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CONSTITUTIONAL LAW 2 Due Process in General Instances when Due Process was deprived: Pre-evaluation cancellation of the licenses of harbor pilots. Survivorship pension where the surviving spouse was deprived to show evidence that the marriage was not procured for nancial purposes. The judge based his decision not on the case records and testimonial evidence. The judge who made the decision in the trial court should not decide on the appeal of the same case. Instances when Due Process was not deprived: Limiting the highway access of people who use motorcycles. Revocation of license to carry rearms outside the residence. The Justice accepted assistance from his subordinates in making a decision. Procedural Due Process There is a violation of Procedural Due Process on the following instances: Mrs. Marcos opened a contested bank account without Central Bank authorization, the judge dismissed the case without hearing the prosecution. The accused pleaded not guilty and without hearing, the court convicted him. A summary hearing was held to substitute for a full blown trial in a criminal case.

Cases involving Interest

Protection

of

Public

Points to remember: When there is a denial of due process, the decision of the court is void. Due process includes the right to crossexamine whether in civil or criminal cases. General Rule: Due process does not include the right to appeal. Exception: There is a law granting such right. But you can only use the exception if you follow the conditions imposed by said law. General Rule: The client is bound by the act of ones lawyer. Exception: The lawyer acted with gross negligence. But you can only use the exception if the client was deprived of his right to be heard. Instances when the judge does not have bias: Absence of extrinsic evidence to show that the judge was bribed. The judge asking questions to the witness for the purpose of eliciting additional information. Massive publicity on its own. Issuing another order to correct an error of a previous order.

REQUISITES: Procedural Due Process in Administrative Proceeding from the Ang Tibay Case 1.Right to a hearing which includes the right of the party interested or affected to present his own case and submit evidence in support thereof. 2.Tribunal must consider the evidence presented. Instances when no prior hearing is 3.The decision must be supported by required: evidence. Abatement of nuisance per se 4.Evidence must be substantial. Preliminary Attachment 5.Decision must be based on evidence Termination of Temporary Employee presented or contained in the record and Cases involving Tax Collection disclosed to the parties affected. Receivership 6.Judges must act on ones own Ex Parte Order by Pollution Adjudication independent consideration of the law and Board facts of the controversy. Consti 2, PubCorp, PubOff, Admin, and Election Law Page 1

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7.The decision must contain the issue involved and the reasons for rendering such decision. Substantive Due Process Points to remember: There is a prohibition against arbitrariness. The law must be reasonable. The right to security includes the enjoyment of all other rights by protecting people from fear of exercising them. Due process demands that the people should know the law through its publication. REQUISITES: Valid Exercise of Police Power 1.Interest involved must be that of the general, not specic, class. 2.It must be reasonably necessary to achieve the purpose. 3.It must not be unduly oppressive. 4.Interest of the public should justify the interference of the State. 5.The means used must the least restrictive. Instances when there is a valid exercise of Police Power: A measure done for aesthetic purposes. A measure done for public health. Closure of commercial blood banks since most people who donate blood have diseases. Private drugstores shouldering the discounts for senior citizens. Instances when there is no valid exercise of Police Power: A law declaring all mortgages and liens of Agrix Group of Companies to be dissolved. Prohibiting the transportation of Carabao and Carabeef. PRC prohibiting examinees of the accounting board from attending review

classes three days immediately preceding the exam day. The National Building Code requiring parking lots to be free. Ordinance requiring bus operators to load and unload only in a specic terminal. Ordinance mandating movie houses to give 50% discount to children. Ordinance requiring guests of motels to write their names and relationship with each other on the registration book.

DIFFERENCE: Two ID Cases: Ople v. Torres: It is void for vagueness because the ID Law does not have a purpose, no safeguards, no technique of biometrics to identify people, no enumeration of data that will be included in the ID. Kilusan Case: It is valid because it has specied the technique of biometrics to identiy people, placed safeguards to ensure security of information, and it specied all information that will be included in the ID. DIFFERENCE: Vagueness and Overbreadth A law is vague if it necessitates a person to guess on what the law says for one to understand it. There is overbreadth if the law penalizes an act which includes rights guaranteed by the Constitution. Terms deemed not vague: Manifestly disadvantageous contract No justication for awarding contracts Penalize inside trading Penalize acquisition of hidden wealth Clear and present danger of a substantive evil Standards used in Judicial Review to determine use of less restrictive means 1.If the law deals with freedom of mind, the standard is: (strict scrutiny) + Page 2

Consti 2, PubCorp, PubOff, Admin, and Election Law

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(compelling government interest) = justied restriction. 2.If the law deals with an economic regulation, the standard is: (substantial government interest) + (rational basis) = justied restriction. 3.Middle Ground: The government interest is extensively examined and the availability of a less restrictive means is checked.

Instances when EPC was violated: Repeal of franking privileges of the judiciary. A law which is valid on its face but during its implementation, there was inequality. A law that provides for different terms for two government contracts without any basis. DOCTRINE: Relative Constitutionality A law enacted which is declared constitutional may become unconstitutional when applied to a different set of facts or when there is a change in the circumstances contemplated in the law. Search, Seizure, & Warrant of Arrest

Equal Protection Clause Instances when EPC was not violated: Dismissal of obese ight attendant due to the small aisles in an airplane. Taxing salaries on gross income for employees because they dont have expenses to deduct. Having NMAT because the practice of medicine affects health and life. Rule that councilors cannot represent the mayor. Law that allows the Local Government to give allowances to everyone except auditors because otherwise it will compromise the latters independence. Regular transfers of COMELEC Registration Officers from one district to another because otherwise it will compromise their independence. Restriction of airwaves because the government in the rst place gave them the right to access the airwaves and also because the inuence of television is broader than any type of media. Ban of motorcycles on expressway because two-wheelers are more prone to fall down. Attrition Law because BIR officers and Employees are the government employees tasked to raise government revenue. Even if the law does not respond to the purpose and resolve ALL problems raised does not mean it automatically violates EPC.

REQUISITES: Valid Warrant 1.Warrant has been issued on the basis of probable cause a.The standard to determine probable cause is prudence of the person. b.This must be issued in relation to a specic offense because a general warrant is void. 2.The existence of probable cause has been determined personally by a judge a.The judge must make personal determination and not SOLELY rely on Prosecutors Certication. b.General Rule: Only a judge can issue a warrant for the purpose of determining probable cause. Exception: A Commissioner of Immigration can issue a warrant for purposes of execution by nal judgment in a deportation case. 3.It must follow an examination under oath or affirmation of the complainant, accused and the witnesses one may produce: a.The judge cannot delegate the power to question complainant, accused, and witnesses to the stenographer. b.The witness must testify based on ones personal knowledge. 4.The warrant particularly describes the place to be searched and the person or things to be seized Consti 2, PubCorp, PubOff, Admin, and Election Law Page 3

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a.This necessitates a kind of description which will not allow the arresting officer the discretion on who to arrest, which to seize, and where to search. b.This leads to a conclusion of fact, not of law.

