POLITICAL LAW NOTES:

What constitutes due process?

Due process does not always require a trial type proceeding. It is satisfied when a
person is notified of the charge against him and given an opportunity to explain or
defend himself (Dr. Fernando A. Melendres M.D., Executive Director of the Lung
Center of the Philippines [LCP] vs. President Anti-Graft Commission, et al., G.R. No.
163859, August 15, 2012).

What is the effect if evidence is obtained through unreasonable search and seizure?

Evidence obtained and confiscated on the occasion of unreasonable searches and

seizure should be inadmissible as evidence for any purposes in a proceeding.
(Margarita Ambre Y Cayuni v. People of the Philippines, G.R. No. 191532, August 15,
2012.)

Is prior lawful intrusion an element for an arrest in flagrante delicto?

Prior justification for intrusion or prior lawful intrusion is not an element of an arrest
in flagrante delicto. Thus, even granting arguendo that the apprehending officers had
no legal right to be present in the dwelling of Sultan, it would not render unlawful the
arrest of Ambre, who was seen sniffing shabu with Castro and Mendoza in a pot
session by the police officers. (Ambre v. People, supra)

What is the threefold liability rule of public officers?

Public officers: Administrative liability is separate and distinct from penal and
civil liability.
o Under the threefold liability rule, any act or omission of any public
official or employee can result in criminal, civil, or administrative liability, each
of which is independent of the other.
o
It is a fundamental principle of administrative law that the administrative
case may generally proceed against a respondent independently of a criminal
action for the same act or omission and requires only a preponderance of
evidence to establish administrative guilt as against proof beyond reasonable
doubt of the criminal charge.
(Dr. Fernando A. Melendres M.D., Executive
Director of the Lung Center of the Philippines [LCP] vs. President Anti-Graft
Commission, et al., G.R. No. 163859, August 15, 2012.)

What is the power of the Ombudsman with respect to administrative liability?

It is already well-settled that the power of the Ombudsman to determine and impose
administrative liability is not merely recommendatory but actually
mandatory.
o the fact [t]hat the refusal, without just cause, of any officer to comply with
[the] order of the Ombudsman to penalize an erring officer or employee is a
ground for disciplinary action [under Section 15(3) of RA No. 6770]; is a strong

indication that the Ombudsmans recommendation is not merely advisory in

nature but is actually mandatory within the bounds of law. (Ernesto A.
Fajardo vs. Office of the Ombudsman, et al., G.R. No. 173268, August 23,
2012.)
Can the court decide the case notwithstanding Art. 38 of ICJ statute?

The provisions of Art. 38 of ICJ Statutes will not prejudice the Court to decide the
case ex aequo et bono, if the parties agree thereto. (2 nd par. of Art. 38 of ICJ
Statute)

What are the sources of law in international law?

The sources of law in international law refer to those norms derived from
international conventions or treaties, customs, and general principles of
law.

What are the primary sources of international law?

Treaty and custom are the primary sources of international law.

What is a treaty?

A treaty is a legal instrument which constitutes a material source of norms. It is a

method of formalizing the consent of States by which they intend to be
bound by the treaty. The formation of custom is as well as a norm- creating
method. A formal source of customary norms.

What is genocide?

Genocide refers to acts committed with intent to destroy, in whole or in part, a

national, ethnical, racial or religious group such as:
o such as:
o (a) Killing members of the group;
o (b) Causing serious bodily or mental harm to members of the group;
o (c) Deliberately inflicting on the group conditions of life calculated to bring
about its
o physical destruction in whole or in part;
o (d) Imposing measures intended to prevent births within the group;
o (e) Forcibly transferring children of the group to another group.

What is the ICC jurisdiction over war crimes?

The International Criminal Court has jurisdiction over war crimes when it is
committed as part of a plan or policy or as part of a large-scale commission
of such crimes.

What is jurisdiction ratione temporis?

