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Political Law is that branch of public law, which deals with the organization and operations of the governmental organs of the state and defines the relations of the State with the inhabitants of its territory (People v Perfecto) CONSTITUTIONAL LAW Constitutional law designates the law embodied in the Constitution and the legal principles growing out of the interpretation and application of its provisions by the courts in specific cases. Constitution is the document which serves as the fundamental law of the state; it is the written instrument by which the fundamental powers of government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. Classification: 1. written (conventional or enacted) against unwritten (cumulative or evolved) 2. rigid against flexible Essential parts of a written constitution: 1. constitution of government 2. constitution of liberty 3. constitution of sovereignty The Philippine Constitution is written and rigid (art. xvii) The 1987 Constitution took effect on 02 February, 1987, the date of the plebiscite for its ratification and not on the date its ratification was proclaimed (De Leon v Esguerra) Interpretation: a doubtful provision shall be examined in the light of the history of the times and the conditions and circumstances under which the Constitution was framed (Civil Liberties Union v Executive Secretary). In case of doubt, the provisions should be considered selfexecuting; mandatory rather directory; and prospective rather retroactive. 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 fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract (Manila Prince Hotel v GSIS) The Concept of the State State is a community of persons, more or less numerous, permanently occupying a definite portion of territory,

independent of external control, and possessing a government to which a great body of the inhabitants render habitual obedience; it is a politically organized sovereign community independent of outside control bound by ties of nationhood, legally supreme within its territory, acting through a government functioning under a regime of law (CIR v Campos Rueda) Elements: 1. People- inhabitants of the State, the number of which is capable for self-sufficiency and self-defense, of both sexes for perpetuity Different meanings of the word People in the Constitution: a. people as inhabitants (sec. 1, art. xiii; sec. 1516, art. ii; sec. 2, art. iii) b. people as citizens (preamble, secs. 1 and 4, art. ii; sec. 7, art. iii) c. people as electors (sec. 4, art. vii; sec. 2, art. xvi; sec. 25, art. xviii) 2.Territory- fixed portion of the surface of the earth inhabited by the people of the State (see art. i) 3. Sovereignty- supreme and uncontrollable power inherent in a State by which that State is governed Characteristics: permanent, exclusive, comprehensive, absolute, indivisible, inalienable, imprescriptible Kinds of sovereignty: 1. Legal sovereignty is the authority which has the power to issue final commands 2. Political sovereignty is the power behind the legal sovereign, or the sum of the influences that operates upon it 1. Internal sovereignty refers to the power of the State to control its domestic affairs 2. External sovereignty is the power of the State to direct its relations with other States The Theory of Auto-Limitation provides that any state may by its consent, express or implied, submit to a restriction of its sovereign rights; there may thus be a curtailment of what otherwise is a power plenary in character (Reagan v CIR) Imperium is the states authority to govern embraced in the concept of sovereignty; includes passing laws, governing a territory, maintaining peace and order over it, and defending it against foreign invasion. Dominium is the capacity of the state to own or acquire property. (Lee Hong Hok v David)
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Effect of Belligerent Occupation: no change in sovereignty; however, political laws, except those of treason, are suspended; municipal laws remain in force unless changed by the belligerent occupant. The principle of jus postliminium provides that at the end of the occupation, political laws are automatically revived (Peralta v Director of Prisons) Effect of Change of Sovereignty: the political laws of the former sovereign, whether compatible or not with those of the new sovereign, are automatically abrogated, unless they are expressly re-enacted by the affirmative act of the new sovereign; municipal laws remain in force (Macariola v Asuncion) Jurisdiction is the manifestation of sovereignty Territorial: authority to have all persons and things within its territorial limits to be completely subject to its control and protection Personal: authority over its nationals, their persons, property, and acts, whether within or outside its territory Extraterritorial: authority over persons, things or acts, outside its territorial limits by reason of their effects to its territory The Act of State doctrine is an exercise of sovereign power, which cannot be challenged, controlled or interfered with by the court of law. It refers to the political acts of a state, which are exercised as exclusive prerogatives by the political departments of the government and not subject to judicial review and for the consequences of which, even when affecting private interests, they will not hold legally responsible those who command or perform them. In its limited sense, it refers to the acts taken by the state concerning as affecting aliens, like the inherent right of every sovereign statte to exclude resident aliens from the territory when their continued presense is no longer desirable from the standpointof its domestic interest and tranquility. 4.Government- that institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them (US v Dorr)

Government of the Republic of the Philippines is the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including the various arms which political authority is made effective, whether pertaining to the autonomous regions, the provincial, city or barangay subdivisions or other forms of local government (sec. 2(1); EO 292) Classification: 1. a de jure government has rightful title but no power or control, either because this has been withdrawn from it or because it has not yet actually entered into the exercise thereof 2. a de facto government is a government of fact, that is, it actually exercises power or control but without legal title (Lawyers League for a Better Philippines v Aquino) The three kinds of de facto government are as follows: 1. de facto proper- that government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter 2. independent government- that established by the inhabitants of a country who rise in insurrection against the parent state 3. government of paramount force- that which is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated as a government of paramount force Functions: 1. constituent functions constitute the very bonds of society 2. ministrant functions are those undertaken to advance the general interests of society; these functions are merely optional Under the Doctrine of Parens Patria, one of the important tasks of the government is to act as guardian of the rights of the people (Government of Philippine Islands v El Monte de Piedad) Fundamental powers of the State Inherent Powers of the State: 1. police power 2. eminent domain 3. taxation power Police Power: refers to the power of promoting public welfare by restraining and regulating the use of liberty
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and property Basis: public necessity and right of State and regulating the use of liberty and property to self-protection and selfpreservation Who may exercise? Generally, the Legislature; but it can also be exercised by the President, administrative bodies and law-making bodies of local government units. Requisites (limitations): 1.Lawful Subject- means that the subject of the measure is within the scope of the police power, that is, that the activity or property sought to be regulated affects the public welfare 2.Lawful Means- means that the lawful objective must be pursued through a lawful method, that is, both the end and the means must be legitimate When exercised by a delegate: 1. when expressly grant by law 2. within territorial limits (for local government units except when exercised to protect water supply) 3. must not be contrary to law Power of Eminent Domain is the power of the State to forcibly take private property for public use upon payment of just compensation Basis: necessity of the property for public use Who may exercise? generally, the Legislature but it can also be exercised by the President, law-making bodies of the local government units, public corporations and quasi-public corporations Two Stages: 1. determination of the authority of the plaintiff to exercise the power and the propriety of its exercise, and 2. determination of just compensation Requisites: 1. Necessity (which is a political question when exercised by Congress and justiciable question when exercised by a delegate) 2. Private Property- all private property capable of ownership may be appropriated, except money and choses in action; may include services (Republic v PLDT) 3.Taking When there is taking: 1. the owner is actually deprived or dispossessed of his property

2. there is practical destruction or a material impairment of value of property 3. the owner is deprived of ordinary use of his property 4. the owner is deprived of jurisdiction, supervision and control of his property Requisites: 1. the expropriator must enter a private property 2. the entry must be for more than a momentary period 3. the entry must be under warrant or color of legal authority 4. the property must be devoted to public use or otherwise informally appropriated or injuriously affected 5. 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 (Republic v Castelvi) 4. Public Use- which has been broadened to cover uses which, while not directly available to the public, redound to their indirect advantage or benefit; that only a few would actually benefit from the expropriation of the property does not necessarily diminish the essence and character of public use (Manasca v Court of Appeals) Once expropriated change of public use is of no moment; it is well within the rights of the condemnor as owner to alter and decide its use so long as it is still for public use (Republic v Court of Appeals) 5.Just Compensation- compensation is qualified by the word just to convey that equivalent must be real, substantial, full and fair; the value of the property must be determined either as of the date of the taking of the property or the filing of the complaint, whichever came first (Eslaban v Vda. De Onorio) Formula: fair market value of the property, to which must be added the consequential damages, minus the consequential benefits, but in no case will the consequential benefits exceed the consequential damages Fair Market Value is the price that may be agreed upon by parties who are willing but are not compelled to enter into a contract of sale Consequential Damages consist of injuries directly caused on the residue of the private property taken by reason of expropriation 6.Due Process of Law- that the defendant must be given an opportunity to be heard Point of Reference for Valuating a piece of property:
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Generally, the value must be that as of the time of the filing of the complaint for expropriation Exception: when the filing of the case comes later than the time of taking and meanwhile the value of the property has increased because of the use to which the expropriation has put it, the value is that of the time of the earlier taking; but if the value increased independently of what the expropriator did, then the value is that of the latter filing of the case. When municipal property is taken by the State, compensation is required if the property is a patrimonial property, that is, property acquired by the municipality with its private funds in its corporate or private capacity. However, if it is any other property such as a public building or legua comunal held by the municipality for the state in trust for the inhabitants, the state is free to dispose of it at will. Power of Taxation is the power by which State raises revenue to defray necessary expenses of the government Scope: it covers persons, property, or occupation to be taxed within taxing jurisdiction Basis: power emanating from necessity (lifeblood theory) Who may exercise? generally, the Legislature; but it can be exercised by the law-making bodies of the local government units (sec. 5, art. x) and the President (under sec. 28(2), art. vi or as incident of emergency powers that Congress may grant to him under sec. 23(2), art vi) Limitations of the Power of Taxation: inherent limitations 1. non-delegability of power 2. territorial or situs of taxation 3. exemption of government from taxation 4. international comity constitutional limitations 1. due process of law 2. equal protection of law 3. uniformity, equitability and progressivity of taxation 4. non-impairment of contracts 5. non-impairment for non-payment of poll tax 6. origin of appropriation, revenue and tariff bills 7. non-infringement of religious freedom 8. delegation of legislative authority to the President to fix tariff rates, import and export quotas, tonnage and wharfage dues

9. tax exemption of properties actually, directly and exclusively used for religious, charitable and educational purposes 10. majority vote of all members of Congress required in case legislative grant of tax exemptions 11. non-impairment of the Supreme Courts jurisdiction in tax cases 12. tax exemption of revenues and assets of, including grants, endowments, donations, or contributions to, educational institutions Rules of Interpretation: o Any question regarding the constitutionality of a tax measure must be resolved in favor of its validity. o Any doubt regarding the taxability of any person under a valid law must be resolved in favor of that person and against the taxing power o Any doubt as to the applicability of a tax exemption granted to a person must be resolved against the exemption Double Taxation happens additional taxes are laid: 1. on the same subject 2. by the same taxing jurisdiction 3. during the same taxing period, and 4. for the same purpose Despite lack of specific constitutional prohibition, double taxation will not be allowed if the same will result in a violation of the equal protection clause police power regulates both liberty and property exercised only by the government public necessity and the right of the state and of the public to selfpreservation and self-protection property intended for a noxious purpose is taken and destroyed compensation is the intangible, altruistic feeling that the individual has contributed to the public good eminent domain taxation affects only affects only property rights property rights may be exercised exercised only by by private entities the government necessity of the public necessity public for the use of private property property is wholesome and is devoted to public use or purpose compensation is full and fair equivalent of the property taken property is wholesome and is devoted to public use or purpose compensation is the protection and public improvements instituted by the government for the taxes paid
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contracts may be impaired

contracts may be impaired

contracts may not be impaired

police power 1. lawful subject 2. lawful means when exercised by a delegate: 3. express grant by law 4. within the territorial limits 5. must not be contrary to law

eminent domain 1. necessity 2. private property 3. taking 4. public use 5. just compensation 6. due process of law

sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domain It includes any territory that presently belongs or might in the future belong to the Philippines through any of the internationally accepted modes of acquiring territory. 3. including its sea bed, subsoil, insular shelves and other marine areas 4. waters around, between and connecting the islands of the archipelago regardless of breadth and dimensions form of the internal waters of the Philippines Territorial Sea: the belt of the sea located between the coast and internal waters of the coastal state on the one hand, and the high seas on the other, extending up to 12 nautical miles from the low water mark. Contiguous Zone: extends up to 12 nautical miles from the territorial sea. Although not part of the territory, the coastal state may exercise jurisdiction to prevent infringement of customs, fiscal, immigration or sanitary laws. Two-Hundred Mile Exclusive Economic Zone: it is not a part of the national territory but exclusive economic benefit is reserved for the country. Thus, the coastal state has in the exclusive economic zone: 1. sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living if the waters superadjacent to the seabed and subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the waters, currents and winds 2. jurisdiction with regard tothe establishment and use of artificial islands, installations and structures marine scientific research the protection and preservation of marine environment 3. other rights and duties provided for in the Convention (art. 56, UN Convention on the Law of the Sea) Territorial Jurisdiction is the power of the State over persons and things within its territory Entities exempt from this control are: 1. foreign states, head of states, diplomatic representatives and to certain degree, consuls 2. foreign state property, including their embassies, consulates and public vessels engaged in noncommercial activities 3. acts of States 4. foreign merchant vessels exercising their rights of
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tax license fee power of taxation- to police power- to raise revenue regulate rate or amount to be collected unlimited provided not confiscatory imposed on persons or property business or activity does not become illegal Amount limited to cost of (a) issuing the license and (b) necessary inspection or police surveillance paid for privilege of doing something but privilege is revocable business becomes illegal

