislative policy and indicting the
circumstances under which it is up be pursued and
effected; the standards usually indicated in the law
delegating legislative power.
The Incorporation Clause
 The Philippines renounces war as an instrument
of national policy, adopts the generally accepted
principles of international law as part of the law of
the land, and adheres to the police of peace,
equality, justice, freedom, cooperation and amity
with all nations.
 Independent foreign policy and nuclear-free
Philippines
 Expiration of Bases Agreement
 Renunciation of War
(1) Covenant of the League of Nations
(2) Kellogg-Briad Pact of 1928
(3) Charter of the United Nations
 Doctrine of Incorporation – our courts have
applied the rules of international law in a number of
cases even of such rules had not previously been
10
subject of statutory enactments, because these
generally accepted principles of international law
are automatically part of our own laws.
Civilian Supremacy
 Civilian authority is, at all times supreme over
the military. The AFP is the protector of the people
and the State. Its goal is to secure the sovereignty pf
the State and integrity of the national territory.
Duty of Government; people to defend the State
 The prime duty of the Government is to serve
and protect the people.
 The Government may call upon the people to
defend the State and, in the fulfillment thereof, all
citizens may be required, under conditions provided
by law, to render personal military or civil service.
 The maintenance of peace and order, the
protection of life, liberty and property, and the
promotion of the general welfare are essential for
the enjoyment by all the people of the blessings of
democracy.
Right to Bear Arms: statutory, not constitutional
right.
Separation of Church and State
 Freedom of religion clause
 Religious sect cannot be registered as political
party
 No sectoral representative from the religious
sector
 Prohibition against appropriation for sectarian
benefit
Exceptions
(1) Section 28(3), Article 6: Exemption from
taxation
(2) Section 29(2), Article 6: Prohibition against
sectarian benefit, except when priest is assigned to
the armed forces or to any penal institution or
government orphanage or leprosarium
(3) Section 3(3), Article 14: Optional religious
instruction for public elementary and high school
studies
(4) Section 4(2), Article 14: Filipino ownership
requirement to educational institutions, except those
established by groups and mission boards
 Nachura Notes – Constitutional Law
Independent Foreign Policy and Nuclear-free
Philippines
 State shall pursue an independent foreign
policy. In relations with other states, the paramount
consideration shall be national sovereignty,
territorial integrity, national interest and the right to
self-determination.
 The Philippines consistent with the national
interest, adopts and pursues a policy of freedom
from nuclear weapons in its territory.
Just and dynamic social order
 State shall promote a just and dynamic social
order that will ensure prosperity and independence
of the nation and free the people from poverty
through policies that provide adequate social
services, promote full employment, a rising
standard of living and an improved quality of life
for all.
Promotion of Social Justice
 Promote social justice in all phases of national
development
Respect for human dignity and human rights
 State values the dignity of every human person
and guarantees full respect for human rights.
Family and Youth
 The State recognizes the sanctity of family life
and shall protect and strengthen the family as a
basic autonomous social institution. It shall equally
protect the life of the mother and the life of the
unborn from conception. The natural and primary
right and duty of parents in the rearing of the youth
for civic efficiency and the development of moral
character shall receive support of the Government.
 The State recognizes the vital role of the youth
in nation-building and shall promote and protect
their physical, moral, spiritual, intellectual and
social well-being. It shall inculcate in the youth
patriotism and nationalism, and encourage their
involvement in public and civic affairs.
Fundamental equality of men and women
 State recognizes the role of women in nation-
building and shall ensure the fundamental equality
before the law of men and women.
11
Promotion of health and ecology
 State shall protect and promote the right to
health of the people and instill health consciousness
among them.
 The State shall protect and advance the right of
the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature.
Priority to education, science, technology, etc.
 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 liberation and
development.
Protection to Labor
 State affirms labor as a primary social economic
force. It shall protect the rights or workers and
promote their welfare.
Self-reliant and independent economic order
 State shall develop a self-reliant and
independent national economy effectively
controlled by Filipinos.
 The State recognizes the indispensable role of
the private sector, encourages private enterprise,
and provide incentives to needed investments.
Land reform
 State shall promote comprehensive rural
development and agrarian reform.
Indigenous cultural communities
 State recognizes and promotes the rights of
indigenous cultural communities within the
framework of national unity and development.
Independent people’s organizations
 State shall encourage non-governmental,
community-based, or sectoral organizations that
promote the welfare of the nation.
Communication and information in nation-building
 State recognizes the vital role of communication
and information in nation-building.
Autonomy of local governments
 State shall ensure the autonomy of local
governments.
 Nachura Notes – Constitutional Law
 Decentralization and does not make the local
governments sovereign within the State or an
imperium in imperio.
 Decentralization of administration: delegation of
administrative powers to the LGU in order to
broaden the base of governmental powers.
 Decentralization of power: abdication by the
national government of governmental powers.
Equal access of opportunities for public service
 State shall guarantee equal access of
opportunities for public service and prohibit
political dynasties as may be defined by law.
Honest public service and full public disclosure
 State shall maintain honesty and integrity in the
public service and take positive and effective
measures against graft and corruption.
 State adopts and implements a policy of full
public disclosure of all its transactions involving
public interest.
VI. BILL OF RIGHTS
Definition
 Set of prescriptions setting forth the
fundamental civil and political rights of the
individual, and imposing limitations on the powers
of government.
 Generally, any government action in violation
of the Bill of Rights is void.
 Generally self-executing.
Civil Rights
 Right that belong to every citizen of the state or
country and are not connected with the organization
or administration of government.
Political Rights
 Right to participate, directly or indirectly, in the
establishment or administration of government.
Due Process of Law: No person shall be deprived of
life, liberty or property without due process of law
Definition
 A law which hears before it condemns, which
proceeds upon inquiry and renders judgment only
after trial.
12
Who are protected
 Universal in application to all persons
 Artificial persons are covered by the protection
only insofar as their property is concerned
 Guarantee extends to aliens and includes the
means of livelihood
Meaning of life, liberty and property
 Life: right of an individual to his body in its
completeness, free from dismemberment and
extends to the use of God-given faculties which
makes life enjoyable
 Liberty: the right to exist and the right to be free
from arbitrary personal restraint or servitude;
includes the right to be free to use his faculties in all
lawful ways
 Property: anything that can come under the right
of ownership and can be subject of contract; the
right to secure, use and dispose them.
Aspects of due process
1. Substantive – restriction on government’s law-
and rule-making powers
 Requisites:
1. interest of the public
2. means employed are reasonably necessary for
the accomplishment of the purpose and not unduly
oppressive on individuals
2. Procedural – restriction on actions of judicial
and quasi-judicial agencies of government
 Requisites:
1. 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
4. judgment must be rendered upon lawful hearing
Publication as part of due process
 Publication is imperative to the validity of laws,
PDs and Eos, administrative rules and regulation
and is an indispensable part of due process.
Appeal and due process
 Appeal is not a natural right nor is it part of due
process; it may be allowed or denied by legislature
in its discretion.
 Nachura Notes – Constitutional Law
 But where the Constitution gives a person the
right to appeal, denial of such constitutes a violation
of due process.
Preliminary investigation and due process
 Right to preliminary investigation is not a
constitutional right, but it is merely a right
conferred by statute.
 But where there is a statutory grant of the right
to preliminary investigation, denial of such
constitutes a violation of due process.
Administrative due process
 Requisites
(1) Right to a hearing, includes the right to present
one’s case and submit evidence in support thereof;
(2) Tribunal must consider the evidence presented;
(3) Decision must have something to support itself;
(4) Evidence must be substantial;
(5) Decision must be rendered on the evidence
presented or at least contained in the records and
disclosed to the parties;
(6) Tribunal or any of its judges must act on its own
or his own independent consideration of the facts
and the law of the controversy, and not simply
accept the views of a subordinate in arriving at a
decision; and
(7) 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.
Equal Protection of the Laws
Meaning
 All persons or things similarly situated should
be treated alike, both as to rights conferred and
responsibilities imposed.
 Natural and juridical persons are entitled to this
guarantee.
 With respect to juridical persons, they enjoy the
protection only insofar as their property is
concerned.
Scope of Equality
 Economic
(1) Free access to courts
(2) Marine wealth reserved for Filipino citizens
(3) Reduction of social, economic and political
inequalities
13
 Political
(1) Free access to courts
(2) Bona fide candidates being free from
harassment/discrimination
(3) Reduction of social, economic and political
inequalities
 Social
Valid Classification
(1) Substantial distinctions
(2) Germane to the purpose of the law
(3) Not limited to existing conditions only
(4) Must apply equally to all members of the same
class
Searches and Seizures
Scope
 Available to all persons, including aliens,
whether accused of a crime or not.
 Artificial persons are also entitled to the
guarantee, although they may be required to open
their books of accounts for examination by the State
in the exercise of police and taxing powers.
 Right is personal
Objection must be raised before the accused
enters his plea
Procedural Rules
1. warrantless arrest is not a jurisdictional defect
and any objection thereto is waived when the person
arrested submits to arraignment without any
objection;
2. where a criminal case is pending, the Court
wherein it is filed, or the assigned branch, has
primary jurisdiction to issue the search warrant;
3. where no criminal case has been filed, the
executive judges or their lawful substitutes, in the
areas and for the offense contemplated shall have
primary jurisdiction;
4. moment the information is filed with the RTC, it
is that court which must issue the warrant of arrest;
5. the judge may order the quashal of a warrant he
issued even after the same had already been
implemented, particularly when such quashal is
based on the finding that there is no offense
committed  items seized shall be inadmissible in
evidence
 Nachura Notes – Constitutional Law
Only a judge may issue a warrant
 Exception: order of arrest may be issued by
administrative authorities but only for the purpose
of carrying out a final finding of a violation of law,
e.g. an order of deportation or an order of contempt
but not for the sole purpose of investigation or
prosecution.
Requisites for a Valid Warrant
(1) Probable cause
(2) Determination of probable cause personally by
the judge
(3) After examination under oath or affirmation of
the complainant and the witnesses he may produce
(4) Particularity of description
The judge shall
(1) Personally evaluate the report and the
supporting documents submitted by the fiscal
regarding the existence of probable cause and, on
the basis thereof, issue a warrant of arrest; or
(2) If on the basis thereof, he finds no probable
cause, he may disregard the prosecutor’s report
band require the submission of supporting affidavits
of witnesses.
Principles:
(1) The determination of probable cause is a
function of the judge
(2) The preliminary inquiry made by the prosecutor
does not bind the judge, as it is the report,
affidavits, the transcript of stenographic notes and
all other supporting documents behind the
prosecutor’s certification which are material in
assisting the judge in his determination of probable
cause
(3) Judges and prosecutors should distinguish the
preliminary inquiry which determines probable
cause for the issuance of the warrant of arrest from
the preliminary investigation proper which
ascertains whether the offender should be held for
trial or be released
(4) Only a judge may issue a warrant of arrest
Judge himself conducts the preliminary
investigation, for him to issue a warrant of arrest,
the investigating judge must:
(1) Have examined, under oath, the complainant
and the witnesses;
14
(2) Be satisfied that there is probable cause; and
(3) That there is a need to place the respondent
under immediate custody in order not to frustrate
the ends of justice
Particularity of Description:
(1) Readily identify the properties to be seized and
thus prevent them from seizing the wrong items;
and
(2) Leave peace officers with no discretion
regarding the articles to be seized and thus prevent
unreasonable searches and seizures.
Warrant of Arrest  particularly describe the
person to be seized if it contains the name/s of the
person/s to be seized.
John Doe warrant  descriptio persona
Search Warrant  description is as specific as the
circumstances will ordinarily allow or when
description expresses a conclusion of fact (not of
law) by which the warrant officer may be guided in
making the search; or when the things described are
limited to those which bear direct relation to the
offense for which the warrant is being issued.
Properties Subject of Seizure:
(1) Subject of the offense
(2) Stolen or embezzled property and other
proceeds or fruits of the offense; and
(3) Property used or intended to be used as means
for the commission of an offense
Conduct of the Search
(1) Lawful occupant
(2) Any member of his family
(3) 2 witnesses, of sufficient age and discretion,
residing in the same locality
Warrantless arrests by a peace officer or a private
person:
(1) When the person to be arrested has committed,
is actually committing or is attempting to commit an
offense in his presence;
(2) When the offense had just been committed and
there is probable cause to believe, based on his
personal knowledge of facts and of other
circumstances, that the person to be arrested has
committed the offense;
 Nachura Notes – Constitutional Law
(3) 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; and
(4) When the right is voluntarily waived.
Buy-bust operation is a valid in flagrante arrest.
In flagrante arrests:
(1) The person to be arrested must execute an overt
act indicating that he had just committed, is actually
committing, or is attempting to commit a crime; and
(2) Such overt act is done in the presence or within
the view of the arresting officer.
In (2):
(1) there must be immediacy between the time the
offense is committed and the time of the arrest. If
there was an appreciable lapse of time between the
arrest and the commission of the crime, a warrant of
arrest must be secured and
(2) the person making the arrest has personal
knowledge of certain facts indicating that the person
to be taken into custody has committed the crime.
Question the validity of the arrest before entering
plea; failure to do so would constitute a waiver of
his right against unlawful restraint of his liberty.
However, waiver is limited to the illegal arrest. It
does not extend to the search made as an incident
thereto, or to the subsequent seizure if evidence
allegedly found during the search.
Warrantless Searches
(1) When the right is voluntarily waived;
(2) When there is a valid reason to “stop-and-frisk”;
(3) Where the search (and seizure) is an incident to
a lawful arrest;
(4) Search of vessels and aircrafts;
(5) Search of moving vehicles;
(6) Inspection of buildings and other premises for
the enforcement of fire, sanitary and building
regulations;
(7) Where prohibited articles are in plain view;
(8) Search and seizure under exigent and
emergency circumstances; and
(9) Conduct of areal target zoning or saturation
drive/s as valid exercise of military powers of the 15
President (Guanzon vs. de Villa)
Valid Waiver of Constitutional Right
(1) Right exists
(2) That the person involved had knowledge, either
actual or constructive of the existence of such right;
and
(3) That the person had an actual intention to
relinquish the right.
Searches of Passengers at Airports
- When the accused checked in his luggage as a
passenger of a plane, he agreed to the inspection of
his luggage in accordance with customs laws and
regulations, and thus waived any objection to a
warrantless search.
- Search made pursuant to routine airport security
is allowed under RA 6235, which provides that
every airline ticket shall contain a condition that
hand-carried luggage, etc., shall be subject to
search, and this condition shall form part of the
contract between the passenger and the air carrier.
Stop and Frisk
- 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 that
criminal activity may be afoot.
- Requisites:
1. police officer should properly introduce himself
and make initial inquiries
2. approach and restrain a person who manifests
unusual and suspicious conduct in order to check
the latter’s outer clothing for possible concealed
weapon
3. must have a genuine reason, in accordance with
experience and the surrounding conditions, to
warrant the belief that the person to be held has
weapons or contraband concealed about him
4. search and seizure should precede the arrest
Exception: People vs. Sucro – warrantless
search and seizure can be made without
necessarily being preceded by an arrest provided
that the said search is effected on the basis of
probable cause.
- People vs. Chua Ho San: contemporaneous
search of a person arrested may be effected for
dangerous weapons or proofs or implements used in
the commission of the crime and which search may
 Nachura Notes – Constitutional Law
extend to the area within his immediate control
where he might gain possession of a weapon or
evidence he can destroy, a valid arrest must
preceded a search.
Where the search (and seizure) is an incident to a
lawful arrest;
- Search must be contemporaneous to arrest and
made within a permissible area of search.
- Requisites:
1. arresting officer must have probable cause in
effecting the arrest; and
2. probable cause must be based on reasonable
ground of suspicion or belief that a crime has been
committed or is about to be committed.
Permissible area of search
- may extend beyond the person of the one
arrested to include the premises or surroundings
under his immediate control.
Seizure of allegedly pornographic material
(1) criminal charge must be brought against the
person/s for purveying the pornographic material/s;
(2) application for a search and seizure warrant
obtained from a judge (who shall determine the
existence of probable cause);
(3) material confiscated brought to the court in the
prosecution of the accused for the crime charged;
(4) court will determine whether the confiscated
items are really pornographic; and
(5) judgment of acquittal or conviction rendered by
the court accordingly
Fishing vessel found to be violating fishery laws
may be seized without a warrant:
(1) usually equipped with powerful motors that
enable them to elude pursuit and
(2) seizure would be incident to a lawful arrest
Search of moving vehicles
- 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.
- Prevent violations of smuggling or immigration
laws, provided that such searches are made at
borders or constructive borders (e.g. checkpoints
near the boundary lines of the state).
16
“Stop and search” without a warrant at a military or
police checkpoints
- Not illegal per se so long as it is required by the
exigencies of public order and conducted in a way
least intrusive to motorists. (Valmonte vs. de Villa)
Checkpoint Search
(1) Mere routine inspection: 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.
(2) Extensive search: constitutionally permissible if
the officers conducting the search had reasonable or
probable cause to believe, before the search, that
either the motorist is a law offender or they will find
the instrumentality or evidence pertaining to a crime
in the vehicle to be searched.
Inspection of buildings and other premises for the
enforcement of fire, sanitary and building
regulations
- Exercise of police power of the State
- Must be conducted during reasonable hours
Prohibited articles are in plain view
- Objects in plain view of the officer who has the
right to be in the position to have that view.
- Police officer is not searching but inadvertently
comes upon an incriminating object.
- Requisites:
(1) Prior valid intrusion based on a valid
warrantless arrest in which the police are legally
present in the pursuit of their official duties;
(2) Evidence was inadvertently discovered by the
police who have the right to be where they are;
(3) Evidence must be immediately apparent; and
(4) “Plain view” justified the seizure of the
evidence without any further search.
Plain View
- Object 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 a warrant.
- Package proclaims its contents  transparency,
distinctive configuration or contents are obvious to
an observer.
 Nachura Notes – Constitutional Law
- People vs. Salanguit: once the valid portion of
the search warrant has been executed, the “plain
view” doctrine can no longer provide any basis for
admitting the other items subsequently found…
(marijuana was also wrapped in newspaper which
was not transparent….warrant for shabu and drug
paraphernalia, found the shabu first)
- Doctrine is not an exception to the warrant. It
serves to supplement the prior justification. It is a
recognition that of the fact that when executing
police officers come across immediately
incriminating evidence not covered by the warrant,
they should not be required to close their eyes to it,
regardless of whether it is evidence of the crime
they are investigating or evidence of some other
crime. It would be needless to require the police to
obtain another warrant.
Immediately apparent test
- Does not require an unduly high degree of
certainty.
- Requires merely that the seizure be
presumptively reasonable assuming that there is
probable cause to associate the property with
criminal activity.
- Nexus exists between the viewed object and the
criminal activity.
Exclusionary Rule: Evidence obtained in violation
of Section 2, Article 3 shall be inadmissible for any
purpose in any proceeding because it is “the fruit of
the poisoned tree.”
- Property illegally seized may be used in
evidence in the case filed against the officer
responsible for the illegal seizure.
Privacy of Communications and Correspondence
- 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.
Inviolability
- Exceptions:
(1) Lawful order of the court;
17
(2) Public safety or order requires otherwise, as
may be provided by law.
- Includes tangible and intangible objects.
- RA 4200: illegal for any person not authorized
by all the parties to any private communication, to
secretly record such communications by means of a
tape recorder. Telephone extension was not among
the devices covered by this law.
Freedom of Expression
- No law shall be passed abridging the freedom of
speech, of expression nor of the press, or the right
of the people peaceably to assemble and petition the
government for redress of grievances.
- Scope: Any and all modes of expression.
Aspects:
(1) Freedom from censorship or prior restraint
- Need not be total suppression, even restriction
of circulation constitutes censorship.
- Section 11 (b), RA 66461: legitimate exercise of
the police power of the State to regulate media or
communication and information for the purpose of
ensuring equal opportunity, time and space for
political campaigns. Unrelated to suppression of
speech as it is only incidental and no more than is
necessary to achieve the purpose of achieving the
purpose of promoting equality.
- Movie censorship: movie, compared to other
media of expression, have a greater capacity for evil
and must, therefore, be subjected to a greater degree
of regulation.
- Power of MTRCB can be exercised only for
purposes of “classification” not censorship.
- Primacy of freedom of expression over Enrile’s
“right to privacy” because Enrile was a “public
figure” and a public figure’s right to privacy is
narrower than that of an ordinary citizen. (Ayer
Productions vs. Judge Capulong)
- Board of Review for Motion Pictures and
Television (BRMPT)  “X-rating” when the
program would create a clear and present danger of
an evil which the State has the right to prevent.
(Inglesi ni Cristo vs. CA)
1
Prohibited any person making use of the media to sell or to
give free of charge print space or air time for campaign or
other political purposes except to the COMELEC.
 Nachura Notes – Constitutional Law
- No law prohibiting the holding and reporting of
exit poll. (ABS-CBN Broadcasting Corporation vs.
COMELEC)
- Test for the validity of government regulation,
valid if (O’Brien Test):
1. within the constitutional power of government;
2. furthers an important or substantial government
interest;
3. government interest is unrelated to the
suppression of free expression; and
4. incidental restriction on the freedom is no
greater than is essential to the furtherance of that
interest.
- Overbreadth Doctrine: prohibits government
from achieving its purpose by “means that sweep
unnecessarily broadly, reaching constitutionally
protected as well as unprotected activity.”
(2) Freedom from subsequent punishment
- Without this assurance, the individual would
hesitate to speak for fear that he might be held
accountable for his speech, or that he might be
provoking the vengeance of the officials he may
have criticized.
- Not absolute and may be properly regulated in
the interest of the public.
- State may validly impose penal and/or
administrative sanctions, such as:
1. Libel
- Public and malicious imputation of a crime, or
of a vice or defect, real or imaginary, or any act,
omission, condition, status or circumstance tending
to cause the dishonor, discredit or contempt of a
natural or juridical person, or to blacken the
memory of one who is dead.
- Oral defamation is called slander.
- Every defamatory imputation is presumed to be
malicious.
 Exceptions:
1. a private communication made by any person to
another in the performance of any legal, moral or
social duty; and
2. fair and true report, made in good faith, without
any comments or remarks, of any judicial,
legislative or other official proceedings which are
not of a confidential nature, or of any statement,
report or speech delivered in said proceedings, or of
any act performed by public officers in the exercise
if their functions.
18
- Public has the right to be informed on the
mental, moral and physical fitness of candidates for
public officer. The rule applies only to fair
comments on matters of public interest, 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.
2. Obscenity
- Determination of what is obscene is a judicial
function.
3. Criticism of official conduct
- US vs. Bustos: individual is given the widest
latitude in criticism of official conduct.
- 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
punishable by contempt. It is not necessary to show
that the publication actually obstructs the
administration of justice; it is enough that it tends to
do so.
- Freedom of press is subordinate to the decision,
authority, integrity and independence of the
judiciary and the proper administration of justice.
4. Right of students to free speech in school
premises not absolute
- 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.
- The school cannot suspend or expel a student
solely on the basis of the articles he or she has
written, except when such article materially disrupts
class work or involves substantial disorder or
invasion of rights of others.
Test of valid government interference
(1) Clear and Present Danger Rule
- Whether the words are used in such
circumstances and of such nature as to create a clear
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.
 Nachura Notes – Constitutional Law
- Rule: the danger created must not only be clear
and present but also traceable to the ideas
expressed.
- “clear”: seems to point to a causal connection
with the danger of the substantive evil arising from
the utterance questioned
- “present” refers to the time element, identified
with imminent and immediate danger
- The danger must not only be probable, but very
likely inevitable.
(2) Dangerous Tendency Rule
- Words uttered create a dangerous tendency of
an evil which the State has the right to prevent, then
such words are punishable.
- 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.
(3) 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 abridgment of
speech, the duty of the courts is to determine which
of the two conflicting interests demands the greater
protection under the particular circumstances
presented.
- Requires a court to take conscious and detailed
consideration of the interplay of interests observable
in a given situation.
Assembly and Petition
- Right to assemble is not subject to prior
restraint.
- It may not be conditioned upon prior issuance of
a permit or authorization from government
authorities.
- It must be exercised in such a way as will not
prejudice the public welfare.
- PUBLIC PLACE: permit for the use of such
place, and not for the assembly itself, may be
validly required. The power of local officials is
merely one of regulation.
- Permit to hold public assembly shall not be
necessary where the meeting is to be held in a
PRIVATE PLACE.
 Public Assembly Act: a permit shall not be
necessary where the meeting is to be held in a
private place, in the campus of the government-
19
owned or –operated educational institution, or in a
freedom park.
 Where permit is required, written application
shall be filed with the mayor’s office at least 5 days
before the scheduled meeting and shall be acted
upon within 2 days. Otherwise, permit shall be
deemed granted.
 Denial shall be justified only upon clear and
convincing evidence that the public assembly will
create a cleat and present danger to public order,
safety, convenience, morals and health.
 Action shall be communicated within 24 hours
to the applicant… may appeal to appropriate courts.
 Decision must be reached within 24 hours.
 The law permits law enforcement agencies to
detail a contingent under a responsible officer at
least 100 meters away from the assembly in case it
becomes necessary to maintain order.
- Academic freedom of institutions of higher
learning cannot be utilized to discriminate against
those who exercise their constitutional rights.
- Right to free assembly and petition prevails over
economic rights.
- Education of the youth occupies a preferred
position over the freedom of assembly and petition.
- Tests priorly applied by the court:
1. purpose test
2. auspice test
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 or
political rights.
- 2 guarantees:
1. non-establishment clause
2. freedom of religious profession and worship
- Non-establishment clause: separation of Church
and State
1. cannot be registered as a political party;
2. no sectoral representative from the religious
sector; and
3. prohibition against the use of public money or
property for the benefit of any religion, or of any
priest, minister or ecclesiastic.
 Nachura Notes – Constitutional Law
- Exceptions:
1. exception 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  expressed in
writing by the parents/guardians, taught within
regular class hours; and without additional costs on
the Government; and
4. appropriation allowed where the minister or
ecclesiastic is employed in the armed forces, penal
institution or in the government-owned orphanage
or leprosarium.
- Scope:
1. State cannot set up a Church
2. nor pass laws which aid one religion, aid all
religion or prefer one over another;
3. nor force nor influence a person to go to or
remain away from church against his will;
4. or force him to profess a belief or disbelief in
any religion.
- The term “Non-Christian tribes” does not refer
to religious belief but to degree of civilization.
(People vs. Cayat)
- Laws, e.g. Article 133 of the RPC, do not
violate freedom of religion.
- Freedom of religion is accorded preferred status,
designed to protect the broadest possible liberty of
conscience, to allow each man to believe as his
conscience directs, to profess his beliefs and to live
as he believes he ought to live, consistent with
liberty of others and with the common good.
- Intramural religious disputes:
 Where a civil right depends upon some matter
pertaining to ecclesiastical affairs, the civil tribunal
tries the civil right and nothing more.
 “Ecclesiastical Affair” is one that concerns
doctrine, creed, or forum of worship of the church,
or the adoption and enforcement within a religious
association of needful laws and regulations for the
government of the membership, and the power of
excluding from such associations those deemed
unworthy of membership.
 It is not for the Court to exercise control over
Church authorities in the performance of their
discretionary and official functions; it is for the
20
members of religious institutions/organizations to
conform to just church regulations.
- Free Exercise Clause
 Aspects of freedom of religious profession and
worship:
1. right to believe, which is absolute
2. right to act according to one’s belief, which is
subject to regulation.
 Constitutional guarantee of free exercise pf
religious profession and worship carries with it the
right to disseminate religious information, and any
restraint of such right can be justified only on the
ground that there is a clear and present danger of an
evil which the State has the right to prevent.
- The compelling State interest test:
 Estrada vs. Escritor (administratively charged
with immorality for living with a married man, not
her husband; conjugal arrangement was in
conformity with their religious beliefs)
 “Benevolent Neutrality” recognizes that
government must pursue its secular goals and
interests, but at the same time, strive to uphold
religious liberty to the greatest extent possible
within flexible constitutional limits.
 Thus, although the morality contemplated by
laws is secular, benevolent neutrality could allow
for accommodation of morality based on religion,
provided it does not offend compelling state
interest.
 2 steps:
1) Whether respondent’s right to religious freedom
has been burdened and
2) Ascertain respondents sincerity in his beliefs.
- State regulations imposed on solicitations for
religious purposes do not constitute an abridgment
of freedom of religion; but are NOT covered by PD
1564 (Solicitation Permit Law) which required prior
permit from DSWD in solicitations for charitable or
public welfare purposes;
- Free exercise clause does not prohibit imposing
a generally applicable sales and use tax on the sale
of religious materials by a religious organization.
Resulting burden is so incidental as to make it
difficult to differentiate it from any other economic
imposition that might make the right to disseminate
religious doctrines costly.
Liberty of Abode and of Travel
 Nachura Notes – Constitutional Law
- The liberty of abode and of 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 be provided by law.
- Limitations:
1) On liberty of abode: lawful order of the court
 Caunca vs. Salazar: maid has the right to
transfer to another residence even if she had not yet
paid the amount advanced for her transportation
from the province by an employment agency;
 Rubi vs. Provincial Board of Mindoro: requiring
some members of the non-Christian tribes to reside
only within a reservation, valid… to promote their
better education, advancement and protection.
 Universal Declaration of Human Rights:
everyone has the right to leave any country,
including his own and to return to his country.
 Covenant on Civil and Political Rights: no one
shall be arbitrarily deprived of the right to enter his
own country.
2) On right to travel: national security, public
safety or public health, as may be provided by law
- Lawful order of the court is a valid restriction.
- Court may validly refuse to grant the accused
permission to travel abroad, even if the accused in
out on bail. (Manotoc vs. CA)
- Liberty of travel may be impaired even without
court order, the appropriate executive officers or
administrative authorities are not armed with
arbitrary discretion to impose limitations.
- Principles:
1) The Hold-departure Order is but an exercise of
the court’s inherent power to preserve and maintain
the effectiveness of its jurisdiction over the case and
over the person of the accused;
2) By posting bail, the accused holds himself
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
3) 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 appropriate conditions therefore, since they
are conversant with the facts of the cases and the
ramifications or implications thereof.
21
- The persons right to travel is subject to the usual
constraints imposed by the very necessity of
safeguarding the system of justice. Whether the
accused should be permitted to leave the country for
humanitarian reasons is a matter addressed to the
court’s discretion.
Right to Information
- Right of the people to information on matters of
public concern shall be recognized.
- Access to official records and to documents and
papers pertaining to official acts, transactions pr
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.
- Scope of the Right: right to information
contemplates inclusion of negotiations leading to
consummation of the transactions.
 The right only affords access, which means the
opportunity to inspect and copy them at his
expense.
 Subject to regulations: to protect integrity of
public records and to minimize disruption of
government operations.
- Exceptions:
1) Privileged communications rooted in separation
of powers
2) Information on military and diplomatic secrets
3) Information affecting national security
4) Information on investigations of crimes by law
enforcement agencies before the prosecution of the
accused.
- Need for publication of law reinforces this right.
- The manner of examining public records may be
subject to reasonable regulation by the government
agency in custody.
- The duty to disclose the information of public
concern, and to afford access to public records
cannot be discretionary on the part of said agencies.
Its performance may be compelled by mandamus.
- In Re: Request for Live Radio-TV Coverage of
the Trial in the SB of the Plunder Case against
Former Pres. Joseph Ejercito Estrada, Secretary of
Justice Hernando Perez vs. Joseph Ejercito Estrada:
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
 Nachura Notes – Constitutional Law
constitutional power of a court to control its
proceedings in ensuring a fair and impartial trial
race against another, jurisprudence tells us that the
right of the accused must be preferred (losing not
only his liberty but also the very life of an accused).
Right to Form Associations
- The right of the people, including those
employed in the public and private sectors, to form
unions, associations or societies for purposes not
contrary to law shall not be abridged.
- Scope: includes the right not to join or to
disaffiliate from one.
- Right to Strike: members of the civil service
may not declare a strike to enforce economic
demands.
- The ability to strike is not essential to the right
of association.
- The right of the sovereign to prohibit strikes or
work stoppages by public employees is clearly
recognized at common law. Modern rule merely
incorporate or reasserts said common law.
- Right is not absolute.
 Anti-Subversion Act
 Managerial employees: receive information that
is not only confidential but also generally not
available to the public.
Non-impairment Clause
- No law impairing the obligation of contracts
shall be passed.
- To fall within the prohibition, the change must
not only impair the obligation of the existing
contract, but the impairment must be substantial.
- Change in the rights of the parties with
reference to each other and not with respect to non-
parties.
- Impairment: anything that diminishes the
efficacy of the contract
- Substantial impairment when the law changes
either
1) Time of performance
2) Mode of performance
3) Imposes new conditions
4) Dispenses with those expressed
5) Authorizes for its satisfaction something
different from that provided in its terms
- Limitations:
22
1) Police power – public welfare is superior to
private rights
2) Eminent domain
3) Taxation
- Franchises, privileges, licenses, etc do not come
within the context of the provision
 Subject to amendment alteration, or repeal by
the Congress when common good so requires.
Free Access to Courts
- Free access to the courts and quasi-judicial
bodies and adequate legal assistance shall not be
denied to any person by reason of poverty.
- Social justice provision providing for pauper
suits.
Miranda Doctrine
- Any person under investigation for the
commission of 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.
- No torture, force, violence, threat, intimidation
or any other means which vitiate the free will shall
be used against him.
- Secret detention places, solitary,
incommunicado, or other similar forms of detention
are prohibited.
- Any confession or admission obtained in
violation of this or Section 17 shall be inadmissible
in evidence against him.
- 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.
- Rights are available only during custodial
investigation.
 Custodial investigation or in-custody
interrogation of accused person: 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.
 Nachura Notes – Constitutional Law
 Investigation ceases to be a general inquiry into
an unsolved crime and direction is 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.
- Does not apply to spontaneous statement5s.
- Does not apply to admissions/confessions made
by a suspect before he was placed under custodial
investigation.
- Custodial investigation includes 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.
- Police Line-up
 Not considered part of custodial investigation
because it is conducted before that stage of
investigation is reached.
 Process has not yet shifted from the
investigatory to the accusatory stage.
- People vs. Escordial
 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).
 During custodial investigation, these have been
described as “critical confrontations of the accused
by the prosecution” necessitating the presence of
counsel. This is because the result of these pre-trial
proceedings might well settle the fate of the accused
and reduce the trial to a mere formality.
 Merely photographed or paraffin test, not yet
under custodial investigation.
- Investigations not considered as custodial
interrogations.
- Arrested person signs a booking sheer and an
arrest report at the police station, he does not admit
the commission of an offense nor confess to any
incriminating circumstance. Said booking sheet is
merely a statement of how the arrest was made and
has no probative value as an EJ statement of the
person detained.
- Rights guaranteed by this provision refers only
to testimonial compulsion.
- What rights are available
23
1) To remain silent;
 No adverse inference from his refusal to answer.
2) To competent and independent counsel
(preferably of his own choice; at all stages of the
proceeding);
 Attaches upon the start of the investigation;
 Lawyer should never prevent a person from
telling the truth.
 RA 7438: Accused’s parent, older bro and sis,
spouse, Mayor, Municipal Judge, district school
supervisor, or priest or minister of the gospel as
chosen by the accused, may appear in lieu of the
counsel during the taking of an EJ confession IF:
1) Counsel of accused is absent and
2) Valid waiver had been executed.
 “competent and independent”  willing to
safeguard the constitutional rights of the accused, as
distinguished from one who would merely be giving
a routine peremptory and meaningless recital of the
individual’s constitutional rights.
 Mere pro forma appointment of a counsel de
officio who fails to genuinely protect the interests of
the accused merits disapprobation.
 Independent Counsel: not special counsel, City
legal officer, Mayor, public/private prosecutor,
counsel of the police, or a municipal attorney,
whose interest is admittedly adverse to the accused.
 “Preferably of his own choice” does not mean
that the choice of a lawyer by a person under
investigation is exclusive as to preclude other
equally competent and independent attorneys from
handling the defense.
 Choice of lawyer when accused cannot afford –
final say is still with the accused who may reject
said lawyer; deemed engaged by the accused when
he does not object.
 Confession obtained after charges had already
been filed: The right to counsel still applies in
certain pre-trial proceedings that are considered
critical stages in the criminal process. Custodial
interrogation before or after charges have been
filed, and non-custodial interrogation after the
accused has been formally charged, are
considered “critical pre-trial stages” in the criminal
process.
3) To be informed of such rights;
 Nachura Notes – Constitutional Law
 Transmission of meaningful information rather
than just ceremonial and perfunctory recitation of
an abstract constitutional principle.
 P must show that the accused understood what
he read and the consequences of his waiver.
 Right to be informed carries with it the
correlative obligation on the part of the investigator
to explain and contemplates an effective
communication which results in the subject
understanding what is conveyed. (degree of
explanation depends on the personal circumstances
of the accused)
4) Rights cannot be waived except in writing and
signed by the person in the presence of his counsel;
5) No torture, force, violence, etc. which vitiates
free will shall be used;
6) Secret detention places, etc. are prohibited; and
7) Confessions/admissions obtained in violation of
rights are inadmissible in evidence.
 2 Kinds of Involuntary/Coerced Confession
1) Coerced confession, the product of third degree
methods
2) Uncounselled statements, without the benefit of
the Miranda warning
 Alleged infringement of the constitutional rights
of the accused during custodial investigation is
relevant and material only where an extrajudicial
confession/admission from the accused becomes the
basis of conviction.
 1973 Constitution does not distinguish between
verbal and non-vernal confession.
 A person suspected of having committed a
crime and subsequently charged with its
commission has the following rights in the matter of
his testifying or producing evidence:
1) Before case is field in court or with public
prosecutor for preliminary investigation, but after
having been taken into custody or otherwise
deprived of his liberty and on being interrogated by
the police
 To remain silent
 Right to counsel
 To be informed of such right
 Not to be subjected to torture, violence, threat,
intimidation or any other means which vitiates free
will and
 To have evidence obtained in violation of these
rights rejected and inadmissible.
24
2) After the case is filed in court
 To refuse to be a witness
 Not to have nay prejudice by such refusal
 To testify in his own behalf, subject to cross-
examination
 While testifying, refuse to answer an
incriminating question
- Waiver
(1) Must be in writing and made in the presence of
the counsel
(2) No retroactive effect – no application to waivers
made prior to APRIL 26, 1983, the promulgation of
Morales.
(3) Burden of proof – burden of proving valid
waiver is with the prosecution.
 Presumption that official duty has been
regularly performed cannot prevail over the
presumption of innocence.
(4) What may be waived
 Right to remain silent
 Right to counsel
 NOT the right to be informed of these rights.
- Guidelines for Arresting/Investigating Officers
(People vs. Mahinay)
(1) Person arrested, detained, invited or under
custodial investigation must be informed in a
language known to and understood by him of the
reason for his arrest and must be shown the warrant
of arrest, if any.
(2) He must be warned that he has the right to
remain silent and that any statement he makes may
be used as evidence against him.
(3) He must be informed that he has the right to be
assisted at all times and have the presence of an
independent and competent lawyer, preferably of
his own choice.
(4) He must be informed that if he has no lawyer or
cannot afford one, a lawyer will be provided for
him; and that a lawyer may also be engaged by any
person in his behalf or may be appointed by the
Court upon petition of the person or one acting in
his behalf.
(5) That whether or not the person arrested has a
lawyer, he must be informed that no custodial
investigation in any form shall be conducted except
in the presence of his counsel or after a valid
waiver.
 Nachura Notes – Constitutional Law
(6) The person arrested must be informed that, at
any time, he has the right to communicate or confer
by the most expedient means with his lawyer, any
member of his immediate family, or any medical
doctor, priest or minister chose by him or anyone of
his immediate family or by his counsel, or be visited
by/confer with duly accredited national or
international non-governmental organization. It
shall be the responsibility of the officer to ensure
that this is accomplished.
(7) He must be informed that he has the right to
waive any said rights provided it is made
voluntarily, knowingly and intelligently, and ensure
that he understood the same.
(8) If the person arrested waives his right to a
lawyer, he must be informed that this must be done
in writing and in the presence of the counsel,
otherwise he must be warned that the waiver is void
even if he insists in his waiver and chooses to
speak.
(9) The person arrested must be informed that he
may indicate in any manner at any time or stage of
the process that he does not wish to be questioned
with a warning that once he makes such indication
the police may not interrogate him if the same had
not yet commenced or the interrogation must cease
if it had already begun.
(10) The person arrested must be informed
that the initial waiver of his right to remain silent,
the right to counsel or to any other rights does not
bar him from invoking it at any time during the
process, regardless of whether he may have
answered some questions or volunteered some
statements.
(11) He must be informed that any statement
or evidence, as the case may be, obtained in
violation of any of the foregoing, inculpatory or
exculpatory, in whole or in part, shall be
inadmissible.
- Exclusionary Rule: Confession/Admission
obtained in violation of Section 12 and 17, Article
III of the Constitution shall be inadmissible in
evidence.
- Confession: declaration made voluntarily and
without compulsion or inducement by a person
acknowledging that he has committed or
participated in the commission of a crime.
- Any allegation of force, duress, undue influence
or other forms of involuntariness in exacting such
25
confession must be proved y clear, convincing and
competent evidence by the defense. Otherwise, the
confession’s full probative value may be used to
demonstrate the guilt of the accused.
- Fruit of the Poisonous Tree: (Justice Frankfurter
 Nardone vs. US)
 Once the primary source is shown to have been
unlawfully obtained, any secondary or derivative
evidence derived from it is also inadmissible.
 Basis: evidence illegally obtained by the State
should not be used to gain other evidence.
- Receipt of Seized Property if signed by the
accused without assistance of counsel and not
having been informed of his constitutional rights is
inadmissible.
 People vs. Linsangan: initialed the P10 bill that
the police found tucked in his waist. Valid. Because
possession of marked bills did not constitute a
crime, the subject if the prosecution being his act of
selling marijuana cigs.
- Re-enactment of the Crime – before, must be
appraised of his constitutional rights.
- Res Gestae – admissible.
- Waiver of Exclusionary Rule: failure to object
to offer in evidence.
Right to Bail
- All persons except those charged with an
offense punishable by RP, when evidence of guilt is
strong, shall before conviction be bailable by
sufficient sureties or be released on recognizance as
may be provided by 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
any court as may be required.
- Any person under detention, even if no formal
charge have yet been field, can invoke the right to
bail.
- When bail is authorized, it should be granted
before arraignment, otherwise, the accused may be
precluded from filing a motion to quash.
- Exceptions:
1. when charged with an offense punishable by RP
(or higher) and evidence of guilt is strong
 Nachura Notes – Constitutional Law
2. traditionally, not available to military
- Duty of the Court when accused is charged with
an offense punishable by RP or higher.
 Hearing on the motion for bail must be
conducted by the judge.
 Prosecution must be given an opportunity to
present all the evidences.
 Applicant having right of cross-examination and
to introduce evidence in rebuttal.
 If prosecution refuses to adduce evidence or
fails to interpose an objection to the motion for bail,
it is still mandatory for the court to conduct a
hearing or ask searching and clarificatory questions
from which it may infer the strength of the evidence
of guilt or lack of it.
- The hearing on the petition for bail need not at
all times precede arraignment, because the rule is
that a person deprived of his liberty by virtue of his
arrest or voluntary surrender may apply for bail as
soon as he is deprived of his liberty, even before a
complaint or information is filed against him.
- Court’s order granting or refusing bail must
contain summary of evidence for the prosecution.
- The assessment of the evidence presented
during bail hearing is only for the purpose of
granting or denying an application for the
provisional release of the accused  liberal in their
approach, not being a final assessment.
- Bail is either:
1) A matter of right
 Before or after conviction by MeTC, MTC
MTC in Cities, MCTC
 Before conviction by RTC of an offense not
punishable by death, RP or life imprisonment.
2) Judges discretion
 Upon conviction by RTC of an offense not
punishable by death, RP or life imprisonment.
 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
to consent of bondsman.
 If court imposes penalty of imprisonment of 6-
20 years, accused shall be denied bail or bail
previously granted cancelled, upon showing by
prosecution that:
1) The accused is a recidivist, quasi-recidivist,
habitual delinquent, or has committed the crime
aggravated by the circumstance of reiteration;
26
2) The accused is found to have previously
escaped from legal confinement, evaded sentence or
has violated the conditions of his bail without valid
justification;
3) The accused committed the offense while on
probation, parole or under conditional pardon;
4) Circumstances of the accused or his case
indicate the probability of flight if released on bail;
and
5) Undue risk that during pendency of the appeal,
the accused may commit another crime.
3) Denied
 Accused is charged with a capital offense or an
offense punishable by RP or higher and evidence of
guilt is strong.
 Principle denying bail to an accused charged
with a capital offense where evidence of guilt is
strong, applies with equal force to the appellant
who, though convicted of an offense not punishable
by death, RP, or life imprisonment was nevertheless
originally charged with a capital offense.
- Standards for fixing bail
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) Penalty for the offense charged
6) Weight of the evidence against him
7) Age and health
8) Probability of appearing at the trial
9) Forfeiture of other bonds by him
10) Fact that he was a fugitive from justice when
arrested
11) Pendency of other cases in which he is under
bond
- Right to Bail and Extradition (Government of
the U.S. vs. Judge Purungan and Mark Jimenez)
 The constitutional provision on bail applies only
when a person is arrested and detained for violation
of Philippine criminal laws. It does not apply to
extradition proceedings, because extradition courts
do not render judgments of acquittal or conviction.
 It flows from the presumption of innocence in
favor of every accused who should not be subjected
to the loss of freedom unless his guilt is proved
beyond reasonable doubt. The constitutional
provision on bail will not apply to a case of
extradition where the presumption of innocence is
not an issue.
 Nachura Notes – Constitutional Law
 Extradition proceedings are separate and distinct
from the trial of the offenses for which he is
charged.
 He should apply for bail before the courts trying
the criminal cases against him, not before the
extradition court.
 After a potential extradite has been arrested and
placed under custody of the law, bail may be
applied for and granted as an exception, only after
clear and convincing showing that
a. Once granted bail, the applicant will not be a
flight risk or a danger to the community, and
b. There exists special, humanitarian and
compelling circumstances.
- Waiver of the Right to Bail – personal to the
accused.
- The right to bail is not impaired by the
suspension if the privilege of the writ of habeas
corpus.
Constitutional Rights of the Accused
- No person shall be held to answer for a criminal
offense without due process of law.
- In all criminal prosecutions,
 the accused shall be presumed innocent until the
contrary is proved,
 and shall enjoy the right to be heard by himself
and counsel,
 to be informed of the nature and cause of
accusation against him,
 to have a speedy, impartial and public trial,
 to meet the witnesses face to face, and
 to have compulsory process to secure the
attendance of the witnesses and the production of
evidence in his behalf.
- After arraignment, trial may proceed
notwithstanding the absence of the accused,
provided that he has been duly notified and the
failure to appear is unjustifiable.
- Criminal due process:
1) accused has been heard in a court of competent
jurisdiction
2) accused is proceeded against under the orderly
processes of law
3) accused has been given notice and the
opportunity to be heard
4) judgment rendered was within the authority of a
constitutional law
27
- Unreasonable delay in resolving complaint is
violation of the right to due process and to speedy
trial  dismissal of complaint.
 Exception: petitioner’s own acts or complexity
of the issues involved.
- Hearing before an impartial and disinterested
tribunal. Bias must be shown by clear and
convincing evidence.
- Right to a hearing
- Plea of guilt to a capital offense. Mandatory
that:
1) TC must conduct a searching inquiry into the
voluntariness of the plea and the full comprehension
of the consequences;
2) Prosecution should present evidence to prove
the guilt of the accused and the precise degree of his
culpability; and
3) Accused must be asked if he desires to present
evidence in his behalf and should be allowed to do
so if he desires.
- The State and the offended party are entitled to
due process
- Presumption of Innocence: every circumstance
favoring the innocence of the accused must be taken
into account.
 Will NOT apply if there is some logical
connection between the fact proved and the ultimate
fact presumed, and the inference of one fact from
proof of another shall not be so unreasonable as to
be purely arbitrarily mandate.
 Can be invoked only by an individual accused
of a criminal offense.
 Corporate entity has no personality to invoke
the same.
- Presumption that official duty was regularly
performed cannot, by itself, prevail over the
constitutional presumption of innocence.
 Exception: when it is not the sole basis for
conviction.
- Constitutional presumption may be overcome
by contrary presumptions based on experience of
human conduct. (e.g. unexplained wealth)
- Circumstantial evidence in order to warrant
conviction:
1) More than one circumstance
2) Facts from which the inference are derived are
proven
 Nachura Notes – Constitutional Law
3) Combination of all the circumstances is such as
to produce a conviction beyond reasonable doubt.
- Equipose Rule: applicable only when the
evidence adduced by the parties are evenly
balanced, in which case the constitutional
presumption of innocence should tilt the scales in
favor of the accused.
- Right to be heard by himself and counsel:
efficient and truly decisive legal assistance.
 Proceeds from fundamental principle of due
process.
 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.
 Failure of the record to disclose affirmatively
that the TC advised the accused of his right to
counsel is not sufficient ground to reverse
conviction. The TC must be presumed to have
complied with the procedure prescribed by law for
the hearing and trial of the cases, and such
presumption can be overcome only by an
affirmative showing to the contrary.
- Right to counsel is not indispensable to due
process of law.
 Exceptions: cannot be waived during trial.
 But this is not absolute. Option cannot be used
to sanction reprehensible dilatory tactics, to trifle
with ROC, or prejudice the equally important rights
of the State and the offended party to speedy and
adequate justice.
- “Preference in the choice of counsel” pertains
more aptly and specifically to a person under
custodial investigation rather than one who is
accused in a criminal prosecution. Such preferential
discretion cannot partake of discretion so absolute
and arbitrary as would make the choice of counsel
refer exclusively to the prediction of the accused.
- General Rule: a client is bound by the mistakes
of his lawyer
 Exceptions: when the negligence or
incompetence of counsel is deemed gross as to have
prejudiced the constitutional right of the accused to
be heard.
28
- Right to be informed of the nature and cause of
accusation against him.
 Reasons:
1. furnish the accused with such a description of
the charge against him as will enable him to prepare
for his defense;
2. avail himself of his conviction or acquittal for
protection against a further prosecution for the same
cause; and
3. to inform the Court of the facts alleged, so that
it may decide whether they are sufficient in law to
support a conviction.
- When a judge is informed or discovers that an
accused is apparently in a condition of insanity or
imbecility, it is within his discretion to investigate
the matter.
- Requisites: The information must state:
1. name of the accused
2. designation of the offense given by statute
3. statement of acts or omissions so complained of
as constituting the offense
4. name of the offended party
5. approximate time and date of the commission of
the offense
6. place where the offense has been committed
7. facts and circumstances that have a bearing on
the culpability and liability of the accused
- 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.
- Not necessary to state the precise time when the
offense was committed except when time is a
material ingredient of the offense.
- Description not the designation of the offense
controls.
- Accused can be convicted only of the crime
alleged or necessarily included in the allegations in
the information.
- While a TC can hold a joint trial of 2 or more
criminal case and can render a consolidated
decision, it cannot convict the accused of the
complex crime constitutive of the various crimes of
the 2 informations.
- Void for Vagueness Rule: the law is deemed
void where the statute itself is couched in such
indefinite language that it is not possible for men of
ordinary intelligence to determine what acts or
omissions are punishable.
 Nachura Notes – Constitutional Law
- The right to be informed of the nature and cause
of the accusation against may not be waived but the
defense may waive the right to enter a plea and let
the court enter a plea of not guilty.
- Indictment must fully state the elements of the
specific offenses alleged to have been committed.
An accused cannot be convicted of an offense, even
if duly proven, unless it is alleged or necessarily
included in the complaint or information.
 Different matter if the accused themselves
refused to be informed of the nature and cause of
the accusation against them.
- Accused may be convicted of as many offenses
charged in the information and proved during the
trial, where he fails to object to such duplicitous
information during the arraignment.
- Information which lacks certain material
allegations may sustain a conviction if the accused
fails to object to its sufficiency during trial and
deficiency is cured by competent evidence
presented therein.
- Right to Speedy, Impartial and Public Trial
 Speedy Trial
 Free from vexatious, capricious and oppressive
delays.
 Accused entitled to dismissal, equivalent to
acquittal, if trial is unreasonably delayed.
 Relative – subject to reasonable delays and
postponements arising from illness, medical
attention, body operations, etc.
 Aggrieved party also has the same rights as the
accused.
 Separate trial is in consonant with the right of
the accused to a speedy trial.
 RA 8493 (Speedy Trial Act):
o Arraignment of the accused – w/in 30 days from
the filing of the information or from the date the
accused has appeared before the justice, judge or
court in which the charge is pending, whichever
date last occurs.
o If plea of not guilty – has 15 days to prepare for
trial.
o Trial shall commence w/in 30 days from
arraignment as fixed by the court.
o 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 SC.
 Impartial Trial
29
 “cold neutrality of an impartial judge” – for the
benefit of the litigants and is also designed to
preserve the integrity of the judiciary and to gain
and maintain the people’s faith in the institution s
they have erected when they adopted the
Constitution.
 Pervasive publicity is not per se prejudicial to
the right of the accused to a fair trial.
 Trial judges must be accorded a reasonable
leeway in asking questions as may be essential to
elicit relevant facts and to bring out the truth. This
is not only a right but also duty of the judge.
 Public Trial
 Intended to prevent abuses that may be
committed against accused.
 Not absolute.
 Not synonymous to publicized trial.
 Means that the court doors must be open to
those who wish to come, sit in the available seats,
conduct themselves with decorum and observe trial
processes.
- Right to Meet the Witnesses Face to Face –
right to cross-examine the complainant and the
witnesses.
 Testimony of the witness who has not submitted
himself to cross-examination is not admissible in
evidence being hearsay.
 This right can be waived.
- Right to Compulsory Process to secure the
attendance of witnesses and the production of
evidence.
 Subpoeana – 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.
 2 kinds:
1. subpoena ad testificandum: compel a person to
testify
2. subpoena duces tecum: compel the production
of books, records, things or documents
o test of relevancy: books, documents or other
things requested must appear prima facie relevant to
the issue subject of the controversy
o test of definiteness: such books must be
reasonably described by the parties to be readily
identified
- Requisites:
 Nachura Notes – Constitutional Law
1. evidence is really material
2. accused is not guilty of neglect in previously
obtaining the production of such evidence
3. the evidence will be available at the time desired
4. no similar evidence can be obtained.
- Trial in absentia
 Purpose is to speed up the disposition of
criminal cases.
 Mandatory upon the court whenever the accused
has been arraigned, notified of the date/s of
hearing/s and his absence is unjustified.
 After the accused has waived further appearance
during trial, he can still be ordered arrested by the
court for non-appearance upon summons to appear
for purposes of identification.
 Presence of the accused is mandatory:
1. arraignment and plea
2. during trial, for purposes of identification
3. promulgation of sentence, except for light
offense wherein accused may appear by
counsel/representative
 Accused who escapes from confinement, jumps
bail or flees to a foreign country, loses his standing
in court and unless he surrenders or submits himself
to the jurisdiction of the court, he is deemed to
waive his right to seek relief from the court.
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.
- Definition: a writ issued by a 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/detention, to do, to submit to and to receive
whatever the court/judge awarding the writ shall
consider in his behalf.
- When available: restores the liberty of an
individual subjected to physical restraint. It secures
to the prisoner the right to have the cause of his
detention examined and determined by the courts;
and to have the issue ascertained as to whether he is
held under lawful authority.
- May also be availed of where, as a consequence
of a judicial proceeding:
1. there has been deprivation of constitutional
rights
30
2. the court has no jurisdiction to impose the
sentence
3. excessive penalty has been imposed, since such
sentence is void as to the excess.
- The writ will not issue where the person alleged
to be restrained on liberty is in the custody of an
officer under a process issued by the court which
has jurisdiction to do so.
- Even if the detention is at its inception illegal,
supervening events such as the issuance of a judicial
process, may prevent the discharge of the detained
person.
- That the preliminary investigation was invalid
and that the offense had already prescribed is not a
ground to grant the issuance of habeas corpus.
 Remedy: motion to quash the WOA or file a
motion to quash the information based on
prescription.
- Desaparecidos (disappeared persons), persons in
whose behalf the writ was issued could not be found
 Remedy: refer the matter to the Commission on
Human Rights
 In case of doubt, the burden of proof rests on the
officers who detained them and who claim to have
effected the release of the detainees.
- All courts of competent jurisdiction may
entertain petitions for HC to consider the release of
petitioners convicted of violation of the Dangerous
Drugs Act, provided they have served the maximum
term of the applicable penalties newly prescribed by
RA 7659.
- HC lies only where the restraint of the person’s
liberty has been judicially adjudged to be illegal or
unlawful.
- Loss of judicial records, after 12 years of
detention in the service of the sentence imposed
upon conviction, will not entitle him to be released
on HC.  Remedy: reconstitution of judicial
records.
- Have to comply with the writ. Disobedience
constitutes contempt of court.
- In case of invasion or rebellion, when the public
safety requires it, the President may for a period not
exceeding 60 days, suspend the privilege of the writ
of HC.
- W/in 48 hours from the suspension, the
President shall submit a report, in person or in
writing, to Congress.
 Nachura Notes – Constitutional Law
- Congress, voting jointly by a majority vote of at
least a majority of all its members in regular or
special session may revoke such proclamation or
suspension, such revocation shall not be set aside by
the President.
- Upon initiative of the President, the Congress
may, in the same manner, extend such proclamation
or suspension for a period to be determined by
Congress, if the invasion or rebellion shall persists
and public safety requires it.
- SC may review, in appropriate proceeding filed
by any citizen, the sufficiency of the factual basis
for the proclamation of martial law and the
suspension of the privilege of the HC or the
extension thereof.
- SC must promulgate its decision w/in 30 days
from filing.
- The suspension of the privilege of the writ shall
apply only to persons 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 3 days, otherwise he shall
be released.
- Suspension of the privilege does not suspend the
right to bail.
Speedy Disposition of Cases
- All persons shall have the right to a speedy
disposition of cases before all judicial, quasi-
judicial or administrative bodies.
- Not limited to the accused in a criminal
proceedings, but extends to all cases, including civil
and administrative cases and in all proceedings
including judicial and quasi-judicial hearings.
- Like 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 right to speedy trial, this right is
available not only during trial but also when the
case has already been submitted for decision.
31
- Right extends to all citizens, including those in
the military, and covers the period before, during
and after trial.
- Right can be waived  failure to seasonably
assert this right.
Self-incrimination
- No person shall be compelled to be a witness
against himself.
- Right is available not only in criminal
prosecutions but also in all other government
proceedings, including civil actions and
administrative or legislative investigations.
- It may be claimed not only by the accused but
also by any witness to whom a question calling for
an incriminating answer is addressed.
- General Rule: it may be invoked only when and
as the question calling for an incriminating answer
is asked. This applies only to ordinary witness.
 In criminal prosecution accused may not be
compelled to take the witness stand.
 Similarly applicable to a respondent in an
administrative proceeding.
- Scope: not against all compulsion, but
testimonial compulsion only. (not the inclusion of
his body in evidence when it may be material)
 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 a right to inspect the same such
as the books of accounts of corporations, under the
police or taxing power or where a government
official is required to produce official
documents/public records which are in their
possession.
 Also protects the accused against any attempt to
compel him to furnish a specimen of his
handwriting in connection with a prosecution for
falsification.
- Immunity:
1) Transactional Immunity: witness immune from
any criminal prosecution for an offense to which his
compelled testimony relates.
2) Use and Fruit Immunity: prohibits the use of the
witness’ compelled testimony and its fruits in any
manner in connection with the criminal prosecution
of the witness.
 Nachura Notes – Constitutional Law
- Those granted this privilege paid a high price –
the surrender of their right to remain silent. Should
be given a liberal interpretation.
- Waiver: either directly or by failure to invoke it,
provided that the waiver is certain and unequivocal
and intelligently made.
Non-detention by Reason of Political Beliefs or
Aspirations
- No person shall be detained solely by reason of
his political beliefs or aspirations.
Involuntary Servitude
- No involuntary servitude in any form exist
except as a punishment for a crime whereof the
party shall have been duly convicted.
- Exceptions:
1) Punishment for a crime whereof one has been
duly convicted;
2) Patria potestas
3) Posse comitatus
4) Return to work order in industries affected by
public interest
5) Service in defense of the state
6) Naval (merchant marine) enlistment
Prohibited Punishment
- Excessive fines shall not be imposed.
- Nor cruel, degrading or inhuman punishment
inflicted.
- Neither shall death penalty be imposed, unless
for compelling reasons involving heinous crimes,
the Congress hereafter provides for it.
- Any death penalty already imposed shall be
reduced to RP.
- The employment of physical, psychological or
degrading punishment against any prisoner or
detainee, or the use of substandard or inadequate
penal facilities under subhuman conditions shall be
dealt with by law.
- Mere severity does not constitute cruel or
unusual punishment.
- The penalty must be flagrantly and plainly
oppressive, wholly disproportionate to the nature of
the offense as to shock the moral sense of the
community.
- Death penalty is not a cruel or unusual
punishment. It is an exercise of the State’s power to
secure society against the threatened and actual evil.
32
Automatic review in death penalty cases shall
proceed even in the absence of the accused,
considering that nothing less than life is at stake and
any court decision must be error-free as possible.
Non-imprisonment for Debt
- No person shall be imprisoned for debt or non-
payment of a poll tax.
- While the debtor cannot be imprisoned for
failure to pay his debt, he can be validly punished in
a 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.
Double Jeopardy
- No person shall be twice put in jeopardy of
punishment for the same offense.
- If an act is punished by law and an ordinance,
conviction or acquittal under either shall constitute
a bar to another prosecution for the same act.
- Requisites:
1. valid complaint or information
 does not attach in preliminary investigation.
2. filed before a competent court
 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 the court does not
have jurisdiction over the case,
3. to which defendant had pleaded
 no arraignment = no double jeopardy
 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.
4. defendant was previously acquitted or
convicted, or the case dismissed or otherwise
terminated without his express consent
 promulgation of only one part of the decision is
not a bar to the promulgation of the other part, the
imposition of the criminal accountability and does
not constitute a violation of the proscription against
double jeopardy.
- Dismissal of action
1. permanent dismissal
1) termination of the case on the merits resulting in
either conviction or acquittal
 Nachura Notes – Constitutional Law
2) dismissal of the case because of the
prosecution’s failure to prosecute
3) dismissal on the ground of unreasonable delay
in violation of the right to speedy trial
2. provisional dismissal – dismissal without
prejudice to reinstatement before order of dismissal
becomes final or to subsequent filing of a new
information within the periods allowed by law.
- Express consent – directly given, either viva
voce or in writing, a positive, direct, unequivocal
consent requiring no inference or implication to
supply its meaning.
- When dismissal is made at the instance of the
accused, there is no double jeopardy.
- When the ground for motion to dismiss is
insufficiency of evidence (grant of demurrer) 
equivalent to an acquittal and any further
prosecution would violate the constitutional
proscription against double jeopardy.
- When the proceedings have been unreasonably
prolonged as to violate the right of the accused to
speedy trial  double jeopardy
- Revival of the case provisionally dismissed –
time-bar for the revival of criminal cases
provisionally dismissed with the express consent of
the accused and with prior notice to the offended
party:
1) 2 years if the offense charged is penalized by
more than 6 years imprisonment
2) 1 years if the penalty imposed does not exceed 6
years imprisonment or a fine in whatever amount
- Prohibits the state from appealing or filing a
petition for review if judgment of acquittal that was
based on the merits of the case. Certiorari will lie to
correct errors of judgment.
- Double jeopardy provides three related
protections:
1) Against 2nd prosecution for the same offense
after acquittal;
2) Against a 2nd prosecution for the same offense
after conviction; and
3) Against multiple punishments for the same
offense.
- Instances when prosecution may appeal
1) Prosecution is denied due process, such denial
results in loss or lack of jurisdiction and this appeal
may be allowed
2) Accused has waived or is estopped from
invoking his right against double jeopardy
33
- No double jeopardy
1) Mistrial
2) State is deprived of fair opportunity to prosecute
and prove its case
3) Dismissal of information/complaint is purely
capricious
4) Lack of proper notice to be heard
5) Accused waives or is estopped from invoking
his right against double jeopardy.
6) Dismissal/acquittal is made with grave abuse of
discretion
- Discharge of co-accused to be utilized as
government witness –
- Accused cannot be prosecuted anew for an
identical offense, or for any attempt to commit the
same or frustration thereof, or for any offense
which necessarily includes or is necessarily
included in the offense charged in the original
complaint or information.
- Doctrine of Supervening Event – the accused
may still be prosecuted for another offense if a
subsequent development changes the character of
the first indictment under which he may have
already been charged or convicted.
 The conviction of the accused shall not be a bar
to another prosecution for an offense which
necessarily includes the offense charged in the
original complaint or information when:
a. Graver offense developed due to supervening
facts arising from the same act or omission;
b. Facts constituting the graver offense or were
discovered only after the filing of the former
complaint or information; or
c. The plea of guilty to a lesser offense was made
without the consent of the fiscal or the offended
party.
Ex post facto law and Bill of attainder
- No ex post facto law or bill of attainder shall be
enacted.
- Ex post facto law
 Kinds
a. Law that makes criminal an action done before
the passage of the law and which was innocent
when done, and punishes such action;
b. Law that aggravates a crime, or makes it
greater than it was when committed;
 Nachura Notes – Constitutional Law
c. Law that changes the punishment, and inflicts
a greater punishment than the law annexed to the
crime when committed;
d. Law that alters legal rules of evidence and
receives less or different testimony than the law
required at the time of the commission of the
offense, in order to convict the offender;
e. 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;
f. Law which deprives a person accused of a crime
of some lawful protection to which they have been
entitled
 Characteristics
a. Retroactive
b. Works to the prejudice of the accused
c. Refers to criminal matters
- Bill of attainder
 Definition: legislative act that inflicts
punishment without trial.
 Substitutes legislative fiat for a judicial
determination of guilt.
 It is only when the statute applies either to
named individuals or to easily ascertainable
members of a group in such a way as to inflict
punishment on them without judicial trial that it
becomes a bill of attainder.
 Anti-Subversion Act is not a bill of attainder. 
simply declares that the Communist Party is an
organized conspiracy to overthrow the Government
and for definitional purposes only.
VII. CITIZENSHIP
- Definition: membership in a political
community which is personal and more or less
permanent in character.
- Nationality is membership in any class or form
of political community. It does not necessarily
include the right/privilege of exercising civil or
political rights.
- Modes of acquiring:
1) Marriage
2) Birth
- Jus soli
- Jus sanguinis
3) Naturalization
- Natural-born citizens – citizens of the
Philippines from birth without having to perform
34
any act to acquire or perfect their Philippine
citizenship.
- Marriage by Filipino to an alien – citizens of the
Philippines who marry aliens shall retain their
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.
- Dual citizenship as a disqualification under the
LGC must refer to dual allegiance.
- For candidates with dual citizenship, it is
sufficient that they elect Philippine citizenship upon
the filing of their certificate of candidacy to
terminate their status as persons with dual
citizenship.
 Filing of certificate of candidacy is sufficient to
renounce foreign citizenship.
- Attack on one’s citizenship may be made only
through a direct and not collateral attack.
- Doctrine of res judicata does not ordinarily
apply to questions of citizenship.
 Exception:
1) Person’s citizenship is resolved by a court or an
administrative body as a material issue in the
controversy, after full-blown hearing
2) Active participation of the SolGen or his
representative
3) Finding of citizenship is affirmed by the SC
- Citizens of the Philippines
1) Citizens of the Philippines at the time of the
adoption of the 1987 Constitution
2) Whose fathers or mothers are citizens of the
Philippines
3) Born before January 17, 1973, of Filipino
mothers, who elect Philippines citizenship upon
reaching the age of majority
 Election stated in a statement to be signed and
sworn to by the party concerned before any official
authorized to administer oath.
 Filed with the nearest Civil Registry
 Accompanied with the Oath of Allegiance to the
Constitution and the Government
 Within 3 years from reaching the age of
majority except when there is justifiable reason for
delay.
 Doctrine of Implied Election – exercise of right
of suffrage and participation in the election
exercises
 Nachura Notes – Constitutional Law
 Right is available to the child as long as the
mother was a Filipino citizen at the time of the
marriage to the alien, even if by reason of such
marriage, she lost her Philippine citizenship and
even if the mother was not a citizen at time of birth.
 Right to elect Philippine citizenship is an
inchoate right
 During his minority, child is an alien.
 Apply only to legitimate children.
 If the child is illegitimate, he follows the status
and citizenship of his known parent, the mother.
4) Naturalization
- Modes of Naturalization
 Direct
1) Judicial or administrative proceedings
2) Special act of legislature
3) Collective change of nationality, resulting from
cession or subjugation
4) Adoption of orphan minors as nationals of the
State where they were born
 Derivative
1) Alien woman upon marriage to a national
2) Minor children of naturalized person
3) Wife of naturalized husband
- Doctrine of Indelible Allegiance: individual
may be compelled to retain his original nationality
even if he has already renounced or forfeited it
under the laws of the second State whose nationality
he has acquired.
- Qualifications:
1) Not less than 21 at the date of the hearing;
2) Resided in the Philippines for a continuous
period of 10 years
 Reduced to 5 years IF
1) Born in the Philippines
2) Honorably held office in Government
3) Introduced a useful invention or established a
new industry
4) Engaged as a teacher in the Philippines, public
or private school (except those established for the
exclusive instruction of persons of a particular
nationality) or in any branches of education or
industry for a period of not less than 2 years
3) Good moral character; believes in the
underlying principles of the Constitution; conducted
himself in a proper and irreproachable manner
during his residency
35
4) Own real estate in the Philippines not less than
P5,000, have some lucrative trade, profession or
lawful occupation
5) Speak and write English/Spanish/any principal
Philippine languages
6) Enrolled his minor children of school age to
public/private schools recognized by the
Government, where Philippine history, government
and civic are taught
- Disqualifications:
1) Opposed to organized government or affiliated
with any association of groups/persons who uphold
and teach doctrines opposing all organized
governments
2) Defending or teaching the propriety of violence,
personal assault, assassination for the success or
predominance of ideals
3) Polygamists or believers
4) Convicted of a crime involving moral turpitude
5) Suffering from mental alienation or incurable
contagious disease
6) Who, during the period of their residence, have
not mingled socially with Filipinos or who have not
evinced a sincere desire to learn and embrace the
customs, traditions and ideals of the Filipinos
7) Citizens and subjects of nations with whom the
Philippines is at war, during the period of such war
8) Citizens and subjects of foreign country whose
law does not grant Filipinos the right to become
naturalized citizens
- Procedure
1) File declaration of intention with SolGen – one
year prior to the filing of the petition
 Exception:
1) Born in the Philippines and received primary
and secondary education in public or private
schools recognized by the Government and not
limited to particular race
2) Resided in the Philippines for 30 years or more
before the petition and enrolled his children to
elementary and high schools recognized by the
Government and not limited to particular race
3) Widow and minor children if an alien who has
declared his intention to become a citizen of the
Philippines and dies before he is actually
naturalized.
2) File petition + affidavit of 2 credible persons,
citizens of the Philippines who personally know the
petitioner, as character witness
 Nachura Notes – Constitutional Law
3) Publication of petition
 Jurisdictional
 Published in OG or in a newspaper of general
circulation once a week for three consecutive weeks
4) Actual residence during the entire proceedings
5) Hearing
6) Promulgation of the decision
7) Hearing after 2 years (Probation period of 2
years)
 Not left the Philippines
 Dedicated himself continuously to a lawful
calling/profession
 Not been convicted of any offense or violation
of rules
 Not committed any act prejudicial to the interest
of the nation or contrary to any Government-
announced policies
8) Oath taking and issuance of certification
- Effects
1) Vests citizenship on wife if she herself may be
naturalized
2) Minor children born in the Philippines before
naturalization shall also be considered citizens
3) Minor children born outside the Philippines but
residing in the Philippines at the time of
naturalization shall also be considered citizens
4) Minor children born outside the Philippines
shall be citizens only during minority, unless he
begins to reside permanently in the Philippines
5) Child born outside the Philippines, after the
naturalization of the parents shall be considered
citizens, Provided he registers as such before any
Philippine consulate within one year after attaining
majority age and takes his oath of allegiance
- Grounds for Denaturalization
1) Naturalization certificate obtained fraudulently
or illegally
2) Invalid declaration of intention
3) Minor children failed to graduate through the
fault of parents
4) Allowed himself to be used as dummy
5) If within 5 years he returns to his native country
or some foreign country and establishes residence
there
36
- 1-year stay in native country or 2-year stay in a
foreign country is prima facie evidence of intent to
take up residence
- Effects of Denaturalization: if the ground affects
the intrinsic validity of the proceedings, the
denaturalization will divest wife and children; if
ground is personal to the denaturalized Filipino, his
wife and children shall retain Philippine citizenship.
- Naturalization by direct legislative action –
discretionary on Congress; usually for aliens who
made outstanding contributions to the country
- Administrative Naturalization – grant
Philippine citizenship by administrative proceedings
to aliens born and residing in the Philippines
 Special Committee on Naturalization - SolGen
(Chairman), Sec of FA and National Security
Adviser  power to approve, reject or deny
applications
 Qualifications
1) Born in the Philippines and residing therein
since birth
2) Not less than 18 at the time of filing
3) Good moral character; believes in the
underlying principles of the Constitution; conducted
himself in a proper and irreproachable manner
during his residency
4) Received primary and secondary education in
any public/private school recognized by DECS,
where Philippine history, government and civics is
taught and not limited to any race/nationality;
Provided that where he has minor children, must be
enrolled in similar schools
5) Known trade, business, profession or lawful
occupation from which he derives income sufficient
to support himself and family
 N/A to college degree holders who are
disqualified from practicing their profession due to
citizenship requirements
6) Able to read, write and speak Filipino or any of
the dialects
7) Mingled with Filipinos and evinced a sincere
desire to learn and embrace the customs and
traditions and ideals of the Filipino people
- Procedure
1) File with Special Committee a petition
2) Publication of pertinent portions of the petition
once a week for 3 consecutive weeks in newspaper
of general circulation
3) Posting of copies in public or conspicuous areas
 Nachura Notes – Constitutional Law
4) Furnish copies to following agencies who shall
post copies of the petition in any public or
conspicuous areas in their building officers and
premises and within 30 days submit to Committee a
report stating whether or not petitioner has any
derogatory record on file
 DFA
 Bureau of Immigration and Deportation
 Civil registrar of petitioner’s place of residence
 NBI
5) Within 60 days from receipt of agencies’ report,
Committee shall consider and review all
information.
6) If Committee receives any adverse information,
Committee shall allow petitioner to answer, explain
or refute the petition
7) Deny or Approve petition
8) Within 30 days from approval, petitioner pays
P100,000, take oath of allegiance and certificate of
naturalization shall issue.
9) Within 5 days from taking oath, BoI shall
forward copy of oath to the proper local civil
registrar and cancel petitioner’s alien certificate of
registration.
- Status of Alien Wife and Minor Children
 May filed a petition for cancellation of their
alien certificate of registration.
 If applicant is a married woman, husband may
not benefit. But minor children may avail of the
right to seek the cancellation of alien certificate of
registration.
- Cancellation of the Certificate of Naturalization
1) Naturalized person or representative made any
false statement or misrepresentation or obtained
citizenship fraudulently or illegally or committed
any violation of the law, rules or regulations
2) w/in 5 years shall establish permanent residence
in a foreign country
o 1-year stay in native country or 2-year stay in a
foreign country is prima facie evidence of intent to
take up residence
3) Allowed himself, wife or children with acquired
citizenship to be used as dummy
4) He, his wife or children commits any act
inimical to national interest
Loss and Reacquisition of Philippine Citizenship
- Loss of Citizenship
37
1) Naturalization in a foreign country
- RA 9225
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 21 years of age
- Principle of Indelible Allegiance – Filipino may
not divest himself of Philippine citizenship in this
manner while Philippines is at war with any country
4) By rendering service or accepting commission
in the armed forced of a foreign country
- Exceptions:
1) Philippines has a defensive and/or offensive
pact of alliance with the said foreign country
2) Foreign country maintains armed forces in the
Philippine territory with consent of the Republic
5) By cancellation of the certificate of
naturalization
6) By having been declared by competent authority
a deserter of the Philippine armed forces in time of
war
- Reacquisition of Citizenship
1) Taking the oath of allegiance required of former
natural-born Philippine citizens who may have lost
their citizenship by reason of their acquisition of the
citizenship of a foreign country
2) Naturalization provided that he possesses none
of the disqualifications
3) Repatriation or deserters of the Army, Navy or
Air Corps; a woman who has lost her citizenship by
reason of marriage may be repatriated after
termination of marital status
- Repatriation takes effect as of the date of filing
of his application.
- Effect of repatriation is to allow the person to
recover or return to his original status before he lost
his Philippine citizenship.
4) Direct act of Congress
VIII. THE LEGISLATIVE DEPARTMENT
- Legislative power – the power to propose, enact,
amend and repeal laws
- Vested in Congress except to the extent reserved
to the people by the provision in initiative and
referendum
 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 thereof signed by
 Nachura Notes – Constitutional Law
at least 10 per centum of the total number of
registered voters, of which every legislative district
must be represented by at least 3 per centum of the
registered voters.
 Initiative – power of the people to propose
amendments to the Constitution or to propose and
enact legislation through an election called for that
purpose.
1) Initiative on the Constitution
2) Initiative on Statutes
3) Initiative on local legislation
 Indirect Initiative – exercise of initiative by the
people through a proposition sent to Congress or
local legislative body for action
 Referendum – power of the electorate to
approve or reject legislation through an election
called for that purpose.
1) Referendum on Statutes
2) Referendum on local legislation
- Prohibited measures
1) Petition embracing more than one subject
2) Involving emergency measures, the enactment
of which is specifically vested in Congress by the
Constitution, cannot be subject to referendum, until
90 days after effectivity
- Local Initiative,
 Not less than 2,000 registered voters in case of
autonomous regions
 1,000 in provinces and
cities
 100 in municipalities
 50 in baranagays
 File a petition with Regional Assembly or local
legislative body
- Limitation on Local Initiative
1) Exercised not more than once a year
2) Extend only to subjects or matters which are
within the legal powers of the local legislative body
to enact
3) If at any time before the initiative is held, the
local legislative body shall adopt in toto the
proposition presented, the initiative shall be
cancelled
- Composition of Congress: Senate and House of
Representative
- Senate: 24 senators, elected at large by qualified
voters
38
 Qualifications
1) Natural-born
2) On the day of the election, at least 35 years of
age
3) Able to read and write
4) Registered voter
5) Resident of the Philippines for not less than 2
years immediately preceding the day of the election
 Term: 6 years, commencing at noon on 30 th day
of June next following their election
 Limitation: no senator shall serve for more than
2 consecutive terms. Voluntary renunciation of
office for any length of time shall not be considered
as an interruption in the continuity of his service for
the full term for which elected.
- House of Representatives: not more than 250,
unless otherwise provided by law
 Composition
1) District representative
2) Party-list representative
3) Sectoral representative
 Apportionment of legislative district is a
justiciable question
o (Provinces and cities and Metro Manila area)
Apportionment shall be made in accordance with
the number of respective inhabitants on the basis of
a uniform and progressive ratio.
o Each city with not less than 250,00 inhabitants
 entitled to at least 1 rep
o Each province, irrespective of number of
inhabitants  entitled to at least 1 rep
 Each legislative district shall comprise, as far as
practicable, compact, contiguous and adjacent
territory.
 Congress to make reapportionment of legislative
districts within 3 years following return of every
census.
 Constitution does not preclude Congress from
increasing its membership by passing a law other
than a general apportionment law.
 Reapportionment of legislative districts may be
made through a special law.
 Qualifications:
1) Natural-born Filipino citizen
2) At the day of the election, at least 25 years old
3) Able to read and write
4) Except the party-list representative, a registered
voter in the district in which he shall be elected
 Nachura Notes – Constitutional Law
5) Resident thereof for not less than 1 year
immediately preceding the day of the election
 Principles
1) Minor follows domicile of parents
2) Domicile of origin is lost only when there is
a. actual removal or change of domicile
b. bona fide intention of abandoning the former
residence and establishing a new one
c. acts which corresponds with the purpose
3) Wife does not automatically gain husband’s
domicile
 THEORY OF LEGAL IMPOSIBILITY J.
Francisco (Aquino v. Comelec)
 Immigration to the US by virtue of a “green
card” constitutes abandonment of domicile in the
Philippines. (Caasi vs. COMELEC)
 Term: 3 years, commencing at noon on the 30th
day of June next following their election,
 Limitation: shall not serve for more than 3
consecutive terms.
- Party-List System: mechanism for proportional
representation
 Party: political party, sectoral party or coalition
of parties
 Political Party: organized group of citizens
advocating an ideology or platform, principles and
policies for the general conduct of government and
which, as the most immediate means of securing
their adoption, regularly nominates and supports
certain of its leaders and members as candoidates
for public office.
 National Party: constituency is spread over the
geographical territory of at least a majority of the
regions.
 Regional Party: constituency is spread over the
geographical territory of at least a majority of the
cities and provinces comprising the region.
 Sectoral Party: (LUFEP-WHIP-VY) organized
group of citizens belonging to any of the following:
labor, urban poor, fisherfolk, elderly, peasants,
women, handicapped, indigenous cultural
communities, overseas workers and professionals,
veterans and youth.
 Sectoral Organization: group of citizens or a
coalition of groups of citizens who share similar
physical attributes, characteristics, employment,
interest or concern.
39
 Coalition: aggrupation of duly registered
national, regional, sectoral parties or organization
for political and/or election purposes.
- Registration/Manifestation to Participate in the
Party-List System
 90 days prior to election, petition verified by its
President or Secretary
 If already registered, file instead a manifestation
of its desire to participate in the party-list system
- Refusal and/or Cancellation of Registration
(motu proprio or upon verified complaint filed by
any interested party; after due notice and hearing)
1) Religious sect/denomination
2) Advocate violence to attain goal
3) Foreign party/organization
4) Receives support from foreign party/org
5) Declares untruthful statement in its petition
6) Violates or fails to comply with election laws,
rules and regulations
7) Failed to participate in the last 2 preceding
elections or fails to obtain at least 2% of the votes
cast under the party-list system in the 2 preceding
elections for the constituency in which it has
registered
8) Ceased to exist for at least 1 year
- Nomination of a party-list representative: each
registered party, organization or coalition must
submit a list of names to the COMELEC not later
than 45 days before the election.
 Not less than 5
 Only persons who have given their consent may
be included in the list
 Not include any candidate for elective position,
or who lost the immediately preceding election
 No change allowed except:
1) Dies
2) Withdraws in writing
3) Becomes incapacitated
 Incumbent who are nominate are NOT
considered resigned.
- Qualifications of a Party-list nominee
1) Natural-born citizen
2) Able to read and write
3) Registered voter
4) Resident of the Philippines at least 1 year
immediately preceding the day of the election
 Nachura Notes – Constitutional Law
5) Bona fide member of the party/organization
which he seeks to represent at least 90 days
preceding the day of the election
6) At least 25 years old at the day of the election
7) Youth sector – at least 25 but not more than 30.
If during his term reaches the age of 30, he shall be
allowed to continue until expiration of term.
- Manner of Voting – every voter entitled to two
votes, 1 for member of the House and 1 for the
party, organization or coalition.
- Number – 20% of the total number of the
members of the House including those under the
party-list.
 In determining the allocation of seats for the
second vote:
1) Parties, organizations and coalitions shall be
ranked from the highest to the lowest cased on the
number of votes they garnered during the election
2) Parties, organizations and coalitions receiving at
least 2% of the total votes cast for the party-list
system shall be entitled to 1-seat each, those
garnering more than 2% of the votes shall be
entitled to additional seats in proportion to their
total number of votes
3) Each party, organization or coalition shall be
entitled to not more than 3 seats
 4 inviolable parameters:
1) 20% allocation: combined number of all party-
list congressmen shall not exceed 20% of the total
membership of the House
2) 2% threshold: only those parties garnering a
minimum of 2% of the total valid votes cast for the
party-list system are qualified to have a seat
3) 3-seat limit: each qualified party, regardless of
the number of votes it actually obtained, is entitled
to a maximum of 3 seats
4) Proportional representation: additional seats
which a qualified party is entitled to shall be
computed “in proportion to their number of votes.”
 In order that a political party registered under
the party-list system may be entitled to a seat in the
House:
1) Represent the marginalized and under-
represented sector
2) Major political parties must comply with this
statutory policy
3) Constitutional prohibition against religious sect
4) Not disqualified under RA7941
5) Not adjunct or project funded by government
40
6) Party and its nominees must comply with the
requirements of the law
7) Nominee must also represent the marginalized
and under-represented sector
8) Nominee must be able to contribute to the
formulation and enactment of appropriate
legislation
- Choosing Party-List Representative: proclaimed
by COMELEC based on a list of names submitted
by respective parties, according to their ranking in
the list.
- Effect of Change of Affiliation
 Changes affiliation during term  forfeiture of
seat
 IF w/in 6 months before election, he shall not be
eligible for nomination under new party
- Vacancy – automatically filled by the next rep
from the list of nominees and shall serve for the
unexpired term. If the list is exhausted, the party,
organization or coalition shall submit additional
nominees.
- Term of Office: term of 3 years and shall be
entitled to same salaries and emoluments as regular
members of the House.
Election
 Regular: 2nd Monday of May
 Special: to fill a vacancy; serve for the
unexpired term
Salaries
 Determined by law.
 No increase in said compensation shall take
effect until after the expiration of the term of all the
members of the Senate and House approving such
increase.
Privileges
1) Freedom from Arrest
 Offenses punishable by not more than 6 years
imprisonment, be privileged from arrest while
Congress is in session.
2) Privilege of Speech and of Debate
 Not be questioned nor be held liable in any
other place for any speech/debate in the Congress or
in any committee.
 Held to account for such speech or debate by the
House to which he belongs
 Nachura Notes – Constitutional Law
Disqualifications
1) Incompatible Office
 Not hold any other office or employment
 Forfeiture of the seat in Congress automatically
upon assumption of incompatible office.
 N/A if he holds the government office in an ex
officio capacity
2) Forbidden Office
 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.
 Last only for the duration of the term for which
the member of Congress was elected.
Other Inhibitions
 not personally appear as counsel before any
court, ET, quasi-judicial or other administrative
bodies
 not be directly or indirectly interested
financially in any contract with, or any franchise or
special privilege granted by the Government
 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.
Session
 Regular: convene once a year on the 4th Monday
of July unless a different date is fixed by law; and
shall continue for such number of days as it may
determine until 30 days before the opening of its
next regular session, exclusive of Saturdays,
Sundays and legal holidays.
 Special: call by president usually to consider
legislative measure which the President may
designate in his call
 Joint
1) Voting Separately
a. Choosing the president
b. Determine disability of the president
c. Confirming nomination of VP
d. Declaration of the existence of a state of war
e. Proposing constitutional amendments
2) Voting Jointly
a. Revoke/extend proclamation suspending the
privilege of the writ of HC
41
b. Or placing the Philippines under martial law
 Adjournment – neither House during the
sessions of the Congress shall, without the consent
of the other adjourn for more than 3 days nor to any
other place than that in which the 2 Houses shall be
sitting.
Officers
 Senate elects its President
 House elects its Speaker
 Each nay choose such other officers as it may
deem necessary
Quorum
 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
 Quorum in the Senate shall be the total number
of Senators who are in the country and within the
coercive jurisdiction of the Senate.
Rules of Proceedings
 Each House determined the rules of its
proceedings.
Discipline of Members
 House may punish its members for disorderly
behavior, and with concurrence of 2/3 of all its
members, suspend (for not more than 60 days) or
expel a member.
 Determination of 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.
Records and Books of Accounts
 Preserve and open to public
 Books shall be audited by COA which shall
publish annually an itemized list of amounts paid to
and expenses incurred by each member.
Legislative Journal and Congressional Records
 Each House shall keep a Journal of its
proceedings, and from time to time publish the
 Nachura Notes – Constitutional Law