Valid Warrantless Search and Seizure 1.Waiver a.This requires a positive act. This right is personal and cannot be assigned unless there is expressed authorization. b.Maids cannot waive for their boss. 2.Search incidental to a lawful arrest a.Only dangerous weapons or anything which may be used for violence or anything which may be used as proof of the commission of the crime can be seized. Valid Warrantless Search and Seizure 3.Search of moving vehicles 1.Arrest in agrante delicto a.Moving vehicles can be searched 2.When an offense had just been without warrant for emergency committed and the arresting officer has purposes but this does not include personal knowledge opening of the trunk, only the search of a.For this to apply, there must have been external appearance. a crime committed; the arresting officer 4.Seizure of evidence in plain view must have personal knowledge to a.Evidence is incriminating, prohibited, or determine the commission of such; and, illegal. all of these must happen within a b.Evidence must be open to the eyes or reasonable period. hands and can also be plain smell or b.Examples include a police who did not touch. see the commission of the crime but c.Discovery must be inadvertent. caught the accused wearing a stolen d.Officers should have the right to seize article; and a police catching the the evidence and be in a position where accused eeing while holding a gun and they are in plain view of that evidence. at the same time seeing the victim shot 5.Customs Searches / Border Searches by a gun. a.There is waiver once you go to the 3.Warrantless arrest of an escaped airport due to security reasons. prisoner b.Probable cause is not needed in a.Rolito Go escaping from detention. airports, ports, and points of entry in 4.Warrantless arrest conducted by a the country. bondsman/woman 6.Saturation Drive / Areal Target Zonings DOCTRINE: Fruit of a Poisonous Tree 7.Check Points If the source of the search or seizure is a.This is valid because a car is subject to illegal then the evidence seized is open view so there is no expectation of inadmissible. privacy. b.It is done to protect the people. The Points to remember: Probable Cause should be based on purpose is weighty and intrusion is minimal. circumstances. For example, buildings in Consti 2, PubCorp, PubOff, Admin, and Election Law Page 4

c.Search should only be a visual search. And if a person breached a checkpoint, refused search, hid the evidence, and misrepresented oneself as a PNP then the subsequent search is valid. 8.Stop and Frisk a.This must be done only when the policeman has reasonable suspicion. b.Frisking is limited to the outer garment and if they feel something like a bomb then that will give the officer probable cause to conduct further search. c.Malacat Case: There can be no Stop & Frisk because the fact that the eyes of the accused were moving very fast is not a valid reason. 9.War

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squatter areas have high probability of violating building requirements. Business establishments can be searched to check their compliance with the law in the exercise of police power. For example, a drugstore can be checked if it is complying with the rules under BFAD.Entry of plea is waiver of invalid arrest. Art. 3 Sec. 2 is a restriction on the government and not on private individuals. If accused is convicted via proof beyond reasonable doubt, one can be convicted even if there is illegal arrest. Illegally seized evidence can be objected to during the offer of evidence even if there is already a waiver of the illegal arrest.

Prohibiting lawyers to advertise legal services due to Code of Professional Responsibility. TV shows can be submitted for prior review because even children can see this. Points to remember: Freedom of expression is available even to corporations. Even if the freedom is exercised for prot, this cannot be curtailed. This freedom involves symbolic speech such as burning of a ag. REQUISITIES: OBrien Test for Content Neutral Speech 1.The regulation must be within the constitutional power of the government to enact 2.It must further an important or substantial government interest 3.That interest must be unrelated to the suppression of speech 4.Prohibit no more speech than is essential to further that interest. REQUISITES: Miller Test for Obscenity 1.Whether the average person, applying contemporary community standards, would nd that the work, taken as a whole, appeals to the prurient interest, 2.Whether the work depicts/describes, in a patently offensive way, sexual conduct specically dened by applicable state law, 3.Whether the work, taken as a whole, lacks serious literary, artistic, political or scientic value. Obscene or not? Obscene: Floor Shows because the guy shouted nakakalibog!; showing sexual intercourse, oral sex, or masturbation. Not: Nudity in the Play Calcutta; anything that has a redeeming social value.

Communication Points to remember: It can be in any form including facebook except if a law or a court order otherwise provide. Checking of communications of detainees is valid for security purposes except if it contains privileged communication between the lawyer and the client. Freedom of Expression Instances when Freedom of Expression was violated: Limiting the posting of decals and stickers except on areas designated by the COMELEC. Banning of future issues of a publication where the publisher has to go rst to the judge and ask approval in releasing every issue to avoid being cited for contempt. Taxing a newspaper for the sole purpose of prohibiting its circulation. Instances when Freedom of Expression was not violated: EVAT Law because freedom of expression is not synonymous to tax exemption.

Four Aspects of the Freedom of the Press Consti 2, PubCorp, PubOff, Admin, and Election Law Page 5

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1.Freedom from Prior Restraint 2.Freedom from Punishment Subsequent to Publication 3.Freedom of Access to Information 4.Freedom of Circulation Three tests to determine presence or absence of restraint in Freedom of Expression: 1.Dangerous Tendency Doctrine: permits limitations on speech once a rational connection has been established between the speech restrained and the danger contemplated. 2.Balancing of Interests Tests: used as a standard when courts need to balance conicting social values and individual interests, and requires a conscious and detailed consideration of the interplay of interests observable in a given situation of type of situation. 3.Clear and present danger rule: rests on the premise that speech may be restrained because there is substantial danger that the speech will likely lead to an evil the government has a right to prevent. This rule requires that the evil consequences sought to be prevented must be substantive, extremely serious and the degree of imminence extremely high.

Instances when there is a violation of Freedom of Religion: Suspending a member of the Jehovahs Witness in school for not participating in the ag ceremony for religious reasons. Cancelling broadcast of INC for badmouthing other religions. Recitation of a non-denominational prayer and praying the Lords Prayer in public school. REQUISITES: Factors to determine if a law does not violate Religious Freedom 1.There must be a violation of a law. 2.There is a compelling state interest in suppressing religious freedom to prevent the violation of said law. 3.This must be the least restrictive means. Matters you can and cant question in Court: Can: Title to church property; Ouster of religious head but only if there is a violation of due process or a violation of procedures of the internal rules of the religious sect; Illegal dismissal based on dishonesty and other secular grounds in which case you can go directly to the NLRC. Cant: Any case involving the conduct of a religious group. Freedom of Abode, Travel, Information, and Association