Jurisdiction ratione temporis means that the Court has jurisdiction only with
respect to crimes committed after the entry into force of this Statute.

o
o
o
o
o
o

IN THE CASE OF THE PHILIPPINES, for WHICH the Rome Statute entered into
force only on Nov, 1, 2011. Art. 11 sec. 1 and 2, of the Rome Statute
says any crimes which are cognizable by it under its subject matter
jurisdiction cannot be brought to it if they occurred before the
Statutes entry into force with respect to that state.
An exception is if it made a declaration under Article 12, para. 3, to wit:
Art. 12 (3). If the acceptance of a State not a Party to this
Statute
-by declaration lodged with the Registrar, accept the exercise of
jurisdiction by the Court with respect to the crime in question

What is the principle of complementarity?

Under Art. 17 of the Rome Statute, the Court only has jurisdiction over cases where
the relevant state is unwilling or unable to investigate and, if appropriate, prosecute
the case itself.
o IN THE PHILIPPINE CONTEXT:
Republic Act 9851 the Philippine Act on Crimes Against International
Humanitarian Law gives our local authorities, in the interest of
justice, an option to dispense with the investigation or prosecution
[if an] international tribunal is already conducting the investigation or
undertaking the prosecution of such crime.
Under the 2nd paragraph of the said law, the authorities may surrender
or extradite suspected or accused persons in the Philippines to the
appropriate international court, if any, or to another State pursuant to
the applicable extradition laws and treaties.

What is the doctrine of parens patriae?

It means parent of the country. The State acts as the guardian or persons under
disabilities.

How may consent of the State to be sued given?

Consent may be given expressly or impliedly. There is express consent when it gives
by way of general law. It is implied consent when it filed a suit or when it enters into a
contract in the exercise of its proprietary capacity.

Can a lawyer give consent in behalf of the state?

No, for the consent to be effective, it must be given by the State through a duly
enacted statute.

What is the doctrine of incorporation in the Constitution?

It is a doctrine where the generally accepted principles of international law are made
part of the law of the land either by express provision of the Constitution or by means
of judicial declaration of fiat.

How may international law become a part of domestic law?

Under the present Constitution, international law becomes part

either by transformation or incorporation. Transformation can
constitutional mechanism such as local legislation. On the other
by mere constitutional declaration, international law is deemed
domestic law.

of the domestic law

be done through a
hand, incorporation,
to have the force of

What is customary international law?

It means a general and consistent practice of states followed by them from a sense of
legal obligation (opinion juris)

What is soft law?

It is an expression of non-binding norms, principles and practices that influence state

behavior.

What is the doctrine of autolimitation?

The Philippines adheres to principles of international law as a limitation to the

exercise of its sovereignty. It is in line with the adherence of the Constitution to the
policy of the cooperation and amity with all nations.

What is posse commitatus?

It is the power of the State to require all able bodied citizens to perform civic duty to
maintain peace and order.

What is the effect if a public official is guilty for unlawful expenditures of government funds?

Section 103 of P.D. 1445 declares that expenditures of government funds or uses of
government property in violation of law or regulations shall be a personal liability of
the official or employee found to be directly responsible therefor. (Arnold D. Vicencio
v. Hon. Reynaldo A. Villar, et al., G.R. No. 182069, July 3, 2012)

How can the examination of a witness be conducted in court?

The examination of witnesses must be done orally before a judge in open court. This
is true especially in criminal cases where the Constitution secures to the accused his
right to a public trial and to meet the witnessess against him face to face. The
requirement is the "safest and most satisfactory method of investigating facts" as it
enables the judge to test the witness' credibility through his manner and deportment
while testifying. It is not without exceptions, however, as the Rules of Court
recognizes the conditional examination of witnesses and the use of their
depositions as testimonial evidence in lieu of direct court testimony. (Go, et
al. v. The People of the Philippines and Highdone Company, Ltd., et al., G.R. No.
185527, July 18, 2012.)

Is the right of privacy absolute?

