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Political and Public International Law Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena

Introduction Table of Contents

I 1987 Philippine Constitution
The Syllabus-based eReviewers of eCodal+Pro is now on its
1987 Philippine Constitution 2 Definition, Nature, and Concepts
4th edition. This passion project started in 2021 while the
author, Atty. RGL, reviewed for the 2020_21 #BestBarEver. Amendment and Revision
Legislative Department 3
The review materials are painstakingly curated to address National Territory
the topics of the current bar syllabi. Know that the aim here Executive Department 3 Separation of Powers, and Checks and
is to be as concise and direct as possible, while making sure Balances
all topics are covered. The materials are not envisioned to be Judicial Department 4
a primary review material as we give deference to the State Immunity
scholarly works of legal luminaries. It is highly advised that Delegation of Powers
Constitutional Commissions 5
the materials are to be treated as supplements to reviewers
as prescribed by law school professors. Fundamental Powers of the State
Bill of Rights 6
Please note as well that the author has no crystal ball and is Police Power
not in the business of predicting what topics will come out
Citizenship 7 Eminent Domain
in the Bar. What the author would like to impart to the
reader is the sense of security and confidence that after Taxation
Law on Public Officers 7
finishing the materials, all topics have been covered.
A Definition, Nature, and Concepts
Lastly, the author wishes to request the reader to be Administrative Law 8
vanguards of the law. If you happen to grab a copy of this A constitution is a system of fundamental laws for the
material without having subscribed to eCodal+Pro, please governance and administration of a nation. It is supreme,
Election Law 8
contact the author at fb.com/ecodalplus, or email him at imperious, absolute and unalterable except by the
ecodalplus@gmail.com. authority from which it emanates.
Local Governments 10
May you have the strength and peace of mind as you take It has been defined as the fundamental and paramount law of
one more step into becoming members of the noblest of all Public International Law 10 the nation. It
professions.
a) prescribes the permanent framework of a system of
Padayon! government,

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 Political and Public International Law
b) assigns to the different departments their respective
powers and duties, and
c) establishes certain fixed principles on which
government is founded.
The fundamental conception in other words is that it is a
supreme law to which all other laws must conform and in
accordance with which all private rights must be
determined and all public authority administered.
The Constitution of the Philippines is
a) Written — whose precepts are embodied in one or a
set of documents;
b) Conventional — enacted, formally struck off at a
definite time and place following a conscious and
deliberate effort taken by a constituent body or
ruler; and
c) Rigid — amended only by a formal and usually
difficult process.
Manila Prince Hotel v. GSIS
re Doctrine of Constitutional Supremacy
Under the doctrine of constitutional supremacy, if a law or
contract violates any norm of the constitution that law or
contract whether promulgated by the legislative or by the
executive branch or entered into by private persons for
private purposes is null and void and without any force
and effect. Thus, since the Constitution is the
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fundamental, paramount and supreme law of the nation,
it is deemed written in every statute and contract.
B Amendment and Revision
§1 Art XVII. Any amendment to, or revision of, this
Constitution may be proposed by:
1. The Congress, upon a vote of three-fourths of all its
Members; or
2. A constitutional convention.
§2. Amendments to this Constitution may likewise be
directly proposed by the people through initiative upon a
petition of
a. at least twelve per centum of the total number of
registered voters,
b. of which every legislative district must be
represented by at least three per centum of the
registered voters therein.
No amendment shall be authorized within five years
following the ratification of this Constitution nor oftener
than once every five years thereafter.
§3. The Congress may,
a. by a vote of two-thirds of all its Members, call a
constitutional convention, OR
Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena
b. by a majority vote of all its Members, submit to the
electorate the question of calling such a convention.
§4. Any amendment to, or revision of, this Constitution
shall be valid when ratified by a majority of the votes
cast in a plebiscite which shall be held not earlier than
sixty days nor later than ninety days
a. after the approval of such amendment or revision;
(Constituent Assembly or Constitutional Convention) OR
b. after the certification by the Comelec of the
sufficiency of the petition. (People’s Initiative)
Lambino v. Comelec
The Initiative Petition Does Not
Comply with Section 2, Article XVII of
the Constitution on Direct Proposal by
the People
The framers of the Constitution intended that the "draft of
the proposed constitutional amendment" should be
"ready and shown" to the people "before" they sign such
proposal.
The Initiative Violates Section 2, Article
XVII Disallowing Revision through
Initiatives
A people's initiative to change the Constitution applies
ONLY to an amendment of the Constitution and NOT to
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Political and Public International Law Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena

other territories over which the Philippines has

its revision. Revision broadly implies a change that 4. continental shelves
sovereignty or jurisdiction,
a. alters a basic principle in the constitution, like that UNCLOS III delimits. UNCLOS III and its ancillary
2) consisting of its terrestrial, fluvial and aerial
altering the principle of separation of powers or baselines laws play no role in the acquisition, enlargement
domains,
the system of checks-and-balances. or, as petitioners claim, diminution of territory. Under
3) including its territorial sea, the seabed, the traditional international law typology, States acquire (or
There is also revision if the change
subsoil, the insular shelves, and other submarine conversely, lose) territory through
b. alters the substantial entirety of the constitution, areas.
as when the change affects substantial provisions 1. occupation,
Archipelagic doctrine of territoriality. — The waters around,
of the constitution. 2. accretion,
between, and connecting the islands of the archipelago,
A two-part test is thus used: the quantitative test and the regardless of their breadth and dimensions, form part of the 3. cession and
qualitative test. The quantitative test examines only the internal waters of the Philippines.
4. prescription,
number of provisions affected and does not consider the
degree of the change. Magallona v. Ermita 2011 En Banc NOT by executing multilateral treaties on the regulations of
sea-use rights or enacting statutes to comply with the
The qualitative test inquires into the qualitative effects of R.A. No. 9522 is a Statutory Tool to
treaty's terms to delimit maritime zones and continental
the proposed change in the constitution. The main inquiry Demarcate the Country's Maritime
Zones and Continental Shelf Under shelves.
is whether the change will "accomplish such far reaching
UNCLOS III, not to Delineate
changes in the nature of our basic governmental plan as to Philippine Territory.
amount to a revision."
UNCLOS III has nothing to do with the acquisition (or Separation of Powers, and Checks
D
loss) of territory. It is a multilateral treaty regulating, and Balances
among others, sea-use rights over maritime zones, i.e.,
National Territory The separation of powers is a fundamental principle in
1. the territorial waters [12 nautical miles from the
C 1987 CONST., art. I; UNCLOS, arts. 1, 3-8, 33, 46-48, our system of government. It obtains not through express
baselines],
50 and 55-58 provision but by actual division in our Constitution.
2. contiguous zone [24 nautical miles from the
Art I. The national territory baselines], Macalintal v. Comelec, et al.

1) comprises the Philippine archipelago, with all 3. exclusive economic zone [200 nautical miles from The principle of separation of powers prevents the
the islands and waters embraced therein, and all the baselines]), and concentration of legislative, executive, and judicial