same, excepting such parts as may, in its judgment, proclaimed, has taken oath of office, and has
affect national security; assumed functions of the office.
 And the yeas and nays on any question shall, at  Decisions may be reviewed by SC by showing
the request of 1/5 of the Members present, be grave abuse of discretion in a petition for certiorari
entered in the Journal. filed under R65.
 Each House shall also keep a Record of its
proceedings. Commission on Appointment
 Matters which under the Constitution are to be  Composition
entered in the journal: a. Senate President, ex-officio chairman
a. Yeas and nays on 3rd and final reading of a bill b. 12 senators
b. Veto message of the President c. 12 house
c. Yeas and nays on the repassing of a bill vetoed * b and c elected by each House on the basis of
by the President proportional representation from the political parties
d. Yeas and nays on any question at the request of registered.
1/5 of members present.  Powers – act on all appointments submitted to it
 Enrolled Bill Theory: enrolled bill is one duly within 30 session days of Congress from their
introduced and finally passed by both Houses, submission.
authenticated by the proper officers of each and  Shall rule by majority vote of its members
approved by the President.  Meet only while Congress is in session
 Enrolled Bill prevails, except to matters which  At the call of its Chairman or majority of all its
under the Constitution must be entered in the members
Journal.  Independent of the 2 Houses and has the power
to promulgate its own rules of proceedings.
Electoral Tribunals
 Composition
a. 3 SC Justices designated by CJ, the senior Powers of Congress
justice shall be the chairman 1. General (plenary) legislative power
b. 6 members of the house, chosen on the basis of - Limitations:
proportional representation from the political parties 1. Substantive
registered - Express
 Non-partisan court; independent of Congress a. Bill of rights
 Termination of Membership: b. Appropriations
a. Expiration of congressional term c. Taxation
b. Death d. Constitutional appellate jurisdiction of SC
c. Resignation from political party e. No law granting a title of royalty or nobility
d. Formal affiliation to another political party shall be passed
e. Removal for other valid causes - Implied
 Cannot disqualify senator-member just because a. Non-delegation of powers
election contest is filed against him. (Abbas vs. b. Prohibition against the passage if irrepealable
Senate ET) laws
 Doctrine of Primary Administrative Jurisdiction, 2. Procedural
prior recourse to the House is necessary before the a. Only one subject to be expressed in the title
case may be brought to the Court. - Title is not required to be an index of the
 Power: sole judge of all contests relating to the contents of the bill
election, returns and qualifications of their - Sufficient compliance if the title expresses the
respective members. general subject and all the provisions of the statute
 HRET may assume jurisdiction only when after are germane to thee subject
the winning candidate shall have been duly
42
 Nachura Notes – Constitutional Law
- Sufficient if the title is comprehensive enough,
as in this case, to include subjects related to the
general purpose which the statute seeks to achieve.
- Rider is a provision not germane to the subject
matter of the bill.
b. Three readings on separate days
- Printed copies of bill in its final form distributed
to Members 3 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 the yeas and
nays entered in the journal
- Presidential certification dispensed with the
requirement not only of printing but also that of
reading the bill on separate days.
3. Legislative Process
- Requirements as to bill
 Only 1 subject to be expressed in the title
 Appropriation, revenue bills, tariff bills, bills of
local application, bills authorizing increase of
public debts and private bills shall originate
exclusively in the House of Representative.
 It is not the law, but the bill, which is required
to originate exclusively in the House, because the
bill may undergo such extensive changes in the
Senate that the result may be a rewriting of the
whole.
 The Constitution does not prohibit the filing in
the Senate of a “substitute bill” in anticipation of its
receipt of the bill from the House, so long as the
action by the Senate as a body is withheld pending
receipt of the House bill.
- Procedure: passed 3 readings on separate days,
and printed copies in its final form have been
distributed to its Members 3 days before its passage
EXCEPT when President certifies to the necessity
of its immediate enactment to meet a public
calamity or emergency.
 Courts are denied the power to inquire into
allegations that, in enacting a law, a House of
Congress failed to comply with its own rules, in the
absence of any showing that there was a violation of
constitutional requirements or the rights of private
individuals.
 It is within the Bicameral Conference
Committee to include in its report an entirely new
43
provision that is not found either in the House or
Senate bill.
 If the Committee can propose an amendment
consisting of 1 or 2 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.”
 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.
- Approval of Bills
 The bill becomes a law in the following cases:
a. President approves the same and signs it.
b. Congress overrides the Presidential veto – if the
President disapproves the bill, he shall return the
same, with his objections contained in his Veto
message to the House of origin (which shall enter
the objections at large in its Journal). The veto is
overridden upon a vote of 2/3 of all members of the
House of origin and the other House. Yeas and
Nays entered in the Journal of each House.
o No pocket veto.
o Partial veto, as a rule, is invalid. It is allowed
only for particular items in an appropriation,
revenue or tariff bill. The President cannot veto part
of an item in an appropriation bill while approving
the remaining portion of the item.
o 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. It may be negative
(subjecting the executive action to disapproval by
Congress) or affirmative (requiring approval of the
executive action by Congress)
c. When the President fails to act upon the bill for
30 days from receipt thereof, the bill shall become a
law as if he had signed it.
2. Power of Appropriation
 Spending power called the “power of the purse”
belongs to Congress subject only to the veto power
of the President.
 It is the President who proposes the budget, the
final say on the matter of appropriation is lodged in
Congress.
 Nachura Notes – Constitutional Law
 The power of appropriation carries with it the
power to specify the project/activity to be funded
under the appropriation law.
 Need for appropriation – “NO money shall be
paid out of the Treasury except in pursuance of an
appropriation made by law.”
 Indispensable requisites or condition sine qua
non for the execution of government contracts:
a. Existence of appropriation
b. Availability of funds
 Appropriation law – a statute the primary and
specific purpose of which is to authorize the release
of public funds from the Treasury.
 Classification:
1) General Appropriations Law – passed annually,
for the financial operations of the government.
2) Special Appropriations Law – for specific
purpose
 Implied Limitation on Appropriation Measures
1) Appropriation must be devoted to public
purpose
2) Sum authorized to be released must be
determinate or at least determinable
 Decree do not specify the specific amounts to be
paid, the amounts are nevertheless made certain by
the legislative parameters provided in the decrees.
 The mandate being only to pay the principal,
interest, taxes and other normal banking charges.
 Constitutional Limitation on Special
Appropriation Measure
1) Specify the public purpose for which the sum is
intended
2) Must be supported by funds actually available
as certified to by the National Treasurer or to be
raised by a corresponding revenue proposal
included therein.
 Constitutional Rules on General Appropriations
Law:
• Congress may not increase the appropriations
recommended by the President for the operation of
the Government.
• The form, content and manner of preparation of
the budget shall be prescribed by law.
• No provision or enactment shall be embraced
unless it relates specifically to some particular
appropriation. Any such provision or enactment
shall be limited in its operation to the appropriation
to which it relates. This is intended to prevent riders
44
or irrelevant provisions included in the bill to ensure
its approval.
i. Procedure for approving appropriations for
Congress shall strictly follow the procedure for
approving appropriations for other departments and
agencies. (to prevent sub rosa appropriation by
Congress)
ii. Prohibition against transfer of appropriations
 Exception:
1) President
2) Senate President
3) Speaker
4) Chief Justice
5) Heads of Constitutional Commission
 By law, be authorized to augment any item in
the general appropriation law for their respective
offices from savings in other items of their
respective appropriations.
iii. Prohibition against appropriation for sectarian
benefit
 Exception: priest, preacher, minister or dignitary
is assigned to the armed forces or to any penal
institution or government orphanage or leposarium.
iv. Automatic reappropriation
 If Congress failed to pass the general
appropriations bill for the ensuing year, the general
appropriations bill for the preceding fiscal year shall
be deemed re-enacted until said bill is passed.
 Impoundment –the refusal by the President for
whatever reason to spend funds made available by
Congress. It is the failure to spend or obligate
budget authority of any type.
 Appropriation Reserves – the Administrative
Code authorizes the Budget Secretary to establish
reserves against appropriations to provide for
contingencies and emergencies which may arise
during the year.
 This is “expenditure deferral” not suspension,
since the agencies concerned can still draw on the
reserves if the fiscal outlook improves.
3. Power of Taxation
 Limitations
1. uniform and equitable – evolve a progressive
system of taxation
2. charitable institutions, etc. and all lands,
buildings and improvements actually, directly and
exclusively used for religious, charitable or
educational purposes shall be exempt from taxation.
 Nachura Notes – Constitutional Law
3. all revenues and assets of non-stock, non-profit
educational institutions used directly, actually and
exclusively for educational purposes shall be
exempt from taxation.
4. Law granting tax exemptions shall be passed
only with concurrence of majority of all members of
Congress
4. Power of Legislative Investigation
 Conduct inquiries in aid of legislation.
 Rights of persons appearing in or affected by
such inquiries shall be respected.
 Limitations
1. in aid of legislation
2. in accordance with duly published rules of
procedure
3. Rights of persons appearing in, or affected by
such inquiry shall be respected
 Power to punish for contempt: Senate being a
continuing body may order imprisonment for an
indefinite period, but principles of due process and
equal protection will have to be considered.
5. Question Hour
 Heads of the departments may upon their own
initiative with the consent of the President OR upon
the request of wither House, as the rules of each
House shall provide, appear before and be heard by
the House on any matter pertaining to their
departments.
 Written questions submitted to the Senate P or
Speaker, 3 days before the scheduled appeared.
 Interpellations shall not be limited to the written
questions, may cover matters related thereto.
 When the security of the State or the public
interest so requires, may be held in executive
session.
6. War Powers
 Declaration of the existence of state of war – 2/3
of both Houses in joint session, voting separately
7. Power to act as Board of Canvassers in election
of President
8. Power to call a Special Election for President
and VP
9. Power to judge the President’s physical fitness
to discharge the functions of Presidency
10. Power to revoke or extend suspension of the
privilege of the writ of HC or declaration of martial
law
11. Power to concur in Presidential amnesties
45
 Concurrence of majority of all members of the
Senate
12. Power to concur in treaties or international
agreements
 2/3 of all the members of the Senate
13. Power to confirm certain appointments by the
President
 in the event of vacancy in the Office of VP,
from among members of Congress confirmed by
majority vote of all the Members of both Houses of
Congress, voting separately.
 Nominations by President under Sec 16, Article
7 confirmed by Commission on Appointments
14. Power to impeachment
15. Power relative to natural resources
16. Power to propose amendments to the
Constitution
IX. EXECUTIVE DEPARTMENT
The President
Qualifications
1. natural-born citizen
2. registered voter
3. able to read and write
4. on the day of the election, at least 40 years old
5. resident of the Philippines for at least 10 years
immediately preceding such election
Election
- Regular Election: 2nd Monday of May
- Congress as Board of Canvassers
 Returns of every election for President and VP,
duly certified by Board of Canvassers of each
province or city shall be transmitted to Congress
directed to Senate President.
 SP, upon receipt, shall not later than 30 days
after the day of the election, open all the certificates
in the presence of the Senate and House in joint
public session.
 Congress upon determination of the authenticity
and due execution, shall canvass the votes.
 Congress shall promulgate its own rules.
 2 or more candidates shall have an equal and
highest number of votes, one of them shall be
chosen by a majority vote of all members of
Congress.
 Nachura Notes – Constitutional Law
- Congress has the authority to proclaim the
winning candidates for the position of President and
Vice President
- Congress may delegate the initial determination
of the authenticity and due execution of the
certificate of canvass to a Joint Congressional
Committee, composed of members of the House
and Senate
- The decisions and final report of the Committee
shall be subject to the approval of the joint session
of both Houses if Congress, voting separately.
- Even if Congress has adjourned its regular
session it may continue to perform this
Constitutional duty of canvassing the presidential
and vice-presidential election results without need
of any call for a special session by the President.
- The joint public session cannot adjourn sine die
until it has accomplished its constitutionally
mandated task.
- No constitutional or statutory basis for
COMELEC to undertake a separate and an
“unofficial” tabulation of results  descends to the
level of private organization while using public
funds, violates exclusive prerogative of NAMFREL
and taints integrity of envelopes containing ER and
the ERs themselves.
- SC as Presidential Electoral Tribunal
 SC, en banc
 Sole judge of all contests relating to the
election, returns and qualifications of the President
or VP
 Promulgate its own rules
Term of Office: 6 years
- No re-election
- No person who has succeeded as President and
has served for more than 4 years shall be qualified
for election to the same office at any time
Privileges
1. Official Residence
2. Salary
- Determined by law
- Shall not be decreased during tenure
- No increase shall take effect until after
expiration of the term of the incumbent during
which such increase was approved.
3. Immunity from Suit
- President is immune from suit
46
- May not be prevented from instituting a suit
- Immune from civil liability
- After tenure, cannot invoke immunity from suit
for civil damages arising out of acts done by him
while he was President which was not performed in
the exercise of official duties.
- Department Secretaries, though alter egos,
cannot invoke President’s immunity from suit.
Prohibitions/Inhibitions
1. Not receive any other emoluments from the
government or nay other source
2. Not hold any other office or employment, unless
provided in this Constitution
- VP may be appointed to the Cabinet without
need of confirmation from Commission on
Appointment
- Secretary of Justice is ex-officio member of
Judicial and Bar Council
- Secretary of Labor  ex-officio member of
BOD of PEZA
- Secretary of TC  ex-officio Chairman of PPA
and LRTA
- Prohibition must not be construed as applying to
poses occupied by Executive officials without
additional compensation in an ex-officio capacity,
as provided by law and as required by the primary
functions of the said official’s office. These posts
do not comprise “any other office” but is an
imposition of additional duties and functions on
said official.
3. Not directly or indirectly practice any other
profession, participate in any business or be
financially interested in any contract, franchise or
special privilege
4. Strictly avoid conflict of interest in the conduct
of their office
5. May not appoint Spouse or Relatives by
consanguinity or affinity within the fourth civil
degree as
a. Members of Constitutional Commissions
b. Office of the Ombudsman
c. Secretaries
d. Undersecretaries
e. Chairman/heads of
bureaus/offices/GOCCs/subsidiaries
Rules on Succession
- Vacancy at the BEGINNING of term
 Nachura Notes – Constitutional Law