Freedom of Religion Two Aspects of Freedom of Religion: 1.Right to Believe absolute which means that it cannot be regulated. 2.Right to Act on Ones Belief not absolute which means it can be regulated. Points to Remember from the Compendium: The liberty of abode and of changing the same may be impaired upon lawful order of the court. A court has the power to prohibit a person admitted to bail from leaving the Instances when there is no violation of Philippines. The right to travel does not include the Freedom of Religion: Payment of SSS Premiums by the religious right to choose any vehicle to use on a Preventing protesters from holding a highway. The constitutional right to information on mass in the church beside Malacaang. matters of public concern is selfexecutory. Consti 2, PubCorp, PubOff, Admin, and Election Law Page 6

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The fact that GSIS was exercising a proprietary function in granting a loan does not justify the exclusion of the transactions from the coverage of the right to info. A taxpayer has the right to the disclosure of any agreement that may be arrived at concerning ill-gotten wealth of the Marcos Family but such information must pertain to denite propositions of the government and not to recommendations or communications in the exploratory stage. Directors and officers of governmentsequestered corporations can be required by the Senate to testify as regards their anomalous transactions in the corporations. They have no reasonable expectation of privacy over matters involving their offices in corporations where the government has interest. Prohibiting managerial employees from forming labor unions does not violate their right to association. Eminent Domain Points to remember: The power of eminent domain is vested upon the legislature. The courts can review an expropriation case if there is GADLEJ. Congress can delegate the power of eminent domain to private entities for as long as it is for public purpose. Mining companies can expropriate minerals on surface since it is vested with national interest. The right of an owner of an expropriated property to recover just compensation is imprescriptible. It is only when an expropriation case has been led can the government oust the owner.

Even if the income earned is for low cost housing, there is absence of public use since its not direct. A playground used only by the village kids. Instances when the element of public use is present: Land to be used for: low-cost housing, PEZA, and tourism. REQUISITES: Taking 1.Entering upon private property 2.For more than a momentary period 3.Under the warrant of color of legal authority 4.Devoting it to a public use 5.Substantially to oust the owner and deprive him of all benecial enjoyment thereof Instances when the law is void since there is taking without just compensation: Requiring memorial parks to give free lots for burial of poor people. Mandating free parking. DIFFERENCE: Expropriation and Zoning In Expropriation, the power being exercised is Eminent Domain while if it involves the exercise of Police Power then it is Zoning such that when you prohibit a person from reasonably using ones property, it will not be zoning but it will already constitute expropriation. Non-Impairment of Contracts Points to remember: This right is subject to social justice and police power. For a law to impair a contract, it must affect the relationship between two parties. In taxation, the parties should be the State and a taxpayer.

Instances when the element of public use is present: The government expropriates land to Instances when the law does not impair build a commercial center, the proceeds contracts: of which will go to socialized housing. Consti 2, PubCorp, PubOff, Admin, and Election Law Page 7

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Mining and Timber licenses are not contracts protected by this right. Thus, it can be regulated by the government. Tax exemption is granted by law and can be cancelled by law. Whenever police power is used in times of emergencies but the law cannot impair after. Social Measures. An order not to release the salaries to anyone (especially to creditors) except the teachers is valid because public funds cannot be assigned in advance. Classication of land from residential to a different class. House Rental Law, Mortgage Law, and Margin Law. Rights during Investigation When will these rights apply: If the police investigation already began during police lineup then right to counsel is needed. Any government investigation where it would result in criminal prosecution. Confession of an accused said to a Filipino police, even if it is a foreign case. When the police asks a possessor of Shabu or Marijuana to sign the labels of these. When the investigation focuses on guilt of one person. When the workers from a construction site were all investigated then after that the police singled out one construction worker and required that person to be reinvestigated. When will these right not apply: These rights cannot be conferred in administrative investigation. When a City Treasurer is audited and the forms lled up shows discrepancy, it can be used without violating this right. Physical examination.

3.Voluntary 4.Express Points to remember: The right to counsel necessitates the lawyer to be competent and independent: oIf the lawyer kept quiet the whole time during trial, he is incompetent. oA prosecutor, a mayor, and a municipal attorney cannot appraise the rights of an accused because they are charged of prosecuting a crime. This results in conict of interest which makes them not independent counsels. If a confession is inadmissible, everything discovered due to it will also be inadmissible. Presumption of constitutional right not waived will prevail over presumption of regularity of the performance of duty. Interlocking confessions can be used as corroborative evidence and will not violate these rights. Right to Bail When is bail a matter of right? Before or after conviction in MTC, MTC, MCTC. Before conviction by RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment. When is bail discretionary? After conviction by RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment.

How will the court exercise its discretion? If the penalty imposed by RTC is imprisonment of more than 6 years, accused shall be denied bail or if bail has already been granted, it can cancel the bail. If the prosecution is able to show any of the following, the court can refuse to REQUISITES: Proper Confession grant bail: oRecidivism, Quasi-Recidivism, Habitual 1.It must be in writing 2.Assisted by counsel Delinquency, Reiteracion Consti 2, PubCorp, PubOff, Admin, and Election Law Page 8

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oPreviously escaped detention, evaded sentence, or has violated bail conditions oCommission of crime/offense while on parole, probation or under conditional pardon oFlight Risk oCrime Risk Points to remember: Although Sec. 13 does not apply to extradition given that it will not result in conviction, bail can still be granted because of the statutory grant. When you withdraw you claim, you submit to the courts jurisdiction and waive your right to bail. Bail subsists only on primary conviction. Bail is not a right during appeal. Bail is not a bar to objections. It shall not bar the accused from questioning the legality of ones arrest. The right of bail shall not be impaired even if the writ of Habeas Corpus is suspended. Presumption of Innocence The presumptions under the following laws are legitimate: Anti-Fencing Law Fishers Decree Forfeiture of Ill-gotten Wealth Laws based on human experience that tells us that when this happens, one is always guilty Right to be heard NOTE: The defense should be given the right to present evidence. But this right can be waived if the defense kept on postponing. Right to Counsel Points to remember: It is only during arraignment where the judge is obliged to provide counsel de officio. Promulgation of judgment does not necessitate presence of counsel.