National Territory Territory of the Philippines: 1. Philippine archipelago, with all the islands and waters embraced therein Archipelagic Doctrine: integration of a group of islands to the sea and their oneness so that together they can constitute one unit, one country, and one state. An imaginary single baseline is drawn around the islands by joining appropriate points of the outermost islands of the archipelago with straight lines and all islands and waters enclosed within the baseline form part of the territory. The main purpose is to protect the territorial interests of an archipelago. Two elements of archipelagic principle: 1. the definition of internal waters 2. the straight baseline method of delineating the territorial sea- consisting of drawing straight lines connecting appropriate points on the coast without departing to any appropriate extent from the general direction of the coast 2. all other territories over which the Philippines has

as to basis limitation object effect of nonpayment

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innocent passage or involuntary entry, such as arrival under distress 5. foreign armies passing through or stationed in its territory with its permission, and 6. such other persons and property , over which the state may, by agreement, waive jurisdiction Principles and State Policies Purpose of Separation of Powers: to prevent concentration of authority in one person or group of persons that might lead to irreparable error or abuse in exercise to the detriment of republican institutions (Pangasinan Transportation Co v Public Service Commission) Principle of Blending of Powers: instance when powers are not confined exclusively within one department but are assigned to or shared by several departments Principle of Check & Balances: allows one department to resist encroachments upon its prerogatives or to rectify mistakes or excess committed by the other departments The Principle of Non-Delegation of Powers means that a delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another. Its basis is the principle of potestas delegate non potest delegare. Exceptions (permissible delegation): 1. tariff powers of the President (sec. 28(2), art. vi) 2. emergency powers of President (sec. 23(2), art. vi) 3. delegation to the people (sec. 32, art. vi; sec. 10, art. x; sec. 2, art. xvii; RA 6753) 4. delegation to local government units (art.x; RA7160), 5. delegation to administrative bodies (power of subordinate legislation) Test for Valid Delegation: 1. completeness test: which provides that the law must be complete in all its terms and conditions when it leaves the legislature so that when it reaches the delegate, it will have nothing to do but to enforce it 2. sufficient standard test: which provides that the law must offer a sufficient standard to specify the limits of the delegates authority, announce the legislative policy and specify the conditions under which it is to be implemented State Principles regarding Foreign Policy: 1. renounces war as an instrument of national policy

2. incorporation clause- adopts the generally accepted principles of international law as part of the law of the land, and 3. adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations (sec. 2, art. ii) Amity with all nations, does not mean automatic diplomatic recognition of all nations. Diplomatic recognition remains a matter of executive discretion. Under the Doctrine of Incorporation, 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 or fiat. The Doctrine of Auto-Limitations is a doctrine where the Philippines adheres to principles of international law as a limitation to the exercise of its sovereignty. Supremacy of Civilian Authority (sec. 3, art. ii): ensured by1. the installation of the President, the highest civilian authority as the commander-in-chief of the military (sec. 18, art. vii) 2. the requirement that the members of the armed forces swear to uphold and defend the Constitution which is the fundamental law of the civil government 3. the professionalism of the service and the strengthening of the patriotism and nationalism and respect for human rights of the military 4. insulation of the armed forces from partisan politics 5. prohibition against appointment to a civil position 6. compulsory retirement of officers, so as to avoid propagation of power 7. a three-year limitation on the tour of duty of the Chief of Staff, which although extendible in case of emergency by the President, depends on congressional declaration of emergency 8. requirement of professional recruitment so as to avoid any regional clique from forming within the armed forces (sec. 5, art. xvi) 9. the establishment of a police force that is not only civilian in character but also under the local executives (sec. 6, art. xvi) Posse Commitatus is the power of the state to require all able-bodied citizens to perform civi duty to maintain peace and order. Separation of Church & State (sec. 6, art. ii)reinforced by6

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1. freedom of religion clause 2. non-establishment of religion clause 3. no religious test clause (sec. 5, art. iii) 4. no sectoral representative from religious sector (sec. 5(2), art. vi) 5. prohibition against appropriation for sectarian benefits (sec. 29(2), art. vi), and 6. religious denominations and sects cannot be registered as political parties (sec. 2(5), art. ix-c) Exceptions: 1. churches, personages, etc., actually, directly and exclusively used for religious, charitable and educational purposes shall be exempt from taxation (sec. 28(3), art. vi) 2. prohibition against appropriation for sectarian purposes, except when priest etc., is assigned to the armed forces, or to any penal institution or government orphanage or leprosarium (sec. 29(2), art. vi) 3. optional religious instruction for public elementary and high school students (sec. 3(3), art. xiv), and 4. Filipino ownership requirement for educational institutions, except those established by religious groups and mission boards (sec. 4(2), art. xiv) Decentralization of local governments (sec. 25, art. ii; art. x): decentralization of administration- delegation of administrative powers to local government unit in order to broaden the base of governmental powers decentralization of powers- abdication of political power in favor of local government units declared to be autonomous (Limbonas v Mangelin) Bill of Rights Bill of Rights is a set of prescriptions setting forth the fundamental civil and political rights of individual, and imposing limitations on the powers of government as a means of securing the enjoyment of those rights. Classification of Rights: 1. political rights- granted by law to members of community in relation to their direct or indirect participation in the establishment or administration of the government 2. civil rights- rights which municipal law will enforce at the instance of private individuals, for the purpose of securing them the enjoyment of their means of happiness 3. social and economic rights 4. human rights Due Process of Law Due process of law is that which hears before it condemns, and renders judgment only after trial

(Darmouth College v Woodward) Aspects of Due Process: 1. substantive due process 2. procedural due process Substantive Due Process requires the intrinsic validity of the law in interfering with the rights of the person to his life, liberty or property Requisites: 1. the interest of the public in general, as distinguished from that of a particular class require the intervention of the state 2. the means employed are reasonable necessary for accomplishment of purpose and not unduly oppressive Publication of laws is part of substantive due process (Tanada v Tuvera) The justice that procedural due process guarantees is the one which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial. Requisites of Civil Procedural Due Process: 1. an impartial court or tribunal clothed with judicial power to hear and determine matters before it 2. jurisdiction properly acquired over person of defending and over property which subject matter of proceeding 3. opportunity to be heard 4. judgment rendered upon lawful hearing and based on evidence adduced (Banco Espanol Filipino v Palanca) Requisites of Criminal Due Process (sec. 14(1), art. iii): 1. accused has been heard in a court of competent jurisdiction 2. accused is proceeded against under the orderly processes of law 3. accused is given notice and opportunity to be heard, and 4. judgment rendered within authority of constitutional law (Meija v Pamaran) Requisites of Administrative Due Process: 1. the 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. the tribunal must consider the evidence presented 3. the decision must have something to support itself 4. the evidence must be substantial 5. the decision must be based on evidence presented or at least contained in the record and disclosed to the parties
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6. the court must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate 7. the court should render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reasons for the decisions rendered (Ang Tibay v CIR) Requisites of due process for students before imposition of disciplinary sanctions: 1. must be informed in writing of the nature and cause of the accusation against him 2. right to answer charges of the accusation to answer charges against him, with the assistance of counsel, if desired 3. informed of the evidence against him 4. right to adduce evidence in his behalf 5. evidence must be duly considered by the investigating committee or official designated by the school to hear and decide the case (Ateneo de Manila University v Capulong) Instances when hearings are not necessary: 1. when the administrative agencies are exercising their quasi-legislative functions 2. abatement of a nuisance per se 3. granting by courts of provisional remedies 4. cases of preventive suspension 5. removal of temporary employees in the government service 6. issuance of warrants of distraint and/ or levy by the Commissioner of Internal Revenue 7. canceling of the passport of a person charged with a crime 8. issuance of sequestration orders 9. judicial order which prevents an accused from traveling abroad in order to maintain the effectivity of the Courts jurisdiction 10. suspension of a bank/s operations by the Monetary Board upon a prima facie finding of liquidity problems in such bank The notice and hearing are required in judicial and quasijudicial proceedings, but not in the promulgation of general rule. The right to appeal is neither a natural right nor part of due process. Instead, it is a mere statutory right, but once given, denial of which constitutes a violation of due process. Equal Protection of Law (sec. 1, art. iii) All persons or things similarly situated must be similarly treated both as to rights conferred and responsibilities

imposed Requisites of Valid Classification: 1. such classification rests upon substantial distinctions 2. it is germane to purpose of the law 3. it is not confined to existing conditions 4. it applies equally to all members of the same class (People v Vera) Searches and Seizures (sec. 2, art. iii) Scope: a popular right and hence, protects all persons, including aliens (Qua Chee Gan v Deportation Board) and to a limited extent, artificial persons (Bache & Co., Inc. v Ruiz) General Rule: search and seizures are unreasonable Exception: unless authorized by a validly issued search warrant or warrant of arrest Requisites for Valid Warrant: 1.Probable Cause- refers to such facts and circumstances antecedent to the issuance of a warrant that in themselves are sufficient to induce a cautious man to rely on them and act in pursuance thereof (People v Syjuco); it must refer to one specific offense (Asian Surety v Herrera) For a search warrant, probable case means such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched (Burgos v Chief of Staff) The probable cause for the issuance of a search warrant does not require that the probable guilt of a specific offender be established, unlike in the case of a warrant of arrest. The judge is not required to personally examine the complainant and his witnesses. What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause (Soliven v Makasiar); to be sure, the judge must go beyond the prosecutors certification and investigation report whenever necessary (Lim v Felix) 2. determination of probable cause personally by the judge search warrant warrant of arrest the judge must personally it is not necessary that the examine in the form of judge should personally searching questions and examine the complainant answers, in writing and and his witnesses (Soliven v
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under oath, the complaints and any witnesses he may produce on facts personally known to them (sec. 4, rule 126); the determination of probable cause depends to a large extent upon the finding or opinion of the judge who conducted the required examination of the applicant and the witnesses (Kho v Judge Makalintal)

Makasiar); the judge would simply personally review the initial determination of the prosecutor to see if it is supported by substantial evidence; he merely determines the probability, not the certainty of the accused and, in so doing, he need not conduct a de novo hearing (Webb v De Leon)

3. after personally examining under oath or affirmation of the complainant and the witness he may produce 4. on the basis of their personal knowledge of the facts they are testifying to 5. the warrant must described particularly the place to be searched and the things or person to be seized. search warrant The description of property to be seized need not be technically accurate nor necessarily precise, and its nature will necessarily vary according to whether the identity of the property or its character is a matter of concern; the description is required to be specific only in so far as the circumstances will allow (Kho v Judge Makalintal) warrant of arrest general warrants are proscribed and unconstitutional (Nolasco v Puno); however, a john doe warrant (a warrant for the apprehension of a person whose true name is unknown) satisfies the constitutional requirement of particularity if there is some description personae which will enable the officer to identify the accused

Warrantless arrest, when valid: 1. when person to be arrested has committed, is actually committing, or is attempting to commit an offense 2. when an offense has just been committed and he has probable cause to believe based on personal knowledge of facts that the person to be arrested has committed it 3. when the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from confinement to another 4. waiver of an invalid arrest- when a person who is detained applies for bail, he is deemed to have waived any irregularity which may have occurred in relation to his arrest 5. hot pursuitthe pursuit of the offender by the arresting officer must be continuous from the time of the commission of the offense to the time of the arrest there must be no supervening event which breaks the continuity of the chase 6. stop and frisk- when a policeman observes suspicious activity which leads him to believe that a crime is about to be committed, he can investigate the suspicious looking person and may frisk him for weapons as a measure of self protection; should he find, however, a weapon on the suspect which is unlicensed, he can arrest such person then and there for having committed an offense in the officers presence An application for or admission to bail shall not bar the accused from challenging the validity of his arrest, provided that he raises them before entering his plea (sec. 26, rule 114, Rules of Court) Warrantless Searches, when valid: 1. when right has been voluntarily waived (People v Malasugui) 2. as an incident to a lawful arrest, provided the search is contemporaneous to arrest and within permissible area of search A valid arrest must precede the search; the process cannot be reversed (People v Chua Ho San) 3. searches of vessel and aircraft for violation of fishery, immigration and customs law (Roldan v Arca) 4. searches of vessel and aircraft for violation of fishery, immigration and customs laws (Roldan v Arca) 5. inspection of building and other premises for the enforcement of fire, sanitary and building regulations 6. visual search at checkpoints (Valmonte v De Villa) 7. conduct of aerial target zoning and saturation drive in the exercise of military powers of the President
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The Commission of Immigration and Deportation may issue warrant only for purpose of carrying out a final decision of deportation (CID v Judge dela Rosa) or there is sufficient proof of guilt of an alien (Harvey v Defensor-Santiago) A General Warrant is one that does not allege any specific acts or omissions constituting the offense charged in the application for the issuance of the warrant. It contravenes the explicit demand of the bill of rights that the things to be seized be particularly described. The exclusionary rule provides that evidence obtained in violation of sec. 2, art. iii shall be inadmissible for any purpose in any proceedings (fruit of a poisonous tree doctrine) (Stonehill v Diokno)