 Majority of the members of the Cabinet transmit

DEATH or VP-elect shall become to Senate President and Speaker
PERMANENT President  Written declaration that the President is unable
DISABILITY of to discharge the powers and duties of his office
President – elect  VP shall IMMEDIATELY assume the powers
President-elect fails to VP-elect shall act as and duties of the office as Acting President
qualify President until  IF President shall transmit written declaration
President-elect shall that no such disability exists
have qualified  He shall reassume the powers and duties of his
President shall not have VP-elect shall act as office
been chosen President until  IF majority of the members of the Cabinet
President-elect shall transmit within 5 days to SP and Speaker their
have been chosen and written declaration that the President is unable to
qualified discharge the powers and duties of his office,
No President and VP: Senate President or in  Congress shall decide the issue
- Chosen case of his disability,  Congress shall convene within 48 hours, if not
- Qualified the Speaker of the in session
- Both died House shall act as  w/in 10 days from receipt of last declaration OR
- Both become President until a if not in session w/in 12 days after it is required to
permanently disabled President or VP shall assemble  Congress determines by 2/3 vote of
been chosen and both Houses, voting separately
qualified.  that President is unable  VP shall act as
In case of inability of President; Otherwise, President shall continue
both, Congress shall, exercising the powers and duties of his office.
by law provide for the
manner by which one Constitutional Duty of Congress in case of Vacancy
who is to act as in the Offices of President and VP
President shall be - 10:00am, 3rd day after the vacancy occurs
selected until a - Congress shall convene without need of call
President or VP shall - w/in 7 days enact a law calling for a special
have qualified. election to elect a President and VP
- election held not earlier than 45 days nor later
- Vacancy DURING the term than 60 days from time of such call
 Death, permanent disability, removal from - bill shall be deemed certified and shall become
office or resignation of President  VP shall law upon approval on 3rd reading by Congress
become President - convening cannot be suspended
 Elements of Valid Resignation: - election cannot be postponed
1. intent to resign - IF vacancy occurs w/in 18 months before the
2. act of relinquishment date of the next presidential election  NO special
election
- Temporary Disability
 President transmits to Senate President and Removal of President: Impeachment
Speaker
 His written declaration that he is unable to Vice-President
discharge the powers and duties of his office
 Until he transmits a written declaration to the Qualifications
contrary 1. natural-born citizen
 Powers and duties shall be discharged by the VP 2. registered voter
as Acting President 3. able to read and write
47
 Nachura Notes – Constitutional Law

4. on the day of the election, at least 40 years old - Power to reorganize the OP under Section 31 (2)
5. resident of the Philippines for at least 10 years and b(3) of EO 292 (Administrative Code) 
immediately preceding such election power of the President to reorganize offices outside
of the OP proper is limited to merely transferring
Term: No VP shall serve for more than 2 successive functions/agencies from OP to
terms. Departments/Agencies and v.v.
- It is not for the President to determine the
Vacancy in VP validity of the law, it is the function of the judiciary.
- President shall nominate a VP from among Unless and until such law is declared
members of Senate and House unconstitutional, President has the duty to execute
- Assume office upon confirmation by a majority it.
vote of all Members of both Houses of Congress,
voting separately Power of Appointment
- Nominate and with consent of the Commission
Powers of the President on Appointments, appoint:
1) Executive Power a. Heads of the executive departments
2) Power of Appointment b. Ambassadors
3) Power of Control c. Other public ministers and consuls
4) Military Powers d. Officers of the armed forces from the rank of
5) Pardoning Power colonel or naval captain
6) Borrowing Power e. Other officers whose appointments are vested in
7) Diplomatic Power him in this Constitution
8) Budgetary Power - Appoint all other officers of the Government
9) Informing Power whose appointments are not otherwise provided by
10) Others law
a. Call Congress to special session - Appoint those whom he may be authorized by
b. Power to approve or veto bolls law to appoint.
c. Consent to deputation of government personnel - Congress may by law, vest appointment of other
by COMELEC officers lower in rank in the
d. Discipline such deputies a. President alone,
e. Emergency powers, by delegation from b. Courts
Congress c. Heads of
f. General supervision over LGs and autonomous departments/agencies/commissions/boards
regional governments - Appointment: selection, by the authority vested
with the power, of an individual who is to exercise
Executive Power the functions of a given office.
- Executive Power: power to enforce and  Designation: imposition of additional duties,
administer the laws usually by law, to one who is already in public
- Power of carrying out the laws into practical service
operation and enforcing their due observance  Commission: written evidence of appointment
- Authority to Reorganize the Office of the - Classification of Appointments
President “to achieve simplicity, economy and a. Permanent – extended to persons possessing the
efficiency.” requisite eligibility and are protected by security of
- Power to reorganize the OP under Section 31 (1) tenure
of EO 292 (Administrative Code)  President can b. Temporary – extended to persons without
reorganize the OP proper by abolishing, requisite eligibility, revocable at will, without
consolidating or merging units or by transferring necessity of just cause or valid investigation
functions from one unit to another  Not subject to confirmation by Commission on
Appointment
48
 Nachura Notes – Constitutional Law
 If confirmation erroneously given, will not
make it a permanent appointment
 Designation is considered only an acting or
temporary appointment
c. Regular – made by President while Congress is
in session
 Takes effect upon confirmation of Commission
on Appointment
 Once approved, continues until end of term of
the appointee
 as
d. Ad interim – made by President while Congress
is not in session
 Takes effect immediately but ceases to be valid
if disapproved by the Commission on Appointments
or upon next adjournment of Congress (by-passed
through inaction)
 Intended to prevent interruptions in vital
government services
 Permanent and cannot be withdrawn by the
President once the appointee has qualified
 If disapproved by the Commission on
Appointments  can no longer be extended a new
appointment; decision of the Commission is final
and binding
 If by-passed  President is free to renew the ad
interim appointment
- Officials who are appointed by the President
 Does NOT require confirmation by COA
a. Commissioner of Customs
b. Philippine Coast Guard
c. Chairman of Commission of Human Rights
d. NLRC Chairman and Commissioners
- Congress cannot by law require confirmation of
appointments of government officials other than
those mentioned in the Constitution
- Steps in the Appointing Power
a. Nomination by President
b. Confirmation by COA
c. Issuance of the Commission
- Appointment is deemed complete upon
acceptance; pending such acceptance, the
appointment may still be validly withdrawn
- Discretion of Appointing Authority – includes
the determination of the nature ad character of
appointment
- In case of vacancy in an office occupied by an
alter ego of the President, e.g. Department
49
Secretary, the President necessarily appoint the alter
ego of his choice. Congress, cannot by law, compel
the President to appoint automatically the
undersecretary as his temporary alter ego. An alter
ego, temporary or permanent, holds a position of
great trust and confidence.
- Special Limitations on the President’s
Appointing Power
1. may not appoint his spouse or relatives by
consanguinity or affinity, within the 4th civil degree
a. members of Constitutional Commission
b. Ombudsman
c. Secretaries
d. Undersecretaries
e. Chairmen/heads of bureaus/offices/GOCCs
2. appointments made by acting president shall
remain effective unless revoked by elected
President w/in 90 days from assumption of office
3. 2 months immediately before the next
presidential election 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 will
prejudice public service or endanger public safety
 No law that prohibits local executive officials
4. Congress  power to prescribe qualifications
5. Judiciary may annul an appointment made by
President of the appointee is not qualified or has not
been validly confirmed.
- Power of Removal
 Implied from power of appointment
 President cannot remove officials appointed by
him where the Constitution prescribes certain
methods for separation of such officers from service
 Chairman and commissioners of Constitutional
Commissions  impeachment
 Judges  disciplining authority of SC
 Where power of removal is lodged in President:
a. Cause as may be provided by law
b. Prescribed administrative procedure
 Members of career service of the Civil Service
who are appointed by the President may be directly
disciplined by him
 Members of Cabinet and Officers whose
continuity in office depends upon pleasure of
President  replaced any time; separation is not by
removal but EXPIRATION of term.
 Nachura Notes – Constitutional Law
Power of Control
- President shall have control of all
 Executive departments
 Bureaus
 Offices
- Control: power of an officer to alter, modify, set
aside, or nullify what a subordinate had done in the
performance of his duties and to substitute the
judgment of the former for that of the latter.
 Supervision: overseeing; the power of an officer
to see that subordinate officers perform their duties,
and if the latter fails or neglects to fulfill them, then
the former may take such action or steps as
prescribed by law to make them perform these
duties.
- Alter Ego Principle/Doctrine of Qualified
Political Agency
 All executives and administrative organizations
are adjuncts of the Executive department
 The heads of the various executive departments
are assistants and agents of the Chief Executive
 And, except in cases where the Chief Executive
is required by the Constitution or law to act
personally OR the exigencies of the situation
demand that he act personally, the multifarious
executive and administrative functions of the Chief
Executive are performed by and through the
executive departments,
 And the acts of Secretaries, performed and
promulgated in the regular course of business are,
unless disapproved or reprobated are presumptively
the acts of the Chief Executive.
- President may exercise powers conferred by law
upon Cabinet members or subordinate executive
officers.
- Power of the president to reorganize the
National Government may validly be delegated to
his Cabinet members exercising control over a
particular executive department.
- Appeal to the President from decisions of
executive officers, including Cabinet members,
complete the exhaustion of administrative remedies.
 Exception: Doctrine of Qualified Political
Agency applies, in which case the decision of
Cabinet Secretary carries the presumptive approval
50
of the President, thus there is no need to appeal to
the President.
- Power of control may be exercised over the acts,
NOT over the actors
- Power of control of Secretary of Justice over
prosecutors
 Decisions/Resolutions of prosecutors are subject
to appeal to the Secretary of Justice who exercises
power of direct control and supervision over
prosecutors.
 Where Secretary exercises power of review only
after an information is filed, TC should defer or
suspend arraignment and other proceedings until
appeal is resolved. HOWEVER, the TC is not ipso
facto bound by the resolution of the Secretary,
because jurisdiction, once acquired is not lost
despite the resolution of the Secretary to withdraw
the information or to dismiss the case.
- Power of general supervision over local
governments.
- President can only interfere in the affairs and
activities of a local government unit of he finds that
the latter had acted contrary to law.
 Otherwise, violative of local autonomy.
- Local fiscal autonomy: automatic release of
LGU shares in the national internal revenue.
-
Military Powers
- Commander-in-Chief of all armed forces of the
Philippines
- If necessary, he may call out such armed forces
to prevent or suppress lawless violence, invasion or
rebellion.
- In case of invasion or rebellion, when public
safety requires it, he may, for a period not
exceeding 60 days, suspend the privilege of the writ
of HC or place the Philippines or any part thereof
under martial law.
- Commander-in-Chief Clause
 Conduct of saturation drives or areal target
zoning
 Exercises discretionary power
 Only criterion, “whenever it becomes
necessary”
 Discretionary authority to declare state of
rebellion
 Court may only look into the sufficiency of the
factual basis for the exercise of the power.
 Nachura Notes – Constitutional Law
 Mere declaration of a state of rebellion cannot
diminish or violate constitutionally protected rights
 Power to organize courts martial for the disciple
of members of the armed forces
 Power to create military commissions for the
punishment of war criminals
 Military tribunals cannot try civilians when civil
courts are open and functioning
 Members of the PNP are not within the
jurisdiction of the military court
 RA 7055, lawmakers intended to return to
civilian courts jurisdiction over offenses that have
traditionally within their jurisdiction but did not
divest the military courts jurisdiction over cases
mandated by the Article of War
a. Disrespect towards the President
b. Disrespect towards Superior Officer
c. Sedition/Mutiny
d. Conduct Unbecoming an Officer and a
Gentleman
e. General Articles of the Articles of War
- Suspension of the privilege of the writ of HC
 Grounds: invasion or rebellion, when public
safety requires it
 Duration: not to exceed 60 days, unless
extended by Congress
 Duty of President to Report action to Congress:
w/in 48 hours, personally or in writing
 Congress may revoke or extend by a majority
vote of all its members, voting jointly
 SC may review upon proceeding filed by any
citizen, as to the sufficiency of factual basis. It must
promulgate its decision w/in 30 days from its filing.
 Suspension does not impair the right to bail.
 Suspension applies to persons judicially charged
for rebellion or offenses inherent in or directly
connected with invasion
 During suspension, any person thus arrested
shall be judicially charged w/in 3 days, otherwise he
shall be released.
- Martial Law
 NOT Suspend operation of the Constitution
 NOT Supplant the functioning of civil courts or
legislative assemblies
 NOT authorize conferment of jurisdiction on
military courts and agencies over civilians where
civil courts are able to function
51
 NOT automatically suspend the privilege of the
writ
Pardoning Power
- Except in cases of IMPEACHMENT or AS
OTHERWISE PROVIDED IN THE
CONSTITUTION
- May grant, after conviction by final judgment
a. Reprieves
b. Commutations
c. Pardons
d. Remit fines and forfeitures
- May grant Amnesty with concurrence of a
majority of all members of the Congress
- Pardon: act of grace which exempts the
individual from punishment that the law inflicts
upon the crime he has committed
- Commutation: reduction or mitigation of
penalty
- Reprieve: postponement of sentence/ stay of
execution
- Parole: release from imprisonment but still in
custody of law although not in confinement
- Amnesty: act of grace, with concurrence of
legislature, usually extended to group of persons
who committed political offenses, puts into oblivion
the offense itself
- Discretionary exercise by the President
- Cannot be controlled by Legislature or reversed
by courts unless there is a constitutional violation.
- Limitations:
1) Cannot be granted in cases of impeachment
2) Cannot be granted in cases of violation of
election offenses w/o favorable recommendation of
COMELEC
3) Cannot be granted in cases of legislative
contempt or civil contempt
4) Cannot absolve civil liability
5) Cannot restore public offices forfeited
- Exceptions: on consideration of justice and
equity, entitled to reinstatement (Sabello vs. DECS)
6) Only after conviction by final judgment
- Classification of Pardon:
1) Plenary or partial
2) Absolute or conditional
 Conditional pardon is in the nature of a contract
between the Chief Executive and the convicted
criminal.
 Nachura Notes – Constitutional Law

 By the pardonee’s consent to the terms - Treaties vs. International Agreements

stipulated in the contract, the pardonee has placed
himself under the supervision of the Chief Treaties International
Executive or his delegate who is duty bound to see Agreements
to it that the pardonee complied with the conditions Formal documents Become binding through
of the pardon require ratification executive action
 President is authorized to order the arrest or re- International agreements International agreements
incarceration of such a person, if he fails to comply which involve political involving adjustments
with the conditions of his pardon. issues or changes of of details carrying out
 Such exercise of Presidential judgment is national policy well established
beyond judicial scrutiny. national policies and
- Amnesty traditions
 Stands before the law precisely as though he had Involving arrangements Involving arrangements
committed no offense of permanent character of a more or less
 Criminal liability is totally extinguished temporary nature
 To avail of the benefit, must admit the guilt of
the offence covered by the proclamation - It is immaterial whether US treats the VFA as
merely an executive agreement because, under
AMNESTY PARDON international law, an executive agreement is just as
Addressed to political Infractions of peace of binding as a trearty.
offenses the state
Classes of persons Individual Budgetary Power
No need for distinct acts Acceptance needed - Submit to Congress within 30 days from
of acceptance opening of its regular session
Concurrence by Nope - A budget of expenditures and sources of
Congress financing, including receipts from existing and
Public act which courts Private act which must proposed revenue measures
may take judicial notice be pleaded and proved - As basis of the general appropriations act
Looks back and puts Looks forward and
into oblivion the offense relieves pardonee of the Informing Power
itself consequences of the - Address Congress at the opening of its regular
offenses session
- May appear before it at any other time
Borrowing Power
- Contract or guarantee foreign loans on behalf of X. JUDICIAL DEPARTMENT
the Republic, with prior concurrence of Monetary
Board and subject to such limitations as may be Judicial Power
provided by law. - Duty of the courts of justice to settle actual
- MB, shall w/in 30 days from end of every controversies involving rights which are legally
quarter, submit to the Congress a complete report of demandable and enforceable, and to determine
its decisions on applications for loans to be whether or not there has been grave abuse of
contracted or guaranteed by the Government/GOCC discretion amounting to lack or excess of
which would have the effect of increasing the jurisdiction on the part of any branch or
foreign debt, and containing other matters as may instrumentality of the government.
be provided by law. - Political questions  forbidden territory of
Diplomatic Power courts
- No treaty or international agreement shall be - Inherent power of Courts to amend and control
valid and effective unless concurred in by at least its processed and orders so as to make them
2/3 of all members of the Senate. comformable with law and justice.
52
 Nachura Notes – Constitutional Law

- Right to reverse itself.

- Lower Collegiate Courts
Where vested 1) Natural-born
- 1 SC 2) Member of Philippine Bar
- Such lower courts as may be established by law 3) Congress may prescribe other qualifications

Jurisdiction - Lower Courts

- Power to hear and decide a case 1) Citizen
- Congress shall have the power to define, 2) Member of Philippine Bar
prescribe and apportion the jurisdiction of various 3) Congress may prescribe other qualifications
courts, but may not deprive SC of its jurisdiction
over cases enumerated in Section 5, Article VIII Procedure for Appointment
- No law shall be passed increasing appellate - Appointed by the President from a list of
jurisdiction of SC without its advice and nominees prepared by Judicial and Bar Council
concurrence - Lower Courts: appointed by President w/in 90
days from submission of list
Constitutional Safeguards to Insure Independence
of SC Judicial and Bar Council
1. SC is a constitutional body; it may not be - Composition
abolished by legislature  Ex-officio Members
2. members of SC are removable only by 1) CJ as Chairman
impeachment 2) Justice Secretary
3. SC may not be deprived of its original and 3) Representative of Congress
appellate jurisdiction; Appellate jurisdiction may  Regular Members
not be increased without its consent and 1) Representative of IBP
concurrence 2) Professor of Law
4. SC has administrative supervision over all 3) Retired justice of SC
inferior courts and personnel 4) Representative of private sector
5. SC has exclusive power to discipline judges and  Secretary ex-officio: clerk of SC
justices of inferior courts
6. members of Judiciary have security of tenure - Appointment: regular members shall be
7. members of Judiciary may not be designated to appointed by President for a term of 4 years, with
any agency performing quasi-judicial or consent of COA; shall receive emoluments as
administrative functions determined by SC
8. salaries of judges may not be reduced; Judiciary - Powers/Functions:
enjoys fiscal autonomy  Principal function: recommending appointees to
9. SC alone may initiate ROC Judiciary
10. SC alone may order temporary detail judges  Exercise such other functions and duties as SC
11. SC can appoint officials and employees of may assign
judiciary
Supreme Court
Qualifications
 Composition
- Proven competence, integrity, probity and
 1 CJ
independence +
 14 Associate Justices
- SC
1) Natural-born  May sit en banc or in its discretion, in divisions
2) At least 40 of 3, 5 or 7 members
3) 15 years or more a judge of a lower court or  Vacancy shall be filled within 90 days from
engaged in the practice of law in the Philippines occurrence

53
 Nachura Notes – Constitutional Law
 En Banc – concurrence of a majority of the
members who took part in the deliberations and
voted
1) Constitutionality of a treaty, international or
executive agreement, or law
2) All others required by ROC
3) Constitutionality, application or operation of
PDs, orders, instructions, ordinances and other
regulations
 Division - concurrence of a majority of the
members who took part in the deliberations and
voted and in no case without the concurrence of at
least 3 such members
 When required number is not obtained  case
shall be decided en banc (case – decided NOT
matters - resolved)
 No doctrine or principle of law laid by a court
sitting en banc or in a division, may be modified or
reversed except by the court sitting en banc
Powers of the SC
1) Original Jurisdiction
2) Appellate Jurisdiction
3) Temporary Assignment of judges of LCs to
other stations as public interest may require
4) Order change of venue or place of trial, to avoid
miscarriage of justice
5) Rule-Making Power
6) Power of Appointment
7) Power of Administrative Supervision
8) Annual Report
Original Jurisdiction
1) Cases affecting ambassadors, public ministers
and consuls
2) Petition for certiorari, prohibition, mandamus
3) Quo warranto
4) Habeas corpus
Appellate Jurisdiction – review, revise, reverse,
modify, or affirm on appeal or certiorari as the ROC
may provide final judgments and orders of lower
courts in:
1) All cases involving constitutionality/validity of
any treaty, international or executive agreements,
law, PD, proclamation, order, instruction ordinance
or regulation is in question
54
2) All cases involving legality of any tax, impost,
assessment or toll or any penalty imposed in
relation thereto
3) Jurisdiction of lower court is in issue
4) All criminal cases in which penalty imposed is
RP or higher
5) All cases in which only an error or question of
law is involved
- Does not include power of SC to review
decisions of administrative bodies
- Penalty is RP, accused must appeal. Otherwise,
judgment of conviction will become final and
executory
- If death, TC shall forward records for automatic
review
- Question of Law: correct application of law or
jurisprudence to a certain set of facts; when the
issue does not call for an examination of the
probative value of the evidence, the truth or
falsehood of the facts being admitted.
Temporary Assignment of judges of LCs to other
stations as public interest may require
Order change of venue or place of trial, to avoid
miscarriage of justice
Rule-Making Power
- Promulgate rules:
1) Protection and enforcement of constitutional
rights
2) Pleadings
3) Practices
4) Procedure in all courts
5) Admission to practice of law
6) Admission to TB
7) Legal assistance to underprivileged
- Limitations:
1) Simplified and inexpensive procedure
2) Uniform in all courts of the same grade
3) Not diminish, increase or modify substantive
rights
- Integrated Bar
 State-organized bar to which each lawyer must
belong
 Official unification of entire lawyer population,
where each lawyer is given the opportunity to do his
share in carrying out the objectives of the Bar as
 Nachura Notes – Constitutional Law
well as obliged to bear his portion of its
responsibilities
 Requires membership and financial support of
every atty as a condition sine qua non to the practice
 Payment of dues is a necessary consequence of
membership in the IBP, of which no one is exempt
 Practice of law is a privilege and as such must
bow to the inherent regulatory power if the SC
- Writ of Amparo: writ that may be issued by the
courts, based on the constitutional power of the SC
to promulgate rules, for the protection and
enforcement of constitutional rights.
- Congress cannot amend the ROC
- Rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless
disapproved by the SC
Power of Appointment
- Appoint all officials and employees of the
Judiciary in accordance with Civil Service Law
Power of Administrative Supervision
- Administrative supervision over all courts and
personnel
- Ombudsman may not initiate or investigate a
criminal or administrative complaint before his
office against a judge, he must first indorse the case
to the SC
- Administrative proceedings before the SC are
confidential in nature.
Annual Report
- Submit, within 30 days from opening of each
regular session of Congress to the President and to
Congress an annual report on the operations and
activities of the Judiciary.
Consultations/Decisions of SC
1) Conclusions in any case submitted to it for
decision shall be reached in consultation before the
case is assigned to a member for the writing of the
opinion of the Court. A certification to this effect
signed by the CJ shall be issued.
- N/A to administrative cases
- Applicable to lower collegiate bodies
- Votes are equally divided and majority is not
obtained, petition shall nbbe dismissed
2) The decision shall state clearly and distinctly the
facts and the law on which it is based.
55
- N/A to:
1) Minute resolution dismissing a petition for HC,
certiorari and mandamus
2) Administrative cases
- Decision need not be a complete recital of the
evidence presented
- Factual and legal basis are clearly and distinctly
set forth
- Imperative that decision is not limited to
dispositive part; must
1) State nature of the case
2) Summarize the facts w/ reference to record
3) Contain statement of applicable law and
jurisprudence
4) Tribunal’s statement and conclusion of the case
3) No petition for review or MR shall be refused
due course or denied without stating the legal basis.
Tenure of Judges/Justices
- SC: Justices may be removed only by
impeachment
 Special Prosecutor has no authority to conduct
an investigation on charges against a member of the
SC, in view of filing a criminal information.
Because if found guilty, he will be removed from
office  violation of his security of tenure.
- LC: Judges shall hold office during GOOD
BEHAVIOR until they reach the age of 70 or
become INCAPACITATED to discharge the duties
of their offices.
 SC en banc shall have the power to discipline
judges of LCs, or order their dismissal by a vote of
a majority of the members who took part in the
deliberations and voted
 NOTE: only cases involving dismissal of judges
of LCs are required to be decided by the Court en
banc.
 First clause: declaration of grant of the
disciplining power to and the determination of the
procedure in the exercise by the Court en banc
 Grounds for the removal of a judicial officer
should be established beyond reasonable doubt,
particularly where the charges on which removal is
sought are misconduct in office, willful neglect,
corruption, incompetence, etc.
 Judges cannot be disciplined for every
erroneous order or decision rendered in the absence
of a clear showing of ill motive, malice or bad faith.
 Nachura Notes – Constitutional Law
 The absence of bad faith or malice will not
totally exculpate them from charges of
incompetence and ignorance of the law when they
render decisions that are totally bereft of factual and
legal bases.
- No law shall be passed reorganizing the
Judiciary when it undermines the security of tenure
of its members.
Salaries
- Fixed by law
- May not be decreased during their continuance
in office
- Imposition of income tax on salaries of judges
does not violate the constitutional prohibition
against decrease in salaries
Periods of Decisions
- All cases filed after the effectivity of the
Constitution must be decided and resolved, from
date of submission
 24 months – SC
 12 months – lower collegiate courts
 3 months – all other lower courts
- Unless in the 2 latter cases, the period is reduced
by the SC
- Certification to be signed by the Chief
Justice/Presiding Justice shall be issued stating the
reason for delay
- Must not sacrifice for expediency’s sake the
fundamental requirements of due process
- “sin perjuicio” judgment without a statement of
the facts in support of its conclusions, to be later
supplemented by the final judgment.
- Designed to prevent delay in the administration
of justice.
- Failure to decide cases within the prescribed
period is not excusable and constitute gross
inefficiency which is a ground for administrative
sanction against the defaulting judge.
- Judges who cannot comply with this mandate
should ask for additional time, explaining in their
request the reasons for the delay.
- Despite expiration of the mandatory period, the
court, without prejudice to such responsibility as
may have been incurred in consequence thereof,
shall decide or resolve the case or matter submitted
to it without further delay.
56
- Court does not lose jurisdiction despite the lapse
of the mandatory period.
XI. CONSTITUTIONAL COMMISSION
Independent Constitutional Commission
1. Civil Service Commission
2. COMELEC
3. Commission on Audit
Safeguards Insuring the Independence of the
Commission
1. constitutionally created, and not be abolished by
statute
2. expressly described as “independent”
3. conferred certain powers and functions which
cannot be reduced by statute
4. enjoy fiscal autonomy
 “no report, no release” policy may not be
validly enforced against offices vested with fiscal
autonomy.
 Automatic release of approved annual
appropriations to a constitutional commission
vested with fiscal autonomy should be construed to
mean that no condition to fund releases to it may be
imposed.
 Provision in Section 3, Article VIII, prohibiting
the reduction in the appropriation for the Judiciary
below the amount appropriated for the previous
year does not appear in Section 5, Article IX-A….
Congress is not prohibited from reducing the
appropriations Constitutional Commissions below
the amount appropriated for them for the previous
year.
5. promulgate its own procedural rules, provided
they do not diminish, increase or modify substantive
rights (subject to disapproval by the SC)
6. appoint their own officials and employees in
accordance with Civil Service Law
7. Chairman and members removed only by
impeachment
8. Chairman and members are given a fairly long
term of 7 years
9. Chairman and members may not be reappointed
or appointed in an acting capacity
10. salaries of Chairman and members are relatively
high and may not be decreased during continuance
in office
 Nachura Notes – Constitutional Law
11. Chairman and members are subject to certain
disqualification calculated to strengthen their
integrity
Inhibitions/Disqualifications
1. not hold any other office or employment, during
tenure
2. not engage in the practice of any profession
3. not engage in the active management or control
of any business which in any way may be affected
by the functions of his office
4. not be financially interested, directly or
indirectly, in any contract or in any franchise or
privilege granted by the Government
Rotational Scheme of Appointments
- First appointees serve terms of 7, 5 and 3 years.
- After the first commissioners are appointed, the
rotational scheme is intended to prevent the
possibility of one President appointing all the
Commissioners.
- Rotational plan requires:
1. terms of the first commissioners should start on
a common date
2. any vacancy due to death, resignation or
disability before the expiration of the term should
only be filled for the unexpired balance of the term.
Decisions
1. Each Commission shall decide by a majority
vote of all its members any case or matter brought
before it w/in 60 days from the date of its
submission for decision or resolution.
- Majority vote of ALL members and not only of
those who participated in the deliberations and
voted thereon.
- Retired prior to promulgation of decision 
votes should be considered withdrawn, as if they
had not signed the resolution; only the votes of the
remaining commissioners shall be counted.
- Treat the procedural requirements on deadlines
realistically.
2. Aggrieved party may bring the decision to the
SC on certiorari w/in 30 days from receipt of copy
- When Court reviews a decision of the
COMELEC, the Court exercises extraordinary
jurisdiction; thus the proceeding is limited to issues
involving grave abuse of discretion resulting in lack
57
or excess of jurisdiction and does not ordinarily
empower the Court to review factual findings.
- Certiorari under R65 is the appropriate remedy.
- Judgment of the COA are not reviewable by
ordinary writ of error or appeal by certiorari to the
SC. Only when COA acts without or in excess of
jurisdiction, or with GAD amounting to lack or
excess of jurisdiction, may this court entertain a
petition for certiorari under R65.
- Decisions of the CSC shall be appealable by
certiorari to the CA w/in 15 days from receipt of a
copy. From the decision of the CA, the party
adversely affected thereby shall file a petition for
review on certiorari under R45.
Enforcement of Decision
- Final decision of the CSC are enforceable by
writ of execution which CSC may itself issue.
CIVIL SERVICE COMMISSION
Composition
- Chairman
- 2 Commissioners
Qualifications
1. Natural-born
2. at the time of the appointment at least 35 years
old
3. proven capacity for public administration
4. not have been candidates for any elective
position in the election immediately preceding their
appointment
Term
- Appointed by the President with the consent of
the Commission on Appointments
- Term of 7 years, without reappointment
- In no case shall any member be appointed or
designated in temporary or acting capacity.
Constitutional Objective/Function
1. central personnel agency of the Government
2. establish a career service
3. adopt measures to promote morale, efficiency,
integrity, responsiveness, progressiveness and
courtesy in the civil service
4. strengthen merit and reward system
 Nachura Notes – Constitutional Law
5. integrate all human resources development
programs for all levels and ranks
6. institutionalize a management climate
conducive to public accountability
- Granting civil service eligibility to employees
under provisional or temporary status who have
rendered 7 years of efficient service is
DISCRETIONARY on the CSC and may not be
compelled by mandamus to issue such eligibility.
- CSC cannot validly abolish Career Executive
Service Board
- Power to hear and decide administrative cases
instituted before it directly or on appeal, including
contested appointments.
- Power to recall an appointment initially
approved in disregard of the applicable provisions
of the Civil Service law and regulations.
- Original jurisdiction to hear and decide a
complaint for cheating in the CS examinations by a
government employee.
- Decisions of lower level officials in cases
involving personnel actions be appealed to the
agency head then to the CSC. (not RTC)
- CSC does not have appellate jurisdiction over a
case of separation from government service under
Section 2, Article II of the Provisional Constitution.
Scope of the CS
- Embrace ALL branches, subdivisions,
instrumentalities and agencies of the Government,
including GOCCs with original charter
- “with original charter” refers to corporation
chartered by special law as distinguished from
corporations organized under the Corporation Code
- Includes:
1. Economic Intelligence and Information Bureau
2. Jose M. Rodriguez Hospital
3. Philippine National Red Cross
4. UP
5. Morong Water District
- N/A:
1. National Housing Corporation
Classes of Service
1. Career Service
a. Description
- Entrance based on merit and fitness, as far as
practicable by competitive examinations
58
- Or based on highly and technical qualifications
- Opportunity for advancement to higher career
positions
- Security of tenure
b. Includes:
1) Open Career Service
- Prior qualification in an appropriate
examination is required
2) Closed Career Service
- Scientific or highly technical
3) Career Executive Service
- Undersecretaries, bureau directors, etc.
4) Positions in the Armed Forces of the Philippines
- Governed by a different merit system
5) Career Officers
- Other than those belonging to Career Executive
Service, appointed by President, e.g. foreign service
6) Personnel of GOCC w/ original charters
7) Permanent laborers (skilled, semi-skilled or
unskilled)
c. Incumbents of positions which are declared to
be CES positions for the first time who hold
permanent appointments shall remain under
permanent status in their position. Upon promotion
or transfer to other CES positions, these incumbents
shall be under temporary status in said other CES
positions until qualify,
d. Mere fact that a position belongs to the CES
does not automatically confer security of tenure on
the applicant. Such right will have to depend on the
nature of his appointment which depends on his
eligibility or lack of it.
e. A person who does not have the requisite
qualifications for the position cannot be appointed.
- Exception: acting capacity in the absence of
appropriate eligibles.
f. Security of Tenure in the CES – pertains only to
RANK and not to the office or the position to which
they may be appointed.
1) Career executive service eligibility
2) Appointment to the appropriate career executive
service rank
2. Non-Career Service
a. Description
- Entrance on bases other than those of the usual
tests utilized for the career service
- Tenure
1) limited to a period specified by law or
 Nachura Notes – Constitutional Law
2) which is co-terminous with that of the
appointing authority or
3) subject of his pleasure or
4) which is limited to the duration of a particular
project for which purpose the employment was
made.
b. Includes:
1) Elective officials, personal and confidential staff
2) Department Heads and officials of Cabinet rank
who holds office at the pleasure of the President,
personal and confidential staff
3) Chairmen and members of commissions/boards
w/ fixed terms of office, personal and confidential
staff
4) Contractual personnel/ those whose employment
in government is in accordance with a special
contract to undertake a specific work or job
requiring special or technical skills not available in
employing agency, to be accomplished within a
period not exceeding 1 year, under his own
responsibility, with minimum direction and
supervision
5) Emergency and seasonal personnel
- Under Administrative Code, the CSC is
expressly empowered to declare positions in the CS
as primarily confidential.
- Enumeration in the Civil Service decree, which
defined the non-career service is not an exclusive
list
Appointments in Civil Service
- According to merit and fitness to be determined,
as far as practicable by competitive examination
- Except to positions which are:
1) Policy-determining
2) Primarily confidential or
3) Highly technical
- Principles
1) Classification of a particular position as policy-
determining, primarily confidential or highly
technical amounts to no more than an executive or
legislative declaration that is not conclusive upon
the courts, the true test being the nature of the
position
2) The exemption provided pertains only to
exemption from competitive examination to
determine merit and fitness to enter the civil service
59
- Exempt from competitive examination to
determine merit and fitness:
1) Policy-determining
 Officer lays down principal or fundamental
guidelines or rules
 E.g. department head
2) Primarily confidential
 Not only confidence in the aptitude if the
appointee for the duties of the office but primarily
close intimacy which ensures freedom of
intercourse without embarrassment or freedom from
misgivings or betrayal on confidential matters of
state
 NATURE of the position which determined
whether a position is primarily confidential, policy-
determining or highly technical
 “proximity rule” – can be considered as
confidential employee if the predominant reason
why he was chosen by the appointing authority was
the latter’s belief that he can share a close intimate
relationship with the occupant which ensures
freedom of discussion without fear of
embarrassment or misgivings of possible betrayals
of personal trust or confidential matters of the State.
 Where the position occupied is remote from that
of the appointing authority, the element of trust
between them is no longer predominant, and cannot
be classified as primarily confidential.
3) Highly technical – requires possession of
technical skill in a superior degree.
Discretion of the Appointing Authority
 Where the appointee possesses the minimum
qualification requirements prescribed by law for the
position, the appointing authority has discretion
who to appoint.
 Even if officers and employees in the career
service of the Civil Service enjoy preference in the
promotion, it is not mandatory that the vacancy be
filled by promotion.
 Discretion of the appointing authority is not
only in the choice of the person who is to be
appointed, but also in the nature or character of the
appointment issued.
 CSC cannot convert temporary appointment to a
permanent one  arrogation of power belonging to
appointing authority.
 Nachura Notes – Constitutional Law
 May approve as merely temporary an
appointment intended to be permanent when the
appointee does not possess the requisite eligibility
and the exigency of the service demands that the
position be filled even in a temporary capacity.
Role of the CSC
 Check if the appointee possesses the
qualifications and appropriate eligibility; if he does,
appointment is approved; if he doesn’t, appointment
is disapproved.
 Selection or placement is made through the
Placement Committee, the members of which are
the representatives of the head of the agency as well
as representatives of the employees. Said
Committee’s work is merely recommendatory.
 Appointment should be submitted to the CSC
w/in 30 days from issuance; otherwise, it shall be
ineffective.
 CSC Memorandum Circular – only the
appointing authority has the right to challenge the
CSC’s disapproval of an appointment.
 Abella, Jr. vs. CSC  both the appointing
authority and the appointee are the real parties in
interest and both have legal standing
 Challenge to the appointing authority’s
discretion
 While appointee has no vested right to the
position, it was his elgibility that was being
questioned; he has a personal stake in the outcome
Disqualifications
1) Lost in any election within 1 year preceding the
appointment
2) Elective official during tenure
3) Appointive official, except when allowed by
law or the primary functions of his position
 Ex-officio capacity
Security of Tenure
- Removed and suspended for case provided by
law.
- Ground, procedure for investigation and the
discipline of career service officers and EEs 
Career Service Law; Non-compliance constitutes
denial of the right to security of tenure
- Presidential appointee  direct disciplinary
authority of the President
60
- Reassignment does not offend the constitutional
guarantee
- Reinstatement – deemed not to have left his
office; entitled to payment of back salaries,
notwithstanding silence.
 Payment of back wages during the period of
suspension of a civil servant who is subsequently
reinstated is proper only if he is found innocent of
the charges and the suspension is unjustified.
 BUT where the reinstatement is ordered not as a
result of exoneration but merely as an act of
liberality, the claim for back wages was not
allowed. It follows the general rule that the public
official is not entitled to compensation if he has not
rendered any service.
- Valid abolition of office does not violate the
constitutional guarantee of security of tenure.
- ROC, career service officer or employee who
has been unlawfully ousted from his office has 1
year within which to file an action in court to
recover office.
 Exception: Cristobal vs. Melchot  grounds of
equity
- Appellate jurisdiction of the CSC only over
Merit System Protection Board’s decisions in
administrative disciplinary cases involving the
imposition of the penalty of suspension, fine,
demotion in rank or salary, transfer, removal,
dismissal from office – not over MSPB decision
exonerating the accused. Only by the party
adversely affected (Not ER).
- He who, while occupying one office, accepts
another incompatible with the first, ipso facto
vacates the first office and his title thereto is thereby
terminated without any other act of proceeding.
 Canonizado vs. Aguirre: accepted another
position while case questioning the law that
removed him from his first position was still
pending.
Partisan Political Activity – no officer or employee
in the civil service shall engage, directly or
indirectly, in any electioneering or partisan political
campaign
 Except to vote
 Does not prevent expression of views regarding
political problems or mention the names of the
public officers he supports
 Nachura Notes – Constitutional Law
 Applicable to military establishments  only to
those in the active military service, not to reservists
 Exemptions:
1. members of the Cabinet
2. public officers and employees holding political
offices
 The above 2 are allowed to take part in political
and electoral activities, except to solicit
contributions from their subordinates or commit
acts prohibited under the Election Code.
The right to Self-organization shall not be denied to
government employees
 May not engage in strikes to demand changes in
the terms and conditions of employment because
such are provided for by law.
Temporary employees of the Government shall be
given such protection as may be provided by law.
Standardization of Compensation
 Provided for by Congress (and also qualification
required fir their positions)
Double Compensation
 No elective or appointive public officer or
employee shall receive additional, double or
indirect compensation, UNLESS specifically
authorized by law,
 Nor accept without the consent of Congress, any
present, emoluments office or title of any kind from
any foreign government.
 Pensions and gratuities shall not be considered
as additional, double or indirect compensation.
 Retiree can continue to receive such
pension/gratuity even after he accepts another
government position to which another
compensation is attached.
Oath of Allegiance – shall take an oath or
affirmation to uphold and defend this Constitution
COMMISSION ON ELECTIONS
Composition
- Chairman
- 6 Commissioners
61
Qualifications
1. Natural-born
2. at the time of the appointment at least 35 years
old
3. holder of a college decree
4. not have been candidates in the immediately
preceding election
5. majority, including the chairman, must be
member of the Philippine Bar who have been
engaged in the practice of law for at least 10 years.
Term
- Appointed by the President with the consent of
the Commission on Appointments
- Term of 7 years, without reappointment
- In no case shall any member be appointed or
designated in temporary or acting capacity.
En Banc and Division cases
 It may sit en banc of in 2 division, and shall
promulgate its rules of procedure in order to
expedite disposition of cases, including pre-
proclamation controversies.
 All such election cases shall be heard and
decided in division, provided that motions for
reconsideration of decisions shall be decided en
banc.
 Cases which must first be heard and decided in
division
1. all election cases, including pre-proclamation
contests, originally cognizable by the Commission
2. cancel certificate of candidacy
3. cases appealed from the RTC or MTC (SC may
motu proprio consider question of jurisdiction)
4. petition for certiorari filed with COMELEC
from a decision of the RTC or MTC
 Exceptions:
1. error in tabulation results or tallying of results
by the Board of Canvassers, merely clerical in
nature (petition for correction of manifest errors in
the Statement of Votes)
2. prosecution cases involving violation of election
laws
 The rule that all election cases shall be heard
and decided in division applies only when the
COMELEC exercises its adjudicatory powers or
quasi-judicial functions, not when it exercises
purely administrative functions.
 Nachura Notes – Constitutional Law
COMELEC decisions reviewable by the SC
1. decisions of COMELEC en banc, on certiorari
2. only decision of COMELEC in the exercise of
its adjudicatory or quasi-judicial power may be
brought to SC on certiorari
 if merely administrative in character  ordinary
civil action before trial courts
COMELEC en banc shall promulgate rules
concerning pleadings and practice before it or
before any of its offices, but they must not diminish,
increase or modify substantive rights
 subject to the rule that rules of procedure of
special courts and quasi-judicial bodies shall remain
effective unless disapproved by the SC
 rules on civpro regarding demurrer to evidence
cannot apply to election cases, even by analogy in
suppletory character.
 Authority to suspend reglamentary periods
provided by its rules, or the requirement of NFS, in
the interest of justice and speedy resolution of
cases. It is not constrained to dismiss a case on the
ground of non-payment of filing fees.
 Fingerprinting of chairman and members of the
Board of Election Inspectors is an internal matter
and may be done even without prior notice.
Constitutional Powers and Functions
1) Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite,
initiative, referendum or recall
2) Exclusive original jurisdiction
a. All contests relating to the elections, returns and
qualifications of all elective regional, provincial and
city officials.
Exclusive appellate jurisdiction
b. All contests involving elective municipal
officials decide by RTC
c. Elective barangay officials decided by MTC
3) Decide all questions relating to elections
 Determination of the number and location of
polling places
 Appointment of election officials and inspectors
 Registration of voters
 EXCEPT: right to vote
4) Deputize law enforcement agencies and
instrumentalities for the exclusive purpose of
62
ensuring free, orderly , honest and peaceful and
credible elections, with concurrence of President
5) Accredit Citizen’s Arm and Register political
parties, coalitions or organizations
 After sufficient publication
 Present platform/program of government
6) File petition in court for the inclusion/exclusion
of voters, upon verified complaint or in its own
initiative; investigate and/or prosecute cases for
violations of election laws
7) Recommend to Congress effective measures to
minimize election spending, limitation of places
where propaganda materials shall be posted and to
prevent and penalize all forms of election frauds,
offenses, malpractice and nuisance candidates
8) Submit to the President and Congress a
comprehensive report on the conduct of each
election, plebiscite initiative, referendum or recall
Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite,
initiative, referendum or recall
 Initiative: power of the people to propose
amendments to the Constitution or to propose and
enact legislation through an election called for the
purpose.
 Referendum: power of the electorate to approve
or reject legislation through an election called for
the purpose
 Recall: termination of official relationship of a
local elective official for loss of confidence prior to
the expiration of his term through the will of the
electorate
 Plebiscite: submission of constitutional
amendments or important legislative measures to
the people for ratification.
1) Broad powers – promulgate rules and
regulations in the enforcement of laws relative to
elections
 Enforcement of provisions of the Omnibus
Election Code  exclusive jurisdiction of the
COMELEC
 Includes the ascertainment of the identity of a
political party and its legitimate officers
 Does not authorize the COMELEC, motu
proprio, without the proper proceedings, to deny
due course to cancel a certificate of candidacy filed
in due form.
 Nachura Notes – Constitutional Law
 Election and contests involving election of
Sangguniang Kabataan elections do NOT fall within
jurisdiction of the COMELEC  DILG
 Authority to annul results of plebiscite (through
pre-proclamation case of revision of ballots)
2) Regulatory power over media of transportation,
communication and information
 to ensure equal opportunity, time, space, right to
reply, etc.
 during election period
 exercised only over the media, not over
practitioners of media
3) No pardon, amnesty, parole, etc, for violation of
election laws shall be granted by the President
without its favorable recommendation
4) COMELEC cannot exercise power of
apportionment
5) Power to declare failure of election
 The election in any polling place has not been
held on the date fixed on account of force majeure,
violence, terrorism, fraud or other analogous case
 The election in any polling place has 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 case
 After the voting and during the preparation and
transmission of the election returns or in custody or
canvas, such election results in a failure to elect on
account of force majeure, violence, terrorism, fraud
or other analogous case.
 Petition must show, on its face
1) No voting has taken place in the precint on the
sate fixed by law or even if there was voting, the
result nevertheless results in a failure to elect
2) Votes not cast would affect the result of the
election
6) Not authorized to make an unofficial quick
count of presidential election results
Exclusive original jurisdiction
 All contests relating to the elections, returns
and qualifications of all elective regional,
provincial and city officials.
Exclusive jurisdiction over pre-proclamation cases
 Possible conflict with HR/S ET foreclosed by
Section 15, RA 7166  prohibits pre-proclamation
controversies in national offices (EXCEPT on
63
question involving the composition and proceedings
of the Board of Canvassers)
 ET over a member  only after proclamation
COMELEC without the power to partially/totally
annul a proclamation or to suspend the effects of a
proclamation without notice and hearing 
violation of due process clause
Power to issue writs of prohibition, certiorari, etc.
 In the exercise of its exclusive appellate
jurisdiction
Exclusive appellate jurisdiction
 All contests involving elective municipal
officials decide by RTC
 Elective barangay officials decided by MTC
 Decisions shall be final, executory and
unappealable
 Appeal to the COMELEC from RTC must be
filed within 5 days from receipt of a copy of the
decision.
 MR of RTC decision is a prohibited pleading
and does not interrupt running of period for appeal.
 Mere filing of notice of appeal is not sufficient,
must be accompanied by payment of correct amount
of appeal fee.
 Permissive – COMELEC may give due course,
and the subsequent payment cures the procedural
defect.
Execution Pending Appeal
 COMELEC cannot deprive RTC of its
competence to order the execution of judgment
pending appeal, because the mere filing of an
appeal does not divest the TC of its jurisdiction over
a case.
 Factors:
1) Public interest involved or will of the electorate
2) Shortness of the remaining portion of the term
3) Length of time that the election contest has been
pending
 Strictly construed against the movant being an
exception to the general rule.
 Filed before expiration of the period for appeal.
 Judgments which may be executed pending
appeal need not only be those rendered by the TC,
but by the COMELEC as well.
 Nachura Notes – Constitutional Law
Decide all questions relating to elections
 As an incident to its duties concerning
registration of voters, it may decide a question
involving the right to vote, but decision shall be
subject to judicial review.
 Exercising purely administrative power  may
not punish for contempt
Deputize law enforcement agencies and
instrumentalities for the exclusive purpose of
ensuring free, orderly, honest and peaceful and
credible elections, with concurrence of President
 May recommend to the President the removal of
any officer it has deputized, or the imposition of any
other sanction for disobedience, violation or
disregard of its orders.
Accredit Citizen’s Arm and Register political
parties, coalitions or organizations
 Authority to promulgate the necessary rules to
enforce and administer all election laws includes the
determination of appropriate periods for the
accomplishment of pre-election acts, e.g. filing
petitions for registration under the party-list system.
File petition in court for the inclusion/exclusion of
voters, upon verified complaint or in its own
initiative; investigate and/or prosecute cases for
violations of election laws
 Finding of probable cause in the prosecution of
election offenses rests in the COMELEC’s sound
discretion
 Includes the authority to decide whether or not
to appeal the dismissal of a case by the TC.
Recommend to Congress effective measures to
minimize election spending, limitation of places
where propaganda materials shall be posted and to
prevent and penalize all forms of election frauds,
offenses, malpractice and nuisance candidates
Submit to the President and Congress a
comprehensive report on the conduct of each
election, plebiscite initiative, referendum or recall
Statutory Powers of the COMELEC
64
1) Exercise supervision and control over official
required to perform duties relative to the conduct of
elections
2) Promulgate rules and regulations
3) Punish contempt
4) Inquire into financial records of candidates,
groups, etc.
5) Prescribe forms to be used in elections
6) Procure supplies and materials needed for
elections
7) Enlist non-partisan groups to assist it
8) Fix periods for pre-election requirements
9) Power to declare failure of election; call for
special election
10) Exclusive original jurisdiction over all pre-
proclamation cases
Power to declare failure of election; call for special
election
 Sitting en banc and by a majority vote of its
members
 Motu proprio or upon a verified petition
 Hearing of the case shall be summary in nature
 Petition to declare a failure of election is neither
an election protest nor a pre-proclamation
controversy
 Validity of an election, it is essential that the
voters have notice in some form, either actual or
constructive, of the time, place and purpose.
 Time must be authoritatively designated in
advance
 Stricter in cases of special election, at least there
must be substantial compliance
 In fixing date of special election:
1) Should not be later than 30 days after the
cessation of the cause of the postponement or
suspension of the election or failure to elect
 Not absolute; directory
 Residual powers to conduct special elections
even beyond the deadline prescribed
2) Reasonably close to the date of the election not
held, suspended, or which resulted in failure
 No law which provides for a reglementary
period within which to file a petition for the
annulment of an election if there has been no
proclamation yet
 Nachura Notes – Constitutional Law
 Legally remain in office in “hold-over” capacity
until successors have been elected and qualified
(LGC limits term of barangay officials to 3 years)
Exclusive original jurisdiction over all pre-
proclamation cases
 GR: COMELEC restricted, in ore-proclamation
cases, to an examination of the election returns on
their face and is without jurisdiction to go beyond
them and investigate election irregularities.
 Exception: duty-bound to investigate allegations
of fraud, terrorism, violence and other analogous
cases in an action for annulment of election results
or for a declaration of failure of elections. (may
conduct technical examination of election
documents and analyze signatures and fingerprints
in order to determine whether the election has been
free, honest and clean)
Party-System - a free and open party-system shall
be allowed to evolve according to the free choice of
the people
 Votes cast in favor of political party,
organization or collation that are REGISTERED.
 Entitled to appoint poll watchers in accordance
with law.
Election Period
 Commence 90 days before the day of the
election and shall end 30 days thereafter
 Exception: period fixed by COMELEC in
special cases
Judicial Review of COMELEC Decisions
 Petition for certiorari (R65)
 Filed with SC
 w/in 30 days from receipt of decision of
COMELEC en banc
COMMISSION ON AUDIT
Composition
- Chairman
- 2 Commissioners
Qualifications
1. Natural-born
2. at least 35 years old
65
3. CPAs with not less than 10 years of auditing
experience OR members of the Philippine Bar with
at least 10 years practice of law
4. not have been candidates in the election
immediately preceding the appointment
5. no time shall ALL members belong to the same
profession
Term
- Appointed by the President with the consent of
the Commission on Appointments
- Term of 7 years, without reappointment
Powers and Duties
1. Examine, audit and settle all accounts pertaining
to the revenue and receipts of, and expenditures or
uses of funds and property owned or held in trust or
pertaining to the Government
2. Keep the general accounts of Government and
preserve vouchers and supporting papers for such
period as provided by law
3. authority to define the scope of its audit and
examination, establish techniques and methods
required therefore
4. Promulgate accounting and auditing rules and
regulations, including those for the prevention and
disallowance of irregular, unnecessary, expensive,
extravagant or unconscionable expenditures or uses
of government funds or property
Examine, audit and settle all accounts pertaining to
the revenue and receipts of, and expenditures or
uses of funds and property owned or held in trust or
pertaining to the Government
 Post-audit basis
1. Constitutional Commissions and bodies/offices
granted fiscal autonomy
2. autonomous state colleges and universities
3. GOCCs and subsidiaries – with or without
original charter
4. Non-governmental entities receiving subsidy or
equity
 Temporary or special pre-audit
 Duty to pass in audit a salary voucher is
discretionary
 Exception: authority of Auditor General is
limited to auditing (whether 1) there is a law
appropriating funds for a given purpose, 2) goods or
services have been delivered, 3) payment has been
 Nachura Notes – Constitutional Law