Accused can confer with ones lawyer anytime. But the restriction in the case of the Soldiers involved in the Oakwood Mutiny of limiting their consultation with their lawyers from 8-12 and 1-5 is reasonable and therefore valid since this is not a hard and fast rule. Mass withdrawal of lawyers is a dilatory move on the part of the defense so the judge is justied in appointing a counsel de officio for the accused. When is there Denial of Effective Representation? There can only be a denial of effective representation if there is gross negligence on the part of the lawyer: oLegal skills are needed in a trial. The mere fact that the lawyer is not actually a lawyer is already tantamount to a denial of effective representation and will result in acquittal. oThere is denial if the lawyer did not object on any of the objectionable statements and did not even present evidence. oThe mere fact that a lawyer is procured by two of the accused does not by itself constitute denial. It would necessitate conict of interest for this to arise. Right to be informed Instances when this right is violated: An accused who is deaf-mute is not given an interpreter The accused is mentally incompetent and during arraignment this is already apparent but despite that, trial still pushed through. Instances when conviction is invalid based on a violation of this right: Crime charged is different from that proven. If the crime of estafa was proven but the crime charged was BP 22. If the crime of rape was proven but the crime charged was grave coercion. Page 9

Consti 2, PubCorp, PubOff, Admin, and Election Law

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If the crime charged was falsication of public document but was convicted for violating the Anti-Graft Law. If the method proven is different from the method alleged. Difference of identity of serial numbers of checks. Use of the terms uncles and cousins without alleging the degree in qualied rape. Failure to allege to age in relation to minority of the accused. Instances when conviction is valid due to the absence of a violation of this right: The titles of the crimes are different from those alleged in the body. It states in the information metamphetamine hydrochloride instead of shabu. Date of commission of a crime as alleged is different that proven except if the date of the commission is an element of the offense. Rights to Speedy and Public Trial Point to remember: The counting of the period must be reckoned from the ling of the information. Four factors to determine if the right to speedy trial has been violated: absence of delay, length of the delay, reasonableness of the delay, and assertion or nonassertion of this right by the accused. Failure to complain the delay for 17 years constitutes a waiver of this right. Prosecution has the same right. The right to public trial is not absolute. The court can exclude the public due to issues on decency and the welfare of the people testifying.

If the victims testied in the estafa case and the accused got convicted, the prosecution cannot use the order to convict the same accused for illegal recruitment. The prosecution can only use the affidavits of the victims during their testimony in the estafa case but not its ruling. If all important points are covered by the cross-examination but the cross was not yet nished, the entire cross will not be stricken out just because the witness died. When a testimony is nished as regards proving the elements of a crime by is yet to prove the aggravating circumstances, but before the witness could continue, he died or cannot be found, the testimony regarding the elements of the crime will not be stricken out. If the question is irrelevant, the judge can strike it out. There is no violation of this right when the judge limited the cross for one hour since the line of questioning has become repetitious and has been going on for 7 days. Waiver of this right can be express or implied: oExpress: No more cross-examination your Honor. oImplied: The defense kept on postponing to delay the cross of the witness then subsequently the witness died, there is implied waiver. This is so because it is their fault on why they lost the opportunity to confront. Right to Compulsory Process NOTE: The Civil Case procedure for deposition can also be used in Criminal Cases. But if the evidence is only corroborative, this is not necessary. Right to Speedy Disposition of Cases

Right to Confrontation

NOTE: If there is contributory delay then this right is not violated. But delay is Points to remember: justied if the case is technical, Consti 2, PubCorp, PubOff, Admin, and Election Law Page 10

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complicated, and involves voluminous documents; and for reasons of justice and public policy. Right against Self-Incrimination Instances when this right can be invoked: This applies in criminal cases as well as quasi-judicial, administrative, and civil cases for as long as they have criminal underpinnings. If civil case will result in forfeiture then this right should be afforded. Revocation of license to revoke practice of medicine. This applies to testimonial evidence. If the subject matter is a passbook or ransom notes. Giving a sample of handwriting or demonstrating an event. Instances when this right cannot be invoked: This does not apply to corporations. If the subject matter is a public or official document. Physical examination including STD test, plaster cast, footprint, trying shoes, hat, slippers, ngerprints, paraffin test, and DNA test. The Right against Self-Incrimination can be waived through either of the following: Voluntary Testimony Pardon or Amnesty Law grants immunity Prohibition against Cruel and Degrading Punishment Points to remember: Punishment must be shocking to be unconstitutional. The court must consider the following factors: purpose of punishment, perversity of accused, and nature of crime. Solitary connement is not per se unconstitutional. It will depend on the circumstances such as if it is unduly prolonged, you have to urinate and defecate on the oor, use of inadequate penal facilities, inadequate provision for health purposes, perpetuating sodomy, shortage of food, and overcrowded cells. Prohibition Debt against Imprisonment for

NOTE: The non-fulllment of the following obligations can be penalized: those under Art. 1157 of the NCC, failure to pay support, BP 22, Trust Receipts Law. Double Jeopardy

REQUISITES: Raising the defense of Double Jeopardy 1.First jeopardy must have attached a.There must be a good indictment, done in a court of competent jurisdiction, after arraignment, and after plea. b.No Double Jeopardy if: invalid Prohibition against Involuntary Servitude information, not yet arraigned, invalid plea Exceptions: Military Service, Criminal c.There is Double Jeopardy when: the Penalty, Stenographer to do steno, accused entered into a conditional Seaman is compelled to work during the arraignment (since there is no such voyage, Parents can order their children thing); the accused was deprived of the to do chores, Police Power, Posse remedy of appeal to the DOJ and Comitatus, Return to Work Order by proceeded with arraignment. DOLE. 2.First jeopardy must have terminated a.No Double Jeopardy if: merely amended, amended only for Consti 2, PubCorp, PubOff, Admin, and Election Law Page 11

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aggravating circumstances, retaking of testimony only, denied motion to withdraw appeal b.There is Double Jeopardy when: nal conviction, acquittal, dismissal on the merits, dismissal not on the merits but without the consent of the accused, termination such as discharging of an accused to become a State Witness provided the accused testies, Pardon, Amnesty. 3.Second jeopardy must be for the same offense or arising from the same act as that of the rst a.No Double Jeopardy for: BP 22 and Estafa, Estafa and Illegal Recruitment, Falsication and Anti-Graft. b.There is Double Jeopardy for: rape and acts of lasciviousness, less serious physical injuries and direct assault, for offenses where one offense is identical to the other, attempt or frustration of another, or is necessarily included in the other. There is Double Jeopardy when: Installation of Jumper produced two violations, 4.Other Circumstances when there is Double Jeopardy will not attach: a.There is misconduct on the part of the court b. Dismissal obtained through fraud, Void Resolution, Invalid Dismissal c.Complaint Appealed only Civil Aspect DIFFERENCE: Ex Post Facto Law and Bill of Attainder In ex post facto law, it talks about laws and not treaties. It must be penal, unfavorable to the accused, and has a retroactive effect. oCan be applied retroactively: If the crime has not prescribed when the new law took effect, House Rental Law, Amendment of the Jurisdiction of the Sandiganbayan, Decree of Probation, and other non-penal laws. oCannot be applied retroactively: AMLA, Continuing Crimes, Doctrines of Courts unfavorable to the accused

In bill of attainder, there is a law which imposes a penal burden upon a person, imposed by Congress and not by the courts. This amounts to usurpation of judicial powers by the legislature and violation of due process.