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Political and Public International Law
powers to a single branch of government by deftly
allocating their exercise to the three branches of
government.
It is now beyond debate that the principle of separation of
powers
1) allows the “blending” of some of the executive,
legislative, or judicial powers in one body;
2) does not prevent one branch of government from
inquiring into the affairs of the other branches to
maintain the balance of power;
3) but ensures that there is no encroachment on
matters within the exclusive jurisdiction of the
other branches.
In Re Production of Court Records 2012 En Banc
The doctrine of separation of powers inures not by
express provision of the Constitution, but as an
underlying principle that constitutes the bedrock of our
system of checks and balances in government. It divides
the government into three branches, each with
well-defined powers. In its most basic concept, the
doctrine declares that the legislature enacts the law, the
executive implements it, and the judiciary interprets it.
Each branch is considered separate, co-equal, coordinate
and supreme within its own sphere, under the legal and
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political reality of one overarching Constitution that
governs one government and one nation for whose
benefit all the three separate branches must act with
unity.
A lesser known but no less important aspect of the
principle of separation of powers is the principle of
comity or the practice of voluntarily observing
inter-departmental courtesy in undertaking their
assigned constitutional duties for the harmonious
working of government.
Macalintal v. Comelec, et al.
For its part, this Court checks the exercise of power of the
other branches of government through judicial review.
Since then, the Court has used its expanded power to
check acts of the House of Representatives, the President,
and even of independent bodies such as the Electoral
Tribunal, the Comelec, and the CSC.
Congress checks the other branches of government
primarily through its law making powers. Congress can
create administrative agencies, define their powers and
duties, fix the terms of officers and their compensation. It
can also create courts, define their jurisdiction and
reorganize the judiciary so long as it does not undermine
the security of tenure of its members. Concomitant with
its principal power to legislate is the auxiliary power to
Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena
ensure that the laws it enacts are faithfully executed.
State Immunity
E
P.D. No. 1445
§3 Art XVI. The State may NOT be sued without
its consent.
Arigo v. Swift 2014 En Banc
While the doctrine appears to prohibit only suits against
the state without its consent, it is also applicable to
complaints filed against officials of the state for acts
allegedly performed by them in the discharge of their
duties.
The rule is that if the judgment against such officials will
require the state itself to perform an affirmative act to
satisfy the same, such as the appropriation of the amount
needed to pay the damages awarded against them, the suit
must be regarded as against the state itself although it has
not been formally impleaded.
This traditional rule has evolved into a restrictive doctrine
which distinguishes
a) sovereign and governmental acts (jure imperii)
from
b) private, commercial and proprietary acts (jure
Page 5 of 19
Political and Public International Law
gestionis).
Under the restrictive rule of state immunity, state
immunity extends only to acts jure imperii. The restrictive
application of State immunity is proper only when the
proceedings arise out of commercial transactions of the
foreign sovereign, its commercial activities or economic
affairs.
The doctrine of immunity from suit will not apply and may
not be invoked where the public official is being sued in
his private and personal capacity as an ordinary citizen.
In this case, the US respondents were sued in their official
capacity as commanding officers of the US Navy. The suit is
deemed to be one against the US itself. The principle of State
immunity thus applies.
Exceptions
1) Where a suit is filed NOT against the government
itself or its officials but against one of its entities, it
must be ascertained whether or not the State has
given its consent to be sued.
2) This ascertainment will depend in the first instance
on WON the agency impleaded is incorporated or
unincorporated.
3) An incorporated agency has a charter of its own that
invests it with a separate juridical personality. The
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test of suability lies in its charter — It is suable if its
charter says so; regardless of the nature of the
functions it is performing.
4) Unincorporated agencies have no separate juridical
personality as they are merged in the general
machinery of the government.
a. A suit against it is necessarily against the
State.
b. Suability then depends on the nature of the
function it is performing either
governmental or proprietary.
5) Suability vs. Liability. — Waiver of immunity by the
State does not mean concession of its liability.
a. Suability is the result of the express or
implied consent of the State to be sued.
b. Liability is determined after hearing on the
basis of relevant laws and established facts.
Philippine Textile Research Institute v. CA 2019
PTRI, et al. are not immune from suit. Being an
unincorporated government agency that exercises a
governmental function, ordinarily, the PTRI enjoys
immunity from suit.
The State may be sued with its consent. The State's
consent to be sued may be given either expressly or
impliedly. Express consent may be made through a
Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena
general law or a special law. The general law waiving the
immunity of the state from suit is found in Act No. 3083,
where the Philippine government 'consents and submits
to be sued upon any money claim involving liability arising
from contract, express or implied, which could serve as a
basis of civil action between private parties.
PTRI entered into a Contract of Works with B.A. Ramirez.
PTRI is being sued upon a claim involving liability arising
from a contract. Hence, the general law on the waiver of
immunity from suit finds application.
Furthermore, there is implied consent on the part of the
State to be subjected to suit when the State enters into a
contract. However, distinction must still be made between
one which is executed in the exercise of its sovereign
functions and another which is done in its proprietary
capacity.
BPI v. Central Bank of the Philippines 2020
CBP is NOT immune to suit although it performs
governmental functions.
1. A state may not be sued without its consent.
However, state immunity may be waived expressly
or impliedly.
1.1. Express consent may be embodied in a
general or special law.
Page 6 of 19
Political and Public International Law
1.2. Consent is implied when the state enters
into a contract or it itself commences
litigation.
2. In the case of government agencies, the question
of its suability depends on whether it is
incorporated or unincorporated.
2.1. An incorporated agency has a Charter of its
own with a separate juridical personality
while an unincorporated agency has none.
3. The CBP is a government corporation with
separate juridical personality and not a mere
agency of the government.
3.1. Sections 1 and 4 of RA 265, as amended,
provided for the creation of the CBP, a
corporate body with certain corporate
powers which include the authority to sue
and be sued.
3.2. The function of the CBP as the central
monetary authority is a purely
governmental function.
4. While the CBP performed a governmental function
in providing clearing house facilities, it is not
immune from suit as its Charter, by express
provision, waived its immunity from suit.
4.1. However, it did not necessarily mean that it
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Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena
conceded its liability. caused to BPI by reason of Valentino and Estacio's
unlawful acts.
CBP is not liable for the acts of its employees because
Valentino and Estacio were not "special agents". 11. Even on the assumption that CBP is performing
proprietary functions, still, it cannot be held liable
5. The State in the performance of its governmental
because Valentino and Estacio acted beyond the
functions is liable only for the tortious acts of its
scope of their duties.
special agents.
12. Article 2180 of the Civil Code provides that an
5.1. On the other hand, the State becomes liable
employer shall be liable for the damages caused by
as an ordinary employer when performing
their employees acting within the scope of their
its proprietary functions.
assigned tasks.
6. Here, CBP's establishment of clearing house
13. Valentino and Estacio's fraudulent acts of
facilities for its member banks to which Valentino
tampering with and pilfering of documents are not
and Estacio were assigned as Bookkeeper and
in furtherance of CBP's interests nor done for its
Janitor-Messenger, respectively, is a governmental
account as the said acts were unauthorized and
function.
unlawful.
7. As such, the State or CBP in this case, is liable only
14. Thus, where a public officer acts without or in
for the torts committed by its employee when the
excess of jurisdiction, any injury or damage caused
latter acts as a special agent but not when the said
by such acts is his or her own personal liability and
employee or official performs his or her functions
cannot be imputed to the State.
that naturally pertain to his or her office.
8. A special agent is defined as one who receives a
definite and fixed order or commission, foreign to
F Delegation of Powers
the exercise of the duties of his office.
9. Evidently, both Valentino and Estacio are not The rule is that what has been delegated, cannot be
considered as special agents of CBP. delegated or as expressed in a Latin maxim—potestas
delegata non delegari potest. The recognized exceptions to
10. Thus, CBP cannot be held liable for any damage the rule are delegation:
Page 7 of 19
 Political and Public International Law
1) Of tariff powers to the President under Sec 28(2) Art
VI;
2) Of emergency powers to the President under Sec
23(2) Art VI;
3) To the people at large;
4) To local governments; and
5) To administrative bodies.
In every case of permissible delegation, there must be a
showing that the delegation itself is valid. It is valid only if
the law
a) is complete in itself, setting forth therein the
policy to be executed, carried out, or implemented
by the delegate; and
b) fixes a standard — the limits of which are
sufficiently determinate and determinable — to
which the delegate must conform in the
performance of his functions.
A sufficient standard is one which defines legislative
policy, marks its limits, maps out its boundaries and
specifies the public agency to apply it. It indicates the
circumstances under which the legislative command is to be
effected.
Provincial Bus Operators Association of the Philippines v.
DOLE 2018 En Banc
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Our governmental structure rests on the principle of
separation of powers. In reality, however, the powers are
not as strictly confined or delineated to each branch. The
growing complexity of modern life, the multiplication of
the subjects of governmental regulation, and the
increased difficulty of administering the laws require the
delegation of powers traditionally belonging to the
legislative to administrative agencies.
Kilusang Mayo Uno v. Aquino III 2019 En Banc
All that is required for the valid exercise of this power of
subordinate legislation is that
1) the regulation must be germane to the objects and
purposes of the law; and
2) that the regulation be not in contradiction to, but
in conformity with, the standards prescribed by
the law.
The Social Security Act has validly delegated the power to
fix the contribution rate and the minimum and maximum
amounts for the monthly salary credits. It is within the
scope of the Social Security Commission's power to fix
them, as clearly laid out in the law.
Sobrejuanite-Flores v. Pilando, Jr. 2021 En Banc
Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena
RA No. 10029 or the Philippine Psychology Act of 2009
satisfied the completeness test and standard test which
renders valid the delegation of legislative powers.
The completion of at least 100 hours of updating
workshops and training programs under Section 16(c) of
the IRR of RA No. 10029 can hardly be considered
oppressive, The same emanates from the valid exercise of
police power to prescribe regulations that may interfere
with personal liberty or property to promote the general
welfare of the people.
SEC v. 1Accountants Party-List 2022 En Banc
While the SEC may regulate corporations as well as the
securities market, such regulation does not extend to an
authority to restrict, even in the slightest degree, the
practice of accountancy.
The power to supervise the accounting profession and to
impose regulations on CPAs is exclusively delegated to the
Professional Regulatory Board of Accountancy.
SEC argues that it executed a MOA with the Board which
allows for such accreditation with the SEC. Delegata
potestas non potest delegari—what has been delegated by
Congress can no longer be further delegated or
redelegated by the original delegate to another.
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 Political and Public International Law Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena

2) Not only necessary but indispensable. The State Eminent

Having been reposed by law exclusively with the Board, it Police Power Taxation
cannot continue or be effective unless it is able to Domain
has no choice but to exercise the same as mandated by law,
i.e., as a collegial body, and not transfer it elsewhere or exercise them. welfare
discharge said power through the intervening mind of 3) Methods by which the State interferes with private
Concept, Application, and Limitations (1987 CONST., art.
another. rights.
III, sec. 9; art. VI, sec. 28; art. XIV, sec. 4(3))
A private agreement such as the MOA cannot operate to 4) Presuppose an equivalent compensation for the
validate a transgression of a provision of law. Thus, the private rights interfered with. 1 Police Power
MOA is void.
5) Exercised primarily by the legislature.
1. Power of promoting the public welfare by
restraining and regulating the use of liberty and
Eminent
Police Power Taxation property.
G Fundamental Powers of the State Domain
2. In a positive sense, it is the power to prescribe
In a nutshell Regulates Both liberty Only property rights
regulations to promote the health, morals, peace,
and property
1) Police Power. — regulates liberty and property for education, good order or safety, and general welfare
the promotion of the general welfare. Exercised Government Government Government of the people.
2) Eminent Domain. — enables the State to forcibly by and private In negative terms, it is that inherent and plenary
acquire property, upon payment of just Property Destroyed Intended for public use or power in the State which enables it to prohibit all
compensation, for some intended public use. taken because it is purpose and is therefore things hurtful to the comfort, safety and welfare of
society. (Agustin v. Edu)
3) Taxation. — is the ability to demand from the noxious wholesome
members of society their proportionate share or 3. The most essential, insistent and the least limitable
contribution in the maintenance of the government. Compense Intangible A full and fair equivalent of of powers, extending as it does “to all the great
altruistic the property expropriated public needs.”
Similarities feeling that or protection and public
1) Inherent in the State and may be exercised without he has improvements for the taxes 4. May not be bargained away through the medium of
express constitutional grant. contributed paid contract or even a treaty. The impairment clause
to the must yield to the police power whenever the contract
general deals with a subject affecting the public welfare.