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(Guazon v De Villa) 8. when there is a genuine reason to stop-and frisk in the light of the police officers experience and surrounding conditions to warrant a belief that the person detained has weapons concealed (Malacot v Court of Appeals) 9. where prohibited articles are in plain view (Chia v Acting Collector of Customs) Plain View Doctrine: provides that objects within the sight of an officer who has the right to be in a position to have that view are subject to seizure and may be presented as evidence (open to the eye and hand) Elements: 1. a prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties 2. the evidence was inadvertently discovered by the police who have the right to be where they are 3. the evidence must be immediately apparent 4. plain view justified mere seizure of evidence without further search (People v Bolasa) Privacy of Communication and Correspondence Limitations: 1. by lawful order of the court 2. public safety or public order requires otherwise, as may be provided by law (sec. 3, art. iii) Under the exclusionary rule, any evidence obtained shall be inadmissible for any purpose in any proceeding; however, in the absence of governmental interference, the protection against unreasonable search and seizure cannot be extended to acts committed by private individuals (People v Martin) Freedom of Expression Aspects: 1. freedom from censorship or prior restraint 2. freedom from subsequent punishment Protected Speech includes every form of expression, whether oral, written, tape or disc recorded. It includes motion pictures as well as what is known as symbolic speech such as the wearing of an armband as a symbol of protest. Peaceful picketing has also been included with the meaning of speech. Prohibition does not apply when: 1. during a war (Near v Minnesota) 2. obscene publications Standard for allowable subsequent punishment: 1. clear and present danger rule: the question in every case is whether the words used are used in such

circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. It is a question of proximity and degree (Schenck v US) clear- means causal connection with the danger of the substantive evil arising from the utterance questioned present- pertains to time element, identified with imminent and immediate danger; the danger must not only be probable, but very likely inevitable 2. dangerous tendency rule: words uttered create a dangerous tendency of an evil which the State has a right to prevent (Cabansag v Fernandez) 3. balancing of interest rule: the court must undertake the delicate and difficult task of weighing the circumstances and appraising the substantiality of the reasons advanced in support of the regulation of the free enjoyment of rights (American Communications Association v Douds) Under O Brien test, even if a law furthers an important or substantial governmental interest, it should be invalidated if such governmental interest is not unrelated to the suppression of free expression. Moreover, even if the purpose is unrelated to the suppression of free speech, the law should nevertheless be invalidated if the restriction on freedom of expression is greater than is necessary to achieve the governmental purpose in question. Under the test, a government regulation is sufficiently justified1. if it is within the constitutional power of the government 2. if it furthers an important or substantial government interest 3. if the governmental interest is unrelated to the suppression of free expression, and 4. if the incidental restriction on alleged First Amendment freedoms (of speech , expression and press) is no greater than is essential to the furtherance of that interest (United States v O Brien) The doctrine of fair comment means that while in general every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is deemed malicious, nevertheless, when the discreditable imputation is directed against a public person in his public capacity, it is not necessarily actionable. In order that such discreditable imputation to a public official may be actionable, it must either be a false allegation of fact or a comment based on a false supposition. If the comment is an expression of opinion, based on established facts, then it is immaterial that the opinion happens to be mistaken, as long as it might reasonably be inferred from the facts (Borjal v CA) Assembly and petition
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The standard for allowable impairment of speech and press also apply to the right of assembly and petition. The right to assembly is not subject to prior restraint and may not be conditioned upon the prior issuance of a permit or authorization from the government authorities. However, the right must be exercised in such a way as will not prejudice the public welfare (De la Cruz v Court of Appeals) If assembly is to be held at a public place, permit for the use of such place, and not for the assembly itself may be validly required. Power of local officials is merely for regulation and not for prohibition (Primicias v Fugoso) Permit for public assembly is not necessary if meeting is to be held in: 1. a private place 2. the campus of a government-owned or operated educational institutions, or 3. a freedom park (BP 880) Freedom of religion (sec. 5, art. iii) The non-establishment clause does not depend upon any showing of direct governmental compulsion. It is violated by the enactment of laws which establish an official religion whether those laws operate directly to coerce non-observing individuals or not. The free exercise of religion clause withdraws from legislative power the exertion of any restraint on the free exercise of religion. In order to show a violation of this clause, the person affected must show the coercive effect of the legislation as it operates against him in the practice of religion Two requisites in order for a law to comply with the nonestablishment clause: 1. it has a secular legislative purpose 2. its primary effect neither advances nor inhibits religion Requisites for the government aid to be allowable: 1. it must have a primary effect that neither advances nor inhibits religion 2. it must not require exercise entanglement with recipient institutions 3. it must not require excessive entanglement with recipient institutions Dual aspect of freedom of religious belief and worship: 1. freedom to believe (which is absolute) 2. freedom to act on ones belief (which is subject to regulation) Liberty of abode (sec. 6, art. iii) Limitation to liberty of abode: lawful order of the court Limitation to right to travel: 1. in the interest of national security, public safety, public health, as may be provided by law 2. any person on bail (Silverio v CA) The right to travel and the liberty of abode are distinct from the right to return to ones country, as shown by the

fact that the Declaration of Human Rights and the Covenant on Human Rights have separate guarantees for these. Hence, the right to return to ones country is not covered by the specific right to travel and liberty of abode (Marcos v Manglapus) Right to information (sec. 7, art. iii) Rights guaranteed: 1. right to information to matters of public concern 2. corollary right of access to official records and documents These are political rights that are available to citizens only. The government has discretion with respect to the authority to determine what matters are of public concern and the authority to determine the manner of access to them. Recognized restrictions on the right of the people to information: 1. national security matters 2. intelligence information 3. trade secrets 4. banking transactions 5. diplomatic correspondence 6. executive sessions 7. closed door cabinet meetings 8. Supreme Court deliberations Right to form associations (sec. 8, art. iii) The right to form association shall not be impaired without due process of law and is thus an aspect of the right of liberty. It is also an aspect of the freedom of contract, in addition, insofar as the association may have for their object the advancement of beliefs and ideas, the freedom of association is an aspect of the freedom of speech and expression, subject to the same limitations. The right also covers the right not to join an association. Non-impairment of contracts (sec. 10, art. iii) When does a law impair the obligation of contracts: 1. if it changes the terms and conditions of legal contract either as to the time or mode of performance 2. if it imposes a new conditions or dispenses with those expressed 3. if it authorizes for its satisfaction something different from that provided in its terms A mere change in procedural remedies which does not change the substance of the contract, and which still leaves an efficacious remedy for enforcement does not impair the obligation of contracts Limitations: 1. police power, which prevails over contracts 2. eminent domain, which may impair obligations of contracts 3. taxation, which cannot impair obligation of contracts Right of an accused under custodial investigation (sec.
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12, art. iii) 1. right to be informed of his right to remain silent and to counsel Rationale: to make him aware of it to overcome the inherent pressure of the interrogating atmosphere to show the individual that his interrogators are prepared to recognize his privilege should he choose to invoke it It carries the correlative obligation on the part of the investigator to explain, and contemplates effective communication which results in the subject understanding what is conveyed (People v Agustin) 2. right to be reminded that if he waives his right to remain silent, anything he says can and will be used against him Rationale: to warn him of the consequences of waiving his right to remain silent, and to make him aware that this is an adversary system and the police are not acting in his interest 3. right to remain silent 4. right to have competent and independent counsel preferably of his own choice Rationale: to mitigate the dangers of untrustworthiness in his testimony, since the inherent pressure initially overcome by the right to remain silent may again run unless coupled with the right to counsel to lessen the possibility of coercion by the police Preferably of his own choice does not mean that the choice of a lawyer is exclusive as to preclude other equally competent and independent attorneys from handling the defense (People v Barasina) 5. right to be provided with counsel, if the person cannot afford the services of former Rationale: to inform him that if he does not have counsel or cannot afford one, he does not have to defend himself alone to inform him that his poverty is no reason why he should lose his right to counsel While the choice of the lawyer is naturally lodged in the police investigators, the suspect has the final choice as he may reject the counsel chosen for him and ask for another one (People v Jerez) 6. no force, etc., which vitiates free will shall be used 7. secret detention place, etc., are prohibited 8. confessions/ admissions obtained in violation of these rights are inadmissible as evidence What is sought to be avoided by the rule is the evil of extorting from the very mouth of the person undergoing

interrogation for commission of an offense the very evidence with which to prosecute and thereafter to convict him (People v Bonola) When available: the rights under sec. 12, art. iii, are available when the investigation is no longer a general inquiry unto an unsolved crime but has begun to focus on a particular suspect, the suspect has been taken into police custody, the police carry out a process of interrogation that lends itself to eliciting incriminating statements (People v Mara) Sec. 12 of RA 7438 provides that custodial investigation shall include the practice of issuing an invitation to a person who is under investigation in connection with an offense he is suspected to have committed. What rights may be waived: 1. the right to remain silent 2. the right to counsel The waiver must be in writing and in the presence of counsel. What rights cannot be waived: 1. the right to be informed of his right to remain silent and to counsel 2. the right to counsel when making the waiver of the right to remain silent or to counsel Rights of person suspected and subsequently charged: before the case is filed in court/ prosecutor for preliminary investigation but after being put into custody to or otherwise deprived of liberty, and on being interrogated by police1. to remain silent 2. to be informed thereof 3. not to be subjected to force, violence, threat or intimidation which vitiates free will 4. to have evidence obtained in violation of these rights inadmissible as evidence after the case is filed in court1. to refuse to be a witness against himself 2. not to have prejudice imputed on him as a result of such refusal 3. to testify on his behalf 4. to cross-examine 5. while testifying, to refuse questions which tend to incriminate him for some crime other than present charge Right to bail (sec. 13, art. iii) Bail is a security given for the release of a person in custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under conditions specified under the rules of court The right to bail may be invoked once detention commences even if no formal charges have yet to be filed (Teehankee v Rovira) Suspension of the writ of habeas corpus does not suspend the right to bail (sec. 13, art. iii) Even when the accused has previously jumped bail, still
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he cannot be denied bail before conviction if it is a matter of right. The remedy is to increase the amount of bail (Sy Guan v Amparo) All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or be released on recognizance as prescribed by law or rule: 1. before or after conviction by the municipal trial courts, and 2. before conviction of the regional trial court of an offense not punishable by death, reclusion perpetua or life imprisonment (sec.4, rule 114, Rules of Court) Upon conviction by the regional trial court of an offense not punishable by death, reclusion perpetua or life imprisonment, the court, on application may admit the accused to bail. The court, in its discretion, may allow the accused to continue on provisional liberty after the same bail bond during the period to appeal subject to the consent of the bondsman. If the Court imposed a penalty of imprisonment exceeding 6 years but not more than 20 years, the accused shall be denied bail, or his bail previously granted shall be cancelled, upon showing by the prosecution, with notice to the accused, of the following or other similar circumstances: 1. that the accused is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteracion 2. that the accused is found to have previously escaped from legal confinement, evaded sentence, or has violated the conditions of his bail without valid justification 3. that the accused committed the offense while on probation, parole or under conditional pardon 4. that the circumstances of the accused or his case indicate the probability of flight if released on bail 5. that there is undue risk that during the pendency of the appeal, the accused may commit another crime (sec. 5, rule 114, Rules of Court) Whether bail is a matter of right or of discretion, reasonable notice of hearing is required to be given the prosecution, or at least he must be asked for its recommendation, because in fixing the amount of bail, the judge is required to take into account a number of factors (Cortes v Judge Catral) Factors considered in settling the amount of bail: 1. financial ability of accused 2. nature and circumstances of offense 3. penalty of offense 4. character and reputation of accused 5. age and health of accused 6. weight of evidence against him 7. probability of his appearance at trial 8. forfeiture of other bail

9. whether he was a fugitive from justice when arrested 10. pendency of other cases where he is on bail Excessive bail shall not be required (sec. 9, rule 114, Rules of Court) No person, regardless of the stage of criminal prosecution, shall be admitted to bail if: 1. charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, and 2. evidence of guilt is strong (sec. 7, rule 114, Rules of Court) When the accused is charged with an offense punishable by reclusion perpetua or higher, a hearing on the motion for bail must be conducted by the judge to determine whether or not the evidence of guilt is strong (Baylon v Judge Sison) Without hearing, the judge could not possibly assess the weight of the evidence against the accused before granting the latters application for bail (Buzon v Judge Velasco) Rights of the accused (sec. 14, art. iii) Criminal due process: 1. accused to be heard in court of competent jurisdiction 2. accused proceeded against under orderly processes of law 3. accused given notice and opportunity to be heard 4. judgment rendered was within the authority of constitutional law Presumption of innocence: every circumstance favoring the innocence of the accused must be taken into account; the proof against him must survive the test of reason; the strongest suspicion must not be permitted to sway judgment (People v Austria) Equipoise or equiponderance of evidence: evidence of both sides are equally balanced Effect in criminal prosecution of equipoise or equiponderance of evidence: acquittal of the accused because it is insufficient to overcome presumption of innocence Right to be heard by himself and counsel: the accused is amply accorded legal assistance extended by a counsel who commits himself to the cause of the defense and acts accordingly; an efficient and truly decisive legal assistance, and not simply a perfunctory representation (People v Bernas) The right to counsel during the trial is not subject to waiver (Flores v Ruiz) Right to be informed of nature and cause of accusation against him The real nature of the crime charged is determined from the recital of facts in the information. It is not determined based on the caption or preamble thereof nor from the
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specification of the provision of law allegedly violated. Under the void-for-vagueness rule, the defendant is denied the right to be informed of the charge against him, and to due process as well, where the statute itself is couched in such indefinite language that it is not possible for men of ordinary intelligence to determine therefrom what acts or omissions are punished and, hence, should be avoided. If the information fails to allege the material elements of the offense, the accused cannot be convicted thereof even if the prosecution is able to present evidence during the trial with respect to such elements. Right to speedy, impartial and public trial Speedy means free from vexatious, capricious and oppressive delays Factors used in determining whether the right to a speedy trial has been violated: 1. time expired from the filing of the information 2. length of delay involved 3. reasons for the delay 4. assertion or non-assertion of the right by the accused 5. prejudiced caused to the defendant Impartial happens when the accused is entitled to cold neutrality of an impartial judge Public, to prevent possible abuses which may be committed against the accused Right to meet the witness face to face If the failure of the accused to cross-examine a witness is due to his own fault or was not due to the fault of the prosecution, the testimony of the witness should be excluded. The right to cross-examine is demandable only during trials. Thus, it cannot be availed of during preliminary investigations. The right to cross-examine may be waived. Exceptions to the right of confrontation: 1. the admissibility of dying declarations 2. trial in absentia under sec. 14(2) 3. with respect to child testimony Right to compulsory process to secure attendance of witnesses and production of evidence Trial in absentia: after arraignment, trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustified (Aquino v Military Commission No. 2) Requisites for trial in absentia: 1. the accused has already been arraigned 2. he has been duly notified of the trial 3. his failure to appear is unjustified The writ of habeas corpus is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to, to submit