Citizenship Points to remember: A child is Filipino if the father is Filipino even if the child is illegitimate. For a child to be Filipino, the mother is required to be a Filipino only at the time she gave birth, not at the time she was born. Election of citizenship must be reasonable: within three years from the age of majority. A foreign woman who marries a Filipino can be deemed as Filipino by operation of law provided one possesses all the Qualications and does not possess the Disqualications. Repatriation has an effect of reverting to previous status. Filipinos who become citizens abroad can repatriate even if there is no economic reason. So long as a candidate who won is already Filipino at the time of taking oath of office, even if the candidate was a citizen of another country during the day of the elections, one can still validly hold public office. There is no need for a child to repatriate if ones mother is a Filipino. Dual allegiance requires a positive act while dual nationality is involuntary. It is only in the former where citizenship is terminated. Suffrage

NOTE: The law on Absentee Voting does not violate the residency requirement since the law does not require these Filipinos to comply with such due to their Consti 2, PubCorp, PubOff, Admin, and Election Law Page 12

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circumstance. But, they must execute an affidavit stating that they would go back to the Philippines and stay here for at least three years. Social Justice and Human Rights Points to remember: Pigeries and poultry farms should not be covered by the Agrarian Reform Act. The Constitution does not require the resettlement of squatters. The issuance of the COMELEC of the rule prohibiting priests, bishops, and nuns to be members of NAMFREL is unconstitutional due to the provision on Peoples Organizations. Commission on Human Rights oThe Commission shall be composed of a Chairman and Four Members who must be natural-born citizens of the Philippines, and a majority of whom shall be members of the Bar. oThe CHR cannot decide on a case because their role is limited to investigation. This power also includes investigating the violations of civil and political rights by rebels and insurgents. oThey can grant immunity to witnesses. oCHR cannot issue TROs. For one to procure a TRO, one must go to court and seek an order. TRO is not part of their preventive measure power. Academic Freedom Points to remember: The obligation to provide education is directed to the State and not to schools which are separate juridical entities. Sec. 5(5) does not deprive the Congress of the power to allocate budget. The government should not pay religion teachers. Nationalization of schools oOwnership: solely owned by Filipino except religious groups and mission boards oAdministration: only Filipino Citizens

oStudents: not more than a third for aliens The school has the freedom to allow: oWho to teach The school cannot refuse to re-admit a student who participated in rallies criticizing policies of the government so long as one meets the academic requirements and complies with the disciplinary rules. If the student is caught vandalizing, the student cannot compel the school to re-admit him or her. If what was published on school paper disrupted public order in school, the school can refuse to readmit the student. School has the right to make rules on giving honors to students. School has the right to revoke a decree due to plagiarism. oWhat to be taught Academic Freedom cannot be invoked to justify illegal acts oHow to teach Giving passing grades to students without holding classes is within the scope of this freedom. oWho will teach This right cannot be used to terminate teachers with tenure. You can only get tenure when you are regular. The Family NOTE: This does not prohibit the adoption of a law on divorce. The State, via the police power, can encourage the size of the families to make it bigger or smaller depending on the circumstances. Responsible parenthood is not equal to birth control but it must take into consideration the totality of circumstances. PUBLIC CORPORATION

Elements of a Public Corporation Consti 2, PubCorp, PubOff, Admin, and Election Law Page 13

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1.A legal creation or incorporation This is the task of the legislature. However, if a barrio or municipality was created by the executive but subsequently was legislated upon by Congress, the subsequent circumstance can validate the creation. 2.A corporate name by which the articial personality or legal entity is known and in which all corporate acts are done 3.Inhabitants 4.A place or territory within which the local civil government and corporate functions are exercised. Elements of a de facto Public Corporation 1.There must be a valid law under which it is incorporated. 2.There must be an attempt to incorporate in good faith. 3.There must colorable compliance. 4.There must be an assumption of corporate powers. EFFECT: Until the court rules that an action is unconstitutional, the acts implementing such law should be considered valid. Nature of a Public Corporation 1.Governmental 2.Proprietary ie. Slaughterhouse, Holding of a Fiesta, Maintenance of a Public Cemetary EFFECT: A private party can sue the government if the injury or damage caused by it was done through its performance of a proprietary function.

Inherent: includes the powers to have perpetual succession; sue and be sued; purchase, sell, hold property for the benet of the municipality; make by-laws and ordinances for the government corporation; contract oProvinces must have their own provincial attorneys. The COA cannot hire private lawyers for them. oThe power to sue and be sued includes the power to compromise. oThe local government can acquire and dispose property: When a developer donated to the City land to be used for a sport facility but the City built a drug rehab instead, the Court held that the drug rehab should be destroyed but the donation will not be revoked. But when it involves onerous transactions, an irregularity such as failure to rst secure an appraised valuation will not make the donation void because the law on contracts will apply and the said situation is not one of the grounds that would make such contract void. Governmental: administration power, police power, eminent domain, raise revenues, promote public education, maintain a re department and extinguish res. Corporate: have continuous succession in its corporate name, sue and be sued, have and use a corporate seal, acquire and convey real property, enter into a contract. ILLUSTRATION: Intergovernmental Relation The mayor refused to grant a license to operate a lotto outlet in his province. He claims that under the LGC matters such as this needs prior consultation and approval by him. The SC held that the LGC provisions apply only to national projects and programs. Lotto is not a program or a project of the government but of a charitable organization. The MMDA cannot expand land area. Page 14

Powers of a Municipal Corporation Express: These are those granted in express word by the special charter or the general law under which the corporation is organized. Implied: These are those which arise by natural implication from the grant of express powers or by necessary inference from the purposes or functions of the corporation. Rules on Local Ordinances Consti 2, PubCorp, PubOff, Admin, and Election Law

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The power to subpoena cannot be implied in power to legislate, it must be expressly conferred. A zoning ordinance classifying a cockpit site as residential and imposing a higher majority in order to amend such legislation is valid to prevent pressure from the rich. A provision requiring the necessity the presence of a majority of all board members to constitute a quorum will be valid if its presider can vote only when there is a deadlock. The mayor and governor both have powers to veto a city or provincial ordinance respectively. Partial veto can only be done when it involves appropriation items. A previous ordinance is only renewed when it involves non-payment of salaries but not of government projects. An ordinance to be valid must not contravene with the provisions of the general law. For example, a traffic ordinance must conform to the traffic law. The operation of casino by PAGCOR is valid even if Cagayan de Oro passed an ordinance to suppress gambling. Because PAGCOR is given the right by its charter to operate casinos, the said ordinance cannot hinder the exercise of such right. An ordinance regulating the use of ammable materials in the city is valid because it is done protect houses from risk of re. Mandating tricycles to be licensed and registered with the city government is void since the function of issuing said license still remains with the LTO. Local government cannot issue a Certicate of Public Convenience for operation of cable since this is the function of the NTC. It is also the NTC who can charge cable tv services.