authorized)  presence of all, duty to pass a

voucher in audit becomes MINISTERIAL. XIII. ACCOUNTABILITY OF PUBLIC
 COA may validly veto appropriations which OFFICERS
violated rules on unnecessary, irregular or
unconscionable expenses, under 1987 Constitution. Statement of Policy
 Public office is a public trust.
Keep the general accounts of Government and  Public officers and employees must at all times
preserve vouchers and supporting papers for such be accountable to the people,
period as provided by law  Serve them with utmost responsibility, integrity,
Authority to define the scope of its audit and loyalty and efficiency,
examination, establish techniques and methods  Act with patriotism and justice
required therefore  And lead modest lives.
 EXCLUSIVE
1. Power to define the scope of its audit Impeachment
2. Promulgate auditing rules and regulations  National inquest into the conduct of public men
3. Power to disallow unnecessary expenditures  Impeachable Officers
 NOT Exclusive  power to examine and audit 1. President
2. Vice President
Promulgate accounting and auditing rules and 3. Chief Justice
regulations, including those for the prevention and 4. Associate Justices of SC
disallowance of irregular, unnecessary, expensive, 5. Chairmen and Members of ConCom
extravagant or unconscionable expenditures or uses 6. Ombudsman
of government funds or property * enumeration is exclusive
 COA may stop the payment of the price  Impeachable officer who is a member of the
stipulated in the government contracts when found Philippine Bar cannot be disbarred without first
to be irregular, extravagant or unconscionable. being impeached.
 Grounds:
 May prohibit the use of government vehicle by
officials who are provided with transportation 1. Culpable violation of the constitution
allowance. 2. treason
3. bribery
Jurisdiction of the Commission 4. graft and corruption
5. other high crimes
 No law shall be passed exempting any entity of
6. betrayal of public trust
Government or any investment of public funds from
* enumeration is exclusive
the jurisdiction of the Commission on Audit
 Procedure for Impeachment – Congress shall
 Water districts are subject to jurisdiction of
promulgate its rules
COA
1. Initiating Impeachment Case
 Authority to investigate whether  House of Representative shall have the
directors/officials/employees of GOCCs, receiving exclusive power to initiate all cases of
additional allowances and bonuses are entitled to impeachment.
such.  Deemed initiated when the complaint (with
 Failure of bidding: accompanying resolution of indorsement) has been
1. only one offeror filed with the House of Representatives and referred
2. all the offers are non-complying or unacceptable to the appropriate Committee.
– does not speak of accepted bids but of offerors,  Initiated by
without disctinction as to whether they are qualified 1. any Member of the House of Representatives
or not. OR
2. by any citizen upon a resolution of endorsement
XII. LOCAL GOVERNMENT by any Member
66
 Nachura Notes – Constitutional Law
 Included in the order of business w/in 10 session
days and referred to the proper Committee w/in 3
session days.
 If the verified complaint is filed by at least 1/3
of all the members of the House, the same shall
constitute the Articles of Impeachment and the trial
by Senate shall forthwith proceed (no need to refer
the same to the proper Committee)
 The Committee, after hearing, and by a majority
vote of all its members, shall submit its report to the
House w/in 60 session days
 A vote of at least 1/3 of all the members of the
House shall be necessary to affirm a favorable
resolution with the Articles of Impeachment of the
Committee, or override its contrary resolution.
 The vote of each member shall be recorded.
2. Limitations on initiating Impeachment Case
 Not more than once within a period of 1 year
against the same official.
3. Trial and Decision
 The Senate shall have the sole power to try and
decide all cases of impeachment.
 The Senators shall be on oath or affirmation.
 President is on trial, the Chief Justice of the SC
shall preside, but shall not vote.
 A decision of conviction must be concurred in
by at least 2/3 of all members of the Senate.
4. Effect of Conviction
 Removal from office and disqualification to
hold office.
 Party convicted shall be liable and subject to
prosecution, trial and punishment according to law.
THE SANDIGANBAYAN
 Anti-graft court
Composition
 1 Presiding Justice
 8 Associate Justices
 With the rank of the Justice of the CA
 Sits in 3 divisions of 3 members each
Jurisdiction
 Following must concur:
1. violation of RA 3019, RA 1379, Chapter 2
Section 2 Title 7 Book II of RPC, Eos 1, 2, 14 and
14-A or other offenses of felonies whether simple or
complexed with other crimes;
67
2. offender is public official or employees holding
any of the positions enumerated in par a Sec 4 RA
8249; and
3. offenses committed in relation to the office
 Only instance when Sandiganbayan may
exercise jurisdiction over a private individual is
when the complaint charges him either as a co-
principal, accomplice or accessory of a public
officer who has been charged with a crime within
the jurisdiction of the Sandiganbayan.
 Whether or not the Sandiganbayan or the RTC
has jurisdiction shall be determined by the
allegations in the information specifically on
whether or not the acts complained of were
committed in relation to the official functions of the
accused.
 Required that the charge be set forth with
particularity as will reasonable indicate that the
exact offense which the accused is alleged to have
committed is one in relation to his office.
 Ramification of Section 7, RA 8249
1. if the trial of the cases pending before whatever
court has already begun as of the approval of RA
8249, the law does not apply;
2. if trial of cases pending before whatever court
has not begun as of the approval of RA 8249, then
the law applies and the rules are:
a. if SB has jurisdiction over a case pending before
it, then it retains jurisdiction
b. if SB has no jurisdiction over a case pending
before it, case shall be referred to the regular courts
c. if SB has jurisdiction over a case pending before
a regular court, the latter loses jurisdiction and the
same shall be referred to the Sandiganbayan
d. if a regular court has jurisdiction over a case
pending before it, then said court retains jurisdiction
Decision/Review
 Unanimous vote of all 3 members required for
the pronouncement of judgment by a division.
 Decisions of the Sandiganbayan shall be
reviewable by the SC on petition for certiorari
 Mandatory for the Sandiganbayan to suspend
any public officer against whom a valid information
charging violation of that law, or any offense
involving fraud upon the government or public
funds or property is filed. (RA 3019)
 Nachura Notes – Constitutional Law
 The appellate jurisdiction of the SC over
decisions and final orders of the Sandiganbayan is
limited to questions of law.
THE OMBUDSMAN
 Tanodbayan
Composition
 One overall Deputy
 At least one deputy for Luzon, Visayas and
Mindanao
 Separate deputy for the military establishment
may likewise be appointed
Qualifications
1) Natural-born
2) At least 40 years of age
3) Recognized probity and independence
4) Members of the Philippines Bar
5) Must not have been candidates for any elective
office in the immediately preceding election
6) Ombudsman must have been a judge or engaged
in the practice of law for 10 years or more
Appointment of the Ombudsman and his Deputies
 By President
 From a list of 6 nominees prepared by the
Judicial and Bar Council
 From a list of 3 nominees for every vacancy; all
vacancies must be filled in 3 months.
Term of Office
 7 years without reappointment
Rank and Salary
 Rank of Chairman and Members of the
ConCom
 Receive the same salary which shall not be
decreased during their term of office
Fiscal Autonomy
Disqualifications/Inhibitions – During their tenure
shall:
1) Not hold any other office or employment
2) Not engage in the practice of any profession or
in the active management or control of any business
which may in any way be affected by the functions
of his office
68
3) Not be financially interested, directly or
indirectly, in any contract with, or in any franchise
or privilege granted by the Government
4) Not be qualified to run for any office in the
election immediately succeeding their cessation
from office
Powers and Duties
 jurisdiction of the Ombudsman over
government-owned or controlled corporations, 3
Requisites:
1) agency organized as a stock or non-stock
corporation
2) vested with functions relating to public needs,
whether government or proprietary
3) owned by the Government directly or through
its instrumentalities, either wholly or, where
applicable as in the case of stock corporations, to
the extent of at least 51% of capital stock
 Special Prosecutor may prosecute before the
Sandiganbayan judges accused of graft and
corruption, even if they come under the
administrative supervision of the SC.
 Tanodbayan could review and reverse the
findings of the City Fiscal and order him to
withdraw certain charges, inasmuch as the
President’s power of control is exercised not by the
Secretary of Justice but by the Tanodbayan because
the offense/s charged were allegedly committed by
a public functionary in connection with his office.
 For purposes of initiating a preliminary
investigation before the Office of the Ombudsman,
a complaint “in any form or manner” is sufficient.
 Ombudsman or his deputy is authorized to
preventively suspend any officer or employee under
his authority pending an investigation irrespective
of whether such officer or employee is employed in
the Office of the Ombudsman or in any other
government agency.
 Whether evidence of guilt is strong to warrant
preventive suspension is left to the determination of
the Ombudsman. There is no need for preliminary
hearing.
 Congress can, by statute, prescribe other
powers, functions and duties to the Ombudsman.
 He may utilize the personnel of his office to
assist in the investigation of the cases, the
Ombudsman may refer cases involving non-military
 Nachura Notes – Constitutional Law
personnel for investigation by the Deputy
Ombudsman for Military Affairs.
 Power to cite for contempt; exercised by the
Ombudsman while conducting preliminary
investigation because preliminary investigation is
an exercise of quasi-judicial functions.
 Appeals shall be made to the CA in accordance
with R43.
 “any illegal act or omission of any public
official” is broad enough to embrace any crime
committed by a public official or employee.
 Power of the Ombudsman to investigate and to
prosecute, as granted by law, is plenary and
unqualified.
 The authority of the Ombudsman to investigate
is not an exclusive authority, but rather a shared or
concurrent authority with the Department of Justice
Panel of Investigators, “in respect of the offense
charged”
 It is not for the court to review the
Ombudsman’s paramount decision in prosecuting or
dismissing a complaint filed before his office.
 Exception: grave abuse of discretion on the part
of the Ombudsman in either prosecuting or
dismissing a case before it is evident.
 Case law holds that the Court is loathe to
interfere with the exercise by the Ombudsman of its
powers.
 While the Office of the Ombudsman has the
discretion to determine whether an information
should be withdrawn and a criminal case should be
dismissed, and to move for the withdrawal of such
information or dismissal of a criminal case, the final
disposition of the said motion and of the case is
addressed to the sound discretion of the
Sandiganbayan, subject only to the caveat that the
action of the Sandiganbayan must not impair the
substantial rights of the accused and the right of the
people t due process of law.
 RA 1405 (Law on Secrecy of Bank Deposit) –
before an in camera inspection of bank accounts
may be allowed:
1) there must be a pending case before a court of
competent jurisdiction
2) account must be clearly identified
3) inspection limited to the subject matter of the
pending case before the court
4) bank personnel and account holder must be
notified to be present during the inspection
69
5) inspection may cover only the account identified
in the pending case
 investigation being done by the Ombudsman is
NOT one before a court of competent jurisdiction
 Ombudsman has no authority to directly dismiss
a public officer from government service
 Can only recommend to the officer concerned
the removal of a public officer or employee found
to be administratively liable
 HOWEVER the refusal, without just cause, of
any officer to comply with such an order of the
Ombudsman to penalize an erring officer or
employee is a ground for disciplinary action.
 Special Prosecutor
 Existing Tanodbayan (at the time of the
adoption of the 1987 Constitution) shall be known
as the Special Prosecutor.
 It shall continue to function and exercise its
powers as now or hereafter provided by law, except
those conferred to the Office of the Ombudsman.
Ill-gotten Wealth
 Right of the State to recover properties
unlawfully acquired by public officials or
employees, from them or from their nominees or
transferees, shall not be barred by prescription,
laches or estoppel.
 Applies only to civil actions for recovery of ill-
gotten wealth and not to criminal cases.
Restriction on Loans
 No loan, guaranty or other form of financial
accommodation for any business purpose may be
granted directly or indirectly by any government
owned or controlled bank or financial institution to
(during their tenure):
1) President
2) VP
3) Members of the Cabinet
4) Congress
5) SC
6) ConCom
7) Ombudsman
8) Any firm or entity in which they have
controlling interest
Statement of Assets, Liabilities and Net Worth
 Nachura Notes – Constitutional Law
 A public officer or employee shall, upon
assumption of office and as often as may be
required by law, submit a declaration under oath of
his assets, liabilities and net worth.
 Declaration shall be disclosed to the public in
the manner provided by law in case of:
1) President
2) VP
3) Members of the Cabinet
4) Congress
5) SC
6) ConCom
7) Other constitutional offices
8) Officers of the armed forces of general or flag
rank
Allegiance to the State and to the Constitution
 Any public officer or employee who seeks to
change his citizenship or acquire the status of an
immigrant of another country during his tenure shall
be dealt with by law.
XIV. NATIONAL ECONOMY AND
PATRIMONY
Goals
1. equitable distribution of opportunities, income
and wealth
2. sustained increase in amount of goods and
services, produced by the nation for the benefit of
the people
3. expanding productions as the key to raising the
quality of life
For attainment of these goals, the State shall:
 Promote industrialization and full employment
based on sound agricultural development and
agrarian reform, through industries that make full
and efficient use of human and natural resources
and which are competitive in both domestic and
foreign markets.
 State shall protect Filipino enterprises from
unfair competition and trade practices.
Natural Resources
 All lands of public domain, waters, mineral,
coal, petroleum and other mineral oils, all forces of
potential energy, fisheries, forests or timber,
70
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.
 Regalian Doctrine: all agricultural, timber and
mineral lands are subject to the dominion of the
State.
 Before any land may be classified from the
forest group and converted into alienable or
disposable land from agricultural or other purposes,
there must be positive act from the Government.
 Absence of proof that property is privately
owned, the presumption is that it belongs to the
State.
 Any possession, no matter how lengthy, cannot
ripen into ownership. And all lands not otherwise
appearing to be clearly within private ownership are
presumed to belong to the State.
 Tasks of administering and disposing lands of
public domain belongs to the Director of Lands and
ultimately the Secretary of DENR.
 The classification of public lands is an exclusive
prerogative of the Executive Department through
the Office of the President. In the absence of
classification, the land remains unclassified public
land until released and rendered open for
disposition.
 Forest land is not capable of private
appropriation and occupation in the absence of a
positive act of the Government declassifying it into
alienable and disposable.
Imperium: government authority possessed by the
State, embraced in sovereignty and its capacity to
own and acquire property.
Dominium: lands held by the State in its proprietary
character. It may provide for the exploitation and
use of lands and other natural resources, including
their disposition, except as limited by the
Constitution.
Citizenship Requirements
1. Co-production, joint venture or production
sharing agreements for exploration, development
and utilization of natural resources
 Filipino citizens
 Nachura Notes – Constitutional Law
 Corporations at least 60% of whose capital is
Filipino-owned
 Agreements shall not exceed 25 years,
renewable for another 25
2. Use and enjoyment of the nation’s marine
wealth
 Exclusively to Filipino citizens
 Protect the rights of subsistence fishermen,
especially of local communities to the preferential
use of the communal marine and fishing resources,
both inland and offshore.
 “Marginal Fisherman” – individual engaged in
fishing whose margin of return or reward from his
harvest of fish, as measured by existing price levels,
is barely sufficient to yield a profit or cover the cost
of gathering the fish.
 “Subsistence Fishermen” – catch yields but the
irreducible minimum for his livelihood.
 LGC defined “marginal farmer or fisherman” -
engaged in the subsistence farming or fishing which
shall be limited to the sale, barter or exchange of
agricultural or marine products.
 Preferential right granted to them is not
absolute.
3. Alienable lands of public domain
 Filipino citizens may acquire not more than 12
hectares by purchase, homestead or grant OR lease
more than 500 hectares
 Private corporation may lease not more than
1,000 hectares for 25 years, renewable for another
25 years
4. Certain areas of investment (as Congress shall
provide when national interest so dictates)
 Filipino citizens
 Corporations at least 60% of whose capital is
Filipino-owned
 Congress may prescribe higher percentage of
Filipino ownership
 Filipino First Policy
o positive command which is complete in itself
o needs no further guidelines or implementing
rules or laws for its operation
o per se enforceable
o Filipinos should be preferred and when the
Constitution declares that a right exists in certain
specified circumstances, an action may be
maintained to enforce this right.
71
5. Franchise, certificate or authorization for the
operation of a public utility
 Citizens of the Philippines
 Corporations at least 60% of whose capital is
Filipino-owned
 Franchise, certificate or authorization shall not
be exclusive nor for a period for more than 50
years, and shall be subject to amendment, alteration
or repeal by Congress. All executive and managing
officers must be Filipino citizens.
 No franchisee can demand or acquire
exclusivity in the operation of a public utility.
 Congress does not have the exclusive power to
issue such authorization  also administrative
bodies.
 Franchise for the operation of public utility 
does not require a franchise before one can own the
facilities needed to operate a utility, so long as it
does not operate them to serve the public.
 Public utility: business or service engaged in
regularly supplying the public with some
commodity or service of public consequence.
Implies public use and service.
 All broadcasting, whether radio or television, is
licensed by the Government. They do not own the
airwaves and frequencies and they are merely given
he temporary privilege.
 A franchise is a privilege subject to amendment.
 Joint venture falls within the purview of
association; if it wishes to engage in the business of
operating a public utility, must comply with the 60-
40% Filipino-foreign capitalization requirement.
Classification of Lands of Public Domain
 Lands of public domain are classified into:
1. agricultural
2. forest or timber
3. mineral lands
4. national parks
 Agricultural lands may further be classified by
law according to the uses to which they may be
devoted.
 Congress shall determine by law the size of the
lands of the public domain which may be acquired,
developed, held or leased and conditions therefore.
 The classification of public lands is a function
of the executive branch of the Government –
Director of the Land Management Bureau.
 Nachura Notes – Constitutional Law
 The decision of the Director, when approved by
the Secretary of the Department of Environment
and Natural Resources as to questions of fact is
conclusive upon the courts.
 Alienable lands of the public domain shall be
limited to agricultural lands.
 Forest land cannot be owned by private persons.
 It is not registrable and possession thereof, no
matter how lengthy, cannot convert it into private
land, unless the land is reclassified and considered
disposable and alienable.
 Foreshore land is that part of the land which is
between the high and low water, and left dry by the
flux and reflux of the tides. It is part of the alienable
and of the public domain and may be disposed of
only by leased and not otherwise.
 Private corporations or associations may not
hold such alienable lands of the public domain
except by lease.
 It would cease to be public land only upon the
issuance of the certificate of title to any Filipino
citizen qualified to acquire the same.
 1973 Constitution cannot impair vested rights.
Where the land was acquired in 1962 when
corporations were allowed to acquire lands not
exceeding 1,024 hectares, the same may be
registered in 1982.
 The 1987 Constitution prohibits private
corporations from acquiring alienable lands of the
public domain.
 Congress shall determine the specific limit of
forest land and national parks, marking clearly their
boundaries on the ground.
 The State shall protect the rights of indigenous
cultural communities to their ancestral lands to
ensure their economic, social and cultural well
being.
The Stewardship Concept
 The use of property bears a social function, and
all economic agents shall contribute to the common
good, individuals and private groups, including
corporations, cooperatives and similar collective
organizations, shall have the right to own, establish
and operate economic enterprises, subject to the
duty of the State to promote distributive justice and
to intervene when the common good so demands.
72
 The State shall apply the principles of agrarian
reform or stewardship, whenever applicable, in the
disposition or utilization of other natural resources.
 Including lands of the public domain under
lease or concession suitable to agriculture, subject
to prior rights, homestead rights of small settlers,
and the rights of indigenous communities to their
ancestral lands.
 The State may resettle landless farmers and
farm workers in its own agricultural estates which
shall be distributed to them in the manner provided
by law.
Private Lands
- Private lands shall be transferred or conveyed to
individuals, corporations or associations qualified to
acquire or hold lands of the public domain.
- Exception: in cases of hereditary succession
- Any sale or transfer in violation of the
prohibition is null and void.
- Being an alien, disqualified from acquiring and
owning real property.
 Neither can petitioner recover the money he had
spent for the purchase.
 Equity, as a rule, will follow the law, and will
not permit to be done indirectly that which, because
of public policy, cannot be done directly.
- Action to recover the property sold filed by the
former owner will lie, the pari delicto ruling having
been abandoned.
- The lease for 99 years with a 50-year option to
purchase the property if and when Wong Heng
would be naturalized is a virtual surrender of all
rights incident to ownership and therefore invalid.
(PNB vs. Lui She)
- Land tenure is not indispensable to the free
exercise of religious profession and worship.
 A religious corporation, controlled by non-
Filipinos, cannot acquire and own lands even for a
religious use or purpose.
 For a religious corporation sole to acquire lands,
it must appear that at least 60% of the faithful or its
members are citizens of the Philippines in order to
comply with the citizenship requirement.
 This is so regardless of the citizenship of the
incumbent inasmuch as a corporation sole is merely
an administrator of the temporalities or properties
titled in its name and for the benefit of its members.
 Nachura Notes – Constitutional Law
- Land sold to an alien which was later transferred
to a Filipino citizen – or where the alien later
becomes a Filipino citizen can no longer be
recovered by the vendor because ether is no longer
any public policy involved.
- Exceptions to the Rule:
1. Hereditary Succession
 Exception: testamentary disposition
2. A natural born citizen of the Philippines who
has lost his Philippine citizenship may be a
transferee of private lands
 Filipino citizen may acquire 5,000 square
meters of urban land
 Filipino citizen may acquire 3,000 hectares of
rural land
 May be used for residence, business and for
other purposes.
3. Americans hold valid title to private lands as
against private persons
 Titles to private lands acquired by such persons
before such date (July 3, 1974) shall be valid as
against private persons only) – Transitory Provision
of the 1973 Constitution.
 Previous owner may no longer recover land
from an American buyer who succeeded in
obtaining title over the land.
 Only the State has the superior right to the land
through the institution of escheat proceeding (as a
consequence of the violation of the Constitution) or
through an action for reversion (as expressly
authorized under the Public Land Act with respect
to lands which formerly formed part of the public
domain).
Remedies to Recover Private Land from
Disqualified Alien
1. Escheat Proceedings
2. Action for Reversion under Public Land Act
 The Director of Lands has the authority and the
specific duty to conduct investigation of alleged
fraud in obtaining free patents and the
corresponding titles to alienable public lands.
 And if the facts warrant, to file the
corresponding court action for the reversion of the
land to the State.
 Imprescriptible.
73
 State, alone, which may institute reversion
proceedings against public lands allegedly acquired
through fraud and misrepresentation.
 Private parties are without legal standing at all
question the validity of respondent’s title.
 Property in dispute is still part of the public
domain, only the State can file suit for
reconveyance of such public land.
 The State can be in estoppel by the mistakes or
errors of its officials or agents.
o Estoppel against the State is not favored; it may
be invoked only in rare and unusual circumstances.
o State may not be allowed to deal dishonorably
or capriciously with its citizens.
o State may be held in estoppel for irregular acts
and mistakes of its officials.
o Republic vs. CA, where the State failed to
correct and recover the alleged increase in the land
area of the titles issued, the prolonged inaction
strongly militates against its cause, tantamount to
laches.
o Laches – failure or neglect, for an unreasonable
and unexplained length of time, to do that which by
exercising due diligence could or should have been
done earlier.
o The negligence or omission to assert a right
within a reasonable time, warranting a presumption
that the party entitled to assert it either abandoned it
or decline to assert it.
3. Action for recovery filed by the former Filipino
owner, the pari delicto ruling having been
abandoned, unless the land is sold to an American
citizen prior to July 3, 1974 and the American
citizen obtained title thereto.
Preference for Filipino Labor, etc.
- The State shall promote the preferential use of
Filipino labor, domestic materials and locally
produced goods, and adopt measures that help make
them competitive.
Practice of Profession
- The practice of all profession shall be limited to
Filipino citizens
- Exception: in cases prescribed by law
Cooperatives
 Nachura Notes – Constitutional Law
- Congress shall create an agency to promote the
viability and growth of cooperatives as instruments
for social justice and economic development.
- RA 6939: An Act Creating the Cooperative
Development Authority
- CDA is devoid of any quasi-judicial authority to
adjudicate intra-cooperative disputes and, more
particularly, disputes related to the election of
officers and directors of cooperatives.
- CDA may conduct hearings and inquiries in the
exercise of its administrative functions.
Monopolies
- Policy: the State shall regulate or prohibit
monopolies when the public interest so requires. No
combinations in restraint of trade or unfair
competition shall be allowed.
- Monopoly – a privilege or peculiar advantage
vested in one or more persons or companies,
consisting in the exclusive right to carry on a
particular business or trade, manufacture a
particular article, or control the sale of a particular
commodity.
- Monopolies are not per se prohibited by the
Constitution but may be permitted to exist to aid the
government in carrying on an enterprise or to aid in
the performance of various services and functions in
the interest of the public.
- Subjected to a higher level of State regulation.
- Desirability of competition is the reason for the
prohibition against restraint of trade.
- The reason for the interdiction of unfair
competition and the reason for the prohibition of
unmitigated monopolies.
- A market controlled by one player (monopoly)
or dominated by a handful of players (oligopoly) is
hardly the market where honest-to-goodness
competition will prevail.
- Constitution enshrined free enterprise as a
policy, it nevertheless reserves to the Government
the power to intervene whenever necessary for the
promotion of the general welfare.
Central Monetary Authority
- Congress shall establish an independent central
monetary authority, the members of whose
governing board must be:
1. natural-born
2. known probity, integrity and patriotism
74
3. majority of whom shall come from the private
sector
- The authority shall:
1. provide policy direction in the areas of money
banking and credit
2. have supervision over the operations of banks
3. exercise such regulatory powers as may be
provided by law over the operations of finance
companies and other institutions performing similar
functions
- Until Congress otherwise provides, the Central
Bank shall function as the central monetary
authority.
XV. SOCIAL JUSTICE AND HUMAN RIGHTS
Policy Statement
- Congress shall give highest priority to the
enactment of measures that
 protect and enhance the right of all the people to
human dignity
 reduce social, economic, and political
inequalities
 and remove cultural inequities by equitably
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 increment.
- The promotion of social justice shall include the
commitment to create economic opportunities based
on freedom of initiative and self-reliance.
- Pursuit to social justice cannot justify breaking
the law.
- The State’s solitude for the destitute and the
have-nots does not mean it should tolerate
usurpation of property, public or private.
Labor
- The State shall afford full protection to labor,
local and overseas, organized and unorganized, and
promote full employment and equality of
employment opportunities for all.
- It shall guarantee the rights of all workers to:
1. self-organization
2. collective bargaining and negotiations
3. peaceful concerted activities, including the right
to strike in accordance with law
- They shall be entitled to:
 Nachura Notes – Constitutional Law
1. security of tenure
2. humane conditions of work
3. living wage
- They shall also participate in policy and
decision-making processes affecting their rights and
benefits as may be provided by law.
- The State shall promote the principle of shared
responsibility between the workers and employers
and the preferential use of voluntary modes in
settling disputes, including conciliation and shall
enforce their mutual compliance to foster industrial
peace.
- The State shall regulate the relations between
workers and employers, recognizing the
1. right of labor to its just share in the fruits of
production and
2. the right of enterprises to reasonable returns on
investments and to expansion and growth.
- Employees in the civil service may not resort to
strikes, walkouts and other temporary work
stoppages to pressure the Government to accede to
their demands.
- The ability to strike is not essential to the right
to association and the right to sovereign to prohibit
strikes or work stoppages was clearly recognized at
common law.
Agrarian and Natural Resources Reform
- Constitutionality of the Comprehensive
Agrarian Reform Law.
Urban Land and Housing Reform
- The State shall, by law, and for the common
good, undertake, in cooperation with the private
sector, a continuing program of urban land reform
and housing which will make available at affordable
cost decent housing and basic services to
underprivileged and homeless citizens in urban
centers and resettlement areas.
- It shall promote adequate employment
opportunities.
- State shall respect the rights of small property
owners.
- Urban or rural poor dwellers shall not be evicted
nor their dwellings demolished,
 Except: in accordance with law and
 in a just and humane manner.
75
- No resettlement of urban or rural dwellers shall
be undertaken without adequate consideration with
them and the communities where they are to be
located.
- Eviction of squatters and the demolition of their
shanties shall be done in accordance with law does
not mean that the validity and legality of demolition
or eviction hinges on the existence of resettlement
area designated or earmarked by the Government.
- Judicial notice of the fact that urban reform has
become a paramount task of Government in view o
the acute shortage of decent housing in urban areas.
- Section 19 of the LGC imposes certain
restriction on the exercise of the power of eminent
domain/
- RA 7279 provides the order in which lands may
be acquired for socialized housing.
- Urban tenant’s right of first refusal (pre-emptive
right), can be exercised only where the disputed
land is situated in an area declared to be an area for
priority development (APD) and an urban land
reform zone (ULRZ).
Human Rights
 The Commission on Human Rights
 Composition
1. Chairman
2. 4 Members
 Qualifications
1. natural-born
2. majority of whom shall be members of the Bar
 Term of office and other disqualification and
disabilities of the members shall be provided by
law.
 The power to appoint the Chairman and
members of the Commission is vested in the
President, without need of confirmation by the
Commission on Appointments.
 CHR does not enjoy fiscal autonomy. It does
not belong to the species of constituent
commissions.
 Powers and Functions:
1. jurisdiction or adjudicatory powers and not
meant to be another court or quasi-judicial agencies
in this country
2. may investigate
 receive evidence
 Nachura Notes – Constitutional Law
 make findings of fact as regards claimed human
rights violations involving civil and political rights
 but fact-finding is not adjudication, and cannot
be likened to the judicial function of a court of
justice, or even a quasi-judicial agency or official
3. cannot issue writs of injunction or a restraining
order against supposed violators of human rights,
not being a court of justice.
XVI. EDUCATION, SCIENCE AND
TECHNOLOGY, ARTS CULTURE AND
SPORTS
State Policy
 priority to education, science and technology,
arts, culture and sports to
 foster patriotism and nationalism
 accelerate social progress and
 promote total human liberation and
development
 protect and promote the right of all citizens to
quality education at all levels and shall take
appropriate steps to make such education accessible
to all.
 National Medical Admission Test (NMAT)
ensures quality education for future doctors and
protect public health by making sure of the
competence of future medical practitioners.
 Constitutional right of every citizen to select a
profession or course of study subject to fair,
reasonable and equitable admission and academic
requirements.
 It may be regulated pursuant to police power of
the State to safeguard health, morals, peace,
education, order, safety and general welfare of the
people.
 Persons who desire to engage in the learned
professions requiring scientific or technical
knowledge may be required to take an examination
as a prerequisite to engaging in their chosen careers.
 Requirement that a school must first obtain
government authorization before operating is based
on the State policy that educational programs and/or
operations shall be of good quality and shall satisfy
minimum standards.
Constitutional Mandate for the State to
76
 Establish adequate and relevant education
 Free public elementary and high school
education
 Scholarship grants and loan programs
 Out-of-school study programs
 Adult education
Constitutional Objectives of Education
1. inculcate patriotism and nationalism
2. foster love of humanity
3. respect for human rights
4. appreciation of the role of national heroes in the
historical development of the country
5. teach the rights and duties of citizenship
6. strengthen ethical and spiritual values
7. develop moral character and personal discipline
8. encourage critical and creative thinking
9. broaden scientific and technological knowledge
10. promote vocational efficiency
Optional Religious Instruction
- Option expressed in writing by parent or
guardian
- Public elementary and high schools
- Within regular class hours
- Instructors designated or approved by religious
authorities
- Without additional cost to Government
Educational Institution
- Ownership
 Solely by Filipino citizens or
 Corporations 60% Filipino-owned
 Exception: those established by religious groups
or mission boards, but Congress may increase
required Filipino equity participation.
- Control and Administration
 Vested in Filipino citizen..
- Alien Schools
 No educational institution shall be established
exclusively for aliens, and no group of aliens shall
compromise more than 1/3 of the enrolment in any
school.
 Exception: schools for foreign diplomatic
personnel and their dependents and for other foreign
temporary residents.
- Tax Exemptions
 all revenues and assets
 Nachura Notes – Constitutional Law
 all grants, endowments, donations and
contributions
 of non-stock, non-profit educational institution
 used directly, actually and exclusively for
educational purposes
Highest Budgetary Priority to Education
- merely directory
Academic Freedom
 enjoyed in all institutions of higher learning
 colleges, publicly or privately-owned
 Two Views:
1. from the standpoint if the educational institution
 determine:
1. who may teach
2. what may be taught
3. how it shall be taught
4. who may be admitted to study
 Freedom to determine whom to admit includes
the right to determine whom to exclude or expel, as
well as to impose lesser sanctions such as
suspension.
 Right to freely choose their field of study
subject to existing curricula, and to continue their
course therein up to graduation, such right is subject
to established academic and disciplinary standards
laid down by the academic institution.
2. from the standpoint of the members of the
academe
 freedom of the teacher or research worker in
higher institutions of learning to investigate and
discuss the problems of his science and to express
conclusions, 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 the methods are found to be
incompetent or contrary to professional ethics.
 Widest latitude to innovate and experiment on
the method of teaching which is most fitting to his
students, subject only to the rules and policies of the
University.
 Limitations
1. dominant police power of the State
2. social interests of the community
 “Termination of Contract” theory in Alcauz can
no longer be used as a valid ground to deny
77
readmission or re-enrollment to students who had
led or participated in student mass actions against
the school. The students do not shed their
constitutionally-protected rights of free expression
at the school games.
 The only valid grounds to deny readmission of
students are:
1. academic deficiency and
2. breach of the school’s reasonable rules of
conduct
 Minimum standards of procedural due process
must be satisfied:
1. student must be informed in writing of the
nature and cause of the accusation against them
2. right to answer the charges against them, with
the assistance of counsel, if desired
3. informed of the evidence against them
4. right to adduce evidence in their own behalf
5. evidence must be duly considered by the
investigating committee or official designated by
the school authorities to hear and decide the case.
 It is within the sound discretion of the university
to determine whether a student may be conferred
graduation honors, considering that the student had
incurred a failing grade in an earlier course she took
in school.
 Profession Regulation Commission cannot
interfere with the conduct of review that review
schools and centers believe would best enable their
enrollees to meet the standards required before
becoming full-pledged public accountants.
 Prerogative of the school to provide standards
for its teachers and to determine whether or not
these standards have been met is in accordance with
academic freedom and constitutional autonomy
which give educational institutions the right to
choose who should teach.
 Academic freedom was never meant to be
unbridled license; it is a privilege which assumes
the correlative duty to exercise it responsibly.
 Conferment of an honor or distinction was
obtained through fraud, the University has the right
to revoke or withdraw the honor or distinction
conferred. The right does not terminate upon the
graduation of the student.
Language
 National language  Filipino
 Nachura Notes – Constitutional Law

 Purpose of communication and instruction   No member of the armed forces in the active
Filipino, and until otherwise provided by law, service shall, at any time, be appointed or
English designated in any capacity to any civilian position.
 Regional languages  auxiliary official  Laws on retirement of military officers shall not
languages in the regions and shall serve as ancillary allow extension of their service.
media of instruction  The officers and men of the regular force of the
 Spanish and Arabic  promoted on voluntary armed forces shall be recruited proportionately from
and optional basis all provinces and cities as far as practicable.
 Constitution shall be promulgated in Filipino
and English and shall be translated into major National Police Force
regional languages, Arabic and Spanish.  The State shall establish and maintain one
police force, which shall be:
XVII. THE FAMILY  National in scope and
 Civilian in character.
XVII. GENERAL PROVISIONS  To be administered and controlled by a national
police commission.
Flag  Authority of local executives over the police
 Red, white and blue units in their jurisdiction shall be provided by law.
 A sun and 3 stars  RA 6975 established the PNP under a
 As consecrated and honored by the people and reorganized department, DILG.
recognized by law.
Mass Media and Advertising Industry
Name  Mass Media
 Congress may, by law, adopt:  Ownership limited to CITIZENS or
 a new name for the country CORPORATIONS WHOLLY-OWNED and
 a national anthem or MANAGED by such citizens.
 a national seal  Congress shall regulate or prohibit monopolies
 which shall be truly reflective and symbolic of in commercial mass media.
the ideals, history, and traditions of the people.  Advertising Industry
 Law shall take effect only upon its ratification  Only FILIPINO CITIZENS or
by the people in a national referendum. CORPORATIONS or ASSOCIATIONS at least
70% FILIPINO-OWNED shall be allowed to
Armed Forces of the Philippines engage in the advertising industry.
 Composed of a citizen armed force  ALL EXECUTIVES and MANAGING
 Which shall undergo military training OFFICERS of such entities must be CITIZENS of
 And serve, as may be provided by law. the Philippines.
 Advertising entities affected shall have 5 years
 All members of the armed forces shall take an from the ratification of the Constitution to comply
oath or affirmation to uphold and defend the on GRADUATED and PROPORTIONATE basis
Constitution with the minimum Filipino ownership.
 Professionalism and Adequate Remuneration
XIX. TRANSITORY PROVISION
shall be a prime concern of the State.
 Insulated from partisan politics.
Elections
 No member of the military shall engage directly
- First elections of members of Congress  2nd
or indirectly in any partisan political activity except
Monday of May 1987
to vote.
- First local elections  to be determined by
President
78
 Nachura Notes – Constitutional Law
- Synchronization of elections:
 Members of Congress and the local officials
first elected shall serve until noon of June 30, 1992.
 6-year term of the incumbent President and
Vice-President elected in February 7, 1986 elections
is extended until noon of June 30, 1992.
 Elections for President and Vice-President,
Senators, Members of the House of Representatives
and local office must be synchronized in 1992.
Existing Laws and Treaties
- All existing laws, decrees, Eos, proclamations,
letters of instructions, and other executive issuances
not inconsistent with the Constitution shall remain
operative until amended, repealed or revoked.
- All existing treaties or international agreements
which have not been ratified shall not be renewed or
extended without the concurrence of at least 2/3 of
all the members of the Senate.
Reserved Executive Powers
- Until a law is passed, the President may fill by
appointment from a list of nominees by the
respective sectors, the seats reserved for sectoral
representative.
- Until otherwise provided by Congress, the
President may constitute the Metropolitan Authority
to be composed of the heads of all local government
units compromising the Metropolitan Manila
Authority.
Career Civil Service
- Career civil service employees separated from
the service not for cause but as a result of the
reorganization is entitled to appropriate separation
pay and to retirement and other benefits according
to law in force at the time of their separation.
 In lieu of separation pay, at the option of the
employees, they may be considered for employment
in the government.
 Apply to career officers whose resignation,
tendered in line with the existing policy, had been
accepted.
Sequestration
- Authority to issue sequestration or freeze order
relative to the recovery of ill-gotten wealth shall
remain operative for not more than 18 months after
79
the ratification of this Constitution. Congress may
extend such period.
- Sequestration or freeze orders shall be issued
upon showing of a prima facie case.
- The corresponding judicial action shall be filed
within 6 months from ratification of this
Constitution, or, if issued after ratification within 6
months from such issue.
- The order is deemed automatically lifted if no
judicial action or proceeding is commenced.
- No particular description or specification of the
kind or character of “judicial action or proceeding”
much less an explicit requirement for the
impleading of the corporations sequestered or of the
ostensible owners of the property suspected to be
ill-gotten.
- The only qualifying requirement in the
Constitution is that the action or proceeding be filed
for orders of sequestration, freezing or provisional
take-over.
- The action or proceeding must concern or
involve the matter of sequestration, freezing or
provisional take-over of specific property – and
should have, as objective, the demonstration by
competent evidence that the property is indeed “ill-
gotten wealth” over which the government has a
legitimate claim for recovery and other relief.
- Mere issuance of the writ of sequestration,
without the corresponding service, within the 18-
month period, does not comply with the
constitutional requirement.
- Lifting of the sequestration orders does not ispo
facto mean that sequestrated property are not ill-
gotten. The effect of the lifting will merely be the
termination of the role of government as
conservator of the property.
- Writ of sequestration may be issued only upon
authority of at least 2 PCGG Commissioners.
- PCGG may not validly delegate its authority to
sequester.
- PCGG cannot perform acts of strict ownership
of sequestrated property. PCGG being a mere
CONSERVATOR.
 Exception: case of take-over of a business
belonging to the government or whose
capitalization comes from public funds but which
landed in private hands.
- Sequestration does not automatically deprive the
stockholders of their right to vote their shares of
 Nachura Notes – Constitutional Law
stock. Until the main sequestration case is resolved,
the right to vote the sequestered shares of stocks
depends on the 2-tiered tests:
1. whether there is prima facie evidence showing
that the said shares are ill-gotten and thus belong to
the State
2. whether there is an immediate danger of
dissipation thus necessitating their continued
sequestration and voting by PCGG while the main
issue pends with the Sandiganbayan.
 Does not apply in cases involving funds of
“public character”
 The Government is granted the authority to vote
said shares:
1. where government shares are taken over by
private persons or entities who/which registered
them in their own names and
2. where the capitalization or shares that were
acquired by public funds somehow landed on
private hands.
- Sandiganbayan can review the validity of
sequestration orders.
- Absence of express prohibition, the rule on
amicable settlement or compromise agreements in
the Civil Code is applicable to PCGG cases before
the Sandiganbayan.
- PCGG’s authority to enter into compromise
agreements involving ill-gotten wealth and to grant
immunity in civil and criminal cases, without need
of prior Congressional approval is sustained.
- Penal violations to fall within the jurisdiction of
the PCGG:
1) it must relate to ill-gotten wealth;
2) of the late President Marcos, his immediate
family, relatives, subordinates, and close associates;
3) who took advantage of their public office and/or
power, authority, influence, connections or
relationships.
- Those not fulfilling the above elements are not
within the authority of the PCGG but within the
jurisdiction of the Ombudsman and other duly
authorized investigating agencies.
- The invalid preliminary investigation did not
impair the validity of the criminal information or
otherwise render them defective; much less did not
affect the jurisdiction of the Court.
 The only effect is the imposition on the latter of
the obligation to suspend the proceedings and to
require the holding of preliminary investigation.
80
- A mere allegation in the anti-graft complaint
that the accused is a relative of then President
Marcos will not suffice to enable the PCGG to take
cognizance of the case. There must, in addition, be a
showing that the accused has unlawfully
accumulated wealth by virtue of such close relation
with the former President.
- Fact of sequestration alone did not automatically
oust the RTC of its jurisdiction.
- In order that the Sandiganbayan’s exclusive
jurisdiction may be invoked, the PCGG must be a
party to the suit.
- The Office of the Solicitor General may validly
call the PCGG for assistance and ask it to respond
to a motion for a bill of particulars, considering that
PCGG has the complete records of the case and,
being in charge of the investigation, is more
knowledgeable and better informed.
GENERAL PRINCIPLES
Principles of Local Autonomy
Constitutional Provisions
 The State shall ensure the local autonomy of
local governments
 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 government sovereign
within the state or an imperium in iperio.
 Autonomy is either:
1. decentralization of administration
 no valid constitutional challenge
 delegation of administrative powers to broaden
the base of governmental power.
2. decentralization of power
 abdication by the national government of
political power in favor of the local government
 Congress retains control over the LGUs
although significantly reduced under the
Constitution. National legislature is still the
principal of LGUs which cannot defy its will or
modify or violate it.
 Power to tax of LGUs which cannot be
withdrawn by mere statute.
 Nachura Notes – Constitutional Law
 Any form of autonomy granted to local
governments will necessarily be limited and
confined within the extent allowed by the central
authority.
 Exercise of local autonomy remains subject to:
1. power of control by Congress and
2. general supervision by the President
 Scope of President’s supervisory powers:
 President can only interfere in the affairs and
activities of a local government unit if he finds that
the latter had acted contrary to law;
 Cannot interfere in local affairs as long as the
concerned local government unit acts within the
parameters of the law and the Constitution;
 Otherwise, violates the principle of local
autonomy and the doctrine of separation of powers.
 Liga ng mga Barangay is not subject to the
control by the Chief Executive or his alter ego.
Corporation
 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.
Classification
1. Public: organized for the government of a
portion of a state.
2. Private: formed for some private purpose.
3. Quasi-Public: private corporation that renders
public service or supplies public wants.
Criterion to determine whether corporation is
public
 Relationship of the corporation to the State; if it
is created by the State as its own agency to help the
State in carrying out its governmental function then
it is public. Otherwise, it is private.
Classes of public corporations
1. Quasi-corporation – created by the state for a
limited purpose.
2. Municipal Corporation – body politic and
corporate constituted by the incorporation of the
inhabitants for the purpose of local government.
Municipal Corporation
Elements:
1. Legal creation or incorporation
81
 Law creating or authorizing the creation or
incorporation of a municipal corporation.
2. Corporate name
 Sanggunian Panlalawigan may change the name
of component cities or municipalities:
1. consultation with Philippine Historical Institute
2. effective upon ratification in a plebiscite
3. Inhabitants
 People residing in the territory.
4. Territory
 Land mass where the inhabitants reside
 Together with external and internal waters and
the airspace above.
Dual Nature and Functions
 Exercise powers as a political subdivision of the
National Government and
 As a corporate entity representing the
inhabitants of the territory.
1. Public or Governmental – acts as agents of the
State, for the government of the territory and the
inhabitants.
2. Private or Proprietary – acts as agents of the
community in the administration of local affairs.
Acts as a separate entity for its own purposes and
not as a subdivision of the state.
Roles of Municipal Corporations in the
Philippines
 The territorial and political subdivisions of the
Philippines are the PROVINCES, CITIES,
MUNICIPALITIES and BARANGAYS. There
shall be AUTONOMOUS REGIONS in MUSLIM
MINDANAO and the CORDILLERAS.
 Provinces
 Cluster of municipalities or municipalities and
component cities.
 Dynamic mechanism for developmental
processes and effective governance of LGUs within
its territorial jurisdiction.
 City
 More urbanized and developed barangays
 General purpose government for the
coordination and delivery of basic, regular and
direct services.
 Effective governance of the inhabitants within
its jurisdiction.
 Nachura Notes – Constitutional Law
 Muncipality
 Group of barangays
 General purpose government for the
coordination and delivery of basic, regular and
direct services.
 Effective governance of the inhabitant within its
jurisdiction.
 Barangay
 Basic political unit
 Primary planning and implementing unit of
government policies, plans, programs, projects and
activities in the community.
 Forum where collective views of the people
may be expressed.
 Where disputes may be amicably settled.
 Autonomous Regions in Muslim Mindanao and
the Cordilleras
 Datu Firdausi Abbas vs. COMELEC: act
establishing the Autonomous Regional Government
of Muslim Mindanao was held valid.
 Cordillera Broad Colaition vs. Commission on
Audit: exercise of legislative powers, creating the
Cordillera Administrative Region was held valid. It
prepared the groundwork for autonomy and the
adoption of the organic law.
 Ordillo vs. COMELEC: sole province of Ifugao
which, in the plebiscite, alone voted in favor RA
6766, cannot validly constitute the Autonomous
Region of the Cordilleras.
 Special Metropolitan Political Subdivision
 Congress may by law create special
metropolitan political subdivisions subject to a
plebiscite.
 The component cities and municipalities shall
retain their basic autonomy
 Entitled to their own local executives and
legislative assemblies
 Jurisdiction of the metropolitan authority shall
be limited to basic services requiring coordination.
Creation and Dissolution of Municipal Corporations
Authority to Create
 LGU may be created, divided, merged,
abolished or its boundaries substantially altered
either by:
1. law enacted by Congress – provinces, city,
municipality or any other political subdivision
82
2. ordinance passed by Sangguniang Panlalawigan
or Sangguniang Panlungsod – barangay
Requisites/Limitation on Creation or
Conversion
 No province, city, municipality or barangay may
be created, divided, merged, abolished or its
boundary substantially altered, EXCEPT
1. in accordance with criteria established in the
LGC
2. subject to approval by a majority of the votes
cast in a plebiscite in the political units directly
affected
 Plebiscite Requirement: conducted by the
COMELEC within 120 days from the date of
effectivity of the law or ordinance effecting such
action, unless said law or ordinance fixes another
date.
 Plebiscite for creating a new province should
include the participation of the residents of the
mother province in order to conform to the
constitutional requirement.
 Where the law authorizing the holding of a
plebiscite is unconstitutional, the Court cannot
authorize the holding of a new one.
 The fact that the plebiscite which the petition
sought to stop had already been held and officials of
the new province appointed does not make the
petition moot and academic, as the petition raises an
issue of constitutional dimensions.
 Section 7, RA 7160 – verifiable indicators of
viability and projected capacity to provide services:
1. Income
 Sufficient, based on acceptable standards
 To provide for all essential government facilities
and services and special functions
 Commensurate with the size of its population
 Average annual income for the last 2
consecutive years based on 1991 constant prices:
1. Municipality: 2,500,000
2. City 100,000,000
3. Highly Urbanized City: 50,000,000
4. Province: 20,000,000
 Internal Revenue Allotment should be included
in the computation of the average annual income of
the municipality. (for purposes of determining
 Nachura Notes – Constitutional Law
whether the municipality may be validly converted
into a city)
 For conversion to cities, the municipality’s
income should not include the IRA.
2. Population
 Total number of inhabitants within the territorial
jurisdiction of the LGU concerned.
 Required minimum population:
1. Barangay: 2,000 inhabitants; except in Metro
Manila and other metropolitan political subdivisions
or in highly urbanized cities where the requirement
is 5,000 inhabitants
2. Municipality: 25,000
3. City: 150,000
4. Highly Urbanized City: 200,000
5. Province: 250,000
3. Land Area
 Contiguous, unless it comprises 2 or more
islands or is separated by a LGU independent of the
others
 Properly identified by metes and bounds with
technical descriptions
 Sufficient to provide for such basic services and
facilities to meet the requirements of its populace.
 Area Requirements:
1. Municipality: 50 sq. kms.
2. City: 100 sq. kms.
3. Province: 2,000 sq. kms.
 Compliance with the foregoing indicators shall
be attested to by the Department of Finance, the
National Statistics Office and the Lands
Management Bureau of the Department of
Environment and Natural Resources.
 Requirement that the territory of the newly-
created local government units be identified by
metes and bounds is intended to provide the means
by which the area of the local government unit may
be reasonably ascertained.
 Territorial jurisdiction of the newly created city
may be reasonably ascertained – by referring to
common boundaries with neighboring
municipalities – then the legislative intent has been
sufficiently served.
 Other constitutional limitations: Bill of Rights
Beginning of Corporate Existence
83
 ELECTION and QUALIFICATION of its Chief
Executive and a majority of the members of its
sangguinan.
 UNLESS some other time is fixed therefore by
the law or ordinance creating it.
Division and Merger, Abolition of LGUs
 Division and Merger
 comply with same requirements, provided that
such division shall not reduce the income,
population or land area of the local government
unit/s concerned to less than the minimum
requirements prescribed
 provided, further, that the income classification
of the original local government unit/s shall not fall
below its current income classification prior to the
division.
 Abolition
 LGU may be abolished when its income,
population or land area has been irreversibly
reduced to less than the minimum standards.
 Law or ordinance abolishing a LGU shall
specify the province, city, municipality or barangay
with which the local government unit sought to be
abolished will be incorporated or merged.
De Facto Municipal Corporation
Requisites:
1. Valid law authorizing incorporation
2. Attempt in good faith to organize under it
3. Colorable compliance with the law
4. Assumption of corporate powers
 Not de facto municipal corporations, because
there was no law authorizing incorporation.
Attack Against Invalidity of Incorporation
 No collateral attack
 Inquiry into the legal existence of a municipal
corporation is reserved to the state in a proceeding
for quo warranto or other direct proceeding.
 Rule is applicable only when the municipal
corporation is at least a de facto municipal
corporation
The Local Government Code
 Effectivity: January 1, 1992; after its complete
publication in at least 1 newspaper of general
circulation.
 Nachura Notes – Constitutional Law