to, and receive whatever the Court or judge awarding the writ shall consider in his behalf Habeas corpus lies only where the restraint of a persons liberty has been judicially adjudged to be illegal or unlawful (In re: Petition for Habeas Corpus of Wilfredo Sumulong-Torres) Right to speedy determination of cases (sec. 16, art. iii) All persons shall have the right to speedy disposition of cases before judicial, quasi-judicial and administrative bodies. While the right of the accused (sec. 14) only apply to the trial phase of criminal cases, the right to a speedy disposition of cases covers all phases of judicial, quasijudicial or administrative proceedings. Self-incrimination (sec. 17, art. iii) Availability: not only in criminal proceedings, but also in all other government proceedings, including civil actions and administrative or legislative investigations; may be claimed not only by an accused but by a witness to whom an incriminating question is addressed. A question tends to incriminate when the answer of the accused or the witness would establish a fact which would be a necessary link in a chain of evidence to prove the commission of a crime by the accused or the witness. Scope: applies only to testimonial compulsion and production documents, papers and chattels in court except when books of account are to be examined in the exercise of power of taxation and police power. Transactional immunity statute: testimony of any person or whose possession of documents or other evidence necessary or convenient to determine the truth in any investigation conducted is immune from criminal prosecution for an offense to which such compelled testimony relates (sec. 18(8), art. xiii) Use and fruit immunity statute: prohibits the use of a witness compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness (Galman v Pamaran) Non-detention by reason of political beliefs or aspiration (sec. 18(1), art. iii) No person shall be detained by reason of his political beliefs or aspirations Involuntary servitude (sec. 18(2), art. iii) Condition where one is compelled by force, coercion, or imprisonment, and against his will, to labor for another, whether he is paid or not. General rule: no involuntary servitude shall exist. Except: 1. as punishment for a crime whereof one has been duly convicted (sec. 18(2), art. iii) 2. service in defense of the state (sec.4, art. ii) 3. naval enlistment (Robertson v Baldwin) 4. posse comitatus (US v Pompeya) 5. return to work order in industries affected with
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public interest (Kaisahan ng Manggagawa sa Kahoy v Gotamco Sawmills) 6. patria potestas (par. 2, art. 211, Family Code) Prohibited punishments (sec. 19, art. iii) Prohibited punishment: mere severity does not constitute cruel or unusual punishment; to violate constitutional guarantee, penalty must be flagrant and plainly oppressive, disproportionate to nature of offense as to shock senses of community Standards used: 1. the punishment must not be so severe as to be degrading to the dignity of human beings 2. it must not be applied arbitrarily 3. it must not be unacceptable to contemporary society 4. it must not be excessive Non-imprisonment for debts (sec. 20, art. iii) No person shall be imprisoned for debt or non-payment of poll tax. Coverage: 1. debt- any civil obligation arising from a contract 2. poll tax- a specific sum levied upon any person belonging to a certain class without regard to property or occupation A fraudulent debt may result in the imprisonment of the debtor if: 1. the fraudulent debt constitutes a crime such as estafa 2. the accused has been duly convicted A tax is not a debt since it is an obligation arising from law hence its non-payment may be validly punished with imprisonment. If an accused fails to pay the fine imposed upon him, this may result in his subsidiary imprisonment because his liability is ex delicto and not ex contractu Double jeopardy (sec. 21, art. iii) To constitute jeopardy there must be 1. a valid complaint or information 2. filed before a competent court 3. to which the defendant had pleaded 4. of which he had been previously acquitted or convicted or which was dismissed or otherwise terminated without his express consent (People v Ylagan) Two types: 1. no person shall be twice put in jeopardy of punishment for the same offense 2. if an act is punishable by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. Dismissal of action, when made at instance of the accused, does not put accused in first jeopardy, except: 1. when the ground for dismissal is insufficiency of evidence, or 2. when the proceedings have been unreasonably

prolonged as to violate the right of the accused to a speedy trial Crimes covered: 1. same offense; or attempt to commit or frustration thereof or for any offense which necessarily includes or is necessarily included in the offense charged in original complaint or information and 2. when act is punished by a law and an ordinance, conviction or acquittal under either shall bar another prosecution for the same act Under the doctrine of supervening event, the accused may be prosecuted for another offense if a subsequent development changes the character of the first indictment under which he may have already been charged or convicted Conviction of accused shall not bar another prosecution for an offense which necessarily includes the offense originally charged when: 1. graver offense developed due to supervening facts arising from the same act or omission 2. facts constituting graver offense arose or discovered only after filing of former complaint or information, and 3. plea of guilt to lesser offense was made without the consent of the prosecutor or offended party (People v Judge Villarama) Under the case of Kurating Baleleng cases, the new rule (sec. 8, rule 117) has fixed a time-bar of one-year or two years for the revival of criminal cases provisionally dismissed with the expressed consent of the accused and with a prior notice to the offended party. The time-bar cannot be applied retroactively in 1999 when the cases were dismissed for to so, the state shall effectively have less than two years to reopen the case because the rule on took effect in December 2000. This would prevent absurd results and injustice to the State (People v Lacson) Ex post facto and bill of attainder (sec. 22, art. iii) An "ex post facto law" is a law that seeks to punish an act which, when committed, was not yet a crime or was not as heavily punished. Kinds of ex post facto law: 1. law making an act criminal which was before its passage 2. law aggravating a penalty for crime committed before passage 3. law inflicting a greater or more severe penalty 4. law altering the legal rules of evidence and receiving less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender 5. law assuming to regulate civil rights and remedies only, in effect imposes a penalty or the deprivation of a right for something which when done was lawful
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6. law depriving accused of some lawful protection to which they have become entitled, such as the protection of a former conviction or acquittal, or of a proclamation of amnesty Characteristics: 1. refer to criminal matters 2. be retroactive in its application 3. to the prejudice of the accused A bill of attainder is a law which substitutes the legislative determination of guilt for a judicial determination. Citizenship Citizenship is membership in a political community which is personal and more or less permanent in character Modes of acquiring citizenship: 1. by birth jus sanguinis jus soli 2. by naturalization 3. by marriage Citizens of the Philippines (sec. 1, art. iv): 1. those who are citizen of the Philippines at the time of the adoption of the Constitution; those who are citizens under the Treaty of Paris those declared citizens by judicial declaration applying the jus soli principle, before Tio Tiam v Republic those who are naturalized in accordance with law (Act 2927) those who are citizens under the 1935 Constitution those who are citizens under the 1973 Constitution 2. those whose fathers or mothers are citizens of the Philippines; 3. those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority; time to elect: three years after age of majority 4. those who are naturalized in accordance with law. Caram rule: under the 1935 Constitution, those born in the Philippines of foreign parents, who before the adoption of the Constitution had been elected to public office in the Philippines, are considered Filipino citizens. The constitution, in providing that those whose fathers are citizens of the Philippines, makes no distinction between legitimate and illegitimate children. Legitimacy or illegitimacy has no relevance to elective public office. Hence, an illegitimate child of a Filipino father and an alien mother be considered a natural-born Filipino citizen and thus be qualified to run for President of the Philippines. (Tecson v COMELEC) Natural born citizens (sec.2, art. iv) are:

1. those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship 2. those who elect Philippine citizenship upon reaching the age of majority Who must be natural born citizens: 1. President sec. 2, art. vii 2. Vice-President sec. 3, art. vii 3. Members of Congress secs. 3 and 6, art. vi 4. Justices of the Supreme Court sec. 7(1), art. viii and lower collegiate courts 5. Ombudsman and his deputies sec. 8, art. xi 6. Constitutional Commissions sec. 1(1), art. ix-b; sec. 1(1), art. ix-c; sec. 1(1), art. ix-d 7. Members of the sec. 20, art. xii Central Monetary Authority 8. Members of the Commission sec. 17(2), art. xiii on Human Rights Naturalization Qualifications: 1. he must not be less than 18 years old at the date of hearing 2. he must have resided in the Philippines for a continuous period of not less than ten years; and may be reduced to five years for any of the following qualificationshaving honorably held office in the Philippines having established a new industry or introduced a useful invention in the Philippines being married to a Filipino woman having been engaged as a teacher in the Philippines in a public or recognized private school not established for the exclusive instruction of a particular nationality or race, in any of the branches of education or industry for a period of not less than two years having been born in the Philippines. 3. he must be of good moral character and believes in the principles underlying the Philippine Constitution, and must have conducted himself in an irreproachable conduct during the entire period of his residence in the Philippines in his relation with the constituted government as well as with the community in which he is living 4. he must own real estate in the Philippines worth not less than P5,000 or must have some known lucrative trade, profession or lawful occupation 5. must be able to speak and write English or Filipino or English and any principal Philippine dialect 6. he must have enrolled his minor children of school age in any of the public schools or private schools recognized by the government and civics are taught or prescribed as part of the school curriculum, during the
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entire period of the residence in the Philippines prior to the hearing of his petition The declaration of intention must be filed with the Office of the Solicitor-General one year before filing of application for naturalization. Exceptions: 1. those born in the Philippines and received primary and secondary education in a Philippine school 2. those who have resided in the Philippines for 30 years 3. the widow or children of the applicant who died before his application was granted Disqualification for naturalization: 1. persons opposed to organized government or affiliated with any association or group of persons who uphold and teach doctrines opposing all organized governments 2. persons defending or teaching the necessity or propriety of violence, personal assault, or assassination for the success and predominance of their ideas 3. polygamists, or believers in the practice of polygamy 4. persons convicted of a crime involving moral turpitude 5. persons suffering from mental alienation or incurable contagious disease 6. persons who, during the period of their residence in the Philippines, have not mingled socially with Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions, and ideals of the Filipinos 7. citizens or subjects of nations with whom the Philippines is at war, during the period of such war 8. citizens or subjects of a foreign country whose laws do not grant Filipinos the right to become naturalized citizens or subjects thereof Judicial procedure: 1. at least one year before he files his petition for naturalization, the applicant shall file with the Office of the Solicitor General a declaration of his intention to be a citizen of the Philippines 2. the next step is the filing of the petition for naturalization with the regional trial court of the province or city where the petitioner has resided for at least one year 3. upon receipt of the petition, the clerk of court shall have the duty of publishing the same in the Official Gazette and in one newspaper of general circulation in the province or city once a week for three consecutive weeks and to post notices thereof and of the hearing 4. at least six months after the last publication, but in no case within 30 days before any election, the hearing shall begin, at which the petitioner shall establish all the allegations of his petition, to be corroborated by at least

two credible witnesses 5. if the petitioner is able to prove that he has all the qualifications and none of the disqualifications for naturalization, his petition shall be granted and the decision shall become final after 30 days from notice 6. the decision shall become executory only after the period of two years during which the petitioner shall continue to be under probation, as it were, so the government can be doubly sure he is entitled to be naturalized as a citizen of the Philippines 7. following the two-year probation period, the applicant may apply for administration of the oath of citizenship in accordance with the decision approving his petition for naturalization 8. the last step in the naturalization process is the administration of the oath of citizenship, by virtue of which the petitioner shall embrace Philippine citizenship and renounce allegiance to any foreign State Administrative procedure: 1. filing with the Special Committee on Naturalization of a petition 2. publication of pertinent portions of the petition once a week for three consecutive weeks in a newspaper of general circulation, with copies thereof posed in any public or conspicuous area 3. copies also furnished the Department of Foreign Affairs, Bureau of Immigration and Deportation, the civil registrar of petitioners place of residence and the National Bureau of Investigation which shall post copies of the petition in any public or conspicuous areas in their buildings offices and premises and within 30 days submit to the Committee a report stating whether or not petitioner has any derogatory record on file or any such relevant and material information which might be adverse to petitioners application for citizenship 4. Committee shall, within 60 days from receipt of the record of the report of the agencies, consider and review all information received pertaining to the petition (if Committee receives any information adverse to the petition, the Committee shall allow the petitioner to answer, explain or refute the information 5. Committee shall then approve or deny the petition 6. within 30 days from approval of the petition, applicant shall pay to the Committee a fee of P100,000, then take the oath of allegiance and a certificate of naturalization shall issue. 7. within 5 days after the applicant has taken his oath of allegiance, the Bureau of Immigration shall forward a copy of the oath to the proper local civil registrar, and thereafter, cancel petitioners alien certificate of registration Effects of naturalization: 1. if the wife is legally married to the naturalized husband, and she does not suffer from any of the
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disqualifications, she is entitled to be declared a citizen as well 2. if a child is a minor and born in the Philippines, he automatically becomes a citizen upon the naturalization of the father If a child is a minor born abroad before the naturalization of the father, and: 1. if residing in the Philippines at the time of naturalization, automatically becomes a citizen 2. if not residing in the at the time of naturalization, he is considered citizen only during his minority, unless he takes permanent residence in the Philippines before reaching majority age If a child is a minor born abroad after the naturalization of the father, he is considered citizen on the condition that upon reaching the age of majority, he takes an oath of allegiance in the Philippine consulate of the place where he may be Grounds for denaturalization: 1. if it is shown that said naturalization certificate was obtained fraudulently or illegally 2. if within the five years next following the issuance of said naturalization certificate, return to his native country or to some foreign country and establish his permanent residence therein 3. if the petition was made on an invalid declaration of intention 4. if it is shown that the minor children of the person naturalized failed to graduate from a public or private high schools recognized by the government through the fault of their parents either by neglecting to support them or by transferring them to another school or schools 5. if it is shown that the naturalized citizen has allowed himself to be used as a dummy Effects of denaturalization: 1. if the ground affects intrinsic validity of proceedings, denaturalization shall divest wife and children of their derivative naturalization and 2. if the ground is personal, the wife and children shall retain their citizenship Doctrine of indelible allegiance: an individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeited it under the laws of the second state whose nationality he has acquired. Loss of Philippine citizenship: 1. by naturalization in a foreign country 2. by express renunciation of citizenship or expatriation The mere application or possession of an alien certificate of registration does not amount to renunciation (Mercado v Manzano) 3. by subscribing to an oath of allegiance to support the Constitution or laws of a foreign country upon

attaining 21 years of age Provided that a Filipino may not divest himself of Philippine citizenship in any manner while the Philippines is at war with any country 4. by rendering service to or accepting commission in the armed forces of a foreign country: provided, that the rendering of service to, or the acceptance of such commission in, the armed forces of a foreign country, and the taking of an oath of allegiance incident thereto, with the consent of the Philippines, shall not divest a Filipino of his Philippine citizenship if either of the following circumstances is present 5. by cancellation of the certificate of naturalization 6. by having been declared by competent authority, a deserter of the Philippine armed forces in time of war General rule: res judicata does not set in citizenship cases. Exceptions: 1. persons citizenship is resolved by court or an administrative body as a material issue in the controversy, after a full-blown hearing 2. with the active participation of the Solicitor General or his representative 3. finding of his citizenship is affirmed by the Supreme Court Reacquisition of citizenship: 1. by naturalization 2. by repatriation Repatriation shall be effected by taking the necessary oath of allegiance to the Republic of the Philippines and registration in the proper civil registry and in the Bureau of Immigration shall thereupon cancel the pertinent alien certificate of registration and issue the certificate of identification as Filipino citizen to the repatriated citizen. It allows the person to recover or return to his original status before he lost his Philippine citizenship (Bengzon III v HRET) 3. by direct act of Congress Upon taking the oath of allegiance to the Republic: 1. natural born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are deemed to have re-acquired Philippine citizenship and 2. natural born citizens of the Philippines who, after the effectivity of the said Act become citizens of a foreign country shall retain their Philippine citizenship (RA 9225) Derivative citizenship: the unmarried child, whether legitimate, illegitimate or adopted, below 18 years of age, of those who re-acquired Philippine citizenship upon effectivity of the Act shall be deemed citizens of the Philippines (RA 9225) Dual allegiance (sec. 5, art. iv) dual citizenship dual allegiance
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arises when as a result of concurrent application of the different laws of two or more states, a person is simultaneously considered a national by said states involuntary

refers to the situation where a person simultaneously owes, by some positive act, loyalty to two or more states result of an individuals volition and is prohibited by the constitution