control over it can make the government already liable. The fact that the City of Manila owns the public markets in it makes one liable for any injuries or damages that these markets cause. If the police fails to render assistance, the city or municipality will be held subsidiarily liable. The local government officer is not exempt from liability arising from death or physical injuries whether he is a regular or a special agent and whether one is performing a governmental or proprietary function of the local government. Money Judgment against Local Government: Levy of patrimonial property ( not Govermental property); File petition for mandamus to make appropriation; Garnishment of bank account if money is not released. LOCAL PUBLIC OFFICERS

Civil Liabilities of Local Government Even if the government is not the owner of a property that caused injury to another, the fact that one has sufficient Consti 2, PubCorp, PubOff, Admin, and Election Law

Local Government Officials Qualications oCitizenship: This requirement must be present on the day of ones proclamation. oResidency: The act of ling a certicate of candidacy, having temporary visits to the city or municipality, or having a beach house there will not by themselves satisfy the requirement of residency. Disqualications oConviction of an Offense involving Moral Turpitude: Violation of Anti-Fencing Law; Disqualication to run to an elective position for two years after conviction of an offense involving Moral Turpitude. oFugitive from Justice: Intent to evade prosecution or punishment must have been the motive for ones ight; includes those with cases abroad. Disciplinary Cases Page 15

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oDisciplinary cases must be connected to the local officials performance of duties. With regard to Mayor Lacson, since his remarks is not related to the performance of his duties as Mayor, a disciplinary case led against on that ground will not prosper. oAbuse of authority can be a ground. oSuspension cannot be longer than the term of the official nor can it prevent one from running again except if other penalties imposed include disqualication from running for public office. oAn official can only be removed through an order by the RTC but if it involves a municipal official, said order should be issued by the Provincial Board. oThe decision of the President is nal but you can still appeal in the CA via Rule 43. oIf the officer is re-elected, any pending disciplinary charges will be lifted. oThere can be no investigation nor preventive suspension that can be imposed within 90 days from the day of the election except for cases falling under the jurisdiction of the Ombudsman. Recall, Initiative, and Referendum oRecall: There is only one ground which is loss of condence. This necessitates a petition of at least 25% of the registered voters and cannot be held within one year from general election and within a year from the commencement of the public officers term. Here, election refers to the election involving the post that the public officer is currently occupying. And initiation of this process can happen even within the said restricted periods provided that the casting of the ballots is done outside those periods. oInitiative: Both ordinances and resolutions can be subjects of an initiative. And the following are the procedures (from Ateneo Central BarOps10):

Number of voters who should le petition with Sanggunian concerned: at least 1000 registered voters for Provinces and Cities; at least 100 registered voters for Municipalities; and at least 50 registered voters for Barangays. Sanggunian has 30 days to act on the petition. Collect required number of signatures within the following period: 90 days for Provinces and Cities, 60 days for Municipalities, and 30 days for Barangays. Signing of petition. Date for initiative set by COMELEC if required number of signatures has been obtained. Prohibitions oThe Mayor CANNOT: assign shares of stock to wife; be a surety; enter into a contract with the government even if it is not for oneself but for ones relatives within the fourth civil degree of consanguinity or affinity; practice ones profession; permit operation of cockpits. oLocal legislatures cannot practice their profession during every session. oThey cannot use properties of ones office for personal gain. oIt is only the PRC and not the Mayor who can regulate the practice of any profession. oMayors Permit cannot be revoked without due process since it is a property right. oPermit to operate stevedoring services: An Ordinance that limits the granting of said permit only to resident of Iloilo is valid because issuance of permit is discretionary. Public Officers: Barangay Officials oBarangay Tanod and Lupons are also public officers and can be victims of direct assault. oIn dismissing Barangay Secretary or Treasurer, the Chairman must rst get approval from Barangay Council before it could take effect. Consti 2, PubCorp, PubOff, Admin, and Election Law Page 16

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Public Officers: Municipalities and Cities oThe Vice Mayor has the power to appoint the replacement of City Council Members. oCouncilors must approve ordinances by majority vote of the members of the pertinent board or department. oMayors can solemnize marriages but Governors cannot. oThere is no need for an enabling resolution from the Councilors for a Mayor to le a case against anyone on behalf of the City. Requirements for contracting with Local Governments oThe subject matter must be within the power of the local government to enter into a contract. oContract must be signed by the head of the local government. oThere must be prior authorization from the local legislature. Absent this, the contract will be deemed unenforceable. And for there to be a valid authorization, it must contain appropriation and the certicate of availability of funds. It is only for longterm contracts when appropriation for the entire duration of the contract is not needed. oContract must follow all the other requirements set forth by the Civil Code. Only the local government can invoke defect. ADMINISTRATIVE LAW Powers of Agencies: Rule-Making, Adjudicatory, and Incidental Types of Rules: Carry out law in detail, Interpretative rules, Determination whether statute which is contingent should be given effect

evidence applied in the two cases. Moreover, decisions of Administrative Agencies can always be reviewed by the Court if there is GADLEJ. REQUISITES: Validity of Regulations 1.Issues on authority of law: Sec. of DOTC has no power because the activity is under DPWH. 2.Within the scope of the law: A Bus company cannot be given power to determine their fares; Coconut authority can regulate matters relating to coconut production; Comelec airtime should be free; PHIC- no deadline for collecting payments; Advertisements- substitute milk? Submitted for approval, not a total ban; E- commerce law- excludes fax messages (Canadian model) regulation which included tax- void. 3.Reasonable and not arbitrary: A law was passed that only tobacco grown in Cagayan is good - arbitrary, not a priori judgment 4.Must be published: Exceptions include regulations that are merely interpretative (BIR Regulation); internal administration such as a circular classifying CESO-Career executive office; reducing tax exemptions; merely lay guidelines to be complied by subordinates 5.Must submit to UP Law Center 6.As far as practicable, agency must conduct public hearing: if it will impose new burden (CASE: foreign cigarettes had higher tax -> SC: there should be public hearing but in a CASE where a BIR new regulation was passed where lending company will pay gross receipt tax thus lower tax -> SC: no need for public hearing. 7.If violation will make it an offense: Law itself must make it an offense due to exercise of legislative power; Law itself must include the penalty.