 Scope of Application: all provinces, cities,

municipalities, barangays and other political II. GENERAL POWERS AND ATTRIBUTES
subdivisions as may be created by law and to OF LOCAL GOVERNMENT UNITS
officials, offices or agencies of the National
Government. Powers in General

Declaration of Policy Sources

1. Territorial and political subdivision of the State 1. Philippine Constitution
shall enjoy genuine and meaningful local autonomy 2. Statutes
to enable them to attain their fullest development as 3. Charter
self-reliant communities and make them more 4. Doctrine of the right of self-government
effective partners in the attainment of national
goals. Classification
2. Ensure accountability of LGUs through the 1. express, implied, inherent
institution of effective mechanisms of recall, 2. public, governmental, private or proprietary
initiative and reference. 3. intramural, extramural
3. Require all national agencies and offices to 4. mandatory, directory, ministerial, discretionary
conduct periodic consultations with appropriate
LGUs, non-governmental and people’s Execution of powers
organizations and other concerned sectors of the 1. statute prescribes the manner of exercise – the
community before any project or program is procedure must be followed
implemented in their respective jurisdiction. 2. statute is silent – LGUs have discretion to select
reasonable means and methods of exercise
Rules of Interpretation
1. Any provision on a power of a LGU shall be Governmental Powers
liberally interpreted in its favor; in case of doubt, 1. General Welfare
any question shall be resolved in favor of 2. Basic Services and Facilities
devolution of power. 3. Power to Generate and Apply Resources
2. Any tax ordinance or revenue measure shall be 4. Eminent Domain
construed strictly against the LGU enacting it and 5. Reclassification of Lands
liberally in favor if the taxpayer. 6. Closure and Opening of Roads
3. Any tax exemption, incentive or relief granted 7. Local Legislative Power
by any LGU shall be construed strictly against the 8. Authority over Police Units
person claiming it.
4. The general welfare provision shall be liberally General Welfare
interpreted to give more powers to LGUs in  Exercise powers expressly granted, necessarily
accelerating economic development and upgrading implied, and powers necessary, appropriate or
the quality of life for the people in the community. incidental for its efficient and effective governance
5. Rights and obligations existing on the date of and those which are essential to the promotion of
effectivity of this Code and arising out of contracts the general welfare
or any other source of prestation involving a LGU  w/ respective territorial jurisdiction,
shall be governed by the original terms and 1. preservation and enrichment of culture
conditions of said contracts or the law force at the 2. promote health and safety
time of such rights were vested. 3. enhance the right of the people to a balanced
6. In the resolution of controversies arising under ecology
this Code where no legal provision of jurisprudence 4. encourage and support the development of
applies, resort may be had to the customs and appropriate and self-reliant scientific and
traditions in the place where the controversies take technological capabilities
place. 5. improve public morals
84
 Nachura Notes – Constitutional Law
6. enhance economic prosperity and social justice
7. promote full employment among its residents
8. maintain peace and order
9. preserve the comfort and convenience of their
inhabitants
 general welfare clause – statutory grant of
police power to LGUs
 Limitations
1. exercisable only within territorial limits
EXCEPT for protection of water supply
2. Equal protection clause
3. Due process clause (means employes are
reasonably necessary and not unduly oppressive for
the accomplishment of the purpose)
4. not be contrary to the Constitution and the laws.
 Prohibited activities cannot be legalized in the
guise of regulation.
 Activities allowed by law cannot be prohibited,
only regulated.
 LGU may close a bank for failure to secure the
appropriate mayor’s permit and business licenses.
 LGU may not regulate the subscriber rate by
CATV operators within its territorial jurisdiction –
jurisdiction of NTC; This does not mean that LGU
cannot prescribe regulations over CATV operators.
 Ordinance prohibiting the operation of casino is
invalid for being contrary to the Charter of
PAGCOR (PD1869)
 Mayor authorized to issue permits and licenses
for the holding of activities for any charitable or
welfare purposes.
 LLDA which has exclusive jurisdiction to issue
permits for the enjoyment of fishery privileges in
Laguna de Bay
 Ordinance is not unconstitutional merely
because it incidentally benefits a limited number of
persons – the support for the poor has long been an
accepted exercise of the police power in the
promotion of the common good.
 Municipality cannot grant exclusive fishing
privileges without prior public bidding and for a
period of more than 5 years – violates Fisheries
Law.
 Permits to operate cockpits – mayor
 Ordinance prohibiting operation of night-clubs
is invalid – prohibitory and not mere regulatory
Basic Services and Facilities
85
- Endeavor to be self-reliant
- Continue exercising the powers and discharge
the duties and functions currently vested upon them
- Discharge the functions and responsibilities of
national agencies and others devolved upon them
- Exercise such other powers and discharge such
other functions as are necessary, appropriate or
incidental to efficient and effective provision of the
basic services and facilities.
- PUBLIC WORKS and INFRASTRUCTURE
PROJECTS and other FACILITIES, PROGRAMS
and SERVICES FUNDED BY THE NATIONAL
GOVERNMENT are NOT covered under Section
17 EXCEPT where the LGU is duly designated as
the implementing agency for such projects,
facilities, programs and services.
- Devolution: act by which the national
government confers power and authority upon
various LGUs to perform specific function and
responsibilities,
 Includes the transfer of assets, equipments,
records and personnel of national agencies and
offices to LGUs
 Regional offices of national agencies shall be
phased out within 1 years from approval of Code.
 Career regional director which cannot be
absorbed by the LGU shall be retained by the
national government w/o diminution.
Power to Generate and Apply Resources
 Establish an organization that shall be
responsible for the efficient and effective
implementation of their development plans,
programs, objectives and priorities
 To create their own sources of revenue
 To levy taxes, fees and charges which shall
accrue exclusively to their own use and disposition
and which shall be retained by them
 To have a just share in the national taxes which
shall be automatically and directly released to them
without need of any further action
 To have an equitable share in the proceeds from
the utilization and development of the national
wealth and resources with their respective territorial
jurisdictions
 Develop, lease, encumber, alienate or otherwise
dispose of real or personal property held by them in
their proprietary capacity and to apply their
 Nachura Notes – Constitutional Law
resources and assets for productive, developmental
or proprietary powers and functions and thereby
ensure their development into self-reliant
communities and active participants in the
attainment of national goals.
 LGUs have no power to tax instrumentalities of
the National Government, e.g. PAGCOR
 Fundamental Principles governing the exercise
of taxing and other revenue-raising powers of LGUs
1. Taxation shall be uniform in all LGUs
2. Taxes, fees, charges and other impositions shall
be
 equitable based as far as practicable on the
taxpayer’s ability to pay;
 levied and collected only for public purpose;
 not unjust, excessive, oppressive or
confiscatory; and
 not contrary to law, public policy, national
economic policy or in restrain of trade;
3. collection of taxes, fees, charges and other
impositions shall not be left to any private person
4. revenue collected shall inure solely to the
benefit and be subject to the disposition by the
LGU, unless specifically provided herein
5. each LGU shall evolve a progressive system of
taxation.
 Exercise by LGU of the power to tax is ordained
by the Constitution; only guidelines and limitations
that may be established by Congress can define and
limits such power of local governments.
 Secretary of Justice can review the
constitutionality or legality of tax ordinance – and if
warranted, revoke it on either grounds
 Exemption may be withdrawn at the pleasure of
the taxing authority.
 Exception: where the exemption was granted to
private parties based on material consideration of a
mutual nature, which then becomes contractual and
is covered by the non-impairment clause of the
Constitution.
 Fundamental Principles governing financial
affairs, transactions and operations of the local
government:
1. no money shall be paid out of the local treasury
EXCEPT in pursuance of appropriation ordinance
or law
2. local government funds and monies shall be
spent solely for public purpose
86
3. local revenue is generated only from sources
expressly authorized by law or ordinance and
collection shall at all times be acknowledged
properly
4. all monies officially received by a local
government officer in any capacity shall be
accounted for as local funds unless otherwise
provided by law
5. trust funds in the local treasury shall not be
paid out except in fulfillment of the purpose for
which the trust was created or the funds received
6. every officer of the LGU whose duties permit or
require the possession or custody of local funds
shall be properly bonded and such officer shall be
accountable and responsible for said funds and for
safekeeping
7. local governments shall formulate sound
financial plans and the local budgets shall be
based on functions, activities and projects in terms
of expected results
8. local budget plans and goals shall, as far as
practicable, be harmonized with national
development plans, goals, strategies in order to
optimize the utilization of resources and to avoid
duplication in the use of fiscal and physical
resources
9. local budgets shall operationalize approved
local development plans
10. LGUs shall ensure that theirs respective budget
incorporate the requirements of their component
units and provide for equitable allocation of
resources among those
11. national planning shall be based on local
planning
12. fiscal responsibility shall be shared by all those
exercising authority over financial affairs,
transactions and operations of the LGUs
13. the LGU shall endeavor to have a balanced
budget in each fiscal year of operation
Eminent Domain
- Through chief executive and acting pursuant to
an ordinance
- For public purpose/use/welfare, for the benefit
of the poor and landless
- Payment of just compensation
- Valid and definite offer has been previously
made to the owners and such offer was not accepted
- LGU may immediately take possession:
 Nachura Notes – Constitutional Law
1. upon filing of the expropriation and
2. making a deposit with the proper court of at
least 15% of the FMV of the property based on
current tax declaration of the property
- Amount to be paid for the property shall be
determined by proper court based on FMV at the
time of TAKING of the property.
- Additional Limitations
1. exercised by local chief executive, pursuant to
VALID ordinance
2. public use or purpose or welfare, for the benefit
of the poor and landless
3. after valid and definite offer has been made to
and not accepted by the owner
- Power of eminent domain is expressly granted
to the municipality under the LGC
- What is required by law is an ORDINANCE,
not a resolution.
 Ordinance is a law while a resolution is merely
a declaration of sentiment or opinion of a law-
making body on a specific matter
 3rd reading is needed for an ordinance, not for a
resolution unless decided otherwise by a majority of
the members of the Sanggunian
Reclassification of Lands
- City/municipality through ordinance passed
after conducting public hearings
- Authorize reclassification of agricultural lands
- And provide for the manner of their
utilization/disposition
- Grounds:
1. land ceases to be economically feasible and
sound for agricultural purposes as determined by
Department of Agriculture
2. land shall have substantially greater economic
value for residential, commercial or industrial
purposes, as determined by the sanggunian
- Reclassification shall be limited to the following
percentage of the total agricultural land area at the
time of the passage of the ordinance:
1. highly urbanized cities and independent
component cities: 15%
2. component cities and 1st to 3rd class
municipalities: 10%
3. 4th to 6th class of municipalities: 5% Provided
that agricultural land distributed to land reform
beneficiaries shall not be affected by such
reclassification.
87
Closure and Opening of Roads
- Pursuant to an ordinance
- Permanently or temporarily close or open any
road, alley, park or square falling within its
jurisdiction
- Provided, in case of permanent closure,
ordinance must be approved by at least 2/3 of all
members of the sanggunian and when necessary, an
adequate substitute for the public facility shall be
provided.
- Additional limitations:
1. adequate provision for the maintenance of
public safety
2. property may be used or conveyed for any
purpose for which other real property may be
lawfully used or conveyed but no freedom parks
shall be closed permanently without provision for
its transfer or relocation to a new site.
3. temporary closure may be made during an
actual emergency, fiesta celebration, public rallies,
etc.
- Municipality has the authority to:
1. prepare and adopt a land use map
2. promulgate zoning ordinance
3. close any municipal road
- provincial roads and city streets are property for
public use and under absolute control of Congress;
they are outside commerce of man and cannot be
disposed to private persons
- Power to vacate is discretionary on the
Sanggunian
- When properties are no longer intended for
public use, the same may be used or conveyed for
any lawful purpose and may even become
patrimonial and subject to common contract.
- City Council has the authority to determine
whether or not a certain street is still necessary for
public use.
Local Legislative Power
 Exercised by local sanggunian
 Products of legislative action
1. ordinance – prescribes permanent rule of
conduct
2. resolution – temporary character; expresses
sentiment
 Requisites:
1. not contravene the Constitution or statute
 Nachura Notes – Constitutional Law
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
 Approval of Ordinances – passed by
SANGGUNIANG PANLALAWIGAN,
SANGGUNIANG PANLUNGSOD,
SANGGUNIANG BAYAN shall be approved by:
1. the local chief executive, affixing his signature
on each and every page
2. local chief executive vetoes the same and the
veto is overridden by 2/3 vote of all the members of
the sanggunian.
 The local chief executive may veto only once.
 Grounds:
1. ultra vires
2. prejudicial to the public welfare
 He may veto any particular item/s of an:
1. appropriation ordinance
2. ordinance/resolution adopting a development
plan and public investment program
3. ordinance directing the payment of money or
creating liability
 The veto shall not affect the item/s not objected
to.
 The veto shall be communicated by the local
chief executive to the sanggunian
 w/in 15 days in case of a province
 w/in 10 days in case of a municipality
 Otherwise, the ordinance shall be deemed
approved, as if signed
 Grant of veto power accords the Mayor the
discretion whether or not to approve the
resolution… signature on the resolution is NOT
ministerial duty of the Mayor.
 Ordinance enacted by the sangguniang barangay
shall, upon approval by a majority of all its
members, be signed by the punong barangay  no
veto power.
 Review by Sangguniang Panlalawigan
 w/in 3 days from approval, the secretary of the
sangguniang panlungsod (in component cities) or
sangguniang bayan shall forward to the
sangguniang panlalawigan for review copies of
approved ordinances and resolutions.
88
 Sangguniang panlalawigan shall review the
same w/in 30 days
 If it finds that it is beyond the power of the
sangguniang panlungsod/sangguniang bayan, it
shall declare the ordinance/resolution invalid.
 If no action is taken w/in 30 days, it is presumed
consistent w/ law and valid.
 Review of Barangay Ordinance
 w/in 10 days from enactment, the sangguniang
barangay shall furnish copies of all barangay
ordinances to the sangguniang panlungsod or
sangguniang bayan for review.
 If the reviewing sanggunian finds that it is
inconsistent with law or city or municipal
ordinances, the sangguniang concerned, shall within
30 days return the same with its comments and
recommendations to the sangguniang barangay for
adjustment, amendment or modification.
 The effectivity of the ordinance is suspended.
 If no action is taken by the reviewing
sangguinan within 30 days, the ordinance is deemed
approved.
 Enforcement of Disapproved
Ordinance/Resolutions
 Attempt to enforce an ordinance or resolution
approving the local development plan and public
investment program, after disapproval, shall be
sufficient ground for the suspension or dismissal of
the official or employee concerned.
 Effectivity
o Unless otherwise stated in the
ordinance/resolution, the same shall take effect
AFTER 10 DAYS from the DATE A COPY IS
POSTED IN THE BULLETIN BOARD at the
entrance of the provincial capitol or city, municipal
or barangay hall, and in at least 2 other conspicuous
places in the LGU.
o Gist of all ordinance W/ PENAL SANCTIONS
shall be
• PUBLISHED in a newspaper of general
circulation within the province where the local
legislative body belongs;
• absence of newspaper of general circulation,
POSTING shall be made in all municipalities and
cities of the province where the sanggunian of
origin is situated.
 Nachura Notes – Constitutional Law
o In highly urbanized and independent component
cities, the main features of the ordinance or
resolution duly enacted shall,
• POSTED,
• PUBLISHED once in a local newspaper of
general circulation within the city;
• if there is no such newspaper within the city,
then PUBLICATION shall be made in any
newspaper of general circulation.
Authority over Police Units
 As may be provided by law.
Corporate Powers
- LGUs shall enjoy full autonomy in the exercise
of their proprietary functions and in the
management of their economic enterprises
1. Continuous succession in its corporate name
2. To sue and be sued
3. To have and use a corporate seal
4. To acquire and convey real or personal property
5. Power to enter into contracts
6. To exercise such other powers as are granted to
corporations, subject to limitations provided in the
Code and other laws
Continuous succession in its corporate name
To sue and be sued
 Suit is commenced by the LOCAL
EXECUTIVE, upon authority of the
SANGGUINIAN except when the CITY
COUNCILORS, by themselves and as
representatives of or on behalf of the City bring the
action to prevent unlawful disbursement of City
funds.
 Municipality cannot be represented by a private
attorney.
 Only the Provincial Fiscal or the Municipal
Attorney. This is mandatory.
 Exception: when the Provincial Fiscal is
disqualified to represent it and the fact of
disqualification appears on record.
 Fiscal’s refusal to represent the municipality is
not a legal justification. The Municipality should
request DOJ Secretary to appoint an Acting
Provincial Fiscal
89
 The legality of the representation of an
unauthorized counsel may be raised at any stage of
the proceeding.
 Municipal Attorney may validly adopt the work
already performed by a private lawyer provided that
no injustice is committed against the adverse party
and that no compensation has been paid to the
private counsel.
To have and use a corporate seal
 Use, modify or change corporate seal
 Any change shall be registered with DILG
To acquire and convey real or personal property
 LGU may acquire real or personal, tangible or
intangible property in any manner allowed by law.
 LGU may only alienate patrimonial property,
upon proper authority
 Absence of proof that the property was acquired
through corporate or private funds, the presumption
is that it came from the State, thus, governmental or
public property.
 Town plazas are properties of public domain;
they may be occupied temporarily but only for the
duration of an emergency
 Public Plaza is beyond the commerce of man
and cannot be the subject of lease or other
contractual undertaking
 Public streets or thoroughfares are property for
public use, outside the commerce of man and may
not be the subject of lease or other contracts
 Procurement of supplies is made through public
competitive bidding
o Exception: amount is minimal
Power to enter into contracts
 Requisites of Valid Municipal Contracts
1. LGU has the express, implied or inherent power
to enter into the particular contract
2. The contract is entered into by the proper
department, board, committee, officer, or agent.
o Unless otherwise provided, no contract may be
entered into by the local chief executive without
prior authorization by the sangguinian concerned.
3. comply with substantive requirements
4. comply with formal requirements
 Nachura Notes – Constitutional Law
 Ultra Vires Contracts: contracts entered into
without compliance with first and third requisites 
ultra vires and void.
 Cannot be ratified or validated.
 Ratification of defective municipal contracts is
possible only when there is non-compliance with
the 2nd and/or 4th requisite.
 Does not provide that the absence of an
appropriation ordinance ipso facto makes a contract
entered into by a LGU null and void. Public funds
may be disbursed not only pursuant to an
appropriation law, but also pursuant of other
specific statutory authority.
 Police power prevails over non-impairment
clause.
 Breach of contractual obligations – city liable
for damages
 Authority to negotiate and secure grants
 Local chief executive upon authority of the
sangguinian
 Negotiate and secure financial grants or
donations in kind
 In support of the basic services and facilities in
Section 17
 From local and foreign assistance agencies
 Without necessity of securing clearance or
approval from any department, agency, or office of
the national government or from any higher LGU
 Provided, projects financed by such grant or
assistance with national security implications shall
be approved by the national agency concerned.
To exercise such other powers as are granted to
corporations, subject to limitations provided in the
Code and other laws
III. MUNICIPAL LIABILITY
Rule: LGUs and their officials are NOT exempt
from liability for DEATH or INJURY to persons or
DAMAGE to property
Specific Provisions Making LGUs liable:
1. Article 2189, CC: 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.
90
 Attaches even if the road does not belong to the
LGU, provided that the City exercises control or
supervision over said road.
2. Article 2180, CC: The State is responsible when
it acts through special agents
3. Article 34, CC: 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 – decisions PRIOR to LGC
1. if a LGU is engaged in GOVERNMENTAL
functions, it is NOT liable
2. if a LGU is engaged in proprietary function, it is
liable
 City is liable for the tortuous acts of its
employees under the principle of respondeat
superior
3. Liability for illegal dismissal of employee
 Absent proof of malice or bad faith which
attended the illegal dismissal – cannot be held
personally accountable
 Municipal corporation, whether or not included
in the complaint for recovery of back salaries due to
wrongful removal from office is liable
4. Local officials may be held personally liable
 Acted beyond the scope of their authority and
with bad faith
 Must be sued in their personal capacity
 When they act maliciously and wantonly and
injure individuals rather than discharged a public
duty, they are personally liable.
Liability for Violation of the Law
1. closed part of a municipal street without
indemnification  liable for damages
2. non-payment of minimum wage to employees
3. refusal to abide by the TRO
Liability for Contracts
1. 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 utra vires, the municipal
corporation is not liable.
2. a private indivisual who deals with a municipal
corporation is imputed constructive knowledge of
 Nachura Notes – Constitutional Law
the extent of the power o authority of the municipal
corporation to enter into contracts.
3. ordinarily, estoppel does not lie against the
municipal corporation.
4. 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.
 Applies to all cases where money or 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.
 Cannot set up plea that it is ultra vires but still
retain the benefits.
 EStoppel cannot be applied against a municipal
corporation in order to validate a contract which the
municipal corporation has no power to make or
which it is authorized to make only under
prescribed limitations or in a prescribed mode or
manner – even if the municipal corporation has
accepted benefits.
 If a suit is filed against a local official which
could result in personal liability, the latter may
engage the services of private counsel.
IV. LOCAL OFFICIALS
Provisions applicable to elective and appointive
local officials
1. Prohibited Business and Pecuniary Interest
 Unlawful for any local government official/EE,
directly or indirectly, to:
1. engage in any business transaction with the
LGU which he is an official or employee or over
which he has the power of supervisions
2. hold such interest in any cockpit or other games
licensed by the LGU
3. purchase any real estate or other property
forfeited in favor of the LGU for unpaid taxes or by
virtue of legal process at the instance of LGU
4. be a surety for any person contracting or doing
business with the LGU for which a surety is
required
5. possess or use any public property of the LGU
for private purpose
6. prohibitions and inhibitions prescribed in RA
6713
91
2. Practice of Profession
1. GOVERNORS, CITY and MUNICIPAL
MAYORS are prohibited from practicing their
profession or engaging in any occupation other than
the exercise of their function.
2. SANGGUNIAN MEMBERS may practice their
profession, engage in any occupation, or teach in
schools EXCEPT during session hours.
 Provide that those who are also MEMBERS of
the BAR shall NOT:
1. appear as counsel before any court in any civil
case wherein the LGU is the adverse party
2. appear as counsel in any criminal case wherein
an officer or EE of the national or local government
is accused of an offense committed in relation to his
office
3. collect any fee for their appearance in
administrative proceedings involving the LGU
4. use property and personnel of the government
except when the sanggunian member is defending
the interest of the government.
 Prohibition against private practice, if such
practice represents interests adverse to the
government.
3. DOCTORS of medicine may practice their
profession even during OFFICIAL HOURS of work
only on occasions of emergency. Provided they do
not derive monetary compensation.
3. Prohibition Against Appointment
1. not eligible for appointment/designation in any
capacity to any public office/position during his
tenure.
 Shall not hold any other office or employment
in the government, unless otherwise allowed by law
or the primary functions of the office.
2. no candidate who lost in any election shall,
within one year after such election be appointed to
any office in the government
 Except: losing candidates in barangay elections
Elective Local Officials
Qualifications
1. CITIZENS of the Philippines
2. REGISTERED VOTER in the barangay,
municipality, city, province
 Nachura Notes – Constitutional Law
 or in case of a member of the Sangguniang
Panlalawigan, Panlungsod or Bayan  the district
where he intends to be elected.
3. RESIDENT therein for at least 1 year
immediately preceding the election
4. able to read and write Filipino or any other local
language or dialect
5. on election day, must be at least
 25 – governor, vice-gov, members of the
sangguniang panlalawigan, mayor, vice-mayor or
members of the sangguniang panlungsod of highly
urbanized cities
 21 – mayor, vice-mayor of independent
component cities, component cities or
municipalities
 18 – members of the sangguniang panlungsod or
sangguniang bayan or punong barangay or member
of the sangguiniang barangy
 At least 15 but not more than 21 – sangguniang
kabataan
 “not more than 21” is not equivalent to “less
than 22”
Disqualifications
1. sentenced by final judgment for an offense
involving moral turpitude or for an offense
punishable by 1 year or more of imprisonment
within 2 years after serving sentence
2. removed from office as a result of
administrative case
3. convicted by final judgment for violating the
oath of allegiance to the Republic
4. dual citizenship
5. fugitives from justice in criminal or non-
political cases here or abroad
6. permanent residents in a 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 Code
7. insane or feebele-minded
 ELECTIVE LOCAL OFFICIAL removed via
administrative case before January 1, 1992 (date of
effectivity of the LGC) is NOT disqualified.
Manner of Election
92
1. Governor, Vice-Governor, City or Municipal
Mayor, City or Municipal Vice-Mayor and Punong
Barangay  elected at large
2. Sangguniang Kabataan Chairman  elected by
registered voters of the katipunan ng kabataan
3. Regular Members of the Sangguniang
Panlalawigan, Panlungsod and Bayan  elected by
district.
4. Presidents of the leagues of Sangguinang
Members of component cities and municipalities 
serve as ex-officio members of the sangguniang
panlalawigan
5. Presidents of the Liga ng mga Barangay and
Pederasyon ng mga Sangguniang Kabataan elected
by their respective chapters  serve as ex-officio
members of the sangguniang panlalawigan,
panlungsod or bayan.
6. 1 sectoral representative from women, worker
and any of the ff:
a. Urban poor
b. Indigenous cultural communities
c. Disabled persons
d. Any other sectors as may be determined by the
sanggunian concerned w/in 90 days prior to the
holding of the next local election.
Date of Election
 Every 3 years
 2nd Monday of may
 Unless otherwise provided by law
Term of Office
 3 years starting from noon of June 30, 1992 OR
such date as may be provided by law
 Except that of barangay official
 No elective local official shall serve for more
than 3 consecutive terms in the same position
 Term of barangay officials and members of the
sangguniang kabataan  5 years
- 3-term limit on a local official is to be
understood to refer to terms for which the official
concerned was elected.
- He must have been elected to the same position
for the same number of times before the
disqualification can apply.
- Prohibited election refers to the next regular
election for the same office following the end of the
 Nachura Notes – Constitutional Law
third consecutive term. Any subsequent election,
like a recall election, is no longer covered by the
prohibition:
1. subsequent election like a recall election is no
longer an immediate re-election after three
consecutive terms
2. intervening period constitutes an involuntary
interruption in the continuity of service
Rules on Succession
- Permanent vacancies:
1. fills a higher vacant office
2. refuses to assume office
3. fails to qualify
4. dies
5. removed from office
6. voluntarily resigns
7. permanently incapacitated to discharge the
functions
a. Governor/Mayor  Vice-Governor/Vice-Mayor
b. Vice-Governor/Vice-Mayor  highest ranking
sanggunian member OR 2nd highest ranking, and
subsequent vacancies shall be filled automatically
by the other sanggunian members according to their
ranking
 Ranking in the sanggunian member shall be
determined on the basis of the proportion of votes
obtained by each winning candidate to the total
number of registered voters in each district in the
immediately preceding election.
 Mode of succession for permanent vacancies
may also be applied in cases of temporary
vacancies.
c. Punong Barangay  highest ranking
sanggunian barangay member OR 2nd highest
 Tie between or among the highest ranking
sanggunian members shall be resolved by drawing
lots.
d. Sanggunian member  where automatic
succession do not apply:
1. appointment by PRESIDENT, through
Executive Secretary in the case of Sangguniang
Panlalawigan or Panlungsod of highly urbanized
cities and independent component cities
2. apponted by GOVERNOR  sangguniang
panlungsod of component cities and the
sangguniang bayan
93
3. appointed by CITY or MUNICIPAL MAYOR
 sangguniang barangay upon recommendation of
the sangguniang barangay concerned
 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.
 A nomination and a certificate of membership
of the appointee from the highest official of the
political concerned are conditions sine qua non.
 In case the permanent vacancy is caused by a
sanggunian member who does not beling in any
political party, the local chief executive shall upon
recommendation of the sangguinian concerned,
shall appoint a qualified person to fill the vacancy.
 Reason: to maintain party representation
 Recommendation by the sanggunian takes the
place of nomination by the political party (since
members of the sanggunian barangay are prohibited
to have party affiliation) and is considered condition
sine qua non.
 Vacancy in the representation of the youth and
the barangay in the sanggunian  filled
automatically by the official next in rank of the
organization concerned.
 Member of the Sangguniang Kabataan who
obtained the next highest number of votes shall
succeed as Chairman if the latter:
1. refuses to assume office
2. fails to qualify
3. convicted of a crime
4. voluntarily resigns
5. dies
6. permanently incapacitated
7. removed from office
8. has been absent without leave for more than 3
consecutive months
* ineligibility is not one of the causes enumerated in
LGC
Temporary Vacancies
Governor/City or Muncipal Mayor/Punong
Barangay is temporarily incapacitated, due to but
not limited to:
1. leave of absence
2. travel abroad
 Nachura Notes – Constitutional Law
3. suspension from office
 vice governor/city or municipal vice-mayor or
the highest ranking sanggunian barangay member
shall automatically exercise the powers and perform
the duties EXCEPT:
1. power to appoint
2. power to suspend
3. power to dismiss
* which can be exercised only if the period of
temporary incapacity exceeds 30 working days.
- Temporary incapacity shall terminate upon
submission to the appropriate sanggunian of a
written declaration that he has reported back to
office.
- If temporary incapacity due to legal causes 
shall also submit necessary documents showing that
legal cause no longer exists.
If local chief executive traveling within the country
but outside his territorial jurisdiction for a period
not exceeding 3 consecutive days, he may designate
in writing the officer-in-charge of the office.
- Such shall specify the powers and functions
- If the local chief executive refuses to issue such
authorization, the vice governor/city or municipal
vice-mayor or the highest ranking sanggunian
barangay member shall have the right to assume on
the 4th day of the absence of the local chief
executive EXCEPT
1. power to appoint
2. power to suspend
3. power to dismiss
Compensation
 determined by the Sanggunian concerned
 elective barangay official:
1. honoraria
2. allowances and other emoluments, which in no
case less that P1,000/month for the punong
barangay and P600 for the sangguniang barangay
members
 Elective local officials entitled to the same leave
privileges as those enjoyed by appointive local
officials, including cumulation and commutation
Resignation
94
- deemed effective upon acceptance by the ff:
1. President – governor/vice-gov/mayor/vice-
mayor of highly urbanized cities and independent
component cities
2. Governor – municipal mayors/vice-mayors/city
mayors/vice-mayors of component cities
3. Sanggunian concerned – sanggunian members
4. city or municipal mayor – barangay officials
- resignation is deemed accepted if not acted upon
within 15 working days from receipt
- irrevocable resignations by sanggunian
members shall be deemed accepeted upon
1. presentation before an open session
2. duly entered un its record
3. EXCEPT: where sangguniang members are
subject to recall elections or to cases where existing
laws prescribe the manner of acting upon such
resignations.
Grievance Procedure
- Local chief executive shall establish procedure
Discipline
Grounds – disciplined/suspended/removed
1. Disloyalty to the Philippines
2. Culpable violation of the Constitution
3. Dishonesty, oppression, misconduct in office,
gross negligence, or dereliction of duty
- Acts of lasciviousness cannot be considered
misconduct; to constitute a ground for disciplinary
action, official charged with the offense must be
convicted in the criminal action
4. Commission of any offense involving moral
turpitude or an offense punishable by at least prision
mayor
5. abuse of authority
6. unauthorized absence of 15 consecutive
working days except in the case of members of the
sangguniang panlalawigan, panlungsod, bayan and
barangay
7. application for, or acquisition of, foreign
citizenship or residence or the status of an
immigrant of another country
8. other grounds as may be provided in this code
and other laws
 Nachura Notes – Constitutional Law
- An elective local official may be removed from
office on the above grounds by order of the proper
court.
Complaints – verified complaint against;
1. provincial/highly urbanized city or independent
component city elective official  filed before
Office of the President
2. Elective municipal officials  filed before
Sangguniang Panlalawigan appealable to Office
of the President
3. Elective barangay official  filed before
Sangguiniang Panlungsod or Sangguniang Bayan
 final and executory
PROVINCIAL/HIGHLY URBANIZED CITY OR
INDEPENDENT COMPONENT CITY
ELECTIVE OFFICIAL  FILED BEFORE
OFFICE OF THE PRESIDENT
- Local governments under supervision of the
Executive.
- The Constitution allows Congress to include in
LGC provisions for removal of local officials; LGC
has delegated its exercise to the President.
- President has delegated the power to investigate
complaints to the Secretary of DILG  alter ego
principle
- Right to formal investigation – appeal and
defend himself in person or by counsel; confront
witnesses against him; compulsory process for the
attendance of witnesses and the production of
documents.
ELECTIVE MUNICIPAL OFFICIALS  FILED
BEFORE SANGGUNIANG PANLALAWIGAN
APPEALABLE TO OFFICE OF THE
PRESIDENT
- On appeal from decision of the Sanggunian
Panlalawigan, the President may stay execution of
appealed decision
- Decision of Sanggunian Panlalwigan must be:
1. in writing
2. state clearly and distinctly the facts and the
reasons for the decisions
3. signed by the requisite majority of the
sanggunian
95
ELECTIVE BARANGAY OFFICIAL  FILED
BEFORE SANGGUINIANG PANLUNGSOD OR
SANGGUNIANG BAYAN  FINAL AND
EXECUTORY
Preventive Suspension may be imposed by the
PRESIDENT, GOVERNOR or MAYOR
- any time after the issues are joined
- evidence of guilt is strong
- given the gravity of the offense
- there is great probability that the continuance in
office could influence the witnesses or pose threat
to the safety and integrity of the records and other
evidence
- Provided, single preventive suspension shall not
extend beyond 60 days
- In the event that several administrative cases are
filed, he cannot be suspended for more than 90 w/in
a single year on the same ground or grounds
existing and known at the time of the first
suspension.
- Authority to preventively suspend is exercised
concurrently by the Ombudsman  six (6) months
- The preventive suspension of an elective local
official by the Sandiganbayan shall only be for 60
days and not 90 days.
- Upon expiration of preventive suspension,
officer shall be REINSTATED to office without
prejudice to the CONTINUATION OF THE
PROCEEDINGS which shall be terminated within
120 days from the time he was formally notified of
the case against him.
- Abuse of exercise of power of preventive
suspension  abuse of authority
Penalty
- Penalty of suspension shall not exceed his
unexpired term or a period of 6 months for every
administrative offense
- Nor shall penalty be a bar to candidacy as long
as he meets requirements
- Penalty of removal from office as a result of an
administrative case shall be a bar to the candidacy
for any elective office.
- Not more than 6 months for each offense;
provide, the total does not exceed the unexpired
portion of his term
 Nachura Notes – Constitutional Law

9. Civil Registrar
Administrative Appeal – w/in 30 days from receipt 10. Administrator
1. to Sangguniang Panlalawigan  component 11. Legal Officer
cities’ sangguniang panlungsod and sangguniang 12. Agriculturist
bayan 13. Social Welfare and Development Officer
2. to OP  Sangguniang Panlalawigan and 14. Environment and Natural Resources Officer
Sangguniang Panlungsod of highly urbanized cities 15. Architect
and independent component cities 16. Information Officer
- decisions of OP – final and executory 17. Cooperatives Officer
- administrative appeal to OP is possible; only 18. Population Officer
means that administrative appeal will not prevent 19. Veterinarian
enforcement of the decision 20. General Services Officer

Execution Pending Appeal - In the barangay, mandated appointive officials:

- appeal shall not prevent decision from being 1. Barangay Secretary
executed 2. Barangay Treasurer
- during pendency of appeal – shall be considered
as having been placed under preventive suspension Administrative Discipline – in accordance with civil
- OP may stay execution of a decision pending service law and other pertinent laws
appeal 1. Preventive Suspension
- Local chief executive
Effect of Re-election - Period not exceeding 60 days
- Bars continuation of administrative case against - Any subordinate officer or employee under his
him authority
- Re-election is tantamount to condonation by the - Pending investigation
people - If the charge involves:
1. dishonesty
Appointive Local Officials 2. oppression
3. grave misconduct
Responsibility for human resources and 4. neglect in the performance of duty
development 5. or if there is reason to believe that respondent is
- Local chief executive guilty of the charges which would warrant removal
- May employ emergency or casual employees or 2. Disciplinary Jurisdiction
laborers paid on daily wage or piecework basis and - Local chief executive may impose penalty of :
hired through job orders for local projects 1. removal
authorized by sanggunian, without need of approval 2. demotion in rank
from CSC 3. suspension for not more than 1 year without pay
- Said employment shall not exceed 6 months. 4. fine in an amount not exceeding 6 months’
salary
Officials Common to all 5. reprimand
Municipalities/Cities/Provinces - If penalty is suspension without pay for not
1. Secretary to the Sanggunian more than 30 days, decision shall be final.
2. Treasurer - If heavier, appealable to CSC which shall decide
3. Assessor the appeal within 30 days from receipt.
4. Accountant
5. Budget Officer - Disciplinary authority over City Revenue
6. Planning and Development Coordinator Officer  City Treasure NOT Mayor.
7. Engineer
8. Health Officer V. INTER-GOVERNMENTAL RELATIONS
96
 Nachura Notes – Constitutional Law
National Government
Power of General Supervision
- President over LGUs
- Supervisory authority directly over provinces,
highly urbanized cities and independent component
cities.
- Through the Province with respect to
component cities and municipalities
- Through City and Municipality with respect to
barangays
Coordination with National Agencies
- National agencies and offices with project
implementation functions shall coordinate with one
another and with the LGU
- Ensure participation of LGU in planning and
implementation of national projects.
Consultation
- Before project or program shall be
implemented:
1. consultation
2. prior approval of sanggunian
- Provided, occupants in areas where such
projects are to be implemented shall not be evicted
unless appropriate relocation sites have been
provided.
Philippine National Police
- Operational supervision of local chief executive
 police force, fire protection unit and jail
management personnel
Inter-Local Government Relations
- Province through Governor
 Ensure that every component city and
municipality within its territorial jurisdiction acts
within the scope of its prescribed powers
 Highly urbanized cities and independent
component cities shall be independent of the
province.
 Governor shall review a; Eos promulgated by
the component city or municipal mayor within its
jurisdiction.
 The city or municipal mayor shall review all
EOs promulgated by the punong barangay within
his jurisdiction.
97
 Failure to act w/in 30 days from submission 
deemed consistent with law and therefore valid.
- In the absence of a municipal legal officer,
municipal government may secure opinion of
provincial legal officer; absence of the latter,
provincial prosecutor.
- City or Municipal Mayor  exercise general
supervision over component barangays
- LGUs may through appropriate ordinance group
themselves, consolidate or coordinate their
efforts/services/resources for purposes commonly
beneficial to them.
 Contribute fund upon approval by sanggunian
after public hearing
People’s and Non-Governmental Organizations
 LGU’s shall promote their establishment to
become active partners in the pursuit of local
autonomy.
 LGUs may enter into joint ventures and other
cooperative arrangements with People’s and Non-
Governmental Organizations to engage in the
delivery of basic services.
 LGU, through local chief executive with
concurrence of sanggunian, provide assistance –
financial or otherwise – to People’s and Non-
Governmental Organizations for economic,
socially-oriented, environmental or cultural projects
to be implemented within its territorial jurisdiction.
Mandated Local Agencies
1. Local School Board
2. Local Health Board
3. Local Development Council
4. Local Peace and Order Council
Settlement of Boundary Disputes
1. Boundary Disputes between and among LGUs
 Settled amicably
 Rules
a. Involving 2 or more barangays in the same
city/municipality – referred to Sangguniang
Panlungsod or Sangguniang Bayan
b. Incolving 2 or more municipalities in the same
province – referred to Sangguniang Panlalawigan
c. Involving municipalities or component cities in
different provinces – jointly referred to the
sanggunians of the provinces
 Nachura Notes – Constitutional Law
d. Involving a component city or municipality on
the one hand and a highly urbanized city on the
other, or 2 or more highly urbanized cities – jointly
referred to the respective sanggunians of the parties
2. Sanggunian fails to effect a settlement within 60
days from the date the dispute was referred to it, it
shall issue a certification.
3. Dispute shall then be formally tried by the
sanggunian, which shall decide the issue within 60
days from the date of the certification.
4. within the time and manner prescribed by the
ROC, any party may elevate the decision of the
sanggunian concerned to the proper RTC having
jurisdiction over the area in dispute which shall
decide the appeal within 1 year from filing.
5. Settlement of boundary dispute between a
municipality and an independent component city in
the same province  RTC in the province that can
adjudicate the controversy.
6. The boundaries must be clear for they define the
limits of the territorial jurisdiction of the LGU. It
can legitimately exercise powers of government
only within the limits of its territorial jurisdiction.
Beyond these limits, its acts are ultra vires.
VI. LOCAL INITIATIVE AND REFERENDUM
Local Initiative
 It is the legal process whereby the registered
voters of a local government unit may directly
propose, enact or amend any ordinance.
 It may be exercised by all registered voters.
Procedure
1. Petition filed with the sanggunian proposing the
adoption, enactment, repeal or amendment of an
ordinance
 Not less than 2,000 registered voters in the
region
 Not less than 1,000 registered voters in cases of
provinces and cities
 Not less than 100 voters in case of
municipalities
 Not less than 50 voters in case of barangays
2. If no favorable action taken, within 30 days
from presentation, the proponents through their duly
authorized and registered representatives, may
98
invoke their power of initiative, giving notice to the
sanggunian concerned.
3. The proposition shall be numbered serially –
starting from Roman Numeral I. Two or more
propositions may be submitted in an initiative. The
COMELEC or designated representative shall
extend assistance in the formulation of the
proposition.
4. Proponents collect the required number of
signatures within
 90 days in case of provinces and cities
 60 days in case of municipalities
 30 days in case of barangays
 From NOTICE
5. The petition shall be signed before the election
registrar or his representative, in the presence if the
a representative of a proponent and a representative
of the sanggunian in a public place in the local
government unit.
6. Lapse of the period, COMELEC shall certify as
to whether the required the number of signatures
has been obtained. Failure to obtain the required
number of signatures. Failure to obtain the required
number of signatures defeats the proposition.
7. If required number is obtained, the COMELEC
shall set a date for the initiative during which the
proposition is submitted to the registered voters for
their approval:
 w/in 60 days in case of provinces
 w/in 45 days in case of municipalities
 w/in 30 days in case of barangays
 from date of CERTIFICATION by COMELEC.
The initiative shall be held on the date set, after
which the results shall be certified and proclaimed
by the COMELEC.
8. If the proposition is approved by a majority of
the votes cast, it shall take effect 15 days after
certification by the COMELEC.
Limitations
On Local Initiative
1. not be exercised more than once a year
2. extend only to subjects or matters which are
within the legal powers of the sanggunian to enact
3. at any time before the initiative is held, the
sanggunian adopts in toto the proposition presented
and the local chief executive approves the same, the
 Nachura Notes – Constitutional Law
initiative shall be cancelled. However, those against
such action may apply for initiative.
On the Sanggunian
 Any proposition or ordinance approved through
an initiative and referendum shall not be repealed,
modified or amended by the sanggunian w/in 6
months from date of approval.
 Amended, modified or repealed w/in 3 years by
a vote of all its members.
 In case of barangays, the period shall be 18
months after the approval.
Local Referendum
 Legal process whereby the registered voters of
the LGUs may approve, amend or reject any
ordinance enacted by the sanggunian.
 The local referendum shall be held under the
control and direction of the COMELEC:
1. w/in 60 days in case of provinces
2. w/in 45 days in case of municipalities
3. w/in 30 days in case of barangays
 COMELEC shall certify and proclaim the
results of the said referendum.
Authority of Courts
 Nothing shall preclude the proper courts from
declaring null and void any proposition approved
pursuant for violation of the Constitution or want of
capacity of the Sanggunian concerned to enact said
measure.
VII. LOCAL GOVERNMENT UNITS
The Barangay
Chief Officials and Offices
 There shall be in each barangay:
1. PUNONG BARANGAY
2. 7 SANGGUNIANG BARANGAY MEMBERS
3. The SANGGUNIANG KABATAAN
CHAIRMAN
4. BARANGAY SECRETARY
5. BARANGAY TREASURER
6. LUPONG TAGAPAMAYAPA
99
 The Sangguniang Barangay may form brigades
and create such other positions or offices as may be
deemed necessary to carry out the purposes of the
barangay government.
 Punong Barangay, Sangguniang Barangay
Members and members of the Lupong
Tagapamayapa in each barangay shall be deemed as
Persons in Authority in their jurisdiction; while
other barangay officials and members who may be
designated by law or ordinance and charged with
maintenance, protection and security, and any
barangay members who comes to the aid of persons
in authority shall be deemed agents of persons in
authority.
 Barangay Chairman is a public officer who may
e charged with arbitrary detention.
 Barangay Chairman entitled to possess and
carry firearms within the territorial jurisdiction of
the barangay.
The Barangay Assembly
 Composed of:
1. All persons who are actual residents of the
barangay for at least 6 months,
2. 15 years of age or over
3. Citizens of the Philippines
4. Duly registered in the list of barangay assembly
members
 Meet at least 2x a year to hear and discuss the
semestral report to the sangguniang barangay
concerning its activities and finances and problems
affecting the barangay.
Katarungang Pambarangay
Lupong Tagapamayapa
 Punong barangay as chairman
 10 to 20 members
 Constituted every 3 years
Powers of the Lupon
1. Exercise administrative supervision over the
conciliation panels
2. Meet regularly once a month to provide a forum
for exchange of ideas among its members and the
public of matters relevant to the amicable settlement
of disputes, and to enable various conciliation panel
members to share with one another their
 Nachura Notes – Constitutional Law

observations and experiences in effecting speedy  There shall be an organization of all the
resolution of disputes prederasyn ng mga sangguniang kabataan:
3. Exercise such other powers and perform such 1. in municipalities  pambayang pederasyon
other duties and functions as may be prescribed by 2. in cities  panlungsod ng pederasyon
law or ordinance 3. in provinces  panlalawigang pederasyon
4. special metropolitan political subdivision 
Pangkat ng Tagapagkasundo pangmetropolitang pederasyon
 Conciliation panel or Pangkat ng 5. on national level  pambansang pederasyon
Tagapagkasundo shall be constituted for each
dispute brought before the lupon. Leagues of Local Government Units/Officials
 Consists of 3 members - Liga ng mga Barangay
 Chosen by the parties to the dispute  Organization of all the barangays for the
 From list of members of the lupon primary purpose of determining the representation
 Should the parties fail to agree on the pangkat of the Liga in the sanggunians
membership, the same shall be determined by lots  And for ventilating, articulating and
drawn by the lupon chairman crystallizing issues affecting barangay government
administration and securing, through proper and
Subject Matter of Amicable Settlement legal means, solutions.
1. procedure
 Liga is empowered to create such other
2. conciliation
positions as may be deemed necessary.
3. arbitration
4. effects of settlement and arbitration award
League of Municipalities
 Organized for the primary purpose of
Sangguniang Kabataan
ventilating, articulating and crystallizing issues
- Creation: There shall be in every barangay a
affecting municipal government administration, and
Sangguniang Kabataan
securing through proper and legal means, solutions.
1. a Chairman
2. 7 Members
XII. ELECTION CONTESTS
3. a secretary
4. a treasurer
Jurisdiction over Election Contests
- An official who, during his term of office, shall
have passed the age of 21 shall be allowed to serve  Original and Exclusive
the remaining portion of the term for which he was 1. President/VP SC
elected. 2. Senator Senate ET
3. Representative HRET
Katipunan ng Kabataan 4. Regional/Provincial/City COMELEC
 Shall be composed of: 5. Municipal RTC
1. all citizens of the Philippines actually residing 6. Barangay MTC/MeTC
in the barangay for at least 6 months
2. who are 15 but not more than 21 years of age  Appellate
3. duly registered in the list of the sangguniang  Decision of RTC/MTC/MeTC = exclusively to
kabataan or in the official barangay list in the COMELEC, whose decision shall be final,
custody of the barangay secretary. executory and unappealable.
 It shall meet once every 3 month, or at the call  Election Contests for Municipal Offices:
of the sangguniang kabataan chairman, or upon o Filed with RTC shall be decided expeditiously.
written petition of at least 1/20 of its members. o Decision may be appealed to COMELEC w/in 5
days from promulgation or receipt of copy by the
Pederasyon ng mga Sangguniang Kabataan aggrieved party.