Suffrage Suffrage is the right to vote in elections. Who may exercise (sec. 1, art. v): 1. all citizens of the Philippines, not otherwise disqualified by law 2. at least 18 years of age 3. resided in the Philippines for at least one year, and 4. resided in the place they propose to vote for at least 6 months immediately preceding the election Disqualifications: 1. any person sentenced by final judgment to imprisonment of not less than one year, which disability has not been removed by plenary pardon 2. any person adjudged by final judgment of having violated his allegiance to the Republic of the Philippines 3. insane or feeble-minded persons Residence has dual meaning: 1. first, as a requirement of residence in the Philippines: which is synonymous with domicile imports both intention to reside and personal presence coupled with conduct indicative of such intention 2. second, as a requirement of residence in the place where one intends vote can mean domicile or temporary residence Requisites of acquisition of domicile by choice: 1. residence or bodily presence in the new locality 2. an intention to remain there and 3. an intention to abandon the residence (Gallego v Verra) The Overseas Absentee Voting Act of 2003 (RA 9189) Absentee voting is the process by which qualified citizens of the Philippines abroad exercise their right to vote Overseas absentee voter refers to a citizen of the Philippines who is qualified to register and vote under the Act, not otherwise disqualified by law, who is abroad on the day of elections Coverage: all citizens of the Philippines abroad, who are not otherwise disqualified by law, at least 18 years of age on the day of election, may vote for president, vicepresident, senators and party-list representatives Disqualifications:

1. those who have lost their Filipino citizenship in accordance with Philippine laws 2. those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country 3. those who have committed and are convicted in a final judgment by a court or tribunal of an offense punishable by imprisonment of not less than one year, including those who have committed and been found guilty of disloyalty as defined under art. 137 of the Revised Penal Code, such disability not having been removed by plenary pardon or amnesty; provided, however, that any person disqualified to vote under the subsection shall automatically acquire the right to vote upon expiration of five years after service of sentence, provided further, that the Commission may take cognizance of final judgments issued by foreign courts or tribunals only on the basis of reciprocity and subject to the formalities and processes prescribed by the Rules of Court on execution of judgments 4. an immigrant or a permanent resident who is recognized as such in the host country, unless he executes, upon registration, an affidavit prepared for the purpose by the Commission declaring that he shall resume actual physical permanent residence in the Philippines not later than three years from approval of his registration under the Act; such affidavit shall also state that he has not applied for citizenship in another country; failure to return shall be the cause for the removal of the name of the immigrant or permanent resident from the National Registry of Absentee Voters and his permanent disqualification to vote in absentia 5. any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad, as verified by the Philippine embassies, consulates or foreign service establishments concerned, unless such competent authority subsequently certifies that such person is no longer insane or incompetent Legislative department Legislative power Legislative power is the power of lawmaking, the framing and enactment of laws It is vested in Congress, except to the extent reserved to the people by provision on initiative and referendum. Classification: 1. original- possessed by the people in their sovereign capacity 2. delegated- possessed by Congress and other legislative bodies by virtue of the constitution 3. constituent- the power to amend or revise the constitution 4. ordinary- the power to pass ordinary laws The peoples participation in the government consists of:
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1. suffrage 2. plebiscite ratifying the Constitution (sec. 27, art. xviii) approving any amendment thereto (sec. 4, art. xvii) approving any changes in boundaries of local government units, mergers, divisions or abolitions of local government units (sec. 10, art. x) creating metropolitan authorities (sec. 11, art. x) creating autonomous regions (sec. 18, art. x) 3. referendum and initiative Initiative is the power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose Classes of initiative: 1. initiative on the Constitution- petition proposing amendments to the Constitution 2. initiative on statutes- petition proposing to enact a national legislation 3. initiative on local legislation- petition proposing to enact a regional, provincial, city, municipality or barangay law, resolution or ordinance Limitations: 1. power of local initiative shall not be exercised more than once a year 2. initiatives shall extend only to subjects or matters which are within the legal powers of the local legislative bodies to enact 3. if at anytime before the initiative is held, the local legislative body shall adopt in toto the proposition presented, the initiative shall be cancelled Limitations on local legislative body vis--vis local initiative: any proposition or ordinance approved through an initiative and referendum or amended by the sanggunian within six months from the date of approval thereof, and may be amended, modified or repealed within three years thereafter by a vote of 3/4 of all its members; in case of barangays, the period shall be 18 months after approval (sec. 125, RA 7160) Indirect initiative is the exercise of initiative by the people through a proposition sent to Congress or the local legislative body for action Referendum is the power of the electorate to approve or reject legislation through an election called for that purpose. Classes of referendum: 1. referendum on statutes- petition to approve or reject an act or law, or part thereof, passed by Congress 2. referendum on local laws- legal process whereby the registered voters of the local government units may approve, amend or reject any ordinance enacted by the sanggunian (sec. 126, RA 7160) Composition: 1. Senate: 24, elected at large by the qualified voters

of the Philippines 2. House of Representatives: not more than 250 members consisting of: district representatives, elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area party-list representatives, which shall constitute 20% of the total number of representatives, elected through a party-list system of registered national, regional, and sectoral parties or organizations The party-list organization must represent the marginalized and underprivileged and the nominees themselves must comply with the qualitative requirements (Ang Bagong Bayani v COMELEC) district representative party-list representative elected according to elected nationally, with legislative district by the party-list organizations constituents of such district garnering at least 2% of all the votes cast for the partylist system entitled to one seat, which is increased according to proportional representation, but is in no way to exceed three seats per organization must be a resident of his no special residency legislative district for at requirement least one year immediately before the election elected personally, i.e., by voted upon by party or name organization; it is only when a party is entitled to representation that it designates who will sit as representative does not lose seat if he if he changes party or changes party or affiliation affiliation, he loses his seat, in which case he will be substituted by another qualified person in the party or organization based on the list submitted to the COMELEC in case of vacancy, a special in case of vacancy, a election may be held substitution will be made provided that the vacancy within the party, based on takes place at least one year the list submitted to the before the next election COMELEC a district representative is a party-list representative not prevented from running cannot sit if he ran and lost again as a district in the previous election representative if he lost during the previous election
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a change in affiliation within six months prior to election does not prevent a district representative from running under his new party

a change in affiliation within six months prior to election prohibits the partylist representative from sitting as representative under his new party or organization

Term of office: 1. for senators, six years commencing at noon, 30 June next following their election 2. for member of the House, each shall be elected for a term of three years which shall commence at noon on 30 June next following their election Term limitations: 1. no senator shall serve for more than two consecutive terms 2. no member of the House of Representatives shall serve for more than three consecutive terms 3. voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected term tenure terms means the period tenure is the actual period during which the elected during which such officer officer is legally authorized actually holds his position to assume his office and exercise the powers thereof it cannot be reduced it may, by law, be limited Apportionment of legislative district: 1. maintain proportional representation based on number of inhabitants each city with not less than 250 thousand inhabitants, entitled to at least one representative each province, irrespective of the number of inhabitants, entitled to at least one representative 2. each district must be contiguous, compact and adjacent; gerrymandering is not allowed gerrymandering is the formation of one legislative district out of separate territories for the purpose of favoring a candidate or a party 3. reapportionment within three years following return of every census (sec. 5(3) and (4), art. vi) Election: regular election- second Monday of May, every three years special election (RA 6645)- no special election will be called if vacancy occurs1. at least 18 months before the next regular election for members of the Senate 2. at least one year before the next regular election for Members of Congress

The particular House of Congress where vacancy occurs must pass either a resolution if Congress is in session or the Senate President or the Speaker must sign a certificate, if Congress is not in session 1. declaring the existence of the vacancy 2. calling for a special election to be held within 45 to 90 days from the date of the resolution or certification The senator or representative elected shall serve only for the unexpired term. Session (sec. 14, art. vi) Regular session: convene once every year; the fourth Monday of July until 30 days before the start of new regular session Special session: 1. called by the President (sec. 15, art. vii) 2. to call a special election due to a vacancy in the offices of the President and vice-President at 10 oclock a.m. on the third day after the vacancies (sec. 10, art. vii) 3. to decide on the disability of the President because the majority of all the members of the cabinet has disputed his assertion that he is able to discharge the powers and duties of his office (par. 3, sec. 11, art. vii) 4. to revoke or extend the presidential proclamation of martial law or suspension of the writ of habeas corpus (sec. art. vii) Joint sessions: 1. voting separately choosing the President (sec. 4, art. vii) determine Presidents disability (sec. 11, art. vii) confirming nomination of vice-President (sec. 9, art. vi) declaring existence of a state of war (sec. 23, art. vi) proposing constitutional amendments (sec. 1, art. xvii) 2. voting jointly to revoke or extend proclamation suspending the privilege of writ of habeas corpus (sec. 18, art. vii) to revoke or extend declaration of martial law (sec. 18, art. vii) Adjournment: neither Chamber during session without the consent of the other, adjourn for more than 3 days, nor any other place than that in which the two Chambers shall be sitting (sec. 16(5), art. vi) The Senate is a continuing body while the House is not. Discipline of members (sec. 16(3), art. vi) Each house may punish its members for disorderly behavior, and, with the concurrence of 2/3 of all its members, suspend (for not more than 60 days) or expel a member The interpretation of the phrase disorderly behavior is the prerogative of the house concerned and cannot be judicially reviewed (Alejandro v Quezon) Matters mandated by Constitution to be entered into
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the journal (sec. 16(4), art. vi) Matters to be entered into the journal: 1. yeas and nays on third and final reading of a bill (sec. 26(2), art. vi) 2. veto message of President (sec. 27(1), art. vi) 3. yeas and nays on re-passing a bill vetoed by President (sec. 27(1), art. vi) 4. yeas and nays on any question at the request of 1/5 of members present (sec. 16(4), art. vi) An enrolled bill is the official copy of approved legislation and bears the certifications of the presiding officers of each house. Thus, where the certifications are valid and are not withdrawn, the contents of the enrolled bill are conclusive upon the courts as regards the provsion of that particular bill. Enrolled bill is conclusive upon courts as regards the tenor of the measure passed by Congress and approved by the President (Mabanag v Lopez Vito) Enrolled bill prevails (Field v Clark), except to matters, which under the Constitution, must be entered into the Journal (Astorga v Villegas) Congressional Electoral Tribunals (SET or HRET) (sec. 17, art. vi) Composition: 1. three Supreme Court Justices designated by Chief Justice, and 2. six members of the Chamber concerned (Senate or House) chosen on the basis of proportional representation from political parties and parties registered under the party-list system The Senior Justice shall act as Chairman. Power of Electoral Tribunals: 1. sole judge of all contests relating to the election, returns and qualification of their respective members (sec. 17, art. vi) 2. rule-making power (Lazatin v HRET) An election contest is one where a defeated candidate challenges the qualification and claims for himself the seat of a proclaimed winner. In the absence of an election contest, the Electoral Tribunal is without jurisdiction. However, the power of each house to expel its own members or even to defer their oath-taking until their qualifications are determined may still be exercised even without an election contest. The Electoral Tribunal is independent of the Houses of Congress and its decision may be reviewed by the Supreme Court only upon showing of grave abuse of discretion Commission on Appointments (sec. 18, art. vi) Composition: 12 Senators and 12 Representatives, elected by each house on the basis of proportional representation from the political parties and parties and organizations registered under the party-list system represented therein