Decisions: Interpretation The decisions in regular courts cannot be Interpretations by administrative entirely based on administrative decision organizations are given greater weight by given the difference of the quantum of Court but NOT conclusive: Consti 2, PubCorp, PubOff, Admin, and Election Law Page 17

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CASE of Manila Jack Club: races on sat, sun and holidays; SC: cannot shelter under wrong interpretation of previous commissioner. CASE of Co: Circular check to guarantee obligation not covered by BP22. SC: reversed, BP covers such but this application cannot be given retroactive effect because public has right to rely on its effectivity. ELEMENTS: Adjudicatory Powers 1.Enabling a.Dispensing power to exempt from prohibition b.Examining inspection, subpoena, questioning of witnesses, submission of records, inspection of premises. c.Summary enforce administrative determination without aid of the courts i.e. customs can order its seizure / warrant of levy or distraint 2.Directing a.Whenever there is power to investigate, can subpoena but cannot cite for contempt unless given power (i. e. Ombudsman can cite for contempt) b.Magsaysay: investigative body to investigate graft and corruption -> Presidantial Complaint and Action (PCA -> PCAPE); Macapagal: Presidential Anti Graft Commission; Marcos: Presidential Agency on Reform can issue subpoena -> sanctioned by RAC. SC: President can by EO make a fact nding investigation although it cannot le a case but it can recommend to prosecution the adoption of an action. c.Mayor cannot delegate the power to subpoena. Certain principles applicable: RES JUDICATA: But if voluntarily complies with new decision, there will be waiver. CASE of Robert Dollar: there were new provisions in the new contract not in the old contract. SC: Government waived the right to appeal because of partial payment -> voluntary waiver.

Power to enforce administrative regulations without resorting to courts. Administrative Sanctions: This includes: Refusal to renew license, grant clearance, seizure, forfeiture or sale of property, suspension, expulsion, restraint of person, imposition of nes. If the seized property is subject to lawful commerce then it can be sold but if it is illegal then it should be destroyed. Judicial Review Exhaustion of Administrative Remedies: This applies only when the agency is quasi-judicial not rule-making. And when the dispute is intra and not interagencies, exhaustion does not apply. Cases when there Exhaustion of Administrative Remedies is not necessary: oCases involving private lands oQuestion is purely legal oQuo-warranto oDenial of due process oEstoppel oAction is patently illegal oGrave and Irreparable Injury oTime is of the essence such as the case involving a teachers salary where allotted funds for her salary will be reverted if not claimed immediately oDecisions of Department Secretaries oWhen it will be futile, there is unreasonable delay, poverty, or due to public interest DOCTRINE: Primary Jurisdiction When the issue is technical and requires expertise, the administrative agency has primary jurisdiction. For example, if it involves the re-arrangement of channels, since it is a highly technical matter, one has to go to the NTC. But when the issue is purely legal, go straight to the court. And this applies only to quasi-judicial and not rule-making power.

Incidental Powers This includes: investigating, supervising, prosecuting, advising, declaring which is similar to declaratory relief, adjudicating Consti 2, PubCorp, PubOff, Admin, and Election Law Page 18

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ELEMENTS: Public Office NOTE: Salary and Permanence are not elements 1.Creation of law 2.Invested with Sovereign Functions 3.Functions must be dened by law 4.Functions must be exercised under law not under a superior unless they are functions conferred upon a superior over an inferior. ELEMENTS: De Facto Public Officers 1.Officer has no appointment but one already a common reputation as such 2.No oath of office 3.Has color of appointment but is eligible 4.Appointment by virtue of unconstitutional law while said law still constitutional ELEMENTS: Valid Office 1.Validly created office 2.Color of right 3.Possession of office has not an was

oQualications cannot add detail to that prescribed by law. oQualications should be germane to public office. Instances when one can be compelled to assume office: oElected to assume office oIn defense of the State, military service Ways of Gaining Public Office oAppointment through nomination, conrmation, appointment, then acceptance. oElection Termination of Office Expiration of Term: no officer can remain in a holdover capacity Acceptance of an Incompatible Office: PCGG Chairman and Presidential Chief Legal Counsel; and Judge of 2 Courts are positions which are incompatible. Resignation: requires acceptance whether express or implied o Resignation becomes effective from receipt of notice of registration. o Resignation can be withdrawn for as long as there is no replacement yet. Abandonment: As an exception, the act of leaving the school of a UP law professor who got a job in the UN but who came back to the Philippines and was accepted by the UP Law Faculty does not constitute abandonment due to Academic Freedom. oPreventive suspension until case is nished will not constitute abandonment Impeachment, death, abolished offices, recall, fulllment of office for which it was made, conviction of a crime where disqualication to assume public office is a penalty, prescription oWhere an agency is made which has the same function as the abolished one or if the purpose for which the new agency was created was not met, bad faith arise such that the Government Employee cannot be validly terminated on the ground of abolished office. Page 19

Office and Designation Title of a valid office cannot be attacked collaterally. A de facto officer is entitled to retain compensation. An ineligible policeman who rendered service can retain compensation. The Manager of PPA who got demoted can only collect the difference between the salary of the lower office and that of the higher. The rule prohibiting nepotism in Administrative Agencies applies even in designation. Designation refers to a government employee assigned in a temporary acting capacity to perform another vacant position in an agency. But it is only through appointment and not designation where one can protest. Qualications oThe Constitution provides for the qualications. Consti 2, PubCorp, PubOff, Admin, and Election Law

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oWhen the employee was told he will be reinstated or was not told of his right to sue the government, the action to le a case for illegal dismissal will not prescribe. oBut when one is simply dropped from the rolls there is no termination since it is not a penalty and this will not prohibit the employee from holding public office in the future. Administrative Cases These cases are vested with public interest and are imprescriptible. Acquittal of criminal case will not bar the ling of a civil case. Maximum period for preventive suspension is 90 days except if delay is caused by the employee. Even if there is no replacement yet, an employee can already be suspended if any of the grounds for termination are present. A teacher cannot be reinstated in the middle of a school year if the public school already found a replacement. Preventive suspension is not a penalty so no backwages should be paid but if there is an acquittal from the case, then the employee can validly claim for such. One cannot deduct the period of suspension from the total period of conviction. The CSC can appeal to the Supreme Court because it is Constitutionally tasked to implement the Merit System but the Regional Boards cannot do the same.

Members of the Judiciary are entitled to receive disability benets, even the dead ones. Retirement benets cannot be given when employee is not yet a retiree. If a public officer received benets or compensation in good faith, he is not compelled to return the same. Disabilities Government officials cannot practice their profession A public officer cannot purchase directly or indirectly a property he is mandated to dispose by virtue of ones office. Powers Department Secretaries have power over their subordinates, i.e. DOJ can control BOI Performance of ministerial functions can be delegated. A discretionary function can be delegated ONLY IF the law authorizes this. General Rule: Public Officers cannot be held liable for the acts of ones subordinates. Exception: If a special law provides otherwise such as in the following cases: oCollector is liable for loss of goods oPublic Officer is liable for acts of subordinates if ones order to the latter was in writing oPublic Officers are liable for illegal disbursement of public funds

Liabilities Public Officers are liable for the salaries of the officers one appointed illegally; for the damages suffered by someone due to Rights and Benets nonfeasance; for violation of the Bill of Salaries of public officers cannot be Rights under Art. 32 of the NCC whether garnished. They remain public funds until one is directly or indirectly responsible. An official can be sued when the duty one received by the employee. Retirement benets are exempt from performed is not general but owed to a execution specic private entity; or if the act was Retirement benets must be based on the done in bad faith. There is good faith in the following: City highest salary received by the public officer. Treasure collecting interest for the nonpayment of dues; officers who Consti 2, PubCorp, PubOff, Admin, and Election Law Page 20