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Political and Public International Law
5. May sometimes use the taxing power as an
implement for the attainment of a legitimate police
objective.
a. In Lutz v. Araneta, the SC sustained as a
legitimate exercise of the police power the
imposition of a special tax on sugar producers
for the purpose of creating a special fund to be
used for the rehabilitation of the sugar industry.
b. In Gerochi v. DOE, the Universal Charge was
considered as an exaction in the exercise of the
State’s police power, imposed to ensure the
viability of the country’s electric power industry.
6. Power of eminent domain could also be used as an
implement.
7. When the conditions so demand as determined by
the legislature, property rights must bow to the
primacy of police power because property rights,
though sheltered by due process, must yield to
general welfare. (Carlos Superdrug v. DSWD)
Exercise
1. Lodged primarily in the national legislature.
2. By virtue of valid delegation, may be exercised by:
a. The President;
b. Administrative boards;
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c. Lawmaking bodies on all municipal levels,
including the barangay.
3. Quasi-legislative power — authority delegated by
the lawmaking body to the administrative body to
adopt rules and regulations intended to carry out
the provisions of the law and implement legislative
policy.
4. Municipal governments exercise quasi-legislative
powers under the general welfare clause, Sec 16, LGC.
5. No mandamus is available to coerce the exercise of
police power.
6. The question of validity of legislation as determined
by the criterion of their conformity to the
Constitution is justiciable.
Evasco, Jr. v. Montañez 2018
Ordinance No. 092-2000, which regulates the
construction and installation of building and other
structures such as billboards within Davao City, is an
exercise of police power. This direct and specific grant
takes precedence over requirements set forth in another law
of general application, in this case the National Building
Code.
Even if the National Building Code imposes minimum
requirements as to the construction and regulation of
billboards, the city government may impose stricter
Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena
limitations because its police power to do so originates
from its charter and not from the National Building
Code.
City of Cagayan De Oro v. Cagayan Electric Power & Light
2018
The purpose of an imposition will determine its nature as
either a tax or a fee. If the purpose is primarily revenue,
or if revenue is at least one of the real and substantial
purposes, then the exaction is properly classified as an
exercise of the power to tax. On the other hand, if the
purpose is primarily to regulate, then it is deemed an
exercise of police power in the form of a fee, even though
revenue is incidentally generated. In other words, if
generation of revenue is the primary purpose, the
imposition is a tax but, if regulation is the primary
purpose, the imposition is properly categorized as a
regulatory fee.
Tests
1) Rational Basis Test. —
a) Applied mainly in analysis of equal protection
challenges;
b) Laws and ordinances are upheld if they
rationally further a legitimate governmental
interest. Under intermediate review,
Page 10 of 19
Political and Public International Law
governmental interest is extensively examined
and the availability of less restrictive measures is
considered.
c) Two requisites must concur:
i) The interests of the public generally, as
distinguished from those of a particular
class, require its exercise; and
ii) The means employed are reasonably
necessary for the accomplishment of the
purpose and not unduly oppressive upon
individuals.
2) Strict Scrutiny Test. — Focus is on the presence of
compelling, rather than substantial, government
interest and on the absence of less restrictive means
for achieving that interest.
Lawful Subject
1. Subject of the measure is within the scope of police
power, i.e. the activity or property sought to be
regulated affects the public welfare.
2. In Taxicab Operators of Metro Manila v. Board of
Transportation, an administrative regulation phasing
out taxicabs more than six years old was held a valid
police measure to protect the riding public and
promote their comfort and convenience.
3. In Velasco v. Villegas, an ordinance prohibiting barber
shop operators from rendering massage services in
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Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena
a separate room was likewise sustained, to prevent
9. In Del Rosario v. Bengzon, the Generics Act was
immorality and enable the authorities to properly sustained to “promote and require the use of
assess license fees. generic drug products that are therapeutically
4. In Bautista v. Junio, to conserve energy, prohibition equivalent to their brand-name counterparts.”
of heavy and extra-heavy vehicles from using public
10. In Telecommunications and Broadcast Attorneys of the
streets on weekends and legal holidays was Philippines v. COMELEC, Sec 92 of BP Blg 881
sustained. requiring radio and television stations to give free
5. In Tio v. Videogram Regulatory Board, the creation of airtime to respondent for broadcasting information
the VRB was sustained “to answer the need for regarding the candidates in the 1998 elections was
regulating the video industry, particularly because validated.
of the rampant film piracy, the flagrant violation of
11. In Social Justice Society v. Atienza, a zoning ordinance
intellectual property rights, and the proliferation of of the City of Manila reclassifying “certain areas of
pornographic video tapes.”
the city from industrial to commercial” was upheld
6. In the landmark case of Lozano v. Martinez, the SC by the SC citing its implementation for the
upheld the validity of BP 22 as it preserves the protection and benefit of the residents.
integrity of the banking system by preventing
12. In Ople v. Torres, an administrative order establishing
worthless checks from flooding the system. the National Computerized Identification Reference
7. In Department of Education v. San Diego, a regulation System for the expressed purpose of facilitating
disqualifying any person who has failed the NMAT transactions with the government, particularly those
three times from taking it again was reinstated by providing basic services and social security benefits
the SC as the measure was intended to protect the was struck down as an invasion of people’s privacy.
patients.
13. However, in Kilusang Mayo Uno v. Director General,
8. In Sangalang v. IAC, the SC sustained the opening of NEDA, the Court upheld EO 420 prescribing for all
two erstwhile private roads due to the demands of government agencies and GOCCs a “uniform data
the common good, namely, traffic decongestion and collection and format for their existing ID systems”
public convenience. for their respective employees.
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Political and Public International Law Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena

safeguards embodied in the Bill of Rights for the

Lawful Means d. In OSG v. Ayala Land, Inc., the SC rejected
petitioner’s contention that malls, inasmuch as protection of private rights.
1. Both ends and means must be legitimate.
they are required by the National Building Code
Otherwise, the police measure shall be struck down
to provide parking spaces for their customers,
2 Eminent Domain
as an arbitrary intrusion into private rights.
should provide such for free.
2. There should be reasonable relation between the
Necessity of Exercise
means and the end. 3. The SC has invariably applied certain standards for 1. Essentially political in nature when exercised by the
judicial review: legislature.
a. In Ynot v. IAC, an EO prohibiting the transport of
carabaos and carabeef across provincial Laws dealing with the freedom of the 2. In cases of delegated authority, the judiciary has
boundaries without government clearance, was Strict scrutiny mind or restricting the political assumed the power to inquire whether the authority
invalidated as the purpose of indiscriminate process. conferred has been correctly or properly exercised.
slaughter was not satisfactorily met by the This involves looking into the necessity of the
means employed. Rational basis expropriation.
Review of economic legislation
standard
b. A law limiting the capacity of common carriers, Stages
or of theaters as in the case of People v. Chan, is Heightened or 1. Determination of the validity of the expropriation.
Evaluating classifications based on
valid as this would be a reasonable method for immediate Necessity of an expropriation is a justiciable
gender and legitimacy
promoting the comfort, convenience and safety scrutiny question.
of the customers.
Overbreadth A statute needlessly restrains even 2. Determination of just compensation.
c. In City Government of QC v. Ericta, in invalidating
doctrine constitutionally guaranteed rights
an ordinance, the SC said “there is no reasonable Private Property
relation between the setting aside of at least 6% Void-for-vaguene A penal statute encroaches upon the 1. Anything that can come under the dominion of man,
of the total area of private cemeteries for charity ss doctrine freedom of speech. including: (1) real and personal, (2) tangible and
burial grounds of deceased paupers and the intangible properties. Except money and choses in
promotion of health, morals, good order, safety, 4. In fine, the means employed for the accomplishment action.
or the general welfare of the people. The of the police objective must pass the test of
2. Property already devoted to public use is still subject
ordinance is actually a taking without just reasonableness and, specifically, conform to the
to expropriation, provided this is done (1) directly
compensation.”