The Senate President shall act as ex-officio chairman. He shall not vote except in case of tie. Powers: 1. shall act on all appointments submitted to it within 30 session days of Congress from their submission, and 2. power to promulgate its own rules of proceedings The Congress cannot by law prescribe that the appointment of a person to an office created by such law shall be subject to confirmation by the Commission on Appointments. Appointment extended by the President requiring confirmation by the Commission on Appointments while Congress is not in session shall only be effective until disapproval by the Commission on Appointments or until the next adjournment of Congress. Power of Congress Classification of powers: 1. legislative general plenary power (sec. 1, art. vi) specific power of appropriation, taxation and expropriation legislative expropriation question hour 2. non-legislative- includes power to: canvass presidential elections declare existence of a state of war delegation of emergency powers call special election for President and VicePresident give concurrence to treaties and amnesties propose constitutional amendments (constituent power) confirm certain appointments impeach decide the disability of the President because majority of the Cabinet disputes his assertion that he is able to discharge his duties revoke or extend proclamation of suspension of privilege of writ of habeas corpus or declaration of martial law (to revoke means to legislative veto) power with regard to utilization of natural resources (sec. 2, art. xii) Limitations on the powers of Congress: 1. substantive express: bill of rights (art. iii) on appropriations (sec. 25 and 29(1) and (2), art. vi) on taxation (sec. 28 and 29(3), art. vi; sec. 4(3), art. xiv) on constitutional appellate jurisdiction of Supreme Court(sec.30, art. vi) no law granting title of royalty or nobility shall be
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passed (sec. 31, art. vi) no specific funds shall be appropriated or paid for use or benefit of any religion, sect., etc. except for priest, etc., assigned to AFP, penal institutions, etc. (sec. 29(2), art. vi) implied: prohibition against irrepealable laws non-delegation of powers 2. procedural only one subject to be stated in the title of the bill (sec. 26(1), art. vi) three readings on separate days; printed copies of the bill in its final form distributed to members three days before its passage, except if the President certifies to its immediate enactment to meet a public calamity or emergency upon its last reading, no amendment allowed and the vote thereon taken immediately and the yeas and nays entered into the journal (sec. 26(2), art. vi) appropriation, revenue and tariff bills shall originate exclusively from the House of Representatives (sec. 24, art. vi) The initiative for filing of appropriation, revenue and tariff bills must come from the House, but it does not prohibit the filing in the Senate a substitute bill in anticipation of its receipt of the bill from the House, so long as the action by the Senate is withheld pending the receipt of the House bill (Tolentino v Secretary of Finance) Power of appropriation Appropriation law is a statute, the primary and specific purpose of which, is to authorize release of public funds from treasury The existence of appropriations and the availability of funds are indispensable pre-requisites to or conditions sine qua non for the execution of government contracts (COMELEC v Judge Quijano-Padilla) Implied limitations on appropriation power: 1. must specify the public purpose 2. the sum authorized for released must be determinate or at least determinable Constitutional limitations on special appropriations measures: 1. must specify the public purpose for which the sum was intended 2. must be supported by funds actually available as certified by National Treasurer or to be raised by corresponding revenue proposal included therein (sec. 25(4), art. vi) Constitutional rules on general appropriations laws (sec. 25, art. vi) 1. the Congress may not increase appropriations recommended by the President for the operations of government 2. the form, content and manner of preparation of

budget shall be provided by law 3. no provision or enactment shall be embraced in the bill unless it relates specifically to some particular appropriations therein 4. procedure for approving appropriations for Congress shall be the same as that of other departments in order to prevent subrosa appropriations by Congress 5. the prohibition against transfer of appropriations (doctrine of augmentation), however, the President, Senate President, Speaker of the House, Chief Justice and Heads of Constitutional Commissions, may by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations 6. prohibitions against appropriations for sectarian benefit 7. automatic re-appropriation Limitations on power of legislative investigation (sec. 21, art. vi) 1. must be in aid of legislative 2. must be in accordance with the duly published rules of procedures 3. the right of persons appearing in, or affected by such inquiry shall be respected In question hour, the heads of departments may, upon their own initiative, with the consent of the President, or upon the request of either house, as the rules of each house shall provide, appear before and be heard by such house on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpolations shall be limited to written questions, but may cover matters related thereto. When the security of the state or the public interest so requires, the appearance shall be conucted in executive session. question hour legislative (sec. 22, art. vi) investigation (sec. 21, art. vi) as to person who only a any person may appear department head as to who conducts entire body committees the investigation as to subject matter matters related any matter for to the the purpose of department only legislation Legislative process Under the doctrine of shifting majority, for each House of Congress to pass a bill, only the votes of the majority of those present in the session, there being a quorum, is required Quorum is the majority of each House, but a smaller number may adjourn from day to day and may compel
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the attendance of absent members in such manner and under such penalties as such House may determine (sec. 16(2), art. vi) The basis for determining the existence of a quorum in the Senate shall be the total number of Senators who are in the country and within the coercive jurisdiction of the Senate (Avelino v Cuenco) Bills that must originate from the House of Representatives: 1. appropriations bill 2. revenue and tariff bills 3. bill authorizing increase in public debts 4. bills of local application 5. private bills (sec. 24, art. vi) The Senate may, however, propose or concur with amendments. Procedure for approval of bills: 1 bill is approved by both chambers 2. the President approves and signs it 3. if the President vetoes the bill, the bill is returned with presidential objections to the house of origin; veto may be overridden upon vote of 2/3 of all members of the house of origin and the other house 4. a presidential inaction for 30 days from receipt of the bill will make the bill a law as if the same has been signed by the President How a bill becomes a law: 1. approved and signed by the President 2. a presidential veto overridden by 2/3 vote of all members of both houses 3. failure of the President to veto the bill and to return it with his objections to the house where it originated, within 30 days after the date of receipt 4. a bill calling a special election for President and Vice-President under sec. 10, art. vii, becomes law upon third and final reading Presidential veto General rule: if the President disapproves a bill enacted by Congress he should veto the entire bill; he is not allowed to veto separate items of a bill Exception: item-veto in the case of appropriation, revenue and tariff bills (sec. 27(2), art. vi) Exceptions to the exception: 1. the doctrine of inappropriate provisions, which provides that a provision that constitutionally inappropriate for an appropriation bill may be singled out for veto even if it is not an appropriation or revenue item (Gonzales v Macaraig) 2. executive impoundment, which refers to the refusal of the President to spend funds already allocated by Congress for specific purpose; it is the failure to spend or obligate budget authority of any type (Philconsa v Enriquez) Pocket veto occurs when (1) the President fails to act on

a bill and (2) the reason he does not return the bill to Congress is that Congress is not in session It is not applicable in the Philippines because inaction by the President for 30 days never produces a veto even if Congress is in recess. The President must still act to veto the bill and communicate his veto to Congress without need of returning the vetoed bill with his veto message. Executive department Election: regular election: every second Monday, every after six years special election, requisites: 1. death, permanent disability, removal from office or resignation of both the President and the VicePresident 2. vacancies occur more than 18 months before the next regular presidential election 3. a law passed by Congress calling for a special election to elect a President and a Vice-President to be held not earlier than 45 days nor later than 60 days from the time of such call (sec. 10, art. vii) In case of tie between two or more candidates, one shall be chosen by a majority of all the members of both Houses, voting separately. In case this results in a deadlock, the Senate President shall be the acting President until the deadlock is broken. Any person who has succeeded as President, and served as such for more than four years shall not be qualified for election to the same office at any time. Qualifications: 1. natural-born citizen of the Philippines 2. registered voters 3. able to read and write 4. at least 40 years old on the day of election 5. Philippine resident for at least 10 years immediately preceding such election Presidential succession: 1. vacancies at the beginning of the term vacancy successor the president-elect fails to the vice-president will be qualify or to be chosen acting as president until someone is qualified or chosen as president the president-elect dies or is the vice-president becomes permanently disabled president both the president and vice- the senate president or in president -elect are not case of his inability, the chosen or do not qualify or speaker of the house shall both die, or both become act as president until a permanently disabled president or a vice-president shall have been chosen and qualified; in case of death or disability of the senate president and the speaker of
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the house, the congress shall determine, by law, who will be the acting president 2. vacancies after the office is initially filled vacancy successor the president is permanently the vice-president becomes disabled, is impeached or the president for the resigns unexpired term both the president and the the senate president or in vice-president die, become case of his inability, the permanently disabled, are speaker of the house shall impeached or resign act as president until a president or a vice-president shall have been elected and qualified 3. vacancy in the office of the Vice-President during the term for which he was elected: the President will nominate a new Vice-President from any member of either House of Congress the nominee shall assume the office upon confirmation by majority vote of all members of both houses, voting separately Powers of the President Executive power: is the power to enforce and administer laws. The President shall have control of all executive departments, bureaus and offices; he shall ensure that laws are faithfully executed (sec. 17, art. vii) Until and unless a law is declared unconstitutional, the President has a duty to execute it regardless of his doubts as to its validity (faithful execution clause) (sec. 1 and 17, art. vii) Power of appointment: 1. with the consent of the Commission of Appointments: heads of the executive departments, ambassadors, other public ministers and consuls officers of the armed forces from the rank of colonel or naval captain other officers whose appointments are vested in him in the Constitution 2. prior recommendation or nomination by the Judicial and Bar Council members of the Supreme Court and all lower courts (sec. 9, art. viii) Ombudsman and his five deputies 3. requiring nominations by multi-sectoral groups Regional Consultative Commission (sec. 18, art. x) party-list representatives, before the Party-List Law (sec. 7, art. xviii)

4. appointment of Vice-President as member of the Cabinet 5. appointment solely by the President: those vested by the Constitution on the President alone those whose appointments are otherwise provided for by law those whom he may be authorized by law to appoint those other officers lower in rank whose appointment is vested by law in the President alone Appointing procedure for those that need Commission on Appointment confirmation: 1. nomination by the President 2. confirmation by the Commission on Appointments 3. issuance of commission 4. acceptance by appointee It is deemed complete upon acceptance (Lacson v Romero) Limitation on appointing power: 1. appointments made by an acting-President shall remain effective unless revoked within 90 days from assumption of office by elected President (sec. 14, art. vii) 2. President or acting-President shall not make appointments except temporary ones to executive positions two months immediately before the next presidential elections and up to the end of his term. Only when continued vacancy will prejudice public service or endanger public safety (sec. 15, art. vii) 3. the spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not, during his tenure be appointed as: members of the constitutional commissions member of the Office of the Ombudsman secretaries undersecretaries chairman or heads of bureaus or offices, including government-owned or controlled corporations and their subsidiaries (sec. 13, par. 2, art. vii) 4. the President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproved by the Commission on Appointment or until the next adjournment of the Congress (sec. 16, par. 2, art. vii) Power of removal: this power is implied from the power to appoint. Exception: those appointed by him where the Constitution prescribes certain methods for separation from public service Power of control: the power of an officer to alter, modify, or set aside what a subordinate officer has done
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in the performance of his duties, and to substitute the judgment of the officer for that of his subordinate. Under the doctrine of qualified political agency or alter ego principle, the acts of the secretaries of executive departments when performed and promulgated in the regular course of business or unless disapproved or reprobated by the chief executive, are presumptively the acts of the chief executive (Villena v Secretary of the Interior) The qualified political agency does not apply if the President is required to act in person by law or by the Constitution; e.g., the power to grant pardons must be exercised personally by the president Military powers (sec. 18, art. viii): under the commanderin-chief clause: 1. to call out the armed forces to prevent or suppress lawless violence, invasion or rebellion 2. to organize courts martial and create military commissions Suspending the privilege of writ of habeas corpus and in declaring martial law: grounds- invasion or rebellion, when public safety requires it duration- not more than 60 days, following which it shall be lifted unless extended by Congress duty of the President to report to Congress: within 48 hours personally or in writing authority of Congress to revoke or extend the effectivity of proclamation- by majority vote of all of its members voting jointly authority of the Supreme Court: to inquire into the sufficiency of the factual basis for such action, at the instance of any citizen; the decision must be promulgated 30 days within its filing the proclamation does not affect the right to bail the suspension applies only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion the person arrested must be charged within three days; if not, he must be released the proclamation does not supersede civilian authority While the suspension of the privilege of writ and the proclamation of martial law is subject to judicial review, the actual use by the President of the armed forces is not. During the proclamation of martial law, the President can: 1. legislate 2. order the arrest of people who obstruct the war effort But the following cannot be done: 1. suspend the operation of the Constitution 2. supplant the functioning of the civil courts and the legislative assemblies

3. confer jurisdiction upon military courts and agencies over civilians, where civil courts are able to function Under the open court doctrine, civilians cannot be tried by military courts if the civil courts are open and functioning 4. automatically suspend the privilege of the writ of habeas corpus (sec. 18, par. 4, art. xvii) Four ways for the proclamation or suspension to be lifted: 1. lifting by the President himself 2. revocation by Congress 3. nullification by the Supreme Court 4. operation of law after 60 days Pardoning power (sec. 19, art. vii): is discretionary and may not be controlled by legislature or reversed by the Court, unless there is a constitutional violation Limitations: 1. cannot be granted in case of impeachment 2. cannot be granted in violations of election laws without favorable recommendation of the COMELEC 3. can be granted only after convictions by final judgment (except amnesty) 4. cannot be granted in cases of legislative contempt or civil contempt 5. cannot absolve conviction of civil liability 6. cannot restore public offices forfeited Pardon is an act of grace which exempts the individual on whom it is bestowed, from the punishment the law inflicts for the crime he has committed Classification: 1. plenary or partial 2. absolute or conditional Commutation is a reduction or mitigation of the penalty Reprieve is merely a postponement of a sentence to a date certain, or a stay of execution Parole is the release from imprisonment but without full restoration of liberty, as parolee is in the custody of the law although not in confinement Amnesty is an act of grace, concurred in by the Legislature, usually extended to groups of persons who committed political offenses, which puts into oblivion the offense itself. amnesty pardon political offense Infraction of peace or common crimes classes of persons Individuals requires concurrence of does not require congress concurrence of Congress public act to which court private act which must be may take judicial notice of pleaded and proved looks backward and puts to looks forward and relieves oblivion the offense itself the pardonee of the consequence of the offense
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may be granted even before can be granted only after trial conviction Probation is a disposition under which a defendant after conviction and sentence is released subject to conditions imposed by the court and to the supervision of a probation officer. Borrowing power (sec. 20, art. vii): the President may contract or guarantee foreign loans on behalf of the Republic with concurrence of the Monetary Board, subject to such limitations as may be provided by law. The Monetary Board shall submit to Congress report on loans within 30 days from end of every quarter. Diplomatic power (sec. 21, art. vii): no treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all members of Senate. While our municipal law makes a distinction between international agreements and executive agreements (the former requiring Senate approval and the latter not needing the same, under international law, there is no such distinction. The President cannot, by executive agreement, undertake an obligation which indirectly circumvents a legal prohibition. Budgetary power (sec. 22, art. vii): within 30 days from opening of every regular session, the President shall submit to Congress a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures. Informing power (sec. 23, art. vii): the President shall address Congress at the opening of its regular session. The President may also appear before it at any other time. Residual power: which powers include others not set forth in the Constitution; whatever is not judicial, whatever is not legislative, is residual power exercised by the President (Marcos v Manglapus); e.g., the President is immune from suit and criminal prosecution while he is in office. Other powers: 1. call Congress to a special session (sec. 15, art. vii) 2. approve or veto bills (sec. 27, art. vi) 3. deport aliens ((Qua Chee Gan v The Deportation Board) 4. consent to deputization of government personnel by COMELEC (sec. 2(4), art. ix-c) 5. to discipline such deputies (sec. 2(8), ix-c) 6. general supervision over local government units and autonomous regional governments (art. x) 7. immunity from suit during his tenure- it is deemed implied in the Constitution; the immunity does not however extend to non-official acts or for wrong doing (Estrada v Desierto)