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conscated Carabeef cannot be held liable since they were merely enforcing a law; officers who were merely enforcing an ordinance. There is bad faith in the following: Abolish 800 employees but replace them with 1,000 employees whose functions are the same; non-enforcement of laws or ordinances; concealing budget items and not following the opinions of the Budget Secretary; fraudulent issuance of Torrens Title. ELECTION LAW Points to remember: The COMELECE can adjudicate only when intramurals was done in connection with orderly elections. The power of contempt can be exercised in relation to the performance of a quasijudicial function. There is contempt if one is questioning the authenticity of certicates but none as regards purchase of administrative paraphernalia. A person can run in one position at a time. Once the people have spoken, noone can defeat it on a mere technical ground. The taking of oath in front of someone who is not a notary public is merely a technical ground and cannot prevent a candidate from assuming public office. In elections, the nickname of the husband cannot be used.

A nuisance candidate is also disqualied because his purpose of running is to confuse the public or to mock the election. Falsity of representation: If one stated that he is a CPA but in fact he did not pass the board exam, that person cannot be disqualied because being a CPA is not a qualication that would determine ones eligibility to run for public office. If the ground raised for disqualication is nuisance, it is only the affected candidate who can le the case; for the rest, any voter can le. If the disqualication case has not yet been settled during election day, the votes of that person should still be counted. Registration is whole year round except 120 days before the election. Who can register to vote? 1.Filipino Citizen 2.At least 18 years old on election day 3.Resident of the Philippines for at least one year immediate preceding election day 4.Resident of the city or municipality where he proposes to vote at least 6 months immediately before the day of the election 5.Not otherwise disqualied by law

Rules on Substitution (from Compendium) 1.If after the last day for ling certicates, a candidate dies, withdraws or is Disqualication disqualied, he may be substituted by a Only a court can declare a person insane person belonging to his party not later so even if a person is actually insane, than mid-day of election day. absent any court order declaring one as 2.Substitution of Candidates should be such, said candidate is not disqualied to allowed even for barangay elections as it run. is not prohibited by law. A candidate can be disqualied on the 3.Even if the withdrawal was not under ground of conviction of a crime involving oath, the certicate of the substitute moral turpitude. cannot be annulled after the election. Disqualication is based on the violation 4.The nomination of a substitute candidate of election offenses while cancellation is who won cannot be annulled on the based on lack of qualications ground that it lacked the signature of one of the authorized signatures. Consti 2, PubCorp, PubOff, Admin, and Election Law Page 21

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5.Substitution is not allowed if the certicate of the candidate to be substituted was cancelled, because he was running for the fourth consecutive term. Inclusion, Exclusion and Annulment of list of Voters NOTE: See Pages 770-772 of the Compendium Original jurisdiction to hear inclusion or exclusion cases is with the regular courts. Overseas Absentee Voting Only those who vote in the Philippines are mandated to comply with the residency requirement. OFWs should just execute an affidavit stating that one will come back to the Philippines. They are only allowed to vote for the President, Vice-President, Senators, and Partylist Representatives. Balloting will be held 30 days before while for Seamen it is 60 days. Each embassy will act as Board of Canvassers Failure of Elections NOTE: See Pages 781-784 of the Compendium When there is breakdown of machine, there is no failure of election because the ballots are intact and can still be counted manually. There is no failure elections if there was only a poor turnout of voters. There is failure of elections if there was a counting of the ballots made in a gym without any watchers. As regards ying voters, there cannot be any failure of elections. The remedy here would be to le an election protest.

Not Marking: Writing name 2 times, Writing expressions of feelings such as da best ito! NOTE: For Rules for Appreciation of Ballots, See Pages 788-790 of the Compendium Counting of Votes If all are lost, make a recount. If tampered, there is a failure of election. If returns are not sealed, no thumb mark, the ballots should still be counted. COMELEC may already proclaim if the remaining ballots are immaterial. Issues: authenticity, statistical improbability, tampering, falsication, or ballots made under duress. oWinning an overwhelming majority is not statistically improbable. For the President and Vice President, the Congress can go to the authenticity of certicates of canvass by the COMELEC, not those made by the municipal or provincial canvassers. But this rule does not hold true for Congressmen. Grounds for Pre-Proclamation in Electronic Election: Composition of board of canvassers and manifest errors. Appreciation of ballots is an issue that can only be raised in a protest. Objection: Object during the counting, not after. And the proclamation should be made with proper authorization. If the proclamation is valid, the pre-proc case will be dismissed. General Rule: Filing of protest abandons pre-proc. Exception: If it was led ad cau telam or as a precautionary measure. Pre-Proclamation, Election Protest, and Quo-Warranto NOTE: See Pages 803-808, 816-821 of the Compendium For Election Protests, the petitioner has 10 days to le this but if it involves a Senatorial Candidate it would be 15 days, and for President and Vice President, 30 days. Page 22

Marking of Ballots Marking: Writing name 6 times; Writing the name of a SuperStar; Writing random words such as kamatis, and Dracula. Consti 2, PubCorp, PubOff, Admin, and Election Law

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If the grounds are not those for election protest, it will not suspend period of protest. For Quo Warranto, the paying of correct docket fee is jurisdictional. Allegations in a Protest: oProtest was led on the same day as the proclamation, it is still valid since it is done within the prescribed period. oI am protesting in all precincts. This is also valid. oYou must always include certicate of non-forum shopping. oProhibited pleadings (See Pages 826-827 of the Compendium) oIf there is a general denial, he can only defend his votes but not reduce the votes of the petitioner. oWidow cannot substitute her deceased spouse because this right cannot be inherited. oThere is an abandonment of protest if a candidate assumes a different government position such as when Sen. Defensor-Santiago while her protest was still pending said Vote for me, I will serve you as a Senator. oIf the winning candidate is ineligible, the second placer cannot succeed. It should come from the choice of the people. oExecution pending appeal cannot be had when there is no explanation on why they should deduct votes from the opponent. oAs a general rule, every candidate is entitled have one Motion for Reconsideration. However, for those vying for a city or municipal position, they are not given the privilege of ling for an MR. They must directly to the COMELEC. oFor the Senate Electoral Tribunal and House of Representatives Electoral Tribunal, the rules on Certiorari will apply. oAppeal Procedures: Two appellate docket fees should be paid: one for the RTC or Trial Court and the other for COMELEC. Consti 2, PubCorp, PubOff, Admin, and Election Law

Failure to pay docket fee can dismiss the appeal only if after the receipt of notice, he still failed to pay the correct docket fees.

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