When the right to privacy finds tension with a competing state objective, the courts
are required to weigh both notions. In these cases, although considered a
fundamental right, the right to privacy may nevertheless succumb to an
opposing or overriding state interest deemed legitimate and compelling.
(Gamboa v. P/Ssupt. Marlou C. Chan, et al., G.R. No. 193636, July 24, 2012)

What is the writ of habeas data?

The writ of habeas data is an independent and summary remedy to protect a

persons right to control information regarding oneself, particularly in instances in
which such information is being collected through unlawful means in order to achieve
unlawful ends. In order the writ be granted, there must be balance the right to
privacy on the one hand, and the right to life, liberty or security on the
other. (Gamboa case, supra)

What are the bases of the calling out powers of local executives?

Art 465(1)(vii) of LGC refers to man-made or natural disaster. Kidnapping is

not considered as man-made or natural disaster. Respondents cannot find any legal
mooring under this provision to justify their actions.
Art 465(2)(vi) does not also apply First, AFP does not fall under the category of a
national law enforcement agency. Second, there was no evidence or even an
allegation on record that the local police forces were inadequate to cope with the
situation or apprehend the violators.
(Jamar M. Kulayan, et al. vs. Gov. Abdusakur M. Tan etc., et al., G.R. No. 187298, July
3, 2012)

What is the nature of an impeachment proceeding?

Impeachment refers to the power of Congress to remove a public official for serious
crimes or misconduct as provided in the Constitution. (Corona v. Senate of the
Philippines sitting as an Impeachment Court, et al., G.R. No. 200242, July 17, 2012)

What is the difference between simple, absolute and qualified majority?

Simple majority: 50+1 of the members present

Absolute: 50+1 of all the members
Qualified: 2/3 vote

Does the vice mayor has the inherent authority to enter into contracts?
Under this provision (sec. 456 of the LGC), therefore, there is no inherent authority on
the part of the city vice-mayor to enter into contracts on behalf of the local government unit,
unlike that provided for the city mayor. Thus, the authority of the vice-mayor to enter into
contracts on behalf of the city was strictly circumscribed by the ordinance granting it.
(Vicencio v. Villar, G.R. No. 182069, July 03, 2012)
What is the effect of disqualification before and after assumption of public office?
Before assumption to office, any candidate who has been declared by final judgment to be
disqualified shall not be voted for, and the votes cast for him shall not be counted.

However, disqualification cases could not prevent the proclamation and

assumption to office of a winning candidate. If for any reason, a candidate is not
declared by final judgment before an election to be disqualified and he is voted
for and receives the winning number of votes in such election, it shall not prevent
his proclamation and assumption to office (Section 72, OEC).
May US forces engage in combat operations in Philippine territory?
No, US forces are prohibited from engaging in an offensive war on the Philippine territory. US
exercise participants may not engage in combat except in self-defense. Neither the Mutual
Defense Treaty nor the VFA allow foreign troops to engage in an offensive war in Philippine
territory bearing in mind the salutory prescription stated in the Charter of the United Nations
(Lim vs. GMA, 2002).
Is bail available to a person who is the subject of an extradition proceeding?
Yes, bail is available not only in criminal proceedings but also in administrative proceedings
like deportation and extradition. (Govt of Hong Kong v. Olalia, 2007).
What is the binding effect of World Health Organization resolutions?
WHO resolutions are considered soft law. Legislation is necessary to transform the
provisions of these WHO resolutions into domestic law (Pharmaceutical and Healthcare Assn
of the Phils. v. Duque, 2007).
Is a statement from the Office of the Solicitor General (OSG) regarding the immunity from
suit of GTZ, an implementing arm of a foreign State that entered into a cooperation
agreement with the Philippines, enough?
No, it is not enough. A certification from the Dept. of Foreign Affairs would have provided
factual basis for GTZs immunity claim. Such certification is not necessarily imperative but
would, at the very least, establish a disputable evidentiary presumption that the foreign
party is indeed immune, which the opposing party will have to overcome with its own factual
evidence (GTZ vs. Court of Appeals, supra).
May a matter of mutual non-surrender of citizens of the contracting States to an
international tribunal be the subject of a treaty?
Yes. Except for the hosting of foreign military bases in the country, the Constitution does not
specify which subject matters should be covered by a treaty. Executive agreements are no
longer limited to just commercial/consular relations, most-favored nation rights, patent
rights, trademark and copyright protection, postal and navigation arrangements, and
settlement of claims (Bayan Muna v. Romulo, supra).
Is there a difference between being a mere signatory and a State-Party to a treaty?
Yes. Under the Vienna Convention on the Law of Treaties, a signatory is only obliged to
refrain from acts which would defeat the object and purpose of a treaty; a State-Party, on
the other hand, is legally obliged to follow all the provisions of a treaty in good faith (Bayan
Muna v. Romulo, supra).