100
 Nachura Notes – Constitutional Law
o COMELEC shall decide appeal within 60 days
after it is submitted for decision, but not later than 6
months after the filing of the appeal, which decision
shall be final, executory and unappealable.
o MR is a prohibited pleading.
o COMELEC cannot deprive RTC of its
competence to order EXECUTION of its decision
PENDING APPEAL, being a judicial prerogative
and there being no law disauthorizing the same.
o In the exercise of its exclusive appellate
jurisdiction, COMELEC has the power to issue
writs of prohibition, mandamus or certiorari.
 In the absence of any express provision, RTC, a
court of general jurisdiction, has jurisdiction over
controversies involving election of members of the
Sangguniang Kabataan.
 Decision in appealed cases involving elective
municipal and barangay officials raised to SC via
SCA for certiorari on the ground that COMELEC’s
factual finding is marred by grave abuse of
discretion.
 Review of a decision of the Electoral Tribunal is
possible only in the exercise of supervisory or
extraordinary jurisdiction, and only upon showing
that the Tribunal’s error results from whimsical,
capricious, unwarranted, arbitrary or despotic
exercise of power.
 Purposes of election contests cognizable by
Electoral Tribunal  HRET rules of procedure
prevail over provisions of the Omnibus Election
Code
Actions which may be Filed
1. Election Protest
2. Quo Warranto
Election Protest
Requisites:
1. filed by any candidate who has filed a certificate
of candidacy and has been vote upon for the same
office.
2. on grounds of fraud, terrorism, irregularities or
illegal acts committed before, during or after casting
and counting of votes
 rights of contending parties must yield to the far
greater interest of the citizens in upholding the
sanctity of the ballot.
101
 COMELEC cannot simply close its eyes to the
illegality of the ballots, even if the protestant
omitted to raise the ground in his protest.
 Handwriting  even without the use of experts;
being an internal matter.
 Order regarding the revision of ballots is an
interlocutory order  requires a party to perform
certain acts leading to the final adjudication of the
case.
 General Rule: The filing of an election protest
or quo warranto precludes the subsequent filing of a
pre-proclamation controversy or amounts to an
abandonment of one earlier filed, depriving the
COMELEC of the authority to inquire into and pass
upon the title of the protestee or the validity of the
proclamation.
o Exceptions:
1. Board of Canvassers was improperly
constituted.
2. Quo Warranto is not the proper remedy.
3. What was filed was not really a petition for quo
warranto or an election protest but a petition to
annul a proclamation
4. filing of an election contest was expressly made
without prejudice to the pre-proclamation
controversy or was made in ad cautelam
5. proclamation was null and void (in which case
the pre-proclamation case is not rendered moot)
 general denial does not amount to an admission
of the material allegations in the protest.
 Failure to commence the revision of ballots in
the counter-protested precincts’ is deemed a waiver
of his counter-protest.
 Omissions are merely administrative lapses,
error to nullify election results in the absence of
clear showing of fraud.
3. w/in 10 days from proclamation of the results of
the election
 period for filing election protest is suspended
while pre-proclamation case is pending.
 After 5 days from Proclamation  files appeal
in pre-proclamation case  only 5 days left to file
election protest.
 COMELEC may not entertain a counter-protest
filed beyond the reglementary period to file the
same
 Nachura Notes – Constitutional Law
 Petition or protest contesting the election of a
barangay official should be decided by the
MTC/MeTC w/in 15 dyas from filing.
Payment of Docket Fees
o Pay docket fee of )300
o Additional docket fees for damages
o Failure to pay, protest should be dismissed
Requirement for Certificate of Absence of
Forum Shopping
Death of Protestant
o Does not extinguish election protest.
o Imbued with public interest – involves not only
adjudication of the private interest of the rival
candidates but also the paramount need of
dispelling once and for all the uncertainty that
beclouds the real choice of the electorate with
respect to who shall discharge the prerogatives of
the office.
o If persons not real parties in interest in the
action could be allowed to intervene, proceedings
will be unnecessarily complicated, expensive and
interminable.
Quo Warranto
Requisites:
1. filed by any registered voter in the constituency
2. grounds of ineligibility or disloyalty to the
Republic
3. w/in 10 days from proclamation
Distinction between Quo Warranto in elective and
appointive office
1. Elective Office
- Issue is the eligibility of the officer-elect
- Court/tribunal cannot declare protestant or the
candidate who obtained the 2nd highest number of
votes as having been elected.
 There must be a final judgment of
disqualification before the election in order that the
votes of the disqualified candidate can be
considered “stray.”
 In voting for a candidate who has not been
disqualified by final judgment during election day,
the people voted for him bona fide, without any
intention to misapply their franchise and in the
102
honest belief that the candidate was then qualified
to be the person to whom they would entrust the
exercise of the power s of government.
2. Appointive Office
- Issue is the legality of the appointment
- The court determined who of the parties has
legal title to the office
Execution Pending Appeal
 TC may grant a motion for execution pending
appeal, because the mere filing of an appeal does
not divest the trial court of its jurisdiction.
 Since it had jurisdiction to act on the motion at
the time it was filed, that jurisdiction continued
until the matter was resolved, and was not lost by
the subsequent action of the opposing party.
 Rationale: to give as much recognition to the
worth of the trial judge’s decision as that which is
initially ascribed by law to the proclamation of the
Board of Canvassers,
 To prevent the “grab the proclamation, prolong
the protest” techniques.
 Factors:
o Public interest involved or will of the electorate
o Shortness of the remaining portion of the term
o Length of time that the election contest has been
pending
 Reasons allowing for immediate execution must
be of such urgency as to outweigh the injury or
damage of the losing party should such party secure
a reversal of judgment on appeal.
 Filed before expiration of the period for appeal.
Award of Damages
 Actual and compensatory damages may be
awarded in election contests and quo warranto
proceedings
 Intent of the legislators to do away with the
provisions indemnifying the victorious party for
expenses incurred in the election contest, in the
absence of a wrongful act or omission clearly
attributable to the losing party.
 Question for damages remain ripe for
adjudication notwithstanding that the appeal from a
decision of the election case has already been moot
Contest
 Nachura Notes – Constitutional Law

 Involving title or claim of title to an elective o Not necessary that deadly weapon be seized
office, made before or after proclamation of the from the accused.
winner, whether or not the contestant is claiming 6. Transfer or detail of government
the office in dispute. official/employee without COMELEC approval
o Exception: not penalized, if done to promote
Election, Returns and Qualifications efficiency.
 Collectively, all matters affecting the validity of o To prove violation:
the contestee’s title to the position a. Fact of transfer or detail within the election
period as fixed by the COMELEC
Election b. Transfer or detail was made without prior
 Conduct of the polls approval of the COMELEC
 Includes
1. listing of votes Good Faith is not a defense
2. holding of election campaign o Generally, mala prohibita
3. casting of votes o Proof of criminal intent is not necessary
4. counting of votes o Good faith, ignorance, or lack of malice is not a
defense
Returns
 Includes:
1. canvass of returns Jurisdiction over Election Offenses
2. proclamation of winners  Investigation and prosecution – COMELEC has
3. questions concerning composition of Board of exclusive jurisdiction.
Canvassers  May validly delegate to Provincial Prosecutor.
4. authenticity of elections returns  It is not the duty of the COMELEC to gather
proof in support of a complaint.
Qualifications  Trial and Decision – RTC has exclusive
 may be raised in quo-warranto proceeding jurisdiction to try and decide any criminal actions or
against proclaimed winner proceedings for violation of election laws.
 The MTC and MeTC, by way of exception,
XIII. ELECTION OFFENSES exercises jurisdiction only over offenses relating to
failure to register or to vote.
Prohibited Acts
1. Vote-buying and vote-selling Preferential Disposition of Election Offenses
o Distribution of yosi (People vs. Ferrer)  Investigation and prosecution of election
2. Wagering upon the result of the elections offenses shall be given priority by COMELEC.
o Bet or wager forfeited to Government
 Investigating officer shall resolve the case w/in
3. Threats, intimidation, terrorism, use of 5 days from submission.
fraudulent device or other forms of coercion
 Courts shall give preference to election offenses
4. Appointment of new employee
over all other cases.
o Exception:
o Exception: writ of HC
a. In case of urgent need
 Cases shall be decided w/in 30 days from
b. w/ notice given to COMELEC
submission.
c. w/in 3 days from appointment
o Includes creation of new positions, promotion or
Prescription for election offenses
granting of salary increase.
o 5 years from date of commission
5. Carrying of deadly weapon within a radius of
100 meters from precint
GENERAL PRINCIPLES
103
 Nachura Notes – Constitutional Law

6. adjust individual controversies because of

Administrative Law - Branch of public law which: strong social policy involved
 Fixes the organization 7. make the government a private party
 Determines the competence of administrative
authorities II. POWER OF ADMINSITRATIVE BODIES
 Indicates to the individual remedies for the
violation of his rights. Powers of Administrative Bodies
1. Quasi-legislative or rule-making power
Kinds 2. Quasi-judicial or adjudicatory
1. Statutes 3. Determinative
2. Rules, regulations or orders
3. Determinations, decisions and orders Quasi-Legislative Power
4. Body of doctrines and decisions  Exercise of delegated legislative power
 Involves no discretion as to what the law shall
Administration be
1. as a Function – the execution, in non-judicial  Fix the details in the execution or enforcement
matters, of the law or will of the State as expressed of a policy
by competent authority  Rules and regulations issued by administrative
2. as an Organization – group or aggregate of authorities pursuant to powers delegated to them
persons in whose hand the reins of government are have the force and effect of law
for the time being. o They are binding on all persons subject to them
o Courts will take judicial notice
Kinds
 Letters of Instructions and Eos are presidential
1. Internal – legal side of public administration
issuances; one may repeal or alter, modify or amend
2. External – deals with problems of government
the other, depending on which comes later.
regulation
 The function of promulgating rules and
Administrative Bodies or Agencies regulations may be legitimately exercised only for
- Organ of government which affects the rights of the purpose of carrying out the provisions of the law
private parties either through adjudication or rule- into effect.
making.  Administrative regulations cannot extend the
- Creation law or amend a legislative enactment.
1. constitutional provision  Administrative regulations must be in harmony
2. legislative enactment with the provisions of law. It must not override, but
3. authority of law must remain consistent with the law they seek to
- Criterion apply and implement.
 primarily regulatory  Administrative agency has no discretion
 on its rule-making authority it is administrative whether or not to implement a law. Its duty is to
when it does not have discretion to determine what enforce the law.
the law shall be but merely prescribes details for the  Administrative order is an ordinance issued by
enforcement of the law. the President which relates to specific aspects in the
- Types administrative operation of Government.
1. offering some gratuity, grant or special privilege
2. carry on certain of the actual business of the Kinds of Administrative Rules or Regulations
government 1. Supplementary or Detailed Legislation
3. performing some business service for the public  Fix the details in the execution and enforcement
4. regulate business affected with public interest of a policy set out in the law.
5. regulate private business and individuals, 2. Interpretative Legislation
pursuant to police power
104
 Nachura Notes – Constitutional Law
 Construe or interpret the provisions of a statute
to be enforced
 Binding on all concerned until they are changed
 Effect of law and are entitled to respect
 Have in their favor presumption of legality
 Erroneous application of the law by public
officers does not bar subsequent correct application
of the law
3. Contingent Legislation
 Made on the existence of certain facts or things
upon which the enforcement of law depends.
Requisites for Validity
1. Issued under authority of law
2. Within the scope and purview of the law
3. Reasonable
4. Publication in the OG or in a newspaper of
general circulation
 Interpretative rules and regulations/mere
internal in nature/ letters of instructions concerning
the rules and guidelines to be followed by their
subordinates in the performance of their duties may
simply be POSTED in CONSPICUOUS PLACES
in the AGENCY.
 DOLE Department Order and POEA
Memorandum Circulars – proper publication +
filing in the Office of the National Administrative
Register (Article 5 of LC)
Administrative Rules with Penal Sanctions
(additional requisites)
1. law itself must declare as punishable the
violation of the administrative rule or regulation
2. law should define or fix the penalty for the
violation of the administrative rule or regulation
Necessity for Notice and Hearing
 NO constitutional requirement for a hearing:
1. promulgation of a general regulation
2. rule is procedural
3. merely legal opinions
4. substantive rules where the class to be affected
is large and the questions to be resolved involve the
use of discretion committed to the rule-making
body
 Hearing Requirement:
105
1. subordinate legislation, designed to implement a
law by providing details
2. substantially adds to or increase the burden of
those concerned
3. exercise of quasi-legislative authority
Function of Prescribing Rates by an Administrative
Agency may either be:
 Legislative Function: prior notice and hearing is
not a requirement
 Where the rules and rates are meant to apply to
ALL enterprises of a given kind throughout the
country, they may partake of a legislative character
 Adjudicative Function: prior notice and hearing
are essential to the validity
 Where the rules and rates are meant to apply
exclusively to a particular party, then its function is
quasi-judicial in character
• Where hearing is indispensable, it does not
preclude the Board from ordering, ex-parte, a
provisional increase subject to its final disposition
of whether or not to make it permanent, to reduce or
increase it further or to deny the application.
(Maceda vs. Energy Regulatory Board)
Determinative Powers
1. Directing
 Power of assessment of BIR and Customs
2. Enabling
 Permit or to allow something which the law
undertakes to regulate
3. Dispensing
 To exempt from a general prohibition OR
 Relieve individual or corporation from an
affirmative duty
4. Examining
 Investigatory power
1. production of books, papers, etc.
2. attendance of witnesses
3. compelling their testimony
 Power to compel attendance of witnesses not
inherent in administrative body
 But an administrative officer authorized to take
testimony or evidence is deemed authorized to
administer oath, summon witnesses, require
production of documents, etc.
 Nachura Notes – Constitutional Law
 Power to punish contempt must be expressly
granted to the administrative body; when granted,
may be exercised only when administrative body is
actually performing quasi-judicial functions
5. Summary
 Power to apply compulsion or force against
persons or property to effectuate a legal purpose
without a judicial warrant to authorize such action
Quasi-Judicial or Adjudicatory Powers
- Proceedings partake of the character of judicial
proceedings
- Administrative due process
1. right to hearing
2. tribunal must consider evidence presented
3. decision must have something to support itself
4. evidence must be substantial
5. decision must be based on the evidence adduced
at the hearing or at least contained in the record and
disclosed to the parties
6. the Board or Judges must act on its or
independence consideration of the facts and the law
of the case, and not simply accept the views of a
subordinate in arriving at a decision
7. decision must be rendered in such a manner that
the parties to the controversy can know the various
issues involved and the reasons for the decision
rendered
- In forfeiture proceeding, where the owner of the
allegedly prohibited article is known, mere posting
of the notice of hearing in the Bulletin Board does
not constitute compliance.
- Due process demands that the person be duly
informed of the charges against him. He cannot be
convicted of an offense with which he was not
charged.
 Party be afforded reasonable opportunity to be
heard and to submit any evidence he may have in
support of the defense.
 In administrative proceedings, it means the
opportunity yto explain one’s side or opportunity to
seek a reconsideration of the action or ruling
complained of; a formal or trial-type hearing is not,
at all times, necessary.
 Requirement of notice and hearing in
termination cases does not connote full adversarial
proceedings, as actual adversarial proceedings
become necessary only for clarification or when
106
there is a need to propound searching questions to
witnesses who give vague testimonies.
 Procedural right which employee must ask for
since it is not an inherent right.
 Summary proceedings may be conducted
- Administrative due process dies not necessarily
require the assistance of counsel.
- In a request for extradition, the prospective
extradite does not face a clear and present danger of
loss of property or employment, but of liberty itself.
 He is entitled to the minimum requirements of
notice and opportunity to be heard.
- 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.
- Administrative due process:
1. opportunity to be heard
2. opportunity to seek reconsideration
3. opportunity to explain one’s side
- Substantial evidence: such relevant evidence as
a reasonable mind might accept as adequate to
support a conclusion which is the quantum of proof
necessary to prove a change in an administrative
case
- “To be heard” does not mean only verbal
agreements in court, one may also be heard through
pleadings.
Administrative Determinations where Notice and
Hearing are NOT necessary for due process
1. grant of provisional authority for increased rates
or to engage in a particular line of business
2. summary proceedings of distraint and levy upon
the property of a delinquent taxpayer
3. cancellation of passport, no abuse of discretion
4. summary abatement of a nuisance per se which
affects the immediate safety of persons/property
5. preventive suspension of a public
officer/employee pending investigation of
administrative charges
Right Against Self-Incrimination
 Administrative charge of unexplained wealth
which may result in forfeiture of the property
 Nachura Notes – Constitutional Law
 Medical practitioner where proceeding could
possibly result in the loss of his privilege to practice
medicine
 Right may be invoked at the time he is called as
a witness
 If he voluntarily takes the witness stand, he can
be cross-examined, but he may still invoke the right
at the time the question which calls for an answer
which incriminates him of an offense other than that
which is charged is asked.
Power to Punish Contempt is Inherently Judicial
1. conferred by law and
2. administrative body is engaged in performance
of its quasi-judicial powers
Administrative Decisions not Part of the Legal
System
 no vested right
 could not place government in estoppel
Administrative Appeal and Review
1. higher or superior administrative body
2. President/ Department Secretaries by virtue of
the power of Control
3. appellate administrative agency
Doctrine of res judicata
 Decisions and orders of administrative agencies
have upon their finality, the force and effect of a
final judgment within the purview of the doctrine of
res judicata.
 Conclusive upon the rights of the affected
parties as though the same had been rendered by a
court of general jurisdiction.
 Forbids the reopening of a matter once
determined by competent authority acting within
their exclusive jurisdiction.
 Applies to adversary administrative proceeding
 Does NOT apply in administrative adjudication
relative to citizenship
 Exception: Zita Ngo Burca vs. Republic
1. question of citizenship is resolved by a court or
an administrative body as a material issue in the
controversy after a full-blown hearing
2. active participation of the SolGen
3. finding made by the administrative body on the
citizenship issue is affirmed by the SC
107
- LLDA: regulatory and quasi-judicial power in
respect to pollution cases and matters affecting the
construction of illegal fishpens, fish cages and other
aqua-structures in Laguna de Bay; may issue cease
and desist orders
- DECS Regional Director: return to work order;
administrative charges; constitute an investigating
panel
- Housing and Land Use Regulatory Board
(HLURB): unsound real estate business practices
- Department of Energy: electric power
- Home Insurance Guarantee Corporation(HIGC):
disputes involving homeowners association
III. EXHAUSTION OF ADMINISTRATIVE
REMEDIES
Doctrine
- 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.
Reasons
1. if relief is first sought from a superior
administrative agency, resort to courts may be
unnecessary
2. administrative agency should be given a chance
to correct its error
3. principles of comity and convenience
4. judicial review of administrative decisions is
usually made through special civil actins, which
will not normally prosper if there is another plain,
speedy and adequate remedy in the ordinary course
of law
 Only decision of administrative agencies made
in the exercise of QUASI-JUDICIAL and
ADJUDICATORY POWERS are subject to the rule
on exhaustion.
 Constitutionality/validity of a rule or regulation
in the performance of quasi-legislative function 
regular courts have jurisdiction
Corollary Principle
1. Doctrine of Prior Resort/ Doctrine of Primary
Administrative Jurisdiction
 Nachura Notes – Constitutional Law
 No 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.
 Conversion of subdivision lots  HLURB
 Enforcement of forestry laws  DENR
 Issuing license to radio stations  NTC
 Disputes arising from construction contracts 
Construction Industry Arbitrary Commission
 Agricultural lands under the coverage of CARP
 DAR
 Effluents of a particular industrial establishment
 Pollution Adjudication Board
2. 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 only initiate the
prescribed administrative proceeding, but must
pursue it to its appropriate conclusion before
seeking judicial intervention.
Effect of Failure to Exhaust Administrative
Remedies
- Jurisdiction of court is NOT affected
- Complainant is deprived of a CAUSE OF
ACTION which is a ground for MTD
- If no MTD is filed, deemed a waiver
Exceptions
1. Doctrine of Qualified Political Agency (alter
ego doctrine)
2. Administrative remedy is fruitless
3. Estoppel on the part of the Administrative
Agency
4. Issue involved is purely a legal question
5. Administrative action is patently illegal
6. Unreasonable delay or official inaction
7. Irreparable injury or threat, unless judicial
recourse is immediately made
8. Land cases, where subject matter is private land
9. Law does not make exhaustion a condition
precedent to judicial recourse
10. Observance of the doctrine will result in the
nullification of the claim
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11. Special reasons or circumstances demanding
immediate court action
12. Due process of law is clearly violated
13. Rules does not provide a plain, speedy and
adequate remedy
IV. JUDICIAL REVIEW OF
ADMINISTRATIVE DECISIONS
Rule
 Judicial review may be granted or withheld as
Congress chooses
 Except: when Constitution requires or allows it
 Judicial review of administrative decisions
cannot be denied the courts when there is an
allegation of grave abuse of discretion.
Bases for Judicial Review
 Unless otherwise provided by this Constitution
or by law
 Any decision, order or ruling of each
Commission may be brought to the SC on certiorari
 w/in 30 days from receipt of a copy
General Principles
 underlying power in the Courts to scrutinize the
acts of administrative agencies on questions of law
and jurisdiction although no right of review is given
by statute.
 Keep administrative agencies within its
jurisdiction.
 Protect substantial rights of parties affected by
the decisions.
 Part of system of checks and balances which
restricts the separation of power and forestalls
arbitrary and unjust adjudication.
Methods of Obtaining Judicial Review
1. Statutory or Non-Statutory
 Statutory – available pursuant to statutory
provision
 Non-statutory – no express statute granting
review, relief is obtained by means of:
1. common law remedies
2. prerogative writs of certiorari
3. mandamus
4. HC
5. prohibition
 Nachura Notes – Constitutional Law
6. quo warranto
 if statutory methods for judicial review are
available, they are ordinarily exclusive and the use
of non-statutory methods will not likely be
permitted.
2. Direct or Collateral
 Direct – attempt to question in subsequent
proceedings the administrative action for lack of
jurisdiction, grave abuse of discretion, etc. (attack
on citizenship of an individual)
 Collateral – relief from administrative action
sought in a proceeding the primary purpose of
which is some relief other than the setting aside of
the judgment, although an attack on the judgment
may be incidentally involved.
What Court has Jurisdiction
 CA have appellate jurisdiction over judgments
or final orders of the CTA and from awards,
judgments, final orders or resolutions of or
authorized by any quasi-judicial agency in the
exercise of its quasi-judicial functions.
 Administrative bodies, co-equal with RTC on
terms of rank and stature and beyond the control of
the latter.
 Doctrine of Non-Interference by TCs with co-
equal administrative bodies is intended to ensure
judicial stability.
 Reviewed by RTC  Bureau of Immigration,
Court martial, LLDA
Questions which may be subject of judicial review
1. Question of Law
2. Question of Fact
 Factual findings of administrative agencies are
generally conclusive upon the courts if supported by
substantial evidence, EXCEPT
1. expressly allowed by statute
2. fraud, imposition or mistake other than error of
judgment
3. error in appreciation of the pleadings and in the
interpretation of the documentary evidence
presented by the parties
3. Mixed Question of Law and Fact (Brandeis
Doctrine of Assimilation of Facts)
 What purports to be a finding upon a question of
fact is so involved with and dependent upon a
question of law as to be in substance and effect a
109
decision on the latter, the Court will, in order to
decide the legal question, examine the entire record
including the evidence.
Guidelines for the exercise of the power
 Findings of fact are respected as long as they are
supported by substantial evidence, even if not
overwhelming or preponderant.
 Findings of administrative officials and agencies
who have acquired expertise are generally accorded
not only respect but at all times even finality.
 Principle that factual findings of administrative
bodies are binding upon the Court may be sustained
only when no issue of credibility is raised.
 It is not for the reviewing court to weigh the
conflicting evidence, determine credibility of
witnesses or otherwise substitute its judgment for
that of the administrative agency on the sufficiency
of evidence.
 Administrative decision in matters with the
executive jurisdiction can only be set aside on proof
of
1. grave abuse of discretion
2. fraud
3. collusion
4. error of law
 Courts will not generally interfere with purely
administrative matters unless there is clear showing
of arbitrary, capricious or grave abuse of discretion
amounting to lack of jurisdiction.
Judicial Review is not trial de novo
 It is merely an ascertainment of whether the
findings of the administrative agency are consistent
with law, free from fraud or imposition and
supported by evidence.
I. GENERAL PRINCIPLES
Public Office
- Right, authority, duty, created and conferred by
law, by which for a given period, either fixed by
law or enduring at the pleasure of the creating
power, an individual is invested with some
sovereign power of government to be exercised by
him for the benefit of the people.
 Nachura Notes – Constitutional Law
- Elements:
1. created by law or by 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 by the legislature or by legislative authority
4. duties must be performed independently and
without control of the superior power UNLESS they
be those of an inferior or subordinate officer created
or authorized by the legislature and placed under the
general control of a superior officer or body
5. permanence or continuity
- Creation:
1. Constitution
2. statutory enactment
3. authority of law
Public Officer
- a person who holds office
- Public Officer, as understood under criminal
law
 Article 203. any person who, by direct provision
of law, popular election or appointment by
competent authority shall take part in the
performance of public functions in the Government;
or shall perform in said Government public duties
as am employee, agent, or subordinate official of
any rank or class, shall be deemed to be a public
officer.
 RA 3019. includes elective and appointive
officials and employees, permanent or temporary
whether in the classified, unclassified or exempt
services, receiving compensation, even nominal
from the government.
 PB 807. Career and Non-career services
(formerly, classified, unclassified or exempt)
Distinguished from Clerk or Employee
- Officer, duties not being of clerical or manual
nature, involves the exercise of discretion in the
performance of the functions of government.
- Includes any government employee, agent or
body having authority to do the act or exercise that
function.
Main characteristic that distinguishes a Public
Officer  creation and conferring of an office
involves a delegation to the individual of some of
110
the sovereign functions of government, to be
exercised by him for the benefit of the public.
II. ELIGIBILITY AND QUALIFICATIONS
Qualifications
2 Different Senses:
1. endowments, qualities, attributes which make an
individual eligible for public office
must possess at the time of the appointment/election
and continuously for as long as the official
relationship exists
2. act of entering into the performance of the
functions of public office
 Property qualifications may not be imposed for
the exercise of the right to run for public office.
 Loss of any of the qualifications during
incumbency will be a ground for termination.
 Failure of an officer to perform an act required
by law could affect the officer’s title to the given
office.
 Prolonged failure or refusal to take the oath of
office could result in forfeiture of the office.
 BP 881 – “the office of any official ELECTED
who fails or refuses to take his oath of office within
6 months from his proclamation shall be considered
vacant UNLESS failure is for a cause/s beyond his
control.
 Oath of office is a qualifying requirement for
public office.
 Until he is qualified, the holdover officer is the
rightful occupant.
 Oath of office taken before one who has no
authority to administer oath, is no oath at all.
 Pendency of election protest is not sufficient
basis to enjoin him from assuming office or from
discharging his functions.
Authority to Prescribe Qualifications
 Qualification prescribed by Constitution 
generally exclusive unless Constitution provides
otherwise
 Public officers created by statute  Congress
has plenary powers to prescribe qualifications,
provided:
1. germane to the objectives for which the office
was created
 Nachura Notes – Constitutional Law
2. qualifications are not too specific as to fit a
particular identifiable person that would deprive
appointing authority of discretion in the selection of
the appointee
Disqualifications
 Authority
 Legislature has the right to prescribe
disqualifications in the same manner as it can
prescribe qualifications.
 Limitation: do not violate the Constitution
 Disqualification may be because of unfitness for
public office or because the person is rendered
ineligible for the office.
 General Disqualifications under the Constitution
1. No candidate who lost in an election, shall,
within 1 year after such election, be appointed to
any office in the Government.
2. No elective official shall be eligible for
appointment or designation in any capacity to any
public office or position during his tenure.
3. No appointive official shall hold any other
position in the Government, unless otherwise
allowed by law or the primary functions of his
office.
*ex-officio capacity
 Specific Disqualification under the Constitution
1. President, VP, Cabinet Members and their
deputies and assistants shall not hold any other
office or employment during their tenure, UNLESS
otherwise provided in the Constitution.
2. No Senator or Member of the HR may hold
any other office or employment in the Government
including GOCC, during his term without forfeiting
his seat. Neither shall he be appointed to any office
which may have been created or the emoluments
increased during the term for which he was elected.
3. Members of the SC and of other courts
established by law shall not be designated to any
agency performing quasi-judicial or administrative
functions.
4. No member of the Constitutional
Commission shall during his tenure, hold any other
office or employment. Applies to Ombudsman and
his deputies.
5. Ombudsman and his deputies shall not be
qualified to run for office in the election
immediately succeeding their cessation.
111
6. Members of the Constitutional Commission,
Ombudsman and deputies must not have been
candidates for any elective position in the election
immediately preceding their appointments.
7. Members of the Constitutional Commission,
Ombudsman and his deputies are appointed to a
term of 7 years, without reappointment.
8. Spouse and relatives by consanguinity or
affinity within the 4th civil degree of the President
shall not during his tenure be appointed:
 As members of the Constitutional Commission
 Office of Ombudsman
 Secretaries
 Undersecretaries
 Chairmen/heads
III. DE FACTO OFFICERS
- Reputation of being an officer and yet is not a
good officer in point of law.
- Acted as an officer for such length of time under
color of title and under such circumstances of
reputation or acquiescence by the public and public
authorities as to afford a presumption of
election/appointment and induce people to submit to
or invoke his action.
Legal Effect
- Those that affect the public are valid, binding
and with full legal effect.
- For the protection of the public.
Elements
1. validly existing public office
2. actual physical possession of said office
3. color of title to the office
a. by reputation/acquiescence
b. known and valid appointment/election but
officer failed to conform to a requirement imposed
by law
c. known appointment or election, void (though
unknown to public) because:
i. ineligibility of officer
ii. want of authority of appointing/electing
authority
iii. irregularity in appointment/election
d. known appointment/election pursuant to
unconstitutional law, before law was declared
unconstitutional.
 Nachura Notes – Constitutional Law

- Appointment to a position in the Career Service

Entitlement of Salaries of the Civil Service does not necessarily mean that
- GR: rightful incumbent of a public office may the appointment is a permanent one  depend on
recover from an officer de facto the salary received the nature of the appointment which in turn depends
by the latter during the time of his wrongful tenure, on the appointee’s eligibility or lack of it.
even though he entered into the office in good faith - Acceptance by petitioner of a temporary
and under color of title. appointment resulted in the termination of official
- Where there is NO DE JURE officer, the officer relationship with his former permanent position.
de facto who in good faith has had possession of the - Temporary appointment shall not exceed 12
office and has discharged the duties is legally months.
entitled to emoluments. - Mere designation does not confer security of
- Principle of public policy on which de facto tenure  person designated occupies the position
doctrine is based. only in an acting capacity.
- Appointment is subject to conditions,
IV. COMMENCEMENT OF OFFICIAL appointment is not permanent.
RELATIONS - Appointee cannot claim a complete appointment
as long as the re-evaluation incidental to the re-
Official relations are commenced: organization is still pending.
1) Appointment - “unless terminated sooner”  even if co-
2) Election terminous with the project, it is nevertheless subject
to the appointing authority.
Appointment - Where temporary appointment is for a FIXED
- selection by the authority vested with the power, period, appointment may be revoked only at the
of an individual who is to perform the functions of a expiration of the period OR if before, it must be for
given office. a valid and just cause.
3) Regular
Commission - One made by the President while Congress is in
- written evidence of appointment session after the nomination is confirmed by the
Commission on Appointments and continues until
Designation the end of the term.
- imposition of additional duties
4) Ad-interim
Classification - Made while Congress is not in session, before
1) Permanent confirmation by the Commission on Appointments,
- Extended to person possessing the requisite is immediately effective
qualifications - Ceases to be valid if disapproved or bypassed by
- Security of tenure COA upon next adjournment of Congress
2) Temporary - Permanent appointment
- Acting appointment - That it is subject to confirmation, does not alter
- May not possess the requisite qualifications for its permanent character.
eligibility
- Revocable at will, without necessity of just - Regular and Ad-interim Classification may be
cause or a valid investigation used only when referring to the following:
1) Heads of Executive Department;
- Acquisition of the appropriate civil service 2) Ambassadors and other Publi Ministers and
eligibility by a temporary appointee will not ipso Consuls
facto convert the temporary appointment into a 3) Officers of the AFP, from rank of colonel or
permanent one; new appointment is necessary naval captain

112
 Nachura Notes – Constitutional Law
4) Officers whose appointments are vested in the
President under the Constitution.
Steps in Appointing Process
For REGULAR Appointments
1) Nomination by President
2) Confirmation by COA
3) Issuance of the Commission
4) Acceptance by the appointee
AD-INTERIM Appointment
1) Nomination by President
2) Issuance of the Commission
3) Acceptance by the appointee
4) Confirmation by COA
DO NOT require Confirmation
1) Appointment by Appointing Authority
2) Issuance of the Commission
3) Acceptance by the Appointee
- A person cannot be compelled to accept an
appointment EXCEPT when the appointment is
made to an office required in defense of the State/
- Where appointment is to the CAREER
SERVICE of the CIVIL SERVICE, attestation by
the Civil Service Commission is required.
Otherwise, not deemed complete. Appointment not
submitted to the CSC w/in 30 days from the
issuance (date appearing on the face of the
appointment) shall be ineffective.
- CSC is authorized to check of the appointee
possesses the qualifications and appropriate
eligibility; if he does, appointment must be
approved; of not, it is disapproved.
- Appointment is complete when the last act
required of the appointing power is performed; until
the process is completed, appointee can claim no
vested right in the officer nor claim security of
tenure.
- Appointment to be valid, position must be
vacant.
Discretion of Appointing Authority
 Discretionary power and must be performed by
the officer in whom it is vested.
 Only condition, appointee must possess the
minimum qualifications requirements prescribed by
law.
113
 Appointing authority is in the best position to
determine who among the prospective appointees
can effectively discharge the functions of the
position.
 Final choice of appointing authority should be
respected and left undisturbed.
 Commission may not and should not substitute
its judgment for that of the appointing authority.
 Civil Service Law grants career service officers
preference in promotion under the “next-in-rank”
rule, it is not mandatory, appointing authority
should be allowed the choice of men of his
confidence provided they are qualified and eligible.
 Provincial, city prosecutor and their assistants
 appointed by President upon recommendation of
Secretary of Justice (mere advise).
 Discretion of appointing authority  choice of
the person WHO is to be appointed, NATURE and
CHARACTER of appointment.
Judicial Review of Appointments
 Appointment generally a political question; as
long as appointee possess minimum qualifications
as prescribed by law for the position.
 Action for usurpation of office  Who claims a
valid title to the office.
Jurisdiction of the Civil Service Commission
 Disciplinary cases
 Cases involving personnel action
 Employment status and qualification standard
 Recall an appointment initially approved – when
issued with disregard to Civil Service Laws, rules
and regulations
 Approving and reviewing appointments to
determine their compliance with the Civil Service
Law
 On its own, does not have the authority to
terminate employment or drop members from the
roll
Appointments to the Civil Service
 Scope: ALL branches, subdivision,
instrumentalities and agencies of the Government,
including GOCC with original charter.
Classes of Service
1. Career Service
 Nachura Notes – Constitutional Law
c. Description
- Entrance based on merit and fitness, as far as
practicable by competitive examinations
- Or based on highly and technical qualifications
- Opportunity for advancement to higher career
positions
- Security of tenure
d. Includes:
1) Open Career Service
- Prior qualification in an appropriate
examination is required
2) Closed Career Service
- Scientific or highly technical
3) Career Executive Service
- Undersecretaries, bureau directors, etc.
4) Positions in the Armed Forces of the Philippines
- Governed by a different merit system
5) Career Officers
- Other than those belonging to Career Executive
Service, appointed by President, e.g. foreign service
6) Personnel of GOCC w/ original charters
7) Permanent laborers (skilled, semi-skilled or
unskilled)
 Career Executive Service
 2 requirements to attain security of tenure
i. Career executive service eligibility
ii. Appointment to the appropriate career executive
service rank
 Security of tenure pertains only to rank and not
to the office or position
3. Non-Career Service
a. Description
- Entrance on bases other than those of the usual
tests utilized for the career service
- Tenure
5) limited to a period specified by law or
6) which is co-terminous with that of the
appointing authority or
7) subject of his pleasure or
8) which is limited to the duration of a particular
project for which purpose the employment was
made.
b. Includes:
1) Elective officials, personal and confidential staff
2) Department Heads and officials of Cabinet rank
who holds office at the pleasure of the President,
personal and confidential staff
114
3) Chairmen and members of commissions/boards
w/ fixed terms of office, personal and confidential
staff
4) Contractual personnel/ those whose employment
in government is in accordance with a special
contract to undertake a specific work or job
requiring special or technical skills not available in
employing agency, to be accomplished within a
period not exceeding 1 year, under his own
responsibility, with minimum direction and
supervision
5) Emergency and seasonal personnel
- Under Administrative Code, the CSC is
expressly empowered to declare positions in the CS
as primarily confidential.
- Enumeration in the Civil Service decree, which
defined the non-career service is not an exclusive
list. Commission can supplement this list.
- Coterminous status may be classified as:
o co-terminous with project – duration of
particular project for which employment was made.
o co-terminous with appointing authority – tenure
of appointing authority or at his pleasure
o co-terminous with incumbent – co-existent with
appointee, such that after the latter’s resignation,
separation or termination of the services, the
position shall be deemed automatically abolished.
o co-terminous with a specific period – for a
specific period, upon expiration, position is deemed
abolished.
Requisites
1. made according to merit and fitness
2. competitive examination
Exceptions:
1. policy determining
2. primarily confidential or
3. highly technical
- In a department, appointing power is vested in
the DEPARTMENT SECRETARY, although it
may be delegated to the REGIONAL DIRECTOR,
subject to approval of the Department Secretary.
- Principles
1) Classification of a particular position as policy-
determining, primarily confidential or highly
 Nachura Notes – Constitutional Law
technical amounts to no more than an executive or
legislative declaration that is not conclusive upon
the courts, the true test being the nature of the
position
2) The exemption provided pertains only to
exemption from competitive examination to
determine merit and fitness to enter the civil service
3) Exempt from competitive examination to
determine merit and fitness:
a. Policy-determining
 Officer lays down principal or fundamental
guidelines or rules
 E.g. department head
b. Primarily confidential
 Not only confidence in the aptitude if the
appointee for the duties of the office but primarily
close intimacy which ensures freedom of
intercourse without embarrassment or freedom from
misgivings or betrayal on confidential matters of
state
 NATURE of the position which determined
whether a position is primarily confidential, policy-
determining or highly technical
 “proximity rule” – can be considered as
confidential employee if the predominant reason
why he was chosen by the appointing authority was
the latter’s belief that he can share a close intimate
relationship with the occupant which ensures
freedom of discussion without fear of
embarrassment or misgivings of possible betrayals
of personal trust or confidential matters of the State.
 Where the position occupied is remote from that
of the appointing authority, the element of trust
between them is no longer predominant, and cannot
be classified as primarily confidential.
c. Highly technical – requires possession of
technical skill in a superior degree.
 Legal counsel of PNB
 City Legal Officer
 City Attorney
 Security Council and Security Guards of the
City Vice Mayor
Other Personnel Action
1) Promotion
2) Appointment through Certification
3) Transfer
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4) Reinstatement
5) Detail
6) Reassignment
7) Reemployment
Promotion
- Movement from one position to another with
increased duties and responsibilities as authorized
by law
- Usually accompanied by an increase in pay.
- Next-in-rank Rule
 The one who is next in rank is given preferential
consideration
 Does not mean that he alone can be appointed
 Appointing authority is required to state the
“special reasons” for not appointing the officer next
in rank.
- 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. Affected persons are entitled
to payment of salaries for services rendered at a rate
fixed in their promotional appointments.
 Requisites:
1. series of promotions
2. all promotional appointments are
simultaneously submitted to the Commission for
approval
3. Commission disapproves the appointment of a
person to a higher position
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 eligibles and who meets
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.
- May be imposed as an administrative penalty.
- Unconsented transfer violates security of tenure.
 Nachura Notes – Constitutional Law
- Career Executive Service personnel can be
shifted from one office to another without violating
their right to security of tenure, because salary and
status is based on their ranks and not on the
positions to which they are assigned.
Reinstatement
- Has been permanently appointed in the career
service and who has, through no delinquency of
misconduct, been separated may be reinstated to a
position in the same level for which he is qualified.
- Acquisition of civil service eligibility is not the
sole factor for the reappointment. Other factors
should be considered: performance, degree of
education, work experience, training, seniority and
enjoys confidence and trust of the appointing
power.
- Not subject to application for a writ of
mandamus.
- Issuance of new appointment which is
discretionary
- Exercise of discretionary power cannot be
controlled by the courts, as long as properly
exercised
- Forfeited his right to public office because of
conviction of a crime, but was extended plenary
pardon CANNOT by reason of pardon demand
reinstatement as a matter of right.
- Exception:
1. Sabello vs. DECS – considerations of justice
and equity
2. Garcia vs. Chairman, Commission on Audit –
person given pardon because he did not truly
commit the offense; the pardon relives him from all
punitive consequences of his criminal act thereby
restoring him to his clean name, good reputation
and unstained character prior to his finding of guilt.
Detail
- Movement of an employee from one agency to
another without the issuance of an appointment
- Allowed only for a limited period of time in the
case of employees occupying professional, technical
and scientific positions
- Temporary in nature
Reassignment
- Reassigned from one organizational unit to
another in the same agency
116
- Not involve reduction in rank, status or salary
- Management prerogative vested in the CSC, any
department or agency embraced in Civil Service
- Does not constitute removal without cause
- Should have definite date and duration.
- Lack of specific duration is tantamount to
floating assignment thus a dimunition in status or
rank.
Reemployment
- Names of persons who have been appointed
permanently to positions in the career service and
who have been SEPARATED as a result of
REDUCTION in force and/or
REORGANIZATION, shall be entered in a list
from which selection for reemployment shall be
made
- Separated not for a cause but as a result of
reorganization  separation pay + retirement and
other benefits; in lieu of separation pay, may be
considered for employment (Proclamation No. 3)
V. POWERS AND DUTIES OF PUBLIC
OFFICERS
Authority of Public Officers
1. Expressly conferred upon him by the ACT
appointing him
2. Expressly ANNEXED to the office by LAW
3. Attached to the office by COMMON LAW as
incidents to it
4. Doctrine of Necessary Implication – all powers
necessary for the effective exercise of the express
powers
Authority can be exercised only during the term
when the public officer, is by law, invested with the
rights and duties of the office.
Ministerial and Discretionary Powers
1. Ministerial – discharge by officer is imperative
and requires neither judgment nor discretion;
exercise of which may be compelled
2. Discretionary – imposed by law upon a public
officer; officer has the right to decide how and
when the duty shall be performed; mandamus will
not lie to compel performance
 Exception: when mandamus will lie:
1. GAD
 Nachura Notes – Constitutional Law

2. manifest injustice • Appointments made in favor of a relative of the

3. palpable excess of authority equivalent to a appointing or recommending authority or of the
denial of settled rights chief of the bureau or office or of the person
4. no other plain, speedy or adequate remedy exercising immediate supervision over him.
• All appointments.
 writ may issue to compel the exercise of • Relative: those related within the 3 rd civil degree
discretion but not the discretion itself by consanguinity or affinity
 Courts may review exercise of discretion, to • Exemption:
determine if there has been GAD amounting to lack 1. confidential capacity
or excess of jurisdiction 2. teachers
 Judgment – judicial functions; determination of 3. physicians
a question of law; only one way to be right 4. members of the Armed Forces
 Discretion, may decide the question either way * full report of appointment shall be made to the
and still be right; limited to the evident purpose of Commission
the act

Duties of Public Officer VI. LIABILITY OF PUBLIC OFFICERS

Constitutional Duties
 To be accountable to the people General Rule on Liability
 To serve them with utmost responsibility, • A public officer is not liable for injuries
loyalty and efficiency sustained by another as a consequence of official
 To act with patriotism and justice acts done within the scope of his official authority,
 To lead modest lives except as otherwise provided by law.
 To submit a declaration under oath of his assets, • Not civilly liable for acts done in official
liabilities and net worth upon assumption of office capacity UNLESS bad faith, malice, negligence
and as often as may be required • Liable for willful or negligent acts done by him
 To owe the State and Constitution allegiance at which are contrary to morals, law public policy and
all times good customs EVEN if he acted under instructions
• SOLGEN – represent government and its offices of his superiors.
EXCEPT criminal cases and civil cases for damages • Local governments are not exempt from
arising from felony. liabilities for DEATH or INJURY to persons or
DAMAGE to property.
Prohibitions
1. Partisan political activity or taking part in any Statutory Liability
election except to vote • Article 27, CC – refuses or neglects without just
• Except: cause to perform his official duty, whereby a person
1. those holding political offices suffers moral or material loss; without prejudice to
2. cabinet members administrative disciplinary sanction
2. Additional or double compensation • Article 32, CC – liability of public officer for
3. Prohibition against loans violation of constitutional rights
4. Limitation on laborers • Article 34, CC – liability of peace officer who
• Not assigned to clerical duties fails to respond or give assistance to persons in
5. Detail or reassignment danger of injury to life or property
• w/in 3 months before any election without • w/o just cause. Neglects to perform a duty
approval of COMELEC within a period fixed by law or regulation or within
6. Nepotism a reasonable period if none is fixed

117
 Nachura Notes – Constitutional Law
Liability on Contracts
• personally  entered without or exceeded his
authority
Liability for Tort
• personally  beyond the scope of his authority
or exceeds power conferred upon him; ultra vires or
where there is bad faith
Presidential Immunity from Suit
• during tenure of the President
• After his tenure, cannot invoke immunity from
suit for civil damages arising out of acts done by
him, while he was president which were not
performed in the exercise of official duties.
• Not prevented from instituting suit.
Threefold Liability Rule
• Wrongs acts or omissions of a public officer
may give rise to civil, criminal and administrative
liability.
• Action for each can proceed independently
• Dismissal of one does not foreclose action for
others.  difference in quantum of evidence
Liability of Minsiterial Officers
1. Nonfeasance – neglect or refusal to perform an
act which is the officer’s legal obligation
2. Misfeasance – failure to exercise that degree of
care, skill and diligence in the performance of
official duty
3. Malfeasance – doing, through ignorance,
inattention or malice of an act which he had no legal
right to perform.
Command Responsibility
• Head of a department or a superior officer shall
not be civilly liable for the wrongful acts, omission
of duty, negligence or misfeasance of his
subordinates, UNLESS he has actually authorized
by written order the specific act or misconduct.
VII. RIGHTS OF PUBLIC OFFICERS
1. Right to Office
2. Right to Salary
3. Right to Preference in Promotion
4. Right to Vacation and Sick Leave
118
5. Right to Maternity Leave
6. Right to Retirement Pay
7. Right to reimbursement for expenses incurred in
due performance of duty
8. Right to be indemnified against any liability
9. Right to longevity pay
Right to Office
• Just and legal claim to exercise the powers and
the responsibilities of the public office.
• Term vs. Tenure
 Term: period during which the officer may
claim to hold the office as a matter of right.
 Tenure: period during which the officer actually
holds office.
Right to Salary
• Salary – personal compensation to be paid to the
public officer for his services
• Generally a fixed or periodical payment
depending on the time and not on the amount of the
services he may render.
• Distinguished from wages:
 Salaries are given to officers of higher degree of
employment than those given wages.
 Salary is compensation per annum. Wages are
paid day by day or week by week.
• Basis:
1. legal title to the office
2. law attaches compensation to the office
• Right of de facto officer to compensation 
when there is no de jure and de facto officer, who in
good faith has possession of the office and has
discharged the duties.
• Salary cannot be garnished nor subject to
attachment or order of execution before being paid
to him to answer for the payment of his debts.
• Public policy also prohibits the assignment of
unearned salaries
• Agreements affecting compensation are void as
contrary to public policy.
• Compensation, allowances and other benefits
granted without the approval of the DBM are
unauthorized and irregular.
• Constitutional provisions affecting salaries:
1. no increase in salaries of members of Congress
shall take effect until after the expiration of the full
 Nachura Notes – Constitutional Law
term of the Members of the Senate and HofRep who
approved he increase.
2. Salaries of President and VP shall be fixed by
law and sjall not be decreased during their tenure.
No increase, until after expiration of the incumbent
during which increase was approved.
3. Salary of members of the Judiciary shall not be
decreased during their continuance in office;
income tax is not unconstitutional dimunition.
4. Additional, double or indirect compensation are
prohibited.
5. Standardization of compensation.
6. Separation pay to career Civil Service
employees who are separated from service not for
cause but by reason of reorganization.
Preventive Suspension and the Right to Salary
1. Preventive Suspension pending investigation
2. Preventive Suspension pending appeal
 If the penalty imposed is suspension or
dismissal and after review, he is exonerated  no
right to compensation during preventive suspension
even pending investigation
 It is not enough that he is exonerated; it must be
shown that suspension is unjustified
 Justified if charged with:
1. dishonesty
2. oppression
3. grave misconduct
4. neglect of duty
 Gloria vs. Court if Appeals  entitled not only
to reinstatement but also to back wages for the
period of preventive suspension pending appeal.
 Because preventive suspension pending appeal
is actually PUNITIVE.
 Award should not exceed equivalent of 5 years
pay at the rate last received before suspension was
imposed.
 If his conviction is affirmed, the period of his
suspension becomes part of the final penalty of
suspension.
Right to back salaries of illegally dismissed
employees
 Illegally dismissed government employees who
is later ordered reinstated is entitled to back wages
119
and other monetary benefits from the time of his
illegal dismissal up to his reinstatement.
 “no work, no pay” not applicable
 Note: Balitaosan vs. Secretary, DECS:
reinstatement was not the result of exoneration but
an ACT OF LIBERALITY of the CA, the claim for
back wages was not allowed. Thus the general rule
that a public official is not entitled to compensation
if he has not rendered any service was applied.
 No right to back wages if NOT EXONERATED
and NOT UNJUSTIFIABLY SUSPENDED
Right to additional allowance and benefits
 LGUs may provide additional allowances and
benefits to national government officials assigned or
stationed in their municipality or city.
 Not without limitations.
Right to Preference in Promotion
 Right does not prevail over discretion of
appointing authority.
Right to Vacation and Sick Leave
 Sec 81, RA 7160 (LGC) – Elective local
officials shall be entitled to the same leave
privileges as those enjoyed by appointive local
officials, including the cumulation and
commutation.
 Entitled to commutation of all leave credits
without limitation and regardless of the period when
the credits were earned, provided the claimant was
in the service as of January 9, 1986.
 Government employees are not required to work
on Saturdays, Sundays and holidays.
Right to Maternity Leave
Right to Retirement Pay
 Retirement laws are liberally construed in favor
of the retiree.
 Money value of the terminal leave of a retiring
government official shall be computed at the
retiree’s highest monthly pay.
 Judiciary – extension if satisfied that the career
was marked by competence, integrity and
dedication to the public service.
 A reserved officer who successfully rendered a
total of 10 years continuous active commissioned
 Nachura Notes – Constitutional Law

military service shall not be reverted to inactive 3. law fixing the term is ambiguous  one that
service except for cause or upon his own request. fixes the term at the shortest period should be
Covered by compulsory membership in the GSIS. followed
 Totalization of service credits is only resorted to 4. both duration of the term of office and the time
when the retiree does not qualify for benefits in of its commencement/termination are fixed by
either or both of the systems. constitutional or statutory provision  person
appointed or elected for vacancy shall hold the same
Right to reimbursement for expenses incurred in only for the unexpired portion
due performance of duty 5. only the duration is fixed, no time is fixed for
beginning or end  person selected to fill the
Right to be indemnified against any liability which vacancy may serve the full term and not merely the
they may incur in the bona fide discharge of their unexpired balance of the prior incumbent’s term
duties. 6. office is created/officer appointed for the
purpose of performing a single act or
Right to longevity pay accomplishment of a given result  office
terminates and the authority ceases with the
VIII. TERMINATION OF OFFICIAL accomplishment of the purposes which called it into
RELATIONSHIP being.
 Principle of Hold-Over: public officer is entitled
Modes of Terminating Official Relationship to hold his office until his successor shall have been
1. Expiration of term or tenure duly chosen and shall have qualified. Purpose is to
2. Reaching the age limit prevent hiatus in public service.
3. Resignation  Legislative intent of not allowing hold-over
4. Recall must be clearly expressed or at least implied in the
5. Removal legislative enactment, otherwise, it is reasonable to
6. Abandonment assume that the law-making body favors the same.
7. Acceptance of an Incompatible Office
 Article 237, RPC which penalizes public officer
8. Abolition of Office
who shall continue to exercise the duties and
9. Prescription of the Right to Office
powers of the office beyond the period provided by
10. Impeachment
law.
11. Death
12. Failure to Assume Elective Office w/in 6  During this period, de jure officer
months from proclamation  Where the law fixes a specific sate for the end
13. Conviction of a Crime of the term  implied prohibition against hold-over
14. Filing of Certificate of Candidacy
Reaching the age limit
Expiration of term or tenure  Compulsory Retirement Age
 Courtesy resignation during the EDSA  70 for members of judiciary
Revolution  expiration of term; entitled to  65 for other government officers or employees
retirement benefits  Special Retirement Laws: RA 1616 – allows
 Termination presupposes an overt act optional retirement after an officer has rendered a
committed by a superior officer minimum number of years of government service,
 Commencement of Term of Office when availed of by the public officer, will result in
1. statute fixes a period  upon qualification the termination of official relationship through
2. no time is fixed by law  date of reaching the age limit or retirement.
appointment/election
Resignation