8. by delegation from Congress, exercise emergency (sec. 23(2), art. vi) and tariff (sec. 28(2), art. vi) powers Conditions for the exercise of the President of emergency powers: 1. there must be a war or national emergency 2. there must be a law authorizing the President to exercise emergency powers 3. the exercise must be for a limited period 4. it must be subject to restrictions that Congress may provide 5. the exercise must be necessary and proper to carry out a declared national policy Power of impoundment: refers to the refusal of the President, for whatever reason, to spend funds made available by Congress; it is the failure to spend or obligate budget authority of any type. Three principal sources of the authority of the President: 1. the authority to impound given to him either expressly or impliedly by Congress 2. the executive power drawn from the Presidents role as commander-in-chief 3. the faithful execution clause Under the faithful execution clause, a faithful execution of the laws requires that the President desist from implementing the law if doing so would prejudice public interest. Judicial department Judicial power Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government (sec. 1, par. 2, art. viii) Judicial power is vested in: 1. one Supreme Court, and 2. such lower courts as may be established by law (sec. 1, art. viii) Since the courts are given judicial power and nothing more, courts may neither attempt to assume or be impelled to perform non-judicial functions. They may not be charged with administrative functions except when reasonably incidental to the fulfillment of their duties. Jurisdiction is the power to hear and decide a case and execute decision thereof. Safeguards that guarantee independent judiciary: 1. the Supreme Court is a constitutional body; it cannot be abolished by law 2. the members are only removable by impeachment 3. the Supreme Court may not be deprived of minimum and appellate jurisdiction; appellate jurisdiction may not be increased without its advice or
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concurrence 4. the Supreme Court has administrative supervision over all inferior courts and personnel 5. the Supreme Court has exclusive power to discipline judges and justices of inferior courts 6. the members of judiciary enjoy security of tenure 7. the members of judiciary may not be designated to any agency performing quasi-judicial or administrative functions 8. the salaries of judges may not be reduced; the judiciary enjoys fiscal autonomy 9. the Supreme Court alone may initiate Rules of Court 10. the Supreme Court alone may order temporary detail of judges 11. the Supreme Court can appoint all officials and employees of the judiciary Appointment to the judiciary Chief Justice and Associate Justices of the Supreme Court: 1. natural-born citizen 2. at least 40 years of age 3. at least 15 years of experience as a judge of lower court, or practice of law in the Philippines 4. of proven competence, integrity, probity and independence Presiding Justice and Associate Justice of the Court of Appeals: same qualifications as those provided for the justices of the Supreme Court Regional Trial Court judges: 1. citizen of the Philippines 2. at least 35 years old 3. has been engaged for at least 10 years in the practice of law in the Philippines or has held public office in the Philippines requiring admission to the practice of law as an indispensable requisite 4. a person of proven competence, integrity, probity and independence Metropolitan, Municipal and Municipal Circuit Trial Court judges: 1. citizen of the Philippines 2. at least 30 years old 3. has been engaged for at least 5 years in the practice of law in the Philippines or has held public office in the Philippines requiring admission to the practice of law as an indispensable requisite 4. a person of proven competence, integrity, probity and independence Procedure in appointment: 1. appointed by President from among a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy 2. for lower courts, the President shall issue the appointment 90 days from submission of the list

Tenure of justices and judges: 1. Supreme Court justices hold office until they reach 70 years of age or become incapacitated to discharge their duties (sec. 11, art. viii); they may be removed only through impeachment 2. lower courts judges hold office during good behavior until they reach 70 years of age or become incapacitated to discharge their duties (sec. 11, art. viii) By majority vote of members who actually took part in the deliberation on the issues and voted thereon, the Supreme Court en banc shall have the power to discipline judges of lower courts or order their dismissal. No law shall be passed reorganizing the judiciary when it undermines the security of tenure of its members (sec. 2, art. viii) Judicial and Bar Council Composition: Ex-officio chairman 1. Supreme Court Chief Justice Ex-officio members 2. Secretary of Justice 3. Representative of Congress regular members 4. Representative of the Integrated Bar 5. Professor of Law 6. Retired member of the SC 7. Representative of private sector Ex-officio Secretary 8. Clerk of the Supreme Court Powers of and functions of Judicial and Bar Council: 1. recommend appointees to the Judiciary 2. recommend appointees to the Office of the Ombudsman and his five deputies 3. such other functions and duties as the Supreme Court may assign Supreme Court Composition: one Chief Justice and 14 Associate Justices They may sit en banc or in its discretion, in division of 3, 5 or 7 members Any vacancy shall be filled within 90 days from occurrence thereof. Power of the Supreme Court: 1. original jurisdictioncases affecting ambassadors, other public ministers and consuls. petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus. sufficiency of factual basis of proclamation of martial law and suspension of privilege of writ of habeas corpus 2. appellate jurisdictioncases questioning the constitutionality or validity of any treaty, international and executive agreement, law or statute, presidential decree, proclamation, order,
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instruction, ordinance, or regulation cases questioning the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto cases in which the jurisdiction of lower courts is in issue criminal cases in which the penalty imposed is reclusion perpetua or higher cases in which only an error or question of law is involved 3. electoral tribunal for presidential and vicepresidential contests Sitting en banc, over all contests relating to the election, returns and qualification of the President and VicePresident (sec. 4(7), art. viii) The jurisdiction of the Supreme Court, as defined by sec. 4, par. 7, art. vii of the 1987 Constitution, would not include cases directly brought before it questioning the qualifications of a candidate for the presidency or vicepresidency before the elections are held (Tecson v COMELEC) 4. temporary assignment of judges of lower courts to other stations as public interest may require, not to exceed six months without the consent of the judge concerned 5. order the change of venue or place of trial to avoid miscarriage of justice 6. rule-making power, concerningprotection and enforcement of constitutional rights pleading, practice and procedures in all courts admissions to the practice of law Integrated Bar of the Philippines legal assistance to the underprivileged Limitations of rule-making power: 1. provide a simplified and inexpensive procedure for speedy disposition of cases 2. uniform for all courts in the same grade 3. shall not diminish, increase or modify substantive rights 7. power of appointment: appoints all officials and employees of the Judiciary in accordance with Civil Service Law 8. power of administrative supervision: administrative supervision over all courts and the personnel thereof The mere division of the Supreme Court may discipline a judge of the lower court; the Supreme Court is required to decide a case en banc only when the dismissal of a judge is involved. 9. yearly report: within 30 days from the opening of each regular session of Congress, the Supreme Court shall submit to the President and Congress an annual report on the operation and activities of the judiciary

Power of judicial review Judicial review is the power of the courts to test the validity of executive and legislative acts in light of their conformity with the Constitution. This is not an assertion of superiority by the courts over the other departments, but merely an expression of the supremacy of the Constitution (Angara v Electoral Commission) The lower courts may also exercise the power of judicial review, subject to the appellate jurisdiction of the Supreme Court. Doctrine of judicial supremacy: Although regarded as the weakest of the three departments of the government, the judiciary is nonetheless vested with the power to annul the acts of either legislative or executive or both when not conformable to the fundamental law. When the judiciary allocates constitutional boundaries, it neither asserts superiority nor nullifies an act of the Legislature. It only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees to them (Angara v Electoral Commission) Requisites of judicial review: 1. actual case or controversy- a conflict of legal rights, an assertion of opposite legal claims susceptible of judicial determination 2. constitutional question must be raised by the proper party- one who has sustained or is in imminent danger of sustaining an injury as a result of the act complained of For a taxpayers suit, two requisites: 1. public funds are disbursed by a political subdivision or instrumentality 2. a law is violated or some irregularity is committed, and that the petitioner is directly affected by the alleged ultra vires act (Anti-Graft League of the Philippines v Court of Appeals) 3. constitutional question must be raised at the earliest opportunity General rule: it must be raised in the pleadings Exceptions: 1. in criminal cases, at any time at the discretion of the court 2. in civil cases, at any stage of the proceedings if necessary for the determination of the case itself 3. in every case (except where there is estoppel), at any stage if it involves the jurisdiction of the court 4. determination of constitutionality of the statute must be necessary to a final determination of the case (People v Vera) Therefore, the following must be avoided: political questions advisory opinions
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moot and academic issues no standing Seven rules of avoidance of constitutional questions: 1. friendly, non-adversary proceedings (no vital conflict) 2. anticipation of a question of constitutional law in advance of the necessity of deciding it (premature case) 3. formulation of a rule broader than is required by the precise facts to which it is applied 4. existence of oter grounds upon which the case may be disposed of (not the very lis mota) 5. complaint made by one who fails to show injury as to its operations (no standing) 6. instance of one who has availed himself of its benefit 7. possibility of a construction of statute that can avoid the resolution of the constitutional question Under the policy of strict necessity (rescue army case) the Court must refrain from exercising judicial review unless all the requisites for its exercise are fulfilled because: 1. the danger of exercising the functions, in view of possible consequences for others stemming also from constitutional roots 2. comparative finality of those consequences 3. consideration due to the judgment of the other repositories of constitutional power concerning the scope of their authorities 4. necessity for each to keep within its own power 5. inherent limitations of the judicial process- its largely negative character, and its limited resources for enforcement 6. withal in paramount importance of constitutional adjunction Judicial power includes: 1. the duty of courts to settle actual controversies involving rights which are legally demandable and enforceable 2. to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on part of any branch or instrumentality of government (sec. 1, art. viii) Grave abuse of discretion amounting to lack of jurisdiction refers to capricious and whimsical exercise of judgment; the abuse of discretion must be patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility (Intestate Estate of Carmen de Luna v IAC) justiciable question political question a definite and concrete two aspects: dispute touching on the those questions

legal relations of parties having adverse legal interests which may be resolved by a court of law through the application of a law (cutaran v denr)

which, under the constitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the legislature or executive branches of government (tanada v cuenco)

Functions of judicial review: 1. checking- invalidating a law or an executive act that is found to be contrary to the Constitution 2. legitimating (legitimizing)- upholding the validity of the law which results from a mere dismissal of a case challenging the validity of that law Rule on double negative: when the Court exercises this function, it uses the double negative by declaring that the law is "not unconstitutional"; the Court cannot declare the law constitutional for it enjoys the presumption of constitutionality 3. symbolic- to educate the bench and bar as to the controlling principles and concepts on matters of great public importance All courts can exercise judicial review. The Constitution contemplates that the inferior courts should have jurisdiction in cases involving constitutionality of any treaty or law for sec. 5(2), art. viii speaks of appellate review of final judgments of inferior courts in cases where such constitutionality happens to be in issue (JM Tuazon and Co. v Court of Appeals) The Constitution vests the power of judicial review not only in the Supreme Court but also in the regional trial court. however, in all actions assailing the validity of a statute, treaty, presidential decree, order or proclamation and not just in actions involving declaratory relief and similar remedies, notice to the Solicitor General is mandatory, as required in sec. 3, rule 64 of the Rules of Court. The purpose of this mandatory notice is to enable the Solicitor General to decide whether or not his intervention in the action is necessary (Mirasol v Court of Appeals) Period for decision (sec. 15, art. viii): all cases filed after the effectivity of the Constitution must be decided or resolved from the date of submission, within: 1. 24 months before the Supreme Court 2. 12 months, unless the period is reduced before the lower collegiate courts 3. three months unless the period is reduced by the Supreme Court before all other lower courts In case of delay, a certificate to be signed by the Chief Justice or Presiding Justice shall be issued stating the reason for the delay. The court, without prejudice to such
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responsibilities, as may have been incurred in consequences thereof shall decide or resolve the case or matter submitted to it without further delay, despite expiration of mandatory period. The court does not lose jurisdiction over the case despite the lapse of the mandatory period. The erring judge or justice may be subjected to administrative sanctions for the delay. Effect of declaration of unconstitutionality: the law is either: 1. void, if on its face it does not enjoy any presumption of validity because it is patently offensive to the Constitution; it produces no effect, creates no office and imposes no duty (Igot v COMELEC) 2. voidable- if on its face it enjoys the presumption of constitutionality; the law becomes inoperative only upon the judicial declaration of its invalidity; the declaration produces no retroactive effect (Serrano de Agbayani v PNB) Requisites before a law can be declared partially unconstitutional: 1. the Legislature must be willing to retain valid portion (separability clause) 2. the valid portion can stand independently as a law Constitutional Commissions Independent constitutional commissions: 1. Civil Service Commission 2. Commission on Elections 3. Commission on Audit Prohibitions and inhibitions: no member of a constitutional commission shall, during his tenure1. hold any other office or employment 2. engage in the practice of any profession or 3. engage in the active management or control of any business which in any way may be affected by the functions of his office 4. he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including governmentowned or controlled corporations or their subsidiaries Safeguards that guarantee the independence of the commissions: 1. these bodies are constitutionally created and may not be abolished by statute 2. each of them is expressly described as independent 3. each of them is conferred certain powers and functions which cannot be withdrawn or reduced by statute 4. the chairmen and members of all of these Commissions may not be removed from office except by impeachment 5. the chairmen and members of all of these