Do baseline laws violate the constitutional definition of the national territory?

No. Baselines laws are statutory mechanisms for UNCLOS III States-Parties to delimit with
precision the extent of their maritime zones and continental shelves. Baselines laws give
notice to the rest of the international community of the scope of the maritime space and
submarine areas within which States-Parties exercise treaty-based rights. They play no role
in the acquisition, enlargement, or diminution of territory (Magallona v. Ermita, 2011).
What are the requisites of an executive agreement?
For a contract to be considered an executive agreement, the following three requisites under
the Vienna Convention must concur: (a) the agreement must be between States; (b) it must
be written; and (c) it must be governed by international law (China Natl Machinery v.
Santamaria, 2012).
What is the West Philippine Sea?
West Philippine Sea refers to the maritime areas on the western side of the Philippine
archipelago. These areas include the Luzon Sea as well as the waters around, within, and
adjacent to the Kalayaan Island Group and Bajo De Masinloc, also known as Scarborough
Shoal (Administrative Order No. 29, series of 2012).
What is residency in relation to election law?
In election cases, the Court treats domicile and residence as synonymous terms.
To acquire a new domicile by choice, there must concur
(1) residence or bodily presence in the new locality;(2) an intention to remain
there, and (3) an intention to abandon the old domicile.
The purpose to remain in or at the domicile of choice must be for an indefinite period of
time.
The change of residence must be voluntary.
The residence at the place chosen for the new domicile must be actual. (Romualdez v.
RTC)
What is the rule with respect to the qualifications for public office?
Qualifications for public office are continuing requirements and must be possessed not only
at the time of appointment or election or assumption of office but during the officer's entire
tenure. Once any of the required qualifications is lost, his title may be seasonably
challenged. (Frivaldo v. COMELEC)
What is the scope of a pre-proclamation controversy?
Pre-proclamation controversy is limited to an examination of the election returns
on their face. The COMELEC as a general rule need not go beyond the face of the returns
and investigate alleged election irregularities.

There is no exceptional circumstance present in this controversy similar to that proved in the
Antonio case, aforecited, where the COMELEC as well as the Court found "precipitate
canvassing, terrorism, lack of sufficient notice to the Board, and disregard of
manifest irregularities in the face of the questioned returns" to justify the summary
annulment of the canvass and the annulment of petitioner Antonios proclamation.
(Sebastian v. COMELEC)
When is search warrant considered valid?
A search warrant, to be valid, must particularly describe the place to be searched and the
things to be seized. The officers of the law are to seize only those things particularly
described in the search warrant.
When privacy of communications and correspondence be violated?
As provided under the present Constitution, it shall be inviolable except upon lawful order of
the court or when public safety or order requires otherwise as prescribed by law.
Is the freedom of expression absolute?
No. It is subject to the police power of the State, for the protection of public peace, morals,
order, safety and general welfare.
What is the nature of clear and present danger rule?
Under this rule, there must be substantial evil which must be serious and the
degree of occurrence is imminent.
What are the two aspects in the freedom of religion clause?
Non establishment clause and free exercise clause

Non establishment clause is violated when the State uses its rights, authority, funds
and resources behind an activity that is essentially and intrinsically religious.
Free exercise clause is violated when the element of coercion is present