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Political and Public International Law
by the legislature, or (2) under a specific grant of
authority to the delegate.
3. In NHA v. DARAB, land, whether tenanted or not,
acquired by the NHA for its housing and
resettlement programs are exempt from land reform
under PD 1472.
4. Services are considered embraced in the concept of
property.
a. In Republic v. PLDT, the SC upheld the right of
the Bureau of Telecommunications to demand
the interconnection between the Government
Telephone System and PLDT, so that the former
could make use of the lines and facilities of
PLDT.
b. Similarly, in PLDT v. NTC, the petitioner was
required to interconnect with a private
telecommunications company.
PNOC Alternative Fuels v. NGCP 2019
Republic v. East Silverlane Realty Development Corp. held
that when the subject property is classified by the
government as an industrial zone, the subject property
therein had been declared patrimonial. Further, it is
apparent from R.A. No. 10516 and its IRR that the
industrial estate is being owned, managed, and operated
by the State, not in its sovereign capacity, but rather in its
private capacity. It is apparent from P.D. No. 949, as
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amended by R.A. No. 10516, that the Petrochemical
Industrial Park is intended and accordingly devoted by
law as a commercial and business venture.
Thus, NGCP has the authority under Section 4 of R.A. No.
9511 to expropriate the subject property.
Taking
1. May include trespass without actual eviction of the
owner, material impairment of the value of the
property or prevention of the ordinary uses for
which the property was intended.
a. In Ayala de Roxas v. City of Manila, the imposition
of an easement over a 3-meter strip of the
plaintiff’s property could not be legally done
without payment of just compensation.
b. In People v. Fajardo, a municipal ordinance
prohibiting construction of any building that
would destroy the view of the plaza from the
highway was considered a taking under the
power of eminent domain.
c. The right-of-way easement, resulting in the
restriction or limitation on property rights over
the land traversed by transmission lines is also
an exercise of expropriation, as in NPC v.
Aguirre-Paderanga.
d. In NPC v. Ileto, the prohibition imposed by the
transmission lines, i.e. construction of any
Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena
improvements or planting of any trees that
exceed 3 meters within the aerial right of way,
clearly interferes with the landowners’ right to
possess and enjoy their properties.
2. Not every taking is compensable, as it may be
justified under the police power.
a. Thus, losses sustained are in the nature of
damnum absque injuria.
b. This rule is only valid as long as the prejudice
suffered by an individual is shared in common
with the rest as was illustrated in Richards v.
Washington Terminal.
3. Compensable taking includes destruction, restriction,
diminution, or interruption of the rights of ownership
or of the common and necessary use and enjoyment
of the property in a lawful manner, lessening or
destroying its value.
4. Requisites of Taking in Eminent Domain (according
to Republic v. Castellvi)
a. The expropriator must enter a private property;
b. The entry must be for more than a momentary
period;
c. The entry must be under warrant or color of
legal authority;
d. The property must be devoted to public use or
otherwise informally appropriated or injuriously
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Political and Public International Law
affected;
e. The utilization of the property for public use
must be in such a way as to oust the owner and
deprive him of beneficial enjoyment of the
property.
National Transmission Corp. v. Sps Taglao 2020
True, an easement of a right of way transmits no rights
except the easement itself, and the respondents would
retain full ownership of the property taken. Nonetheless,
the acquisition of such easement is not gratis. The
limitations on the use of the property taken for an
indefinite period would deprive its owner of the normal
use thereof.
NPC v. Sps Aoque citing NPC v. Tiangco held that if the
easement is intended to perpetually or indefinitely
deprive the owner of his proprietary rights, then the
owner should be compensated for the monetary
equivalent of the land.
In this case, considering that the installation of the power
lines would definitely deprive Spouses Taglao of the
normal use of their property, they are entitled to the
payment of a just compensation.
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exercise of the power of eminent domain has become
Public use
improper for lack of the required factual justification.
1. Any use directly available to the general public as a
matter of right and not merely of forbearance or
accommodation.
2. There will also be public use involved even if the
expropriated property is not actually acquired by the
government but is merely devoted to public services
administered by privately-owned public utilities
such as telephone or light companies.
3. Important thing is that any member of the general
public can demand, for free or for a fee, the right to
use the converted property for his direct and
personal convenience.
4. Broadened to include those that will redound to the
indirect advantage or benefit of the public.
MCIAA v. Lozada, et al. 2010 En Banc
We now expressly hold that the taking of private property,
consequent to the Government's exercise of its power of
eminent domain, is always subject to the condition that
the property be devoted to the specific public purpose for
which it was taken. Corollarily, if this particular purpose or
intent is not initiated or not at all pursued, and is peremptorily
abandoned, then the former owners, if they so desire, may seek
the reversion of the property, subject to the return of the
amount of just compensation received. In such a case, the
Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena
Remedy of Dispossessed Owner
1. Owner’s failure to question for a long period of time
the government’s failure to institute expropriation
proceedings constitutes a waiver of his right to
regain possession of his property. His only remedy is
an action for payment of just compensation and
may not sue for ejectment.
2. Amount to be Deposited
a. Rule 67 — an amount equivalent to the full
assessed value of the property in order for the
court to issue a writ of possession;
b. If the expropriator is an LGU, the amount to be
deposited is only 15% of the assessed value of the
property.
c. In RA 8974, if the purpose of the expropriation is
to implement a national government
infrastructure project, what needs to be done is
not a deposit but payment of BIR Zonal
valuation of the property. This amount
deposited or paid is NOT the just compensation.
3. In NPC v. Pobre, the expropriator is not allowed to
unilaterally withdraw because damages may have
already been caused to the property.
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Political and Public International Law
NTC v. Bermuda Development 2019
A case filed by a landowner for recovery of possession or
ejectment against a public utility corporation, which has
occupied the land belonging to the former without prior
acquisition of title thereto by negotiated purchase or
expropriation proceedings, will not prosper.
The proper recourse is for the ejectment court:
1) to dismiss the case without prejudice to the
landowner filing the proper action for recovery of
just compensation and consequential damages; or
2) to dismiss the case and direct the public utility
corporation to institute the proper expropriation or
condemnation proceedings and to pay the just
compensation and consequential damages
assessed therein; or
3) to continue with the case as if it were an expropriation
case and determine the just compensation and
consequential damages pursuant to Rule 67, if the
ejectment court has jurisdiction over the value of
the subject land.
Distinguished from police power
Agan, Jr. v. PIATCO
Sec 17 Art XII pertains to the right of the State in times of
national emergency, and in the exercise of its police
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power, to temporarily take over the operation of any
business affected with public interest.
The term "national emergency" was defined to include
threat from external aggression, calamities or national
disasters, but not strikes "unless it is of such proportion that
would paralyze government service." The temporary takeover
by the government extends only to the operation of the
business and not to the ownership thereof. As such the
government is not required to compensate the private
entity-owner of the said business as there is no transfer of
ownership. The private entity-owner affected cannot,
likewise, claim just compensation as the temporary
takeover by the government is in exercise of its police
power and not of its power of eminent domain.
Thus, requiring the government to pay reasonable
compensation for the reasonable use of the property
pursuant to the operation of the business contravenes the
Constitution.
Manila Memorial Park v. Secretary of the DSWD
2013 En Banc
In the exercise of police power, xxxx examples of these
regulations are
1) property condemned for being noxious or
intended for noxious purposes;
2) zoning ordinances prohibiting the use of property
Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena
for purposes injurious to the health, morals or
safety of the community.
On the other hand, in the exercise of the power of eminent
domain, it is a settled rule that the acquisition of title or
total destruction of the property is not essential for
“taking” under the power of eminent domain to be
present. Examples of these include
1) establishment of easements such as where the
landowner is perpetually deprived of his
proprietary rights because of the hazards posed by
electric transmission lines constructed above his
property or
2) the compelled interconnection of the telephone
system between the government and a private
company.
People v. Fajardo
A regulation which substantially deprives an owner of all
beneficial use of his property is confiscation and is a
deprivation.
Drugstore Association v. National Council on Disability
Affairs 2016
The PWD mandatory discount on the purchase of
Page 15 of 19
 Political and Public International Law
medicine is supported by a valid objective or purpose. It
has a valid subject considering that the concept of public
use is no longer confined to the traditional notion of use
by the public, but held synonymous with public interest,
public benefit, public welfare, and public convenience.
As in the case of senior citizens, the discount privilege to
which the PWDs are entitled is actually a benefit enjoyed
by the general public to which these citizens belong. The
means employed in invoking the active participation of
the private sector, in order to achieve the purpose or
objective of the law, is reasonably and directly related.
Also, the means employed to provide a fair, just and
quality health care to PWDs are reasonably related to its
accomplishment, and are not oppressive, considering that
as a form of reimbursement, the discount extended to
PWDs in the purchase of medicine can be claimed by the
establishments as allowable tax deductions.
3 Taxation
1. Taxes are the enforced proportional contributions from
persons and property, levied by the State by virtue of its
sovereignty, for the support of government and for all
public needs.
2. Obligation to pay taxes is not based on contract.
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3. Except only in the case of poll taxes (Sec 20 Art III),
nonpayment of a tax may be the subject of criminal
prosecution and punishment.
4. Taxes are the nation’s lifeblood through which
government agencies continue to operate and with
which the State discharges its functions for the welfare
of its constituents.
5. Taxes = levied to raise revenues; Licenses = imposed for
regulatory purpose.
6. Imposition of a vehicle registration fee is not an exercise
of police power, but of taxation, as its main purpose is
to raise funds for the construction and maintenance of
highways.
7. On the other hand, the Universal Charge is not a tax as
its primary purpose is to ensure the viability of the
country’s electric power industry.
➔ In Angeles University Foundation v. City of Angeles, SC
held that the payment of building permit fee is a
regulatory imposition, and not a charge on property,
and is therefore not an imposition from which
petitioner is exempt.
Purposes
1) Revenue. — The purpose of taxation is to provide funds
or property with which the State promotes the general
welfare and protection of its citizens. Raising the
revenues is the principal object of taxation.
Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena
2) Non-Revenue
a) Regulation. — Taxes may also be imposed for a
regulatory purpose as for example, in the
promotion, rehabilitation, and stabilization of
industry which is affected with public interest.
b) Promotion of General Welfare. — If objectives and
methods are alike constitutionally valid, no reason is
seen why the state may not levy taxes to raise funds
for their prosecution and attainment. Taxation may
be made to implement the state’s police power.
c) Reduction of Social Inequality. — made possible
through progressive system of taxation where the
objective is to prevent the undue concentration of
wealth in the hands of few individuals (that is why,
the bigger the income of the person, the bigger the
income tax).
d) Promote Economic Growth. — in the realm of tax
exemptions and tax reliefs, the purpose of taxation
(the power to tax being the power also not to tax) is
to grant incentives or exemptions in order to
encourage investments and thereby promote the
country’s economic growth.
e) Protectionism. — in some important sectors of the
economy, taxes sometimes provide protection to
local industries like protective tariff and customs
duties.
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 Political and Public International Law Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena

Characteristics ★ SECTION 28. (2) The Congress may, by law, Equal Protection and Taxation
authorize the President to fix within specified
1) Inherent. — the power to tax, an inherent prerogative, 1. Sec 28(1) Art VI, the rule of taxation shall be uniform
limits, and subject to such limitations and
has to be availed of to assure the performance of vital and equitable. The Congress shall evolve a progressive
restrictions as it may impose, tariff rates, import
state functions. system of taxation.
and export quotas, tonnage and wharfage dues, and
2) Legislative. — taxing power is peculiarly and exclusively other duties or imposts within the framework of the 2. Uniformity does not forfend classification as long as:
legislative in character and remains undiminished in national development program of the Government. a) The standards that are used therefor are substantial
the legislative in character. and not arbitrary;
3. Pursuant to direct authority conferred by Sec 5 Art X of
3) Constitutionally limited. — the power to tax is an the Constitution, local legislative bodies may also b) The categorization is germane to achieve the
attribute of sovereignty. It is the strongest of all the exercise the power of taxation. legislative purpose;
powers of the government. The Constitution sets forth
4. GR: There must be a law granting an LGU to lawfully c) The law applies, all things being equal, to both
such limits.
impose a tax. Not applicable where what is involved is present and future conditions; and
Two opposing views, but equally correct the regulatory power of the LGU which is expressly
d) The classification applies equally well to all those
accompanied by the taxing power.
Taxation as including the Taxation as not including belonging to the same class.
power to destroy the power to destroy Due Process and Taxation 3. Equitable taxation connotes that taxes should be
1. Taxes should not be confiscatory, except when they are apportioned among the people according to their
Proferred by Chief Justice Refuted later by Justice intended as an implement of police power. capacity to pay.
John Marshall of the US SC Holmes
2. Due process does not require previous notice and Double Taxation
If taxation is used as If taxation is used solely for hearing before a law prescribing fixed or specific taxes
1. Not constitutionally prohibited.
implement of police power raising revenues on certain articles may be enacted.
2. Occurs when additional taxes are laid on the same
3. Where the tax to be collected is based on the value of the
subject by the same taxing jurisdiction during the same
Exercise taxable property, the taxpayer is entitled to be notified
taxing period and for the same purpose.
1. Inherent in the State, primarily vested in the of the assessment proceedings and to be heard therein
Legislature. on the correct valuation. 3. Despite the lack of prohibition, it will not be allowed if it
violates the equal protection clause. (Sec 1 Art III)
2. May be delegated to the President pursuant to Sec 28(2)
Art VI of the Constitution.