120
 Nachura Notes – Constitutional Law
 Act of giving up or the act of a public officer by
which he declines his office and renounces the
further right to use it.
 Intention to surrender, renounce, and relinquish
the office and the acceptance by competent and
lawful authority
 Voluntariness – when procured by fraud, may
be invalidated
 Courtesy resignation lacks the element of
voluntariness and therefore is not a valid
resignation.
 Need for Acceptance – not complete until
accepted by competent authority
 Article 238, RPC penalizes any public officer
who, before the acceptance of his resignation,
abandons his office to the detriment of the public
service.
 If the public officer is mandated by law to hold-
over, the resignation, even if accepted, will not be
effective until after appointment/election of his
successor.
 Accepting Authority – RA 7160, officers
authorized to accept resignation:
1. President – governor, vice-governor, mayor and
vice-mayor f highly urbanized cities and
independent component cities
2. Governor – municipal mayors and vice-mayors,
city mayors and vice-mayors of component cities
3. Sanggunian – sanggunian members
4. City or municipal mayor – barangay officials
• Resignation deemed accepted if not acted upon
w/in 15 days from receipt
• Resignation by Sanggunian members shall be
deemed accepted upon:
1. presentation before an open session of the
sanggunian concerned
2. duly entered in its record
3. EXCEPT where sanggunian members are
subject to recall elections or to cases where existing
laws prescribe the manner of acting upon such
resignation
 If the law is silent on who shall accept:
1. appointive officer resigns  appointing
authority
2. elective officer resigns  officer authorized by
law to call an election in order to fill the vacancy
 President and VP  Congress
 Members of Congress  respective Houses
121
Effective Date of Resignation
 Date specified in the tender
 No date specified public officer receives notice
of the acceptance NOT the date of the letter or
notice of acceptance
Recall
 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.
 By Whom: registered voters of a LGU to which
such local government official belongs
 Initiation of the Recall Process: registered voters
of the LGU
 Procedure for Initiating Recall
1. initiated upon petition by at least 25% of the
total number of registered voters in the LGU
2. written petition
 duly signed before the election
registrar/representative
 in the presence of a representative of the
petitioner
 representative of the official
 in a public place, in the province, city,
municipality or barangay
 filed with the COMELEC through its office in
the LGU concerned
3. COMELEC shall cause the publication of the
petition
 In a public and conspicuous place
 Period not less than 10 days nor more than 20
days
 Purpose of verifying the authenticity and
genuineness of the petition and required percentage
of voters
4. Lapse of the period, COMELEC or its duly
authorized representative, shall announce the
acceptance of candidates to the position and prepare
list of candidates, including the name of the official
sought to be recalled.
 Election on Recall
 Upon filing of a valid petition, COMELEC shall
set date for the election on recall
 Nachura Notes – Constitutional Law
 Not later than 30 days after the filing of the
resolution/petition in the case of
barangay/city/municipal officials
 Not later than 45 days in the case of provincial
officials
 Officials sought to be recalled, automatically
considered as registered candidate.
 Effectivity of Recall
 Recall of an elective official shall be effective
upon the election an proclamation of a successor.
 If the official sought to be recalled receives the
highest number of votes  confidence in him is
affirmed and he shall continue in office
 Prohibition from Resignation
 Limitation on Recall
1. any elective official may be subject of a recall
election once during his term of office for lack of
confidence
2. no recall shall take place within one year from
the date of the official’s assumption to office or one
year immediately preceding a regular local election
 Sangguiniang Kabataan election is not a regular
election;
 Not barred by barangay election
 Approaching local election must be one where
the position of the official to be recalled is actually
contested and to be filled by the electorate
Removal
 Constitutional Guarantee of Security of Tenure
– not removed or suspended except for causes
provided by law
 Career service officers and employees causes
enumerated in law and in accordance with
procedure prescribed
 Removal not for just cause or non-compliance
with prescribed procedures  reversible,
reinstatement with back salaries and without loss of
seniority rights
 Demotion is tantamount to unlawful removal is
NO CAUSE is shown or it is NOT PART OF
DISCIPLINARY ACTION
 Unconsented transfer resulting in demotion in
rank or salary is tantamount to removal without just
cause.
 A transfer that results in promotion or demotion,
advancement or reduction or a transfer that aims to
122
lure the employee away from his permanent
position, cannot be done without the employee’s
consent, for that would constitute removal from
office.
 No permanent transfer can take place unless the
officer or employee is first removed from the
position held, and then appointed to another
position.
 Some cases on Grounds for Disciplinary Action:
1. Dishonesty – concealment or distortion of truth
in a matter of fact relevant to one’s office or
connected with the performance of his duty; e.g. use
of fake or spurious civil service eligibility
2. Conduct prejudicial to the best interest of the
service
3. Misconduct – transgression of some established
and definite rule of action; wrongful intention
 Administrative Code of 1987: 1) Unsatisfactory
conduct and 2) Want of capacity
 Civil Service Law: inefficiency and
incompetence in the performance of official duties
• Poor performance falls within the concept of
inefficiency and incompetence
• Inefficiency and incompetence can only be
determined after the passage of sufficient time,
hence, the probationary period of 6 months.
 Poltical or non-career members of the Foreign
Service is coterminous with that of the appointing
authority or subject to his pleasure
 Holding primarily confidential positions
continue in office as long as the confidence in them
endures; termination is justified on the ground of
lack of confidence  removal: expiration of term
 Holding temporary or acting appointments 
may be removed at any time, without necessity of
just cause or a valid investigation.
Procedure in Administrative Case
1. Administrative case against a public official
shall continue despite withdrawal of the complaint
since they do not involve purely private matters but
are impressed with public interest by virtue of the
public character of the public office.
2. Substantial proof and not clear and convincing
evidence or proof beyond reasonable doubt is
sufficient.
 Satisfied when the employer has reasonable
ground to believe that the employee is responsible
 Nachura Notes – Constitutional Law
for the misconduct and his participation renders him
unworthy of trust and confidence demanded by his
position.
Jurisdiction in Disciplinary Cases
1. Heads of 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.
 Decision final in case the penalty imposed is
suspension of not more than 30 days or fine in an
amount not exceeding 30 days salary.
 Other cases, decision shall be initially appealed
to the department head and finally to the Civil
Service Commission and pending appeal, shall be
executory EXCEPT when the penalty is removal, in
which case it shall be executory only after
confirmation by the department head.
 Committee to hear administrative charge against
public school teacher  representative of the
teacher’s organization
2. Civil Service Commission has appellate
jurisdiction. Case may be filed directly to it; it may
decide on the case or deputize a department or
agency
Preventive Suspension
 The proper disciplining authority may
preventively suspend any subordinate officer or
employee under his authority pending an
investigation if the charge against such officer or
employee involves 1) dishonesty, 2) oppression or
grave misconduct or 3) neglect in the performance
of duty or 4) if there is reason to believe that the
respondent is guilty of charges which would
warrant his removal from the service.
 Not a penalty. Enable authorities to investigate.
 If the investigation is not finished and a decision
is not rendered within a period of 90 days, the
suspension will be lifted and the respondent will
automatically be reinstated.
 If after investigation, he is innocent of the
charges and is exonerated, he should be reinstated.
 Preventive suspension can be ordered even
without a hearing.
 Authority to preventively suspend: exercised
concurrently by the Ombudsman
 RA 6770: 6 months
123
 Court may validly order the preventive
suspension of officer (since removal of office is
within the power of the Courts)
 Back salary is not warranted when the
immediate execution of the order of dismissal is
justified.
Appeal
 Made within 15 days from receipt of the
decision
 UNLESS a petition for reconsideration is filed,
which shall be decided within 15 days
 Petition for Reconsideration – 3 grounds only:
(1) New evidence has been discovered which
materially affects the decision
(2) Decision is not supported by evidence on record
(3) Error of law or irregularities have been
committed which are prejudicial to the interest f the
respondent
 From resolution of the CSC, file a petition for
certiorari R65 w/in 30 days from receipt of copy of
the resolution
Summary Dismissal
 RA 6654
Removal of Administrative Penalties or Disabilities
 Meritorious cases, upon recommendation of the
CSC
 President may commute or remove
administrative penalties or disabilities imposed
upon officers or employees in disciplinary cases
 Subject to terms and conditions he may impose
in the interest of the service
Abandonment
 Voluntary relinquishment of an office by the
holder with the intention of terminating his
possession and control
 Species of resignation
 Resignation is formal relinquishment
 Abandonment is voluntary relinquishment
through non-user
 “Non-user” neglect to use a privilege or a right
or to exercise an easement or an office
 A person holding an office may abandon such
office
(1) Non-user
 Nachura Notes – Constitutional Law
(2) Acquiescence
 Non-performance does not constitute
abandonment when:
(1) Temporary disability
(2) Involuntary failure to perform
 Public officer vacates office in deference to the
requirements of a statute which is afterwards
declared unconstitutional, such surrender will not be
deemed abandonment.
 Mere delay in qualifying for an office is not
abandonment
 But failure to assume office w/in 6 months fro
proclamation, without just or valid cause, shall have
the effect of vacating the office.
 Automatically separated if he fails to return to
the service after the expiration of 1-year leave of
absence without pay.
 Absent for at least 30 days without approved
leave are considered on Absence Without Leave
(AWOL) and shall be dropped from the service
after due notice.
 Granting or approval of leaves – discretionary
on the head and depends upon the needs of the
service
 Failure to make courtesy call to one’s superior is
not an offense, much less a ground to terminate
employment.
Acceptance of an Incompatible Office
 Test of Incompatibility
 Nature and relation of the two offices to each
other, they ought not to be held by one person from
the contrariety and antagonism which would result
 Acceptance of incompatible office ipso facto
vacates the other. There is no necessity for any
proceeding to declare or complete the vacation of
the first.
 Canonizado vs. Aguirre – no incompatibility;
though accepted latter, he continued to pursue legal
remedies to recover the first from which he was
ousted by a law later to be declared
unconstitutional.
 Exception: when authorized by law to accept the
other office.
Abolition of Office
124
 Power of legislature to abolish an office –
Congress; even during the term for which an
existing incumbent may have been elected
 Constitutional offices cannot be abolished
 No law shall be passed reorganizing the
Judiciary, when it undermines security of tenure
 Valid abolition of office does not constitute
removal of incumbent
 Legal competence if the city council to create,
consolidate and reorganize city offices and positions
wholly supported by local funds
 Requisite for Abolition of Office
(1) Made in good faith
(2) Clear intent to do away with the office
(3) Cannot be implemented in a manner contrary to
law
 Reorganization of Government Offices
 Constitutional recognition of authority to
reorganize: promotion of simplicity, economy and
efficiency is the usual standard.
 No violation of due process even if no hearing
was conducted in the matter of reorganization of
DBP, as long as employee was given a chance to
present evidence.
 Removal of employees pursuant to guidelines in
EO116, reorganization of Dept. of Agriculture
(1) Existence of case for summary dismissal
(2) Probable cause for violation of RA 3019
(3) Gross incompetence or inefficiency
(4) Misuse of public office for partisan political
activities
(5) Analogous grounds showing that incumbent is
unfit to remain in office
 Reorganization must meet the common test of
good faith.
 PD1416: grants the President the continuing
authority to reorganize the national government,
which includes the power to group consolidate
bureaus and agencies, to abolish offices, to transfer
functions, to classify and create functions, services
and activities and to standardize salaries and
materials.
Prescription of the Right to Office
 Petition for reinstatement after illegal ouster or
dismissal OR recovery of public office  w/in 1
year from the date petitioner is illegally ousted.
 Exception: strong, compelling and special
circumstances
 Nachura Notes – Constitutional Law

 Cristobal vs. Melchor: on grounds of equity  Focuses on SUBJECTS (entities which possess
 Reason: title to public office should not be international personality and with rights and
subject to continued uncertainty; should be obligations recognized under international law)
determined as speedily as possible.  as opposed to OBJECTS (which are persons or
 Filing of an action for administrative remedy things in respect of which rights are held and
does NOT suspend the period for filing the obligations assumed by the subjects of international
appropriate judicial proceeding (quo warranto); 1 law)
year period runs even during pendency of a motion - Modern – law that deals with the conduct of
for reconsideration. States and international organizations, their
relations with each other and, in certain
Impeachment circumstances, their relations with persons, natural
or juridical.
Death
 Renders office vacant. Basis of International Law
1. Law of Nature School
Failure to Assume Elective Office w/in 6 months  There is a natural and universal principle of
from proclamation right and wrong, independent of mutual intercourse
 Unless failure is for a cause or causes beyond or compact, which can be discovered and
his control recognized by every individual through the use of
his reason and conscience.
Conviction of a Crime  Since individuals compose the State whose will
 Penalty imposed upon conviction carries with it is but the collective will of the inhabitants, the State
the accessory penalty of disqualification, conviction also becomes bound by the law of nature.
by final judgment automatically terminates official 2. Positivist School
relationship.  Binding force of international law is derived
 Plenary pardon extinguished the accessory from the agreement of the States to be bound by it.
penalty of disqualification, it will not restore the  International law is not a law of subordination
public office to the officer convicted; but of coordination.
 He must be given a new appointment. 3. Eclectic or Grotian School
 In so far as it conforms to the dictates of right
Filing of Certificate of Candidacy reason, the voluntary law may be said to blend with
 Any person holding a public appointive office the natural law and is an expression of it.
or position,  In case of conflict, the natural law prevails,
 Including active members of the AFP being the more fundamental law.
 And officers and employees in GOCCs
 Shall be considered ipso facto RESIGNED upon Public International Law distinguished from:
filing of certificate of candidacy.
 Applies even to employees of GOCCs without  Private International Law
an original charter
Public Private
International International
GENERAL PRINCIPLES Law Law
Nature International Municipal
International Law, defined Remedies International Local Tribunals
- Traditional – branch of public law which Modes
regulates the relations of States and of other entities Parties International Private Persons
which have been granted international personality. Entities
Enforcement International Sheriff/Police
125
 Nachura Notes – Constitutional Law

Sanction Regulates relations of Applies to relations

 International Morality/Ethics – Principles which
governs relations of States from the standpoint of
conscience, morality, justice and humanity.
 International Comity – Rules of
politeness/courtesy observed by States in relations
with other States
 International Diplomacy – Objects of
international policy and the conduct of foreign
affairs
 International Administrative Law – Body of
laws which regulate the relations and activities of
national and international agencies with respect to
theor material and intellectual interests which have
received international recognition.
International Law as true law
 Although it does not comply with John Austin’s
concept of law (enforced by sovereign political
authority), it is still true law.
 Application, Enforcement and Compliance
 Weakened compliance:
1. lack of central law-making authority
2. debilitating jurisdictional defects
 balanced by the risk of political/economic
retaliations and other sanctions:
1. public opinions
2. retorsions
3. UN machinery
4. conviction that obedience will redound to the
public good
Relationship with Municipal Law
 Monist – no substantial distinction
 Dualist
individuals among between states and
themselves international persons
Violations are redressed Resolved through state-
through local judicial to-state transactions
and administrative
processes
Breaches entail Collective responsibility
individual responsibility
 Incorporation
 Doctrine of Incorporation (Section 2, Article II)
- … adopts the generally accepted principles of
international law as part of the law of the land…
 Although Philippines was not a signatory to the
Hague and Geneva Conventions, international
jurisprudence is automatically incorporated in
Philippine law, making WAR CRIMES punishable
in the Philippines. (Kuroda vs. Jalandoni)
 Prolonged detention of stateless aliens pending
deportation was deemed illegal incorporating
Universal Declaration of Human Rights (Borovsky
vs. Commissioner of Immigration)
 Transformation
 Doctrine of Transformation requires the
enactment by the legislative body of such
international law principles as are sought to be part
of municipal law.
 “protect and advance the right of the people to a
balanced and healthful ecology in accord with the
rhythm and harmony of nature” taken from the
Universal Declaration of Human Rights and the
Alma Conference Declaration of 1978, which
recognizes health as a fundamental human right.
 LLDA’s authority to issue cease and desist
order  doctrine of necessary implication

Municipal Law International Law  Conflict Between International Law and

Issued by a political Not imposed but adopted Municipal Law
superior for observance by states as a common  On the domestic sphere, with local court
by those under its rule of action. deciding:
authority. o If in conflict with CONSTITUTION – Consti
Enactments of the law- Derived from such prevails
making authority sources as:  SC has the power to declare a treaty/executive
 international customs, agreement unconstitutional
 conventions or  Where Consti is the highest law of the land,
 general principles of both statutes and treaties may be invalidated if they
law are in conflict with the Consti
126
 Nachura Notes – Constitutional Law
o If in conflict with STATUTE
 Doctrine of Incorporation decrees that rules of
international law are given equal standing with
national legislative enactments, not superior.
 Treaty may repeal a statute, a statute may repeal
a treaty  principle of lex posterior derogate
priori , that which comes last in time will usually
be upheld by the municipal tribunal
 Retail Trade Nationalization Law prevails over
the Treaty of Amity with China and the Universal
Declaration of Human Rights – former passed in the
exercise of police power of the State.
 On the international sphere, with an
international tribunal deciding:
o International law is superior to municipal law
because international law provides the standard by
which to determine the legality of a State’s conduct.
Sources of International Law
- On domestic sphere
1. Constitution
2. Legislative Enactments
3. Case Law (stare decisis)
- On international law – problem because:
1. no national legislature
2. no fundamental law
3. doctrine of precedents is not applicable
Note: Article 38, Statute of International Court of
Justice
- Courts whose function is to decide in
accordance with International Law such disputes as
are submitted to it, shall apply:
1. As PRIMARY SOURCES
 International Treaties and Conventions
 General or particular
 Establishing rules expressly recognized by the
contesting states.
 International Customs
 Evidence of general practice, accepted as
binding law through persistent usage over a long
period of time
 Custom be:
1. prevailing practice by a number of states
2. repeated over a considerable period of time
3. attended by opinion juris or a sense of legal
obligation
 General Principles of Law
127
 Rules derived mainly from natural law,
observed and recognized by civilized nations.
 e.g. res judicata, prescription, pacta sunt
servanda, estoppel
2. As SECONDARY SOURCES
 Judicial Decisions
 Generally of international tribunals.
 Most authoritative: ICJ
 NOT really sources, but “subsidiary means” for
finding what the law is and whether a norm has
been accepted as a rule of international law.
 Decision of a national court may be used
depending upon the prestige and perceived
impartiality of the domestic court, not being in
conflict with the decisions of international tribunals
and its admissibility in the forum where it is cited.
 Writings of publicists
1. fair and unbiased representation of international
law
2. by acknowledged authorities in the field
Interpretation of Article 38
 although silent, by practice, hierarchy is:
1. treaties
2. customs
3. general principles of law
 Exception: Principle of Jus Cogens
 Customary international law which has the
status of a peremptory (absolute, uncompromisisng,
certain) norm of international law.
 A peremptory norm is a norm accepted and
recognized by the international community of states
as a rule, from which no derogation is permitted and
which can be modified only as a subsequent norm
having the same character.
 Example: slave trade, piracy and terrorism
II. SUBJECTS OF INTERNATIONAL LAW
Distinction Between Subject and Object of
International Law
 Subject
 Entity that has rights and responsibilities under
international law.
 Proper party in transactions involving the
application of the law of nation among members of
the international community.
 Nachura Notes – Constitutional Law

 Object
 Person or thing in respect of which rights are
held and obligations assumed by the subject.
 It is not directly governed by the rules of
international law.
 Its rights are received, and its responsibilities
imposed, indirectly through the instrumentality of
an international agency.
Other Suggested Elements:
1. Civilization
2. Recognition
 Act by which a state acknowledges the
existence of another state, a government, belligerent
community and indicates its willingness to deal
with the entity as such under international law.

Subjects of International Law Theories on Recognition

1. states 1. Constitutive (Minority View)
2. colonies and dependencies  Recognition is the act which constitutes the
3. mandates and trust territories entity into an international person.
4. Holy See  Recognition is compulsory and legal.
5. United Nations  It may be compelled once the elements of the
6. belligerent communities state are established.
7. international administrative bodies 2. Declarative (Majority View)
8. individuals  Recognition merely affirms an existing fact, like
possession of the state of the essential elements.
States  Discretionary and political.
 group of people living together in a fixed
territory, Basic Rules on Recognition
 organized for political ends  Political act.
 under an independent government  A matter of policy on the part of each state
 and capable of entering into international  Discretionary on the part of the recognizing
relations with other states. authority.
 Exercised by the political (executive)
Elements of a State department of the state.
1. People  Legality and wisdom of recognition is not
 Group of individual, of both sexes, living subject to judicial review.
together as a community.
 Sufficient in number to maintain and perpetuate Requirements for Recognition of Government
themselves. 1. Government is stable and effective
 Casual gathering or a society of pirates would 2. With no substantial resistance to authority
NOT constitute a state. 3. show willingness and ability to discharge its
2. Territory international obligation
 Fixed portion on the earth’s surface occupied by 4. government must enjoy popular consent or
the inhabitants. approval of the people
3. Government
 Organized, exercising control over and capable Tobar/Wilson Doctrine
of maintaining law and order within the territory.  Precludes recognition of any government
 Can be held internationally responsible for the established by revolutionary means until
acts of the inhabitants. constitutional reorganization by free election of
 Identity of the state is not affected by changes in representatives.
government.
4. Independence or Sovereignty Stimson Doctrine
 Freedom from outside control in the conduct of  No recognition of a government established
its foreign and internal affairs. through external aggression.
128
 Nachura Notes – Constitutional Law

3. occupation of a substantial portion of the

Estrada Doctrine national territory
 Recognition has been construed as approval and 4. willingness on the part of the rebels to observe
non-recognition as disapproval, of a government the rules/customs of war
established through upheaval, a state may not issue  absence of any will result merely in insurgency,
a declaration giving recognition to such which is rarely recognized
government, but merely accept whatever  recognition may either be express or implied
government is in effective control without raising  examples of implied: proclamation by the parent
the issue of recognition. Dealing or not dealing with state of a blockade of a port held by the rebels or
the government is not a judgment on the legitimacy proclamation of neutrality by a third state
of the said government.
Effects of Recognition of Belligerency
Kinds of Recognition 1. Responsibility for the acts of rebels resulting in
1. De Facto injury to nationals of the recognizing state shall be
 Some of the requirements for recognition are shifted to the rebel government
absent. 2. Legitimate government recognizing the rebels
 Recognition generally provisional shall observe the laws of war in conducting
 Limited to certain juridical relations and it does hostilities
not bring about full diplomatic intercourse 3. 3rd states recognizing the belligerency shall
 Does not give titles to assets of the state held or maintain neutrality
situated abroad 4. recognition is only provisional and for the
2. De Jure purpose of the hostilities
 Requirements for recognition are fulfilled
 When there is no specific indication, recognition Creation of States
is generally considered de jure 1. accretion of independence
 Relatively permanent 2. agreement
3. attainment of civilization
 Full diplomatic intercourse
4. revolution
 Diplomatic immunities 5. unification
 Confers titles to assets abroad 6. succession
3. Express
4. Implied Extinction of States
1. extinction
Effects of Recognition 2. emigration en masse of its population
1. Diplomatic relations 3. loss of territory
2. Right to sue in the courts of the recognizing 4. overthrow of government resulting in anarchy
state
3. Immunity from jurisdiction Principle of State Continuity
4. Entitlement to property within the recognizing  The state continues as a juristic being
state notwithstanding changes in the circumstances,
5. Retroactive validation of the acts of the provided only that such changes do not result in the
recognized state/government loss of any of its essential elements.
Conditions for Recognition of Belligerency Succession of States
1. organized civil government having control and
 Kinds:
supervision over the armed struggle
1. Universal
2. serious and widespread struggle with outcome
2. Partial
uncertain
 Effects:

129
 Nachura Notes – Constitutional Law
1. Political laws are abrogated while municipal
laws remains in force
2. Treaties are discontinued except those dealing
with local rights and duties
3. All rights of the predecessor state are inherited
4. Successor state can assume and reject liabilities
in its discretion
Conquered state has no personality in international
law.
Succession of Government
1. Integrity of the State is not affected
2. State continues as the same international person
except that its lawful representative is changed
Consequences of Succession of Government
1. all rights of the predecessor government are
inherited by the successor
2. where the new government was organized by
virtue of a constitutional reform duly ratified in a
plebiscite, all obligations of the predecessor are
likewise assumed
3. where the new government is established
through violence, the new government may lawfully
reject purely personal political obligations of the
predecessor but not those obligations contracted by
it in the ordinary course of official business
Classes of States
1. Independent – freedom to direct and control
foreign relations without restraint from other states
a. Simple – single central government with power
over internal and external affairs.
b. Composite – 2 or more sovereign states joined
together to constitute one international person
i. Real Union
 2 or more states are merged under a unified
authority so that they form a single international
person through which they act as one entity.
 State retains their separate identities.
 Respective international personalities are
extinguished and blended in the new international
person.
ii. Federal Union
2. Dependent – theoretically a state, but does not
have full freedom in the direction of its external
affairs
130
a. Protectorate – established at the request of a
weaker state for the protection by a strong power
b. Suzerainty – result of a concession from a state
to a former colony that is allowed to be independent
subject to the retention by the former sovereign of
certain powers over external affairs of the latter.
3. Neutralized – independence and integrity are
guaranteed by an international treaty on the
condition that such states obligates itself never to
take up arms against any other state (except in self-
defense) or to enter into an international obligation
as would indirectly involved it in war.
Vatican City and the Holy See
 Has all the constituent elements of statehood.
 Has all the rights of a state.
 The Holy See is an international person with
which the Philippines had diplomatic ties until
1957.
Colonies and Dependencies
 Colony – dependent political community
consisting of a number of citizens of the same
country who migrated to inhabit another country,
but remain subject to the mother state.
 Dependency – territory distinct from the country
in which the supreme power resides, but belongs
rightfully to it, and subject to the laws and
regulations which the sovereign may prescribe.
 NOTE: Theoretically, they belong to the parent
state and are without any personality. However, on
occasions, colonies have been allowed to participate
in their own right to certain international
undertaking.
Territories under International Control or
Supervision
 Non-self-governing territories which have been
placed under international supervision or control to
insure their political, economic, social and
educational advancement.
 Mandates: former territorial possession of states
defeated in World War and placed under control of
the League of Nations
 Many of these mandates became trust territories
which are placed under the Trusteeship Council of
the United Nations.
 Nachura Notes – Constitutional Law

Condominium – territory jointly administered by 2 Membership

states.  Classes: based on the manner of admission,
members may be:
The United Nations 1. Original
Historical Development 2. Elective
1. League of Nations  Qualification
2. London Declaration 1. State
3. Atlantic Charter 2. peace-loving
4. Declaration by United Nations 3. accept the obligations under the Charter
5. Moscow Declaration 4. able and willing to carry out these obligations
6. Dumbarton Oaks Proposal  Admission
7. Yulta Conference  Decision of 2/3 of those present and voting in
8. San Francisco Conference the General Assembly upon recommendation of at
9. UN General Assembly welcomed Macedomia least 9 including permanent members of the
Security Council
UN Charter  Suspension
 Constitution, that governs the relations of  Decision of 2/3 of those present and voting in
international persons the General Assembly upon recommendation of at
 Technically, a treaty – a contract which parties least 9 including permanent members of the
must respect under the doctrine of pacta sunt Security Council
servanda, although it also applies to non-member  Effects:
States at least in so far as may be necessary for the 1. Cannot participate in meetings
maintenance of international peace and security. 2. Cannot be elected to continue or to serve in the
 111 articles + preamble + concluding provisions Security Council, Economic and Social Council and
 Annexed is the Statute of the ICJ Trusteeship Council
3. Nationals may continue to serve in the
Amendment Secretariat and IC,
 2/3 of the members of the General Assembly 4. A member is still subject to discharge its
and ratified in accordance with their respective obligations under the Charter
constitutional processes by 2/3 of the members of  To lift, qualified majority vote of the Security
the UN, including permanent members of the Council
Security Council  Expulsion
 A general conference called by a majority vote  2/3 vote of those present and voting in the
of the General Assembly and any nine members of General Assembly upon recommendation of at
the Security Council, may propose amendments by qualified majority of the Security Council
a 2/3 vote of the conference and shall take effect  Ground: persistently violating the principles
when ratified by 2/3 of the members of the UN, contained in Charter
including the permanent member of the Security  Withdrawal
Council.  Intended that no provision on withdrawal is
included in the charter.
Principal Objectives  No compulsion for continued membership.
1. prevention of war
2. maintenance of international peace and security Principal Organs
3. development of friendly relations among 1. General Assembly
members of the international community 2. Security Council
4. attainment of international cooperation 3. Economic and Social Council
5. harmony in the actions of nations 4. Trusteeship Council
5. Secretariat