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 Political and Public International Law
Public Purpose
1. Revenues received from the imposition of taxes or levies
cannot be used for purely private purposes or for the
exclusive benefit of private persons.
➔ In Planters Products Inc v. Fertiphil Corporation, the
Court declared that a tax levy on the sale of
fertilizers for purposes of benefiting a private
corporation, Philippine Planters Inc., is invalid. It
may not be justified even as a valid exercise of police
power.
Tax Exemptions
1. Construed strongly against the claimant.
2. Sec 28(3) Art VI. Charitable institutions, churches and
parsonages or convents appurtenant thereto, mosques,
non-profit cemeteries, and all lands, buildings, and
improvements, actually, directly, and exclusively used
for religious, charitable, or educational purposes shall
be exempt from taxation.
➔ However, in Lladoc v. Commissioner of Internal Revenue,
a donation of P10K for the construction of a church
was subject to donee’s tax as it was not an ad valorem
tax on the church but an excise tax imposed on the
priest for the exercise of the privilege to accept the
donation.
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➔ In Lung Center of the Philippines v. Quezon City, those
portions leased to private properties and individuals
are not exempt from real property taxes.
3. Sec 4(3) Art XIV. All revenues and assets of non-stock,
non-profit educational institutions used actually,
directly, and exclusively for educational purposes shall
be exempt from taxes and duties. xxxx
4. Sec 4(4) Art XIV. Subject to conditions prescribed by
law, all grants, endowments, donations, or
contributions used actually, directly, and exclusively for
educational purposes shall be exempt from tax.
5. Statutory exemptions are granted at the discretion of
the legislature. However, as provided in Sec 28(4) Art VI,
no law granting any tax exemption shall be passed
without the concurrence of a majority of all the
Members of the Congress.
6. Where a tax exemption was granted gratuitously, the
same may be validly revoked at will, with or without
cause.
7. If the exemption is granted for valuable consideration,
it is deemed to partake of a contract and obligation
thereof is protected against impairment. Sec 10 Art III.
➔ In Casanova v. Hord, the Spanish Government, in
exchange for certain obligations assumed by the
plaintiff, decreed to him certain mines in
Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena
accordance with a Royal Decree, which inter alia
imposed a number of taxes.
➔ In PAGCOR v. BIR, SC rejected petitioner’s assertion
that the removal of its statutory exemption from the
payment of corporate income tax is violative of the
equal protection and non-impairment clauses.
8. Sec 11 Art XII. xxxx Neither shall any such franchise or
right be granted except under the condition that it shall
be subject to amendment, alteration, or repeal by the
Congress when the common good so requires.
➔ In MERALCO v. Province of Laguna, the Court held
that a franchise partakes the nature of a grant,
which is beyond the purview of the non-impairment
clause.
Other Constitutional Limitations
Sec 29 Art VI.
1) No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
2) No public money or property shall be appropriated,
applied, paid, or employed, directly or indirectly, for
the use, benefit, or support of any sect, church,
denomination, sectarian institution, or system of
religion, or of any priest, preacher, minister, or
other religious teacher, or dignitary as such, except
when such priest, preacher, minister, or dignitary is
assigned to the armed forces, or to any penal
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Political and Public International Law Syllabus-based Reviewer for the 2024 Bar by Atty. Rehne Gibb N. Larena

institution, or government orphanage or

leprosarium.
3) All money collected on any tax levied for a special
purpose shall be treated as a special fund and paid
out for such purpose only. If the purpose for which a
special fund was created has been fulfilled or
abandoned, the balance, if any, shall be transferred
to the general funds of the Government.

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