131
 Nachura Notes – Constitutional Law
6. International Court of Justice
General Assembly
- Consist of all the members of the organization
- Each is entitled to not more than 5
representative and 5 alternates
- Each member has only one vote
- Regular session – once a year
- May hold special sessions – called by Secretary
General at the request of the Security Council or
majority of members
- On important questions, vote of 2/3 of the
members present and voting is required
- On other questions, a simple majority
- To classify the question as important, the vote
required is a simple majority
- Functions
1) Deliberative
2) Supervisory
3) Financial
4) Elective
5) Constituent
Security Council
- Key organ in the maintenance of international
peace and security
- Composition
1) 5 permanent members: China, France, Russia,
UK and US
2) 10 elective members, elected for 2 years by the
General Assembly
 5 from African and Asian States
 2 from Latin American States
 2 from Western European and other states
 1 from Eastern European state
- For elective members, no immediate reelection
is allowed
- Function continuously and sessions may be
called at any time
- Representative of the state should always be
available
- Functions
1) Maintain peace and security
2) Investigate disputes and call disputants to settle
their differences through peaceful means
3) Recommend methods of adjustment of disputes
4) Determine the existence of threats to peace,
breach of peace, acts of aggression and make
appropriate recommendations,
132
5) Undertake preventive and enforcement actions
 Preventive actions
1) Provisional measures to prevent a conflict from
worsening
2) Deployment of peacekeeping and observer
mission
- Established by Security Council
- Directed by the Secretary General
- Consent of the host government
- Military observers shall be unarmed
- Peace keeping forces may be armed with light
weapons, but are not authorized to use force except
in self-defense
- Operations must not interfere with internal
affairs
3) Other measures
- Interruption of economic relations,
communication or diplomatic relations, except for
humanitarian reasons
 Enforcement actions
1) Deployment of air, sea and land forces
2) Institution of a blockade
Domestic Jurisdiction Clause
 Necessary for settlement of disputes
 Only limitation is that dispute must be
international
 Otherwise, such action would violate the
principle that U.N. shall not intervene in any matter
within the jurisdiction of any State.
Voting: The Yalta Formula
 Each member of the Security Council shall have
one vote, distinction as to permanent and non-
permanent members in the resolution of substantive
questions.
 Procedural matter – affirmative vote by any 9 or
more members.
 Non-procedural matters – concurrence of at
least 9 members, including all the permanent
members.
 Determination of whether a matter is procedural
or substantive, is non-procedural  “double veto”
by a permanent member.
 Abstention or absence of any permanent
member is not considered a veto.
Economic and Social Council
 Nachura Notes – Constitutional Law
 54 members elected by the General Assembly
for a 3-year term
 Exert efforts toward:
1) Higher standards of living
2) Conditions of economic and social progress and
development
3) Solutions of international economic , social and
health related problems
4) Universal respect for and observance of human
rights and fundamental freedoms
 Decisions reached by a majority vote
Trusteeship Council
 Assisting the Security Council and the General
Assembly in the administration of the International
Trusteeship System
 Composition
1) Members of UN administering trust territories
2) Permanent members of the Security Council not
administering trust territories
3) As many other members elected by the General
Assembly as may be necessary to ensure that the
total number of members of the UN which
administer trust territories and those which did not
Secretariat
 Chief administrative organ of the UN
 Headed by the Secretary General who is chosen
by the General Assembly upon recommendation of
the Security Council
 Secretary General
 Highest representative of the UN, authorized to
act in its behalf
 Acts as Secretary in all meetings of the General
Assembly, Security Council. Economic and Social
Council and Trusteeship Council
 International civil servants
 Cannot receive instructions from any
government or source outside the UN
 Right of Political Initiative
 May bring to the attention of the UN Security
Council any matter which, in his opinion, may
threaten international peace and security.
International Court of Justice
 Principal judicial organ of the UN
 Composition:
 15 members
133
 elected for a term of 9 years
 by absolute majority vote in the General
Assembly and the Security Council
 in separate elections.
 no two of whom must be nationals of the same
state
 Qualifications
 must possess high moral character
 possess the qualifications required in their
respective countries for appointment to their highest
judicial offices
 Court decides contentious cases and renders
advisory opinions.
 Only states, including non-members of the UN,
may be parties in contentious cases.
 Jurisdiction of the court is based on the consent
of the parties in accordance with “optional
jurisdiction clause”
 Court may decide on:
 the interpretation of treaties,
 any question of international law,
 the existence of facts constituting breach of
international obligations and
 the nature or extent of the reparation to be made
for the breach of an international obligation.
 Advisory opinions may be given upon request
of the General Assembly, or the Security Council or
the other organs of the UN when authorized by the
General Assembly.
International Administrative Bodies
- Non-political
- Autonomous
- Not subject to control by any state
 International Law Commission
o Established by UN General Assembly in 1947
o To promote the codification and progressive
development of international law.
o One of the functions: to produce Draft Articles
which may codify certain customary international
law or aid in its development.
o E.g. Draft Articles on State Responsibility
 Legality of the Threat or Use of Nuclear
Weapons Opinion (WHO Case)
o ICJ ruled that it did not have jurisdiction to
decide on request of WHO to render an advisory
opinion on whether the use of nuclear weapons by a
 Nachura Notes – Constitutional Law
State in war or other armed conflict would be a
breach of its obligations under international law,
including WHO Convention.
o International organizations are governed by the
PRINCIPLE OF SPECIALTY, that they are
invested by the States which create them with
powers, the limits of which are a function of the
common interest whose promotion those States
entrust to them.
o To accede to the demand of WHO would be
violative of the Principle of Specialty, for such
competence could not be deemed a necessary
implication of the Constitution.
Individuals
- Traditionally considered as objects
- Granted a certain degree of international
personality under a number of Agreements:
1. UN Charter
2. Universal Declaration of Human Rights
3. treaties, e.g. Treaty of Versailles
4. The need for States to maintain an international
standard of justice in the treatment of aliens
5. Genocide Convention
6. 1930 Hague Convention
7. 1950 European Convention on Human Rights
and Fundamental Freedoms
III. FUNDAMENTAL RIGHTS OF STATE
1. Existence and Self-Preservation
2. Right to Sovereignty and Independence
3. Right of Equality
Existence and Self-Preservation
 Article 51 of the UN Charter
 Right of the state to individual and collective
self-defense through regional appointments, if an
armed attack occurs against such state, until the
Security Council has taken measures necessary to
maintain international peace and security.
 Right may be resorted to upon clear showing of
grave and actual danger and must be limited to
necessity.
 Security Council which determines whether or
not an “armed attack” has taken place.
 Aggression
 The use of armed force by a state against the
sovereignty, territorial integrity or political
134
independence of another state or in any other
manner inconsistent with the UN Charter.
 The first use of armed force by a State in
contravention of the UN Charter is prima facie
evidence of an act of aggression.
 Other principles
1. No consideration of whatever nature, political,
economic or military, can justify aggression.
2. A war of aggression is a crime against
international peace which will give rise to
international responsibility.
3. No territorial acquisition or special advantage
resulting from aggression shall be recognized as
lawful.
4. All these are without prejudice to the right of
self-determination, freedom and independence of
people deprived of such rights, nor the right to these
people to struggle to that end and to seek and
receive support.
Right to Sovereignty and Independence
 Sovereignty
 The totality of the powers, legal competence and
privileges of a state arising from customary
international law and not dependent on the consent
of another state.
 Independence
 The freedom to conduct foreign relations
without outside control.
 The right to independence is a natural aspiration
of people.
 It is not an absolute freedom.
 Valid restraints may consist in the obligation to
observe
1. the rights of others
2. treaty stipulations
3. obligations arising from membership in
international organizations
 Intervention
 State interferes in the domestic or foreign affairs
of another state through the use of force or threat of
force.
 Protest or demand for rectification or reparation
does not comprise intervention.
1. Intervention used to be justified for preservation
of the balance of power, pre-emptive self-defense,
enforcement of treaty obligation, collection of debts
 Nachura Notes – Constitutional Law
(subsequently prohibited – Drago Doctrine in the
HGUE Convention).
2. Contemporary International Law, intervention is
not allowed.
o Article 2, UN Charter – even UN is precluded
from intervening in matters essentially within the
domestic jurisdiction of a state, unless necessary to
remove and prevent threats to the peace, breaches or
acts of aggression.
o 1965 UN General Assembly – no state has the
right to intervene, directly or indirectly, in the
affairs of another.
3. At present, intervention is allowed only:
a. as an act of individual or collective self-defense
in response to an armed attack
b. pursuant to treaty stipulations or
c. with prior UN authorization
Right of Equality
- Article 2 of UN Charter
 Organization is based on the principle of
sovereign equality of all its members
 Guaranteed is legal – or sovereign – equality:
equal in law, rights of sovereignty, personality,
territorial integrity and political independence
respected by others.
 Not equality in fact
- Act of State Doctrine
 A state should not inquire into the legal validity
of the public acts of another state done within the
territory of the latter.
 Considerations such as motive are immaterial.
 State doctrine seems to make a determination on
the validity of the confiscation of property by a
foreign state a violation of the principle of
international law. (Sabbatino Case)
 Acts of torture, execution and disappearance
were clearly acts outside of the President’s authority
and are not covered by the act of state doctrine.
- Doctrine of State Immunity
 As a consequence of independence, territorial
supremacy and equality, a state enjoys immunity
from the exercise of jurisdiction (executive,
legislative, judicial) by another state, unless he has
given consent, waived its immunity or voluntarily
submitted to the jurisdiction of the court
concerned.
135
 Neither may its public property be attached or
taxed, nor its public vessel be boarded, arrested or
sued.
 Based on the principle of par in parem non
habet imperium.
 The State’s immunity extends to the Head of
State who is the personification of the State.
 Restrictive Application of the Doctrine
 Only with respect to sovereign or public acts of
the state and cannot be invoked with respect to
private or proprietary acts.
 Neither may this immunity be invoked when the
foreign state sues in the courts of another state, for
then it is deemed to have submitted itself to the
ordinary incidents of procedure and thus, a
counterclaim may be validly set up against it.
 On Labor Contracts
 Immunity Extends to Diplomatic Personnel to
the United Nations, its organs and specialized
agencies and to international organizations
 Waiver of Immunity
1. gives its consent at the time the proceeding is
instituted
2. takes steps relating to the merits of the case
before invoking immunity
3. by treaty or contract, it had previously given
consent
4. by law or regulation in force at the time the
complaint arose, it has indicated that it will consent
to the institution of the proceedings.
IV. RIGHT TO TERRITORIAL INTEGRITY
AND JURISDICTION
Territory
- Fixed portion on the surface of the earth on
which the State settles and over which it has
supreme authority.
- Components:
1. Terrestrial
2. Aerial
3. Fluvial
4. Maritime
- National Territory of the Philippines – Section
1, Article I.
- Organic Acts
1. Treaty of Paris – cession of the Philippine
Islands by Spain to the US
 Nachura Notes – Constitutional Law
2. Treaty between Spain and the US – Cagayan,
Sulu and Sibuto
3. Treaty between US and Great Britain – Turtle
Islands and Mangsee Islands
4. 1935 Constitution – Batanes
5. 1973 Constitution – by historic or legal title
6. PD 1596 – Kalyaan Islands by virtue of
occupation and exercise of jurisdiction
Land Territory (Terrestrial Domain)
Modes of Acquisition
1. Discovery and Occupation
 Territory not belonging to any State or terra
nullius is placed under the sovereignty of the
claiming State.
 Discovery alone merely creates an inchoate
right and it must be followed within a reasonable
time by effective occupation and administration.
 Palmas Island Arbitration Case – inchoate right
flowing from discovery was deemed lost because
administration was not undertaken within a
reasonable time.
 Clipperton Island Case – small territory 
infrequent administration sufficient
 Eastern Greenland Case – thinly populated and
uninhabited areas, very little actual exercise of
sovereignty was needed in the absence of
competition.
 Kalayaan Islands – Tomas Cloma – claim to the
islands is justified by reason of history,
indispensable need and effective occupation and
control.
 Manila Declaration of 1992 – whatever
conflicting claims, there may be over the islands
shall be resolved in a peaceful manner, through
diplomatic negotiations.
2. Prescription
 Continuous and uninterrupted possession over a
long period of time
 In international law, as opposed to civil law,
there is no rule of thumb as to the length of time
needed for acquisition of territory through
prescription.
 Grotius doctrine of immemorial prescription –
uninterrupted possession going beyond memory.
3. Cession
a. Voluntary
o Treaty of Sale
136
o Treaty of Donation
b. Involuntary or Forced
4. Conquest
 No longer recognized.
 UN Charter prohibits resort to threat or use of
force against territorial integrity or political
independence.
 Stimson Doctrine (even before UN Charter)
which forbade recognition of any government set up
through external aggression.
5. Accretion
 Increase in the land area of the State, through
natural means or artificially through human labor
Maritime Authority (Fluvial and Maritime Domain)
1) Internal (National) Waters
 Bodies if water within the land mass.
 The UN Convention on the Law of Seas – all
waters on the landward side of the baselines of the
territorial sea.
i. Rivers
 National
 Boundary – divide territories of States
 International –flows through various states
o Thalweg Doctrine: For boundary rivers, in the
absence of an agreement between the riparian
States, the boundary line is laid on the middle of the
main navigable channel
o Middle of the Bridge Doctrine: Where there is a
bridge over a boundary river, the boundary line is
the middle or center of the bridge.
ii. Bays and Gulfs
 Bay – well-marked indentation whose
penetration is in such proportion to the width of its
mouth as to contain land-locked waters and
constitute more than a curvature of the coast.
 Area must be as large or larger than a semi-
circle whose diameter is a line drawn across the
mouth of such indentation, or if the mouth is less
than 24 miles wide.
 Historic Bay – waters are considered internal
because of the existence of historic title.
iii. Straits – narrow passageways connecting 2
bodies of water.
 If the distance between the two opposite coasts
is not more than 6 miles, they are considered
internal waters.
 Nachura Notes – Constitutional Law
iv. Canals
 Suez Canal - neutralized
 Panama Canal – open to everyone in times of
war or peace
2) Archipelagic Waters
 Archipelagic Doctrine – The waters around,
between and connecting the islands of the
archipelago, regardless of their breadth or
dimension, are to be treated as internal waters.
 Archipelago – group of islands (including parts
of island), interconnecting waters and other natural
features which are closed interrelated in such
islands, waters, and other natural features which
form an intrinsic geographical, economic and
political entity for which historically has been
regarded as such.
 Straight Baseline Method – to determine extent
of archipelagic waters, the archipelagic state shall
draw straight baselines connecting the outermost
points of the outermost islands and drying reefs
providing that the ratio of the area of the water to
the area of the land, including atolls, is between 1:1
and 9:1.
 The length of such baselines shall not exceed
100 nautical miles, except that up to 3% of the total
number of base lines inclosing any archipelago may
exceed that length, up to a maximum of 125
nautical miles.
 The baselines drawn should not depart from, to
any appreciable extent, from the general
configuration of the archipelago.
 All the waters within the baselines shall be
considered as internal waters.
 The breadth of the 12-mile territorial sea, the
contiguous zone, the exclusive economic zone and
the continental shelf shall then be measures from
the archipelagic baselines.
 Vessels may be allowed innocent passage. This
right may be suspended, after PUBLICATION in
the interest of INTERNATIONAL SECURITY.
 Coastal state may designate the
ARCHIPELAGIC SEA LANES for continuous,
unobstructed transit vessels.
3) Territorial Sea - belt of the sea located between
the coast and internal waters of the coastal state on
one hand and the high seas on the other, extending
up to 12 nautical miles from the low-water mark, or
in case of archipelagic states, from the baselines.
137
 GR: ships (not aircrafts) of all states enjoy the
right of innocent passage through the territorial sea
(not waters).
 Must be continuous and expeditious.
 Exception: force majeure
 Submarines and other underwater craft are
required to navigate on the surface and to show
their flag
4) Contiguous Zone – extends up to 12 nautical
miles from the territorial sea.
 Technically, not part of the territory of the State.
 Coastal state may exercise limited jurisdiction
over the contiguous zone to prevent infringement of
customs, fiscal, immigration or sanitary laws.
5) Exclusive Economic Zone – extends up to 200
nautical miles from the low-water mark or the
baselines.
 Coastal state may exercise sovereign rights over
economic resources of the sea, seabed, subsoil,
 Other States shall have freedom of navigation
and over-flight, to lay submarine cables and
pipelines, and other lawful uses.
 States with overlapping EEZ  enter into
appropriate treaty for joint exploitation and
utilization.
 Philippine EEZ  Scarborough Shoal
6) Continental Shelf
 Comprises the seabed and the subsoil of the
submarine areas that extends beyond the territorial
sea throughout the natural prolongation of its land
territory to the outer edge of the continental margin,
or to a distance of 200 miles from the baselines
from which the territorial sea is ensured where the
outer edge of the continental margin does not
extend up to that distance.
 Coastal state enjoys right of exploitation of oil
deposits and other resources in the continental shelf.
 In case continental shelf extends to the shores of
another State, or is shared with another State, the
boundary shall be determined in accordance with
equitable principles.
7) High Seas
 Treated as res communes or res nullius
 Not territory of any particular state
 Traditional view: Freedom of the high seas –
open and available, without restriction, to the use of
all states for the purpose of navigation, flight over
 Nachura Notes – Constitutional Law
them, laying submarine cables and pipes, fishing,
research, mining, etc.
 At present, subject to regulation arising from
treaty stipulations.
 Freedom of navigation  right to sail ships on
the high seas, subject only to international law and
the laws of the flag state.
Settlement of Dispute Arising from the UN
Convention on the Law of the Sea (UNCLOS)
 Part XV of 1982 UN Convention on the Law of
the Sea
 Requires States to settle peacefully any dispute
concerning the convention.
 Failing bilateral settlement  settled for
compulsory settlement to one of the tribunals
having jurisdiction.
 International Tribunal for the Law of the Sea,
ICJ, and arbitral or special arbitral tribunals
constitutes under UNCLOS
Air Territory
- Aerial domain
- Air space above the land and water of the state.
- International Convention on Civil Aviation
(Chicago Convention)
 Every State has complete and exclusive
sovereignty over the air space above its territory;
but this shall not include outer space (re
communes).
 Other States have no right of innocent passage
over the air territory of another State.
 5 Freedoms (of Air Transportation for
Scheduled International Services)
 Fly across the territory without landing
 Land for non-traffic purposes
 Land to put down passenger, mail, cargo of flag
territory
 Land to take passenger, mail, cargo of flag
territory
 Put down passenger, mail, cargo from these
territories
- 1981 Resolution of the International Civil
Aviation Organization
 Intrusion into the air space by civilian aircraft
may be intercepted but in no case shall the
interception be attended with the use of weapons.
 Military aircraft may be shot down.
138
 Outer Space
 Rules governing high seas apply; considered res
communes.
 Under customary international law, States have
the right to launch satellites in orbit over the
territorial air space of other States.
 Outer Space Treaty of 1967
1. Outer space is free for exploration and use by all
States
2. Cannot be annexed by any State
3. May be used exclusively for peaceful purposes.
(nuclear weapons of mass destruction may not be
placed in orbit around the earth)
 1972 Convention on International Liability for
Damage Caused by Outer Space Objects
o States which launch objects into space may be
held liable for the harmful contamination or for
damage which may be caused by falling objects.
 Theories on where outer space begins
1. lowest altitude for artificial earth satellites to
orbit without being destroyed by friction (90 kms
above earth)
2. theoretical limits of air flights (84 kms above
earth)
3. functional approach – rules shall not depend on
the boundaries set, but on the nature of the activity
undertaken.
Jurisdiction
- Power or authority exercised by a State over
land, persons, property, transactions and events.
- Bases of Jurisdiction
1. Territorial Principle
 State may exercise jurisdiction only within its
territory.
 Exceptionally, it may have jurisdiction over
persons and acts done outside its territory
depending on the kind of jurisdiction it invokes.
 While there is no territorial limit on the exercise
of jurisdiction over civil matters, a State, as a
general rule, has criminal jurisdiction over offenses
committed committed within its territory, except
over:
1. continuing offenses
2. acts prejudicial to the national security or vital
interests of the State
 Nachura Notes – Constitutional Law
3. universal crimes
4. offenses covered by special agreement
(obsolete)
2. Nationality Principle
 State has jurisdiction over its nationals
anywhere in the world, based on the theory that a
national is entitled to the protection of the State
wherever he may be, and thus, is bound to it by duty
of obedience and allegiance, unless he is prepared
to renounce his nationality.
 Applies to civil matters (Article 15 of CC) and
taxation.
 NOT applicable to criminal offenses.
3. Protective Principle
 State has jurisdiction over acts committed
abroad (by nationals or foreigners) which are
prejudicial to its national security or vital interests.
 Article 2 of RPC, Philippines has jurisdiction
over
1. offenses committed on board a Philippine ship
or airship
2. forging/counterfeiting of Philippine coins or
currency notes
3. introduction into Philippines of such forged or
counterfeit coins or notes
4. offenses committed by public officers or
employees in the exercise of official functions
5. crimes against national security and the law of
nations
4. Principle of Universality
 State has jurisdiction over offenses considered
as universal crimes regardless of where committed
and who committed them.
 Universal crimes – threaten the international
community as a whole and are considered criminal
offenses in all countries:
a. Genocide
b. Piracy jure gentium
c. White slave trade
d. Hijacking
e. Terrorism
f. War crimes
5. Principle of Passive Personality
 State exercises jurisdiction over crimes against
its own nationals even if committed outside its
territory.
 May be resorted to if the others are not
applicable.
139
- Exemptions from Jurisdiction
1) Doctrine of State Immunity
2) Act of State Doctrine
 A state could not inquire into the legal validity
of the public acts of another State done within the
territory of the latter.
 The doctrine is more of a choice of law rule, and
may be raised by private parties.
3) Diplomatic Immunity
 Part of customary international law.
 To uphold their dignity as representative of their
respective States and to allow them free and
unhampered exercise of their functions.
 Procedure for claiming immunity:
1) Request by the foreign state for an executive
endorsement by the Department of Foreign Affairs
2) Determination made by the Executive
Department is a political question which is
conclusive on Philippine courts.
 Head of the State enjoys personal immunity
from the jurisdiction of another State
 1961 Vienna Convention on Diplomatic
Relations
• Right of the foreign State to acquire property in
the receiving State for its diplomatic mission, as
well as immunity of the diplomatic envoy from civil
jurisdiction of the receiving State over any real
action relating to immovable property which the
envoy holds on behalf of the sending state for
purposes of the mission.
4) Immunity of the United Nations, its Organs,
Specialized Agencies, other International
Organizations and its Officers
 Article 105, UN Charter: “organizations,
officers, representatives of members, who shall such
privileges and immunities as are necessary for the
independent exercise of their functions.”
 Secure them legal and practical independence in
fulfilling their duties.
 Free from political pressure or control by the
host country.
 Convention on the Privilege and Immunities of
the United Nations – the immunities are with
respect to:
1) Legal processes relative to words spoken or
written and acts in their official capacity
2) Taxation on salaries and emoluments
3) National service obligations
 Nachura Notes – Constitutional Law
4) Immigration, restriction and alien registration
5) Same immunities as are enjoyed by diplomats of
comparable rank
 International agency, enjoys immunity from the
legal writs and processes of the Philippines, because
subjection to local jurisdiction would impair the
capacity of such body to discharge its
responsibilities impartially in behalf of its member
States.
 Section 31, Convention on the Privileges and
Immunities to Specialized Agencies of the UN –
provides remedy for those who may be adversely
affected by these immunities  each specialized
agency of the UN shall make a provision for
appropriate modes of settlement of disputes arising
out of contracts or other disputes of private
character to which it is a party.
5) Foreign merchant vessels exercising the right of
innocent passage or arrival under stress
 Innocent Passage: navigation through the
territorial sea of a State for the purpose of
transversing that sea without entering internal
waters, or of proceeding to internal waters, or
making for the high seas from the internal waters, as
long as it is not prejudicial to the peace, good order
or security of the coastal State.
 Arrival under stress: involuntary entrance, due
to lack of provisions, unseaworthiness of vessel,
inclement weather or other case of force majeure,
such as pursuit by pirates.
6) Foreign armies passing through or stationed in
the territory with the permission of the State
7) Warships and other public vessels of another
State operated for non-commercial purposes
 Generally immune from local jurisdiction 
“floating territory”
 Crew members are immune from local
jurisdiction when on shore duty.
 N/A if the crew members violate local laws
while on furlough or off-duty
Jurisdiction over Land Authority
- Save for exceptions, the State exercises
jurisdiction over everything found within the
terrestrial domain.
Jurisdiction over Maritime Authority
- Over internal waters
140
 Same jurisdiction as land area, since the internal
water are deemed assimilated in the land mass
 Foreign merchant vessels docked in a local port
or bay, the coastal state exercises jurisdiction in
civil matters, but criminal jurisdiction depends on:
1) English Rule: coastal state shall have
jurisdiction over all offenses committed on board
the vessel except those which do not compromise
the peace of the port
2) French Rule: flag State shall have jurisdiction
over all offenses committed on board the vessel
except those which compromise the peace of the
port.
- Over archipelagic waters
 Same rule as internal waters.
 Except for innocent passage of merchant vessels
through archipelagic sea lanes.
- Over the territorial sea
 Criminal jurisdiction over foreign merchant
vessels depends on English Rule or French Rule
 Exceptions:
1) Innocent passage and
2) Involuntary surrender (distress on the vessel
must be real)
- Over the contiguous zone
 UN Convention on the Law of the Sea, the
Coastal State may exercise the control necessary to
prevent infringement of its customs, fiscal,
immigration and sanitary regulations, and punish
the said infringement.
- Over the exclusive economic zone
 UN Convention on the Law of the Sea, Coastal
State has sovereign rights over the EEZ for
purposes if exploring and exploiting, conserving
and managing the natural resources, whether living
or non-living, of the sea-bed, sub-soil, and the
superjacent waters as well the production of energy
from the water, currents and winds.
 Other States shall have the freedom of
navigation and over-flight, to lay submarine cables
and pipes and other lawful uses.
- Over the continental shelf
 Coastal State enjoys the right of exploitation of
oil deposits and other resources in the continental
shelf.
 In case the continental shelf extends to the
shores of another State or is shared with another
 Nachura Notes – Constitutional Law
State, the boundary shall be determined in
accordance with equitable principles.
- Over the high seas
 Its vessels
 Flag state has jurisdiction over its public vessels
wherever they are, and over its merchant vessels on
the high seas.
 Because of the “Flags of Convenience”
Controversy, the UN Convention on the Law of the
Sea concedes that a vessel shall have the nationality
of the flag it flies provided there is genuine link
between the State and the vessel  State must
effectively exercise jurisdiction and control in
administrative, technical and social matters over the
ship.
 Pirates
 Enemies of mankind
 May be captured on the open seas by the vessels
of any State
 Engaged in illicit traffic in drugs and slave trade
 All states shall cooperate in the suppression of:
1) Illicit traffic in narcotics
2) Illicit traffic in slave trade
3) Terrorism
4) Unauthorized broadcasting from the high seas,
except in distress calls
 In the exercise of the right to visit and search
 Laws of Neutrality – public vessels or aircraft of
a belligerent State may visit and search any neutral
merchant vessel on the open seas and capture it if
found to be engaged in activities favorable to the
other belligerent.
 Under the doctrine of hot pursuit
 If an offense is committed by a foreign
merchant vessel within the territorial waters of the
coastal state (or of the coastal state has good reason
to believe that such an offense had been committed)
the said State’s vessels may pursue the offending
vessel into the open seas and, upon capture, bring it
back to its territory for punishment.
 Exercised to violations committed in the EEZ or
on the continental shelf installations.
 However, to be lawful:
1) The pursuit must have begun before the
offending vessel has left the territorial waters or the
contiguous zone of the coastal state
2) The pursuit must be continuous and unabated
141
3) Ceases as soon as the ship being pursued enters
the territorial sea of its own or of a Third State.
Jurisdiction over other Territories (Extra-Territorial
Jurisdiction)
- State may, by virtue of customary and
conventional law, extend its jurisdiction to territory
not within its sovereignty in the following:
1) Assertion of personal jurisdiction over its
national abroad
2) Relations with other states, as when it
establishes a protectorate, condominium, or
administers trust territory or occupies enemy
territory in the course of war
3) Consequence of waiver of jurisdiction by the
local state over person and things within the latter’s
territory
4) Principle of extraterritoriality, exemption of
persons and things from the local jurisdiction on the
basis of international custom.
(Principle of extra-territoriality: exemption from
jurisdiction is based on treaty or convention;
discredited)
5) Enjoyment of easements and servitudes
Rome Statute of the International Criminal Court
(ICC)
- Adopted in July, 1988 by a Conference of States
in Rome
- Come into existence once 60 States have ratified
- Philippines signed the ICC Statute on 28
December 2000
- January 2000  124 countries have signed;
only 25 have ratified
- Jurisdiction of the court limited to serious
crimes of concern to international community as a
whole
a. Genocide
b. Crimes against humanity
c. War crimes
d. Crimes of aggression
V. RIGHT OF LEGATION
The Right of Legation
 Right of Diplomatic Intercourse
 Right of the state to send and receive diplomatic
missions, which enables States to carry on friendly
intercourse.
 Nachura Notes – Constitutional Law
 Not a natural or inherent right, exists by
common consent.
 No legal liability is incurred by the State for
refusing to send or receive diplomatic
representatives.
 Governed by the Vienna Convention on
Diplomatic Relations.
Agents of Diplomatic Intercourse
1. Head of State
 Embodiment of the sovereignty of the State
 Enjoys right to special protection for his
physical safety and the preservation of his honor
and reputation.
 Enjoys principle of exterritorilaity – quarters,
archives, property and means of transportation are
inviolable
 Immune from criminal and civil jurisdiction,
except when he himself is the plaintiff
 Not subject to tax or exchange or currency
restrictions.
2. The Foreign Office
 Entrusted with the actual day-to-day conduct of
foreign affairs
 Headed by Secretary or Minister – who can
make binding declarations on behalf of his
government.
Establishment of Resident Missions
 States carry on diplomatic intercourse through
permanent missions established in the capitals of
other States.
 Composed of:
1. Head of Mission – Classified by Vienna
Convention:
a. Ambassadors/nuncios accredited to Head of
State, and other heads of mission of equivalent rank
b. Envoys/ministers/internuncios, accredited to
Head of State
c. Charges d’affaires, accredited to Ministers of
Foreign Affiars
2. Diplomatic Staff
 Engaged in diplomatic activities and are
accredited diplomatic rank
3. Administrative and Technical Staff
 Employed in administrative and technical staff
of the mission
142
4. Service Staff
 Engaged in domestic service of the mission
Diplomatic Corps
 According to custom, all diplomatic envoys
accredited to the same state form a body known as
the Diplomatic Corps
 Doyen/head of the body:
1) Papal Nuncio
2) Oldest ambassador
3) Oldest minister plenipotentiary
Appointment of Envoys
 In the Philippines, the President  cannot be
questioned
 Sending state is not absolutely free in the choice
of its diplomatic representatives, especially heads of
mission BECAUSE the receiving State has the
RIGHT TO REFUSE to receive as envoy of another
State a person whom it considers unacceptable,
 To avoid embarrassment, sending State may
resort to an INFORMAL inquiry (enquiry) to which
the receiving State responds with an informal
conformity (agreement)  AGREATION
 After conclusion of the informal process, the
diplomatic mission commences when the envoy
presents himself at the receiving state generally
armed with the following papers:
1) LETTRE DE CREANCE (Letter of Credence) –
name/rank/general character of the mission and a
request for favorable reception and full credence
2) DIPLOMATIC PASSPORT authorizing his
travel
3) INSTRUCTIONS – includes document of full
powers (pleins pouvoirs) authorizing him to
negotiate on extraordinary or special business
4) CIPHER/CODE/SECRET KEY for
communications with his country
Functions
1) Represent sending State
2) Protect in receiving State the interests of the
sending State and its nationals, within the limits of
international law
3) Negotiating with the government of receiving
State
4) Ascertaining by all lawful means the conditions
and development in the receiving State
 Nachura Notes – Constitutional Law
5) Promote friendly relations
6) Developing their economic, cultural and
scientific relations
Diplomatic Immunities and Privileges – except as
provided below, immunities and privileges are
enjoyed by the ENVOY and the MEMBERS of the
DIPLOMATIC RETINUE
1) Personal Inviolability
 Not liable for any form of arrest or detention
 Treat him with due respect and take all steps to
prevent any attack on his person, freedom or
dignity.
 RA 75 punishes any person who assaults,
strikes, wounds, offers violence to the person of the
ambassador or minister (except when in self-
defense)
 UN CONVENTION ON THE PREVENTION
AND PUNISHMENT OF CRIMES AGAINST
INTERNATIONALLY PROTECTED PERSONS
considers crimes against diplomatic agents as
international not political in nature.
 Diplomatic envoy may be arrested temporarily
in case of urgent danger (acts of violence) which
makes it necessary to put him under restraint for the
purpose of preventing similar acts; must be released
and sent home in due time.
2) Inviolability of Premises and Archives
 Premises occupied and private residence
 Agents may not enter w/o consent of the envoy
 Exception: extreme cases of necessity  fire;
imminent danger
 Cannot be entered or searched
 Goods, records, archives cannot be detained by
local authorities even under process of law
 Service of writs, summons, orders or processes
within the premises of the mission or residence of
the envoy is prohibited
 Even if a fugitive takes refuge  but must be
surrendered upon demand by local authorities 
EXCEPT: Right of asylum exists
 N/A when the ambassador himself request local
police assistance
 Vienna Convention – receiving State has the
special duty to protect diplomatic premises against
invasion, damage or any act tending to disrupt the
peace and dignity of the mission.
143
 Immune from search, requisition, attachment or
execution
1) Premises
2) Furnishings
3) Other property thereon
4) Means of transport of the mission
5) Archives
6) Documents
7) Papers
8) Correspondence of the mission
 Unless the treaty is recognized by treaty or local
usage  envoy should not permit the premises of
his mission or his residence to be used as a place of
asylum for fugitives from justice.
 But he must, in the interest of humanity, afford
temporary shelter to persons in imminent peril of
their loves, such as those feeling from mob
violence.
3) Right of Official Communication
 As such, diplomatic pouch and diplomatic
couriers also enjoy inviolability.
4) Immunity from Local Jurisdiction
 Diplomatic agent cannot be arrested, prosecuted
and punished for any offense he may commit unless
his immunity is waived.
 Immunity from jurisdiction does not mean
exemption from local laws; it does not presuppose a
right to violate the laws of the receiving State.
 Diplomatic privilege does not import immunity
from legal liability but only exemption from local
jurisdiction.
 Immunity from civil and administrative
jurisdiction of the receiving State
 No civil action of any kind may be brought
against him
 GR: properties are exempt from garnishment,
seizure for debt, execution, and the like.
 Exception:
1) Real action relating to private immovable
property situated in the territory of the receiving
state
 Except: envoy holds it on behalf of the sending
State for the purpose of the mission.
2) Action relating to succession in which
diplomatic agent is involves as E/A/H/L as a private
person
 Nachura Notes – Constitutional Law
3) Action relating to any professional or
commercial activity exercised by diplomatic agent
in the receiving State outside his official function
 Cannot be compelled to testify/deposition w/o
consent of his government
 Immunity does not protect a public official who
commits unauthorized acts  unauthorized acts are
not acts of State…he may be sued for such unlawful
acts in his PRIVATE CAPACITY
 RA 75: declares as void any writ or process
issued out or prosecuted by any person in any court
of the Philippines, or by any judge or justice,
whereby the person of any Ambassador or Public
Minister of any foreign state, authorized and
received as such by the President or and Domestic
Servant of any such ambassador or minister is
arrested or imprisoned, or his goods or chattels
distrained, seized, or attached and penalties are
imposed for violations.
 N/A:
1) Citizens/inhabitants of the Philippines, where
the process is founded upon a debt contracted
before his employment in the diplomatic service
2) Domestic servants of the ambassadors or
minister whose names are not registered with the
DFA
 Children born to him while he possesses
diplomatic status are regarded as born in the
territory of his home State.
5) Exemption from Taxes and Customs Duties
 Vienna Convention
 Exceptions:
1) Indirect taxes normally incorporated in the
price of goods/services
2) Dues and taxes on private immovable property
situated in the territory of the receiving State, unless
he holds it on behalf of the sending State for
purposes of the mission.
3) Estate, succession or inheritance taxes on
investments in commercial ventures in the receiving
State
4) Dues and taxes on private income having its
source in the receiving State and capital taxes on
investments in commercial ventures in the receiving
State
5) Charges levied for specific services rendered
144
6) Registration, court or record fees, mortgage
dues and stamp duty, with respect to immovable
property.
 Exemption from all customs duties and taxes of
articles for the official use of the mission and those
for the personal use of the envoy or members of the
family forming part of his household.
 Baggage and effects are entitled to free entry
and normally exempt from inspection
 Articles addressed to ambassadors, ministers,
charge d’affaires are also exempt from customs
inspection.
6) Freedom of movement and travel in the territory
of the receiving State
7) Exemption from all personal services and
military obligations
8) Use of flag and emblem of the sending State on
the diplomatic premises and the residence and
means of transport of the head of mission
Duration of Immunities/Privileges
 From the moment he enters the territory of the
receiving State
 Cease only the moment he leaves or on expiry
of a reasonable time in which to do so
 w/ regard to official acts  immunity shall
continue indefinitely
 privileges are available even in transitu  when
traveling through a Third State on the way to or
from the receiving State
Waiver of Immunities
 GR: waiver cannot be made by the individual
concerned since such are not personal to him.
 Waiver by the government of the sending State
if it concerns the immunities of the head of mission
 Other cases, by the government or chief of the
mission
 Waiver does not include waiver of immunity
with respect to execution of judgment  separate
waiver necessary
Termination of Diplomatic Mission
1) Death
2) Resignation
3) Removal
4) Abolition of office
5) Recall by the sending state
 Nachura Notes – Constitutional Law
6) Dismissal by receiving state
7) War between sending and receiving
8) Extinction of state
Consular Relations
- Consuls: State agents residing abroad for
various purposes, mainly in the interest of
commerce and navigation.
- Kinds
1) Consules missi – professional and career
consuls; nationals of appointing state
2) Consules electi – selected by appointing state
from its own citizens or among national abroad
- Ranks
1) Consular General – heads several consular
districts, or one exceptionally large consular district
2) Consul – takes charge of a small
district/town/port
3) Vice Consul – assist the consul
4) Consular Agent – entrusted with the
performance of certain functions by the consul
- Appointment: 2 important documents necessary
before the assumption of consular functions:
1) Letters patent (letter de provision) – letter of
appointment or commission which is transmitted by
the sending state to the Secretary of Foreign Affairs
of the country where the consul is to serve
2) Exequatur – authorization given to the consul by
the sovereign state, allowing him to exercise his
functions
- Functions
1) Commerce and navigation
2) Issuance of visa
3) Such as are designed to protect the nationals of
the appointing state
- Immunities and Privileges
 1963 Vienna Convention on Consular Relations
1) Freedom of communication in ciphers or
otherwise
2) Inviolability of archives NOT of premises
3) Exempt from local jurisdiction for offenses
committed in the discharge of official functions not
of other offenses, EXCEPT minor infractions
4) Exempt from testifying on official
communication or on matters pertaining to consular
functions
5) Exempt from taxes, customs duties, military or
jury service
145
6) Display national flag and emblem in the
consulate
 Available to members of consular post, families
and private staff
 May be waived by appointing state
- Termination of Consular Mission
1) Usual modes of terminating official relationship
2) Withdrawal of the exequatur
3) Extinction of state
4) War
 Severance of consular relations does not
necessarily terminate diplomatic relations.
VI. TREATIES
Treaty
- International agreement concluded between
States in written form and governed by international
law, whether embodied in a single instrument of in
2 or more instruments and whatever its particular
designation.
- Agreement between States including
international organizations of States intended to
create legal rights and obligations of the parties.
- Executive agreement, under municipal law, is
not a treaty. But from the standpoint of international
law, equally binding as treaties.
- Qatar vs. Bahrain: Minutes to a Meeting and
exchange of letters constitute an international
agreement creating rights and obligations for the
parties.
Form
- Article 2, 1969 Vienna Convention on the Law
of Treaties, treaties should be in writing.
- Article 3, fact that treaty is unwritten shall not
affect its legal force.
- But that convention rules on matters governed
by international law independently of convention
shall apply and that convention rules shall apply to
the relations of the States among themselves.
- 1969 Convention on the Law of Treaties 
treaties executed between states
- 1986 Vienna Convention in Treaties for
International Organizations  treaties executed
between States and International Organizations
Requisites for Validity
1) Treaty-making capacity
 Nachura Notes – Constitutional Law
 Possessed by every state as attribute of
sovereignty
 International organization, deemed to possess
such, may be limited by the purpose and
constitution of such organization.
2) Competence of the representative/organ
concluding the treaty
 Generally, exercised by Head of State.
 In the Philippines, President w/ concurrence by
2/3 of all members of the Senate
3) Parties must freely given consent
 Doctrine of Unequal Treaties – imposed through
coercion or duress by a State of unequal character is
void.
4) Object and subject matter must be lawful
 Within the commerce of nations and in
conformity with international law.
 Doctrine of jus cogens – customary international
law has the status of peremptory norm of
international law, accepted and recognized by the
international community of states as a rule from
which no derogation is permitted.
 A treaty which contravenes such norms/rules
may be invalidated.
 Official torture of prisoners is violation of
principle of jus cogens (Human Rights Cases vs.
Marcos)
5) Ratification in accordance with constitutional
processes of the parties concerned
 Concurrence in by at least 2/3 of all the
members of the Senate.
Treaties and Executive Agreements
Treaties Executive Agreements
Basic political issues Adjustment of detail
Changes in national carrying out well-
policy established national
policies
Permanent international Temporary arrangements
arrangements
 When there is a dispute as to whether or not an
international agreement is purely an executive
agreement, the matter is referred to the Secretary of
Foreign Affairs who will then seek the comments of
the SENATE REPRESENTATIVE and the LEGAL
ADVISER of the DFA and after consultation with
146
the Senate leadership, the Secretary shall then make
the appropriate recommendations to the President.
Treaty-making Process
1) Negotiations
 Pleine pouvoirs
 Even w/o such, it has been the general practice
to consider the following as representatives of the
State for treaty negotiations:
1) Head of State
2) Head of Government
3) Foreign Minister
4) Head of diplomatic missions
5) Representative accredited by the State to an
international conference or to an international
organization
2) Signing of the Treaty
 Principle of alternat – order of the naming of the
parties and of the signatures of the plenitpotentiaries
is varied so that each party is named and its
plenipotentiary signs first in the copy of the
instrument to be kept by it.
3) Ratification
 Provisions of a treaty are formally confirmed
and approved by a State and by which the State
expresses its willingness to be bound by the treaty
 Philippines  power to ratify is with the
President, subject to concurrence by 2/3 of all the
members of the Senate
 Accession or Adhesion – non-signatory State
becomes a party to the treaty; by invitation or
permission of the contracting parties, a 3rd party
who did not participate or who did not ratify on
time, may be bound by a treaty.
 Reservation: unilateral statement made by a
State when signing, ratifying, accepting, approving
or acceding to a treaty, whereby it purports to
exclude or modify the legal effect of certain
provisions of the treaty in their application to the
State.
 Remains to be a party to the treaty  as long as
reservation is compatible with the object and
purpose of the treaty.
4) Entry into Force
 In such manner and on such date as it may
provide, or as the negotiating parties may agree.
 Nachura Notes – Constitutional Law
 Absence of such provision, as soon as consent
of all the parties to be bound by the treaty is
established.
 Consent deemed established:
1) Exchange of instruments of ratification
2) Deposit of such instrument with a named
depositary, coupled with the notification to the
contracting State of such deposit.
 Registration with and publication by the UN –
failure does not affect the validity of the treaty; only
that the unregistered instrument cannot be invoked
by any party before any organ of the United
Nations.
When non-signatories may be bound by a treaty
 GR: treaties cannot impose obligations upon
States not parties to them. (Pacta tertiis nocent nec
prosunt)
 Exception
1) Process of Accession or Adhesion
2) Most favored Nation Clause – contracting State
entitled to the clause may claim the benefits
extended by the latter to another State in a separate
agreement.
3) Formal expression of customary international
law
4) Treaty expressly extends benefits to non-
signatory States
Fundamental principles
1) Pacta sunt servanda
 Treaties must be observed in good faith.
 If necessary, State must modify its national
legislation to make them conform to the treaty, to
avoid international embarrassment
 Philippines  treaty may be invalidated if
contrary to Constitution
 Tanada vs. Angara: Treaties do not limit or
restrict sovereignty of a State; by their voluntary
act, States may surrender some aspects of their
power in exchange for greater benefits granted by or
derived from a convention or pact.
2) Rebus sic stantibus
 Contracting State’s obligations under a treaty
terminates when a vital or fundamental change or
circumstances occurs, thus allowing a State to
unilaterally withdraw from a treaty, because of
147
“disappearance of the foundation upon which it
rests.”
 Doctrine does not operate automatically, there
must be a FORMAL ACT OF REJECTION, usually
by the HEAD OF STATE, with a statement of the
REASONS why compliance with the treaty is no
longer required.
 Requisites
1) Change must be so substantial that the
foundation of the treaty must have altogether
disappeared
2) Change must have been unforeseen or
unforeseeable at the time of the perfection of the
treaty
3) Change must not have been caused by the party
invoking the doctrine
4) Doctrine must be invoked within a reasonable
time
5) Duration of the treaty must be indefinite
6) Doctrine cannot operate retroactively
Interpretation of Treaties
- Interpreted in good faith
- Ordinary meaning given to the terms
- In the light of its objects and purposes
- Consider:
1) Preamble
2) Text
3) Annexes
4) Agreements relating to the treaty
5) Subsequent agreements
Amendment/Modifications
 Consent of all the parties is required
 If allowed by the treaty itself, 2 States may
modify a provision only insofar as they are
concerned.
Termination of Treaties
1) EXPIRATION of the term or WITHDRAWAL
of a party
2) EXTINCTION of one of the parties (bipartite
treaties)
 When the rights and obligations under the treaty
would not devolve upon the State that may succeed
the extinct State
3) MUTUAL AGREEMENT of ALL the parties
4) DENUNCIATION or DESISTANCE
 Nachura Notes – Constitutional Law

 The right to give notice of termination or  No obligation on the part of the State of his
withdrawal – right of denunciation nationality to recognize a person’s newly acquired
5) SUPERVENING IMPOSSIBILITY of nationality.
performance 3) Repatriation – recovery of nationality by
6) CONCLUSION of SUBSEQUENT individuals who were natural-born citizens of a
INCONSISTENT TREATY State but who had lost their nationality.
7) LOSS of the subject matter 4) Subjugation
8) MATERIAL BREACH or violation 5) Cession
9) REBUS SIC STANTIBUS
10) Outbreak of WAR, unless the treaty precisely Loss of Nationality
relates to the conduct of war 1) Release
11) SEVERANCE of diplomatic relations 2) Deprivation
12) Doctrine of JUS COGENS or emergence of 3) Renunciation
NEW PEREMPTORY NORM of general 4) Substitution
international law which renders void any existing
treaty conflicting with such norm. Multiple Nationality
 Possessed of mope than one nationality because
VII. NATIONALITY AND STATELESSNESS of the concurrent application to him of the
municipal laws of 2 or more states claiming as their
Nationality – membership in a political community national.
with rights and duties  Arise by:
- Determination of a person’s nationality – 1930 1) Concurrent application to him of the principles
Hague Convention on Conflict of Nationality Laws of jus sanguinis and jus soli
1) For each state to determine under its own law 2) naturalization w/o renunciation of the original
who are its nationals nationality
2) Question as to whether a person possesses the 3) legitimation
nationality of a particular State shall be determined 4) legislative action
in accordance with the law of that State.  Policy in the Philippines- dual allegiance is
inimical to national interest and shall be dealt with
- Mode of Acquisition of Nationality by law.
1) Birth  Resolution of conflicts in Multiple Nationality
 Jus sanguinis (by blood) Cases
 Jus soli (by place of birth)  1930 Hague Convention on the Conflict of
2) Naturalization Nationality Law
 Accomplished through: 1) A person having 2 or more nationalities –
1) Marriage regarded as national by each of the States; AND a
2) Legitimation state may not give diplomatic protection to one of
3) Election its nationals against a State whose nationality that
4) Acquisition of domicile person possesses.
5) Appointment to government office 2) If a person has more than one nationality, he
6) Grant on application shall within a 3rd state, be treated as if he had only
 In the Philippines one; the third State shall recognize exclusively
1) Judicial process either the nationality of the State in which he is
2) Legislative process habitually and principally resident or the nationality
3) Election of the State with which he appears in fact to be most
4) Marriage closely connected – “Principle of Effective
Nationality”

148
 Nachura Notes – Constitutional Law
3) If a person, without any voluntary act of his
won, possesses double nationality, he may renounce
one of them with the permission of the State whose
nationality he wishes to surrender and, subject to
the laws of the State concerned, such permission
shall not be refused if that person has his habitual
residence abroad.
Statelessness
- Status of having no nationality, as a
consequence of being BORN WITHOUT A
NATIONALITY or as a result of DEPRIVATION
or LOSS OF NATIONALITY.
- 1954 Convention Relating to the Status of
Stateless Persons – contracting states agreed to
grant to stateless persons within their territories
treatment at least as favorable as that accorded to
their nationals with respect to:
1. freedom to practice their religion and freedom
as regards the religious education of their children
2. access to courts
3. rationing of products in short supply
4. elementary education
5. public relief and assistance
6. labor legislation and social security
- Contracting states also agreed to grant to
stateless persons within their territories as favorable
as possible, in any event, not less favorable than
that accorded to aliens:
1. acquisition of movable and immovable property
2. right of association in non-political and non-
profit-making associations and trade unions
3. gainful employment and practice of liberal
profession
4. housing and public education other than
elementary
5. freedom of movement
VIII. TREATMENT OF ALIENS
General Rule: Flowing from its right of existence
and as an attribute of sovereignty, no State is under
obligation to admit aliens.
 Power to regulate the entry and stay of aliens,
and the State has the right to expel aliens from its
territory through DEPORTATION or
RECONDUCTION.
 DEPORTATION or EXPULSION
 Menace to the security of the State
149
 Entry was illegal
 Permission to stay has expired
 Violated any limitation or condition prescribed
for his admission and continued stay.
 RECONDUCTION
 Forcible conveying of aliens back to their home
States
 Destitute aliens
 Vagabonds
 Aliens without documents
 Alien criminals
 Home state of such aliens has the obligation to
receive them
 Alien must accept the institutions of the State.
He may be deprived of certain rights.
 Local laws may grant him certain rights and
privileges based on:
1. reciprocity
2. most-favored-nation treatment
3. national treatment (equality between nationals
and aliens in certain matters)
 privileges may be revoked, subject to treaty
stipulations.
Doctrine of State Responsibility
 a State is under obligation to make reparations
to another State for the failure to fulfill its primary
obligation to afford, in accordance with
international law, the proper protection due to the
alien national of the latter State.
 The State may be held liable for injuries and
damages sustained by the alien if:
1. Act or omission constitutes an international
delinquency
 International Standard of Justice – standard of
reasonable state and notions accepted in modern
civilization.
1. laws of the State fall below the international
standard, it is no defense that such laws are
applicable not only to aliens but to nationals 
doctrine of equality of treatment not applicable
2. independence of the courts of the State and
unless the misconduct is extremely gross, the law
does not lightly hold a State responsible for any
error committed by the Courts
2. Act or omission is directly or indirectly
imputable to the State
 Nachura Notes – Constitutional Law
 Even when the laws of the State conform to
International standard, if it does not make
reasonable efforts to prevent injury to alien or
having done so unsuccessfully, fails to repair such
injury.
 The act or omission that may give rise to
liability may either be:
1. acts of government officials
 primary agents
 give rise to direct state responsibility
 acts of high administrative officials
 officer acts beyond the scope of his authority,
his act is likened to an act of a private individual.
 Acts of a minor or subordinate official to give
rise to liability, there must be a denial of justice or
something which indicates complicity of the State
in, or condonation of, the original wrongful act,
such as an omission to take disciplinary action
against the wrongdoer.
2. acts of private individuals
 For State to be liable, there must be actual or
tacit complicity of the government in the act, before
of after it, either by directly ratifying or approving
it, or in the patent or manifest negligence in taking
measures to prevent injury, investigate the case,
punish the guilty or to enable the victim to pursue
his civil remedies against the offender.
 The claimant has the burden of proving.
3. Injury to the claimant State indirectly because of
damage to its national
Enforcement of Alien’s Claim
1. Exhaustion of Local Remedies
 Because the State must be given an opportunity
to do justice in its own regular way and without
unwarranted interference with its sovereignty by
other states.
 N/A if:
1. no remedies to exhaust, e.g. laws are
intrinsically defective
2. courts are corrupt
3. no adequate machinery
4. international delinquency results from an act of
state
 Calvo Case: alien waives or restricts his right to
appeal to his own state in connection with any claim
arising from the contract and agrees to limit himself
150
to the remedies available under the laws of the local
state.
 Does not mean that the alien’s state is deprived
of the right to protect or vindicate its interest in case
they are injured in another state, as such waiver can
be legally made by the state, not the alien.
2. Resort to Diplomatic Protection
 After exhaustion of local remedies, alien must
avail himself of the assistance of his state.
 Tie of nationality  time of injury until time
international claim is finally settled.
 UN may file diplomatic claim on behalf of its
officials.
 European Commission on HR and also
contracting states other than the state of the injured
individual may bring alleged infractions of the
European Convention on HR before the European
Court of HR.
3. Modes of Enforcement of Claims
 Negotiations or other modes of settling dispute.
 When responsibility is established:
1. Reparation
2. Satisfaction
3. Compensation
4. all three
Extradition
- surrender of a person by one state to another
state where he is wanted for prosecution or
punishment (if already convicted)
Basis
 treaty
 local state may grant asylum, or
 if there is surrender, the same is merely a
gesture of comity
Deportation
 expulsion of an alien who is considered
undesirable by local state, usually but necessarily to
his own state
 unilateral act of the local state and is made in its
own interests
Extradition
 surrender of a fugitive by one state to another
where he is wanted for prosecution or punishment.
 Nachura Notes – Constitutional Law
 Surrender is made at the request of the latter
state on the basis of a treaty.
Fundamental Principles:
1. Based on CONSENT – treaty or goodwill
2. PRINCIPLE OF SPECIALTY – fugitive who is
extradited may be tried only for the crime specified
in the request for extradition and included in the list
of offenses in the extradition treaty.
 State of refuge has the right to object to a
violation
 “Non-list” types of extradition treaties –
offenses punishable under the laws of both states by
imprisonment on 1 year or more are included
among extraditable offenses.
3. ANY PERSON may be extradited
4. POLITICAL AND RELIGIOUS OFFENDERS
are generally not subject to extradition
5. Offense must have been COMMITTED
WITHIN the territory or AGAINST THE
INTERESTS of the demanding state
6. RULE OF DOUBLE CRIMINALITY. Act for
which extradition is sought must be punishable in
both the requesting and requested states.
Procedure for Extradition
1. REQUEST through diplomatic channels,
accompanied by necessary papers
 Identity of wanted person
 Crime alleged to have been
committed/convicted
2. JUDICIAL INVESTIGATION, after receipt of
the request, state of refuge shall investigate to
ascertain if the crime is covered by the extradition
treaty and if there prima facie case against the
fugitive according to its own laws.
 If there is, WARRANT IF SURRENDER and
fugitive delivered to the state of refuge.
 Sui generic and not criminal proceedings  no
automatic application of the Bill of Rights
 Do not involve the question of guilt or
innocence of the person to be extradited
 Savarkar Case: Abduction of the fugitive in the
state of refuge is not allowed  violation of the
territorial integrity of the state of refuge; BUT if
effected with the help of the nationals of the state of
refuge itself, then the state of refuge cannot later
demand the return of the fugitive.
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RP’s Extradition Treaties
 “non-list” types of double criminality approach
(no traditional listing of crimes):
1. Australia
2. Canada
3. Indonesia
4. Micronesia
5. Switzerland
Letters Rogatory
- Formal communication from a court in which an
action is pending, to a foreign court, requesting that
the testimony of a witness residing in such foreign
jurisdiction be taken under the direction of the
court, addressed and transmitted to the court making
the request.
- Power to issue letters rogatory is inherent in
courts of justice
Asylum
- Power of the state to allow an alien who has
sought refuge from prosecution or persecution to
remain within the territory and under its protection
- Never been recognized as a principle of
international law.
Principles on Asylum
 Territorial Asylum
 Exists when stipulated in a treaty or justified by
established usage.
 May depend on the liberal attitude of the
receiving state, “territorial supremacy”
 Diplomatic Asylum
 Exists when stipulated in a treaty or justified by
established usage.
 Within “narrowest limits” or when the life or
liberty of the person is threatened by imminent
violence.
 Rule in the Philippines
 Generally, diplomatic asylum cannot be granted
except to members of the official or personal
household of diplomatic representatives
 On humanitarian grounds may be granted to
fugitives, whose lives are in imminent danger from
mob violence but only during the period when
active danger persists.
 Nachura Notes – Constitutional Law

 Where a third party, either alone or in

Refugees collaboration with others, offers to help in the
- Any person who is outside the country of his settlement of a dispute.
nationality, or if he has no nationality, the country  When the offer is accepted  “exercise of good
of his former habitual residence, because he has or offices”
had well-founded fear of prosecution by reason of 4. Mediation
his race, religion, nationality or political opinion  Third party offers to help with a solution,
and is unable or, because of fear, is unwilling to usually based on compromise.
avail himself of the protection of the government of  It offers a solution while good offices brings the
the country of his nationality, or if he has no parties together.
nationality, to return to the country of his former 5. Conciliation
habitual residence.  Active participation of a third party, solicited by
- Essential Elements: the disputants, in an effort to settle the conflict.
1. outside the country of his nationality or if
 Conciliator’s recommendations are not binding.
stateless, outside the country of his habitual
6. Arbitration
residence
2. lacks national protection  Solution of a dispute by an impartial third party
3. fears persecution usually a tribunal created by the parties under a
- treated as a stateless individual – de jure or de charter known as a compromis.
facto 7. Judicial Settlement
- Refugee Convention of 1951: does not deal with  Similar to arbitration:
admission but with non-refoulment (no contracting 1. nature of the proceedings
state shall expel or return a refugee in any manner 2. binding character of the award
whatsoever, to the frontiers of territories where his  Differences:
life or freedom is threatened. The state is under
obligation to grant him temporary asylum) Judicial Settlement Arbitration
IX. SETTLEMENT OF DISPUTES Judicial body is pre- Arbitrary body is ad hoc
existing
International Disputes Jurisdiction is usually
 Actual disagreement between States regarding compulsory
the conduct to be taken by one of them for the Law applied is
protection or vindication of the interests of the independent of the will
other. of the parties
 Situation – initial stage of dispute Judicial settlement of
international dispute is
Pacific or Amicable Modes now lodges in the
 Article 3 of the UN Chapter International Court of
 Parties to any dispute, the continuance of which Justice
is likely to endanger the maintenance of
international peace and security shall seek a  Optional Jurisdiction Clause
solution by:  ICJ’s jurisdiction is based on consent of the
1. Negotiation parties.
 States settle their differences through an  BUT Article 36 of the Statute of the
exchange of views between diplomatic agencies. International Court of Justice provides that
2. Enquiry states/parties to the Statute recognize the
 Ascertainment of pertinent facts and issues jurisdiction of the Court over disputes concerning:
3. Tender of Good Offices 1. interpretation of a treaty
2. any question of international law

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 Nachura Notes – Constitutional Law
3. existence of any fact which would constitute a
breach of international obligations
4. nature or extent of the reparation to be made
for such breach
8. Resort to Regional Agencies or Arrangements
 Parties may of their own volition or at the
instance of the organization itself, assume the
obligation of settling the dispute.
Hostile Methods
- Pacific methods have failed.
- Includes:
1. Severance of Diplomatic Relations
2. Retorsion – unfriendly but lawful, coercive acts
done in retaliation for unfair treatment and acts of
discrimination of another state. (e.g. levy of high
discriminatory tariffs on goods)
3. Reprisal – unfriendly and unlawful acts in
retaliation for reciprocal unlawful acts of another
state:
a. Freezing of the assets of the nationals of the
other state
b. Embargo – forcible detention or sequestration of
vessels and other property of the offending state.
c. Pacific blockade – prevention of entry/exit from
the ports of the offending state of means of
communication or transportation n(could be
violative of UN Charter)
d. Non-intercourse – suspension of all intercourse
with the offending state, in matters of trade and
commerce
e. Boycott – concerted suspension of commercial
relations with the offending state, particularly, the
refusal to purchase goods.
4. Intervention
5. other Peaceful Means
Role of the United Nations
- Methods of settling disputes do not succeed, UN
may be asked or may decide on its own authority to
take a hand in the settlement
- Security Council or the General Assembly
Security Council
- Intervene in all disputes affecting international
peace and security and in all disputes which
although coming under the domestic jurisdiction
clause, have been submitted to it by the parties for
settlement.
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a. Security Council will recommend appropriate
measures; consider amicable measures or refer
matter to ICJ;
b. If unsuccessful, Security Council may
recommend such terms of settlement as it may deem
appropriate; and
c. If the terms of settlement are rejected, Security
Council may take:
 Preventive Action
 Not involving use of armed force
 E.g. complete or partial interruption of
economic relations, and of rail, sea, air, postal,
telegraphic, radio or other means of
communications and severance of diplomatic
relations.
 Enforcement Action
 By air, sea or land forces as may be necessary to
maintain or restore international peace and security
including demonstrations, blockades and other
operations by air, sea or land forces of members of
the UN.
 Member state is obliged to render assistance in
carrying out the measures decided upon by the
Security Council.
General Assembly
- If the Security Council because of lack of
unanimity fails to exercise its primary responsibility
to maintain peace and security, the General
Assembly shall consider making recommendations
including the use of armed forces when necessary.
X. WAR AND NEUTRALITY
War
 Contention between 2 states, through their
armed forces, for the purpose of overpowering the
other and imposing such conditions of peace as the
victor pleases.
 Does not mean the mere employment of force.
 If a nation declares war, war exists though no
force has yet been used.
Outlawry of War
 Condemnation of war on an international scale
 Covenant of the League of Nations: conditions
for the right to go to war
 Nachura Notes – Constitutional Law
 Kellogg-Briand Pact of 1928 or General Treaty
for Renunciation of War: forbade war as an
instrument of national policy
 Charter of the United Nations: prohibits the
threat or use of force against the territorial integrity
or political independence of a state.
Commencement of War
a. Declaration of war
b. Rejection of an ultimatum
c. Commission of an act of force regarded by one
of the belligerents as an act of war
Effects of Outbreak of War
(1) Laws of peace cease to regulate the relations
between the belligerents and are superseded by laws
of war;
Third states are governed by laws of neutrality
in their relations with the belligerents;
(2) Diplomatic and consular relations are
terminated;
Representatives are allowed to return to their
countries;
(3) Treaties of political nature are automatically
cancelled, except those intended to operate during
the war;
Multipartite treaties dealing with technical or
administrative matters are merely suspended as
between belligerents.
(4) Individuals are impressed with enemy character:
a. Nationality test – nationals of the other
belligerent, wherever they may be
b. Domicillary test – domiciled aliens in the
territory of the other belligerent on the assumption
that they contribute to its economic resources
c. Activities test – if being foreigners, they
participate in the hostilities in favor of the other
belligerent
(5) Corporations and other juridical persons are
considered enemies:
a. where the controlling stockholders are nationals
of the other belligerent OR
b. if incorporated in the territory or under the laws
of the other belligerent and may not be allowed to
continue operations.
(6) Enemy public property found in the territory of
the other belligerent at the outbreak of the war is
subject to confiscation;
Private property is subject to requisition.
154
 State may, in time of war, authorize and provide
for seizure and sequestration, through executive
channels, of properties believed to be enemy-
owned, if adequate provision is made for their
return in case of mistake.
Participants in War
1. Combatants – those who engage directly in the
hostilities
2. Non-combatants – those who do not
Combatants – may be:
1. Non-privileged: like spies, who under false
pretenses try to obtain vital information from the
enemy ranks and who, then caught, are not
considered prisoners of war.
2. Privileged : who, when captured, enjoy the
privileges of prisoners of war:
a. Regular armed forces
b. Ancillary services
c. Accompany the armed forces
d. Levees en masse, inhabitants of unoccupied
territory who, on approach of the enemy,
spontaneously take up arms to resist the invading
troops without having had time to organize
themselves, provided they carry arms openly and
observe the laws and customs of war;
e. Franc tireursm, or guerillas, provided they are
commanded by a person responsible for his
subordinates, wear a fixed distinct emblem
recognizable at a distance, carry their arms openly,
and conduct their operations according to the laws
and customs of war; and
f. Officers and crew of merchant vessels who
forcibly resist attack.
Rights of Prisoners of War
 1949 Geneva Convention
 Treated humanely
 Not subject to torture
 Allowed to communicate with their families
 Receive food, clothing. Religious articles, etc.
Spies
 Individual is deemed a spy only if,
a. Acting clandestinely or under false pretenses
b. He obtains or seeks to obtain information in the
zone of operations of a belligerent
 Nachura Notes – Constitutional Law

c. With the intention of communicating it to the maintain international peace and security,
hostile party. humanitarian rules of warfare should still govern.
 When captured, may be proceeded against under
the municipal law of the belligerent. Principle of Chivalry
 Although under the Hague Convention, may not  Prohibits the belligerents from the employment
be executed without a trial. of perfidious or treacherous methods.
 But if captured after he has succeeded in
rejoining his army, must be treated as a prisoner of Belligerent Occupation
war.  Temporary military occupation of the enemy’s
 Scouts or soldiers in uniform who penetrate the territory during the war.
zone of operations of the hostile army to obtain  Maintains effective control and military
information are NOT spies. superiority and being able to send sufficient forces
to assert its authority within a reasonable time.
Mercenaries
 Protocol I to the 1949 Geneva Convention Effects
No change in sovereignty, but exercise of the
 Mercenaries shall not have the rights of
powers of sovereignty is suspended.
combatants or of prisoners of war.
Political laws, except the laws on treason, are
 To be considered a mercenary
suspended.
a. The person must be a specially recruited to fight
Municipal laws remain in force.
for a particular armed conflict
b. Must take direct part in the hostilities
Rights and Duties of Belligerent Occupant
c. Motivated essentially by the desire for personal
1. Re-establish or continue the processes of orderly
gain and is provided material compensation
administration, including enactment of laws.
substantially in excess of that promised or paid to
2. Adopt measures for the protection of the
combatants of similar ranks and functions in the
inhabitants
armed forces of that party.
3. Requisition (sequester) goods with proper cash
or future payment and services in non-military
Conduct of Hostilities.
projects (Conscription is prohibited)
Three Basic Principles
4. Demand taxes and contributions to finance
Principle of Military Necessity
military and local administrative needs
The belligerent may employ any amount of force to
 Foraging: the actual taking of provisions for
compel the complete submission of the enemy with
men and animals by the occupation troops where
the least possible loss of lives, time and money.
lack of time makes it inconvenient to obtain
Principle of Humanity
supplies by usual or ordinary methods.
Prohibits the use of any measure that is not
 Compensation must be paid at the end of the
absolutely necessary for the purposes of the war.
war.
Humanitarian Convention in Armed Conflict
5. Issue legal currency
The right of the parties to adopt means of injuring
6. Use enemy property, public or private, but
the enemy is not unlimited
private property is subject to indemnification or
Parties are prohibited to launch attacks against the
return at the end of the war.
civilian population as such
Distinction must be made at all times between
Right of Angary
persons taking part in the hostilities and members of
 Right of belligerent state, in cases of extreme
the civilian population, to spare the latter as much
necessity, to destroy or use neutral property on its
as possible.
own or on enemy territory or on the high seas
Enforcement action undertaken by UN is not war in
the traditional sense, as it is employed only to
Non-Hostile Intercourse

155
 Nachura Notes – Constitutional Law
Flag of Truce
 White in color  desire to communicate with
the enemy
 Agent (parlementaire) enjoys inviolability and is
entrusted with the duty of negotiating with the
enemy.
Cartels
 Agreements to regulate intercourse during the
war
 Usually on the exchange of prisoners of war
Passport
 Written permission given by the belligerent
government
 To the subjects of the enemy
 To travel generally in the belligerent state
Sage-conduct
 Permission given to an enemy subject or to an
enemy vessel
 Allowing passage between defined points
Safeguard
 Protection granted by a commanding officer to
enemy persons or property within his command
 Usually with an escort or convoy of soldiers
providing the needed protection.
Licenses to Trade
 Permission given by competent authority to
individuals to carry on trade though there is state of
war.
Suspension of Hostilities
Suspension of Arms
 Temporary cessation of hostilities
 By agreement of the local commanders
 For the purposes of gathering of the wounded
and burial of the dead
Armistice
 Suspension of hostilities within a certain area or
in the entire region of the war
 Agreed upon by the belligerents
 Usually for the purpose of arranging the terms
of the peace
156
Cease-Fire
 Unconditional stoppage of hostilities
 Usually ordered by an international body
Truce
 Conditional cease-fire for political purposes
Capitulation
 Surrender of military forces, places or districts
in accordance with rules of military honor.
Termination of War
1. Simple Cessation of Hostilities
 Principle of uti possidetis with respect to
property and territory possessed by the belligerents
is applied.
2. Conclusion of a negotiated treaty of peace
3. Defeat of one of the belligerents
 Followed by a dictated territory of peace or
annexation of conquered territory.
Postliminium
 Revival or reversion to the old laws and
sovereignty of territory which has been under
belligerent occupation once control of the
belligerent occupant is lost over the territory
affected.
Distinguished from Uti Possidetis
 Uti Possidetis alloaws retention of property or
territory in the belligerent’s actual possession at the
time of the cessation of hostilities.
War Crimes
- Acts for which soldiers or other individuals may
be punished by the enemy on capture of the
offender.
- War Criminal: any person – civilian or member
of the armed forces of the State, who commits an
act that violates a rule of international law
governing armed conflicts
Neutrality and Neutralization
 Neutrality
Non-participation in a war between contending
belligerents
Exists only during war
Governed by the law of nations
 Nachura Notes – Constitutional Law
 Naturalization
Result of a treaty wherein conditions of the status
are agreed upon by the neutralized state and other
signatories
Exists both in times of war and of peace
Governed by the agreement entered into by and
between the parties
 A permanently neutral or neutralized state is one
whose independence or integrity is guaranteed by
other states, under the condition that such state
binds itself never to participate in an armed conflict
or military operation except for individual self-
defense.
 In Cold War, the states which sided with neither
the democracies nor the communists were referred
to as neutralist or non-alligned states.
 Non-belligerency – did not take part in military
operations but which did not observe the duties of a
neutral.
o Mid-way between a neutral and a belligerent
o Not recognized in international law
Neutrality under UN Charter
o Because of enforcement action that UN may
undertake, absolute neutrality cannot exist among
UN Members
Rules of Neutrality
Neutrals have the right and duty:
Abstain from taking part in the hostilities and from
giving assistance to either belligerents by:
Sending of troops
Official grant of loans
Carriage of contraband
Contraband – goods which, although neutral
property, may be seized by a belligerent because
they are useful for war and are bound for a hostile
destination.
i. Absolute – useful for war under all
circumstances (guns/ammunitions)
ii. Conditional – have both civilian and military
utility (food and clothing)
iii. Free list – exempt from the law on contraband
for humanitarian reasons (Medicines)
 Doctrine of Ultimate Consumption – goods
intended for civilian use which may ultimately find
their way to and be consumed by belligerent forces
may be seized on the way.
157
 Doctrine of Infection – innocent goods shipped
with contraband may also be seized
 Doctrine of continuous voyage/continuous
transport – goods reloaded at an intermediate port
on the same vessel or reloaded on another vessel or
other forms of transportation may also be seized 
Doctrine of Ultimate Consumption
 Engaging in Unneutral Services – acts of a more
hostile character than carriage of contraband or
breach of a blockade, undertaken by merchant
vessels of a neutral state in aid of any of the
belligerents.
To prevent its territory and other resources from
being used in the conduct of hostilities
To acquiesce to certain restriction and limitations
which the belligerents may find necessary to
impose:
Blockade – hostile operation where vessels and
aircraft of one belligerent prevent all other vessels
(including neutral states) from leaving or entering
the port or coasts of the other belligerent; Purpose
 shut off the place from international commerce
and communications with other states. (Pacific
Blockade: applies only to vessels of blockaded
stated, not to those of others)
To be valid:
1. blockade must be binding (duly communicated
to neutral states)
2. effective
3. established by competent authority of
belligerent government
4. limited only to the territory of the enemy
5. impartially applied to all states
*LIABILITY OF A NEUTRAL VESSEL TO
CAPTURE FOR BREACH OF THE BLOCKADE
IS CONTINGENT ON ACTUAL OR
PRESUMPTIVE KNOWLEDGE OF THE
BLOCKADE.
Visit and Search to the authority of the prize courts
Belligerent warships and aircraft have the right to
visit and search neutral merchant vessels to
determine whether they are in any way connected
with the hostilities.
Vessels captured for engaging in hostile activities
are considered as prize.
They may not be confiscated summarily but brought
before prize court – a tribunal established by a
belligerent under its own laws; in its territory or
 Nachura Notes – Constitutional Law

territory of its allies; applying international law in

the absence of special municipal legislation.

Termination of Neutrality
(1) Conclusion of a treaty or peace between
belligerents
(2) Neutral state itself joins war

158