Commissions are given the fairly long term of seven years 6. the terms of office of the chairmen and members of all of these Commission are staggered in such a way as to lessen the opportunity for appointment of the majority of the body by the same President 7. the chairmen and members of all of these Commissions may not be reappointed or appointed in an acting capacity (Brillantes v Yorac) 8. the salaries of the chairmen and members of all of these Commissions are relatively high and may not be decreased during their continuance in office 9. the Commissions all enjoy fiscal autonomy 10. each Commission may promulgate its own procedural rules 11. the chairmen and members of all of these Commissions are subject to certain disqualifications and inhibitions calculated to strengthen their integrity 12. the constitutional commissions are allowed to appoint their own officials and employees in accordance with the Civil Service Law Certiorari jurisdiction of the Supreme Court: limited to decisions rendered in action or proceedings taken cognizance of the Commissions in the exercise of the adjudicatory or quasi-judicial functions; it does not refer to purely executive powers, hence questions arising from the award of a contract for construction of voting booths can be brought before the trial court (Ambil v COMELEC) Civil Service Commission Composition: 1. one Chairman 2. two Commissioners Qualifications: 1. natural-born citizens of the Philippines and 2. at the time of their appointment, at least thirtyfive years of age 3. with proven capacity for public administration and 4. must not have been candidates for any elective position in the elections immediately preceding their appointment The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Scope of the civil service: it embraces all branches, subdivisions, instrumentalities and agencies of the government, including government-owned and controlled corporations with original charters (sec. 2(1) art. ix-b) Classes of service: 1. career service, which is characterized by: entrance based on merit and fitness to be determined as far as practicable by competitive
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examinations, or based on highly technical qualifications opportunity for advancement to higher career positions security of tenure The career service includes: 1. open career positions for appointment to which prior qualification in an appropriate examination is required 2. closed career positions which are scientific or highly technical in nature (which shall establish and maintain their own merit system) 3. positions in the career executive service (all of whom are appointed by the President) 4. career officers, other than those in the career executive service, who are appointed by the President 5. commissioned officers and enlisted men of the armed forces, which shall maintain a separate merit system 6. personnel of government-owned or controlled corporations, whether performing governmental or proprietary functions, who do not fall under the noncareer service 7. permanent laborer, whether skilled, semi-skilled, or unskilled 2. non-career service, which is characterized by: entrance on bases other than those of the usual tests of merit and fitness utilized for the career service tenure which is limited to a period specified by la, or which is co-terminus with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a particular project or which purpose employment was made The non-career service includes: 1. elective officials and their personal or confidential staff 2. department heads and other officials of cabinet rank who hold positions at the pleasure of the President and their personal or confidential staff 3. chairmen and members of commissions and boards with fixed terms of office and their personal or confidential staff 4. contractual personnel or those whose employment in the government is in accordance with a special contract to undertake a specific work or job, requiring special or technical skills not available in the employing agency, to be accomplished within a specific period, which in no case shall exceed one year, and perform or accomplish the specific work or job, under their own responsibility with a minimum of direction and supervision from the hiring agency 5. emergency and seasonal personnel Exceptions to requirement of competitive examination (to determine merit and fitness: 1. policy-determining position, charged with laying

down of principal or fundamental guidelines or rules 2. primarily confidential position, one denoting primarily close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgiving or betrayals of personal trust on confidential matters of state 3. highly technical position, which requires the appointee thereto to posses technical skill or training in the supreme or superior degree (De los Santos v Mallare) Commission on Elections Composition: 1. a Chairman and 2. six Commissioners The Chairman and its commissioners shall be: 1. natural-born citizens of the Philippines and, 2. at the time of their appointment, at least thirtyfive years of age, 3. holders of a college degree, and 4. must not have been candidates for any elective position in the immediately preceding elections A majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. If the appointment is ad interim, a subsequent renewal of the appointment does not violate the prohibition on reappointments because no previous appointment was confirmed by the Commission on Appointments; furthermore, the total term of both appointments must not exceed the seven-year limit (Matibag v Benipayo) Powers and functions of COMELEC: 1. enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall 2. exercise exclusive original jurisdiction over all contests relating to the elections, returns and qualifications of all elective regional, provincial, and city officials 3. exercise appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction 4. decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointing of election officials and inspectors, and registration of voters 5. deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the
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Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections 6. register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens' arms 7. recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies 8. submit to the President and the Congress a comprehensive report on the conduct of each election, plebiscite, initiative, referendum or recall 9. recommend to Congress effective measures to minimize election spending, limitation of places and prevent and penalize all forms of election frauds, offenses, malpractice and nuisance candidates Questions involving the right to vote fall within the jurisdiction of the ordinary courts. The COMELECs exercise of its quasi-judicial power is subject to sec. 3, art. ix-c, which expressly requires that: 1. all election cases, including pre-proclamation controversies, shall be decided by the COMELEC in division, and 2. the motion for reconsideration shall be decided by the COMELEC en banc The prosecution of election law violators involves the exercise of the COMELECs administrative powers. Thus, the COMELEC en banc can directly approve the recommendation of its Law Department to file the criminal information for double registration against petitioners. There is no constitutional requirement that the filing of the criminal information be first decided by any of the divisions of the COMELEC (Baytan v COMELEC) Commission on Audit Composition: 1. a Chairman and 2. two Commissioners The Chairman and its commissioners shall be: 1. a natural-born citizens of the Philippines and 2. at the time of their appointment, at least thirtyfive years of age 3. certified public accountants with not less than ten years of auditing experience, or members of the Philippine Bar who have been engaged in the practice of law for at least ten years and 4. must not have been candidates for any elective position in the elections immediately preceding their appointment The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without

reappointment Powers and duties of Commission on Audit: 1. to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property, owned or held in trust by, or pertaining to the Government, or any of its subdivisions, agencies, or instrumentalities 2. keep the general accounts of the Government and, for such period as may be provided by law, preserve the vouchers and other supporting papers 3. have exclusive authority to define the scope of its audit and examination, establish the techniques and methods required therefor, and 4. promulgate accounting and auditing rules and regulations, including those for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures, or uses of government funds and properties Jurisdiction of the Commission: no law shall be passed exempting any entity of the government or any investment of public funds, from the jurisdiction of the Commission on Audit (sec.3, art. ix-d) Local government Territorial subdivisions of the Republic of the Philippines Composition: 1. provinces 2. cities 3. municipalities and 4. barangays There shall be Autonomous regions in: 1. Muslim Mindanao, and 2. Cordilleras A third autonomous region would require a constitutional amendment. These political subdivisions, created by the Constitution can be replaced by amendment, and not by law. While Congress can abolish or eradicate individual units, it cannot abolish an entire class of local government units Local autonomy means a more responsive and accountable local government structure instituted through a system of decentralization. The Constitution does nothing more than to break up the monopoly of the national government over the affairs of local governments. General supervision of local governments by the President: the President of the Philippines shall exercise general supervision over local governments and over autonomous regions; this power is limited to ensuring that lower officers exercise their functions in accordance with law. The President may, however, impose administrative sanctions against local government unit officials in accordance with law.
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Taxes, fees and charges Each local government shall have the power to create own sources of revenue/levy taxes, fees and charges etc. Limitations on power: it is subject to such guidelines and limitations as Congress may provide. See Local Government Code for examples. The guidelines set by Congress should be consistent with the basic policy of local autonomy. Accrual of taxes, fees, charges: the taxes, fees and charges shall accrue exclusively to the local governments. Internal Revenue Allotment The share of local government units in national taxes is limited to the internal revenue taxes. The share of each local government units should be released, without need of any further action, directly to the provincial, city, municipal or barangay treasurer. The share of each local government unit should not be subject to any lien or holdback that may be imposed by the national government for whatever purpose. Each local government unit should appropriate in its annual budget at least 20% of its annual internal revenue allotment for development projects. Ground for adjustment in internal revenue allotment: unmanageable public section deficit The President can make the necessary adjustments in the internal revenue allotment upon the recommendation of the following: 1. Department of Finance Secretary 2. Department of Interior and Local Government Secretary 3. Department of Budget Management Secretary Share of local government units in national wealth Local government units are entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas in the manner provided by law. This includes sharing the same with the inhabitants by way of direct benefits. Under the Local Government Code, a unit has a share of 40% of the gross collection derived by the national government from the preceding fiscal year from: 1. mining taxes 2. royalties 3. forestry and fishery charges 4. other taxes, fees and charges 5. share in any co-production, joint venture or production sharing agreement in the utilization and development of the national wealth w/in their territorial jurisdiction Term of Office Limitations: 1. no elective official shall serve for more than 3 consecutive terms

2. voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected Creation, abolition and division of local government units Requisites: 1. compliance with the requirements of the Local Government Code, and 2. approved by a majority of the votes cast in a plebiscite held in the political units directly affected Metropolitan political subdivisions Creation: the Congress may create special metropolitan political subdivisions by law; it is subject to a plebiscite Jurisdiction of Metropolitan authority: it is limited to basic services requiring coordination. Basic autonomy of component cities and municipalities The component cities and municipalities retain their basic autonomy. They shall be entitled to their own local executive and legislative assemblies. Classification of cities: 1. highly urbanized (as determined by law) 2. component cities (cities still under provincial control); and 3. independent component cities (non-highly urbanized cities whose voters are prohibited by the city charter from voting in provincial elections) Highly urbanized cities and independent component cities are independent of the province. Component cities whose charter contains no such prohibition are still under the control of the province and its voters may still vote for elective provincial officials. Consolidation and coordination of efforts, services and resources: it is optional on the part of local government units; it can be done for purposes commonly beneficial to them in accordance with the law. Autonomous regions Creation of autonomous regions: the creation is provided by law; it is effective when it is approved by a majority of the votes cast in a plebiscite held among the constituent units. Only those provinces, cities, and geographical areas voting favorably in such plebiscite shall form part of the autonomous region. The question of which local government units shall constitute an autonomous region is one which is exclusively for Congress to decide. The Organic Act of Autonomous Region shall provide for legislative powers over: 1. administrative organization; 2. creation of sources of revenues; 3. ancestral domain and natural resources
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4. personal, family and property relations 5. regional, urban, and rural planning development; 6. economic, social, and tourism development; 7. educational policies; 8. preservation and development of the cultural heritage; and 9. such other matters as may be authorized by law for the promotion of the general welfare of the people of the region. Limitations: subject to the provisions of the Constitution and national laws to be exercised within its territorial jurisdiction Accountability of public officers Impeachable officers: 1. the President, of the Philippines 2. the Vice-President 3. the members of the Supreme Court 4. the members of the Constitutional Commissions 5. the Ombudsman These officers cannot be charged in court with offenses that have removal from office as penalty. But after an official has been impeached, he can be charged with the appropriate offense. Impeachment process Grounds for impeachment: 1. culpable violation of the Constitution 2. treason 3. bribery 4. other high crimes 5. graft and corruption 6. betrayal of public trust Resignation by an impeachable official does not place him beyond the reach of impeachable proceedings, he can still be impeached. Initiation of impeachment case: the House of Representatives shall have the exclusive power to initiate all cases of impeachment Process of impeachment: 1. a verified complaint for impeachment is filed by any member of House of Representative or by any citizen upon resolution of endorsement by any member 2. it shall be included in the Order of Business within 10 session days and referred to proper committee within three session days thereafter 3. the Committee, after hearing, and by a majority vote of all members shall submit a report to the House

within 60 days from referral, together with corresponding resolution 4. the Resolution shall be calendared for consideration of the House within 10 days from receipt 5. A vote of at least 1/3 of all members of the House shall be necessary either to affirm favorable resolution or override its contrary resolution 6. if the necessary vote was taken, trial by the Senate shall proceed 7. when the President is impeached, the Chief Justice of the Supreme Court shall preside but shall not vote 8. the concurrence of 2/3 of all senators shall be necessary to convict and remove the from office Effect of conviction: 1. removal from office 2. disqualification to hold any other office under the Republic of the Philippines 3. the party convicted shall be liable and subject to prosecution, trial and punishment according to law Limitations: 1. the House of Representatives shall have the exclusive power to initiate all cases of impeachment 2. not more than one impeachment proceeding shall be initiated against the same official within a period of one year An impeachment case is the legal controversy that must be decided by the Senate while an impeachment proceeding is one that is initiated in the House of Representatives. For purposes of applying the one-year bar rule, the proceeding is initiated or begins when a verified complaint is filed and referred to the Committee on Justice for action (Francisco v House of Representatives) Sandiganbayan The Sandiganbayan, the anti-graft court, shall continue to function and exercise its jurisdiction as now and hereafter may be provided by law Composition: 1. one presiding justice 2. 14 associate justices (with the rank of Justice of the Court of Appeals) It shall sit in five divisions of three justices each, who shall be necessary to constitute a quorum. Decision and review: a unanimous vote of all three members shall be required for the pronouncement of
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judgment by a division. Its decisions may be brought on certiorari to the Supreme Court. Jurisdiction of the Sandiganbayan: 1. original jurisdiction violations of Anti-Graft and Corrupt Practices Act, RA 1379; or Title VII, Chapter II, section 2 of the Revised Penal Code 1. officials of executive branch occupying positions classified as Grade 27 or higher, specifically including: provincial governors, vice-governors, members of the sangguniang panlalawigan and provincial treasurers, assessors, engineers and other provincial department heads city mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers and other city department heads officials of the diplomatic service occupying the position of consul and higher Philippine army and air force colonels, naval captains, and all officers of higher rank officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher city and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations 2. members of Congress and officials thereof classified as Grade 27 or higher 3. members of the Judiciary, without prejudice to the provisions of the Constitution (on impeachment) 4. chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the Constitution 5. all other national and local officials classified as Grade 27 or higher; or other offenses or felonies, committed by public officials and employees mentioned in number 1, in relation to their office, whether simple or complexed with other crimes civil and criminal cases filed pursuant to and in connection with Executive Order 1, 2, 14 and 14-A, series of 1986 2. exclusive original appellate over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions and other ancillary writs and processes in aid of its appellate jurisdiction: provided, that the jurisdiction over these petitions shall not be exclusive of the Supreme Court and over petitions of similar nature, including quo warranto, arising or that

may arise in cases failed or which may be filed under Executive order 1, 2, 14 and 14-A (concurrent with Supreme Court) 3. exclusive appellate jurisdiction over final judgments, resolutions or orders of regional trial courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction (RA 8249) The Ombudsman The Ombudsman is tasked to entertain complaints addressed to him against erring public officers and take all necessary actions thereon. The Office of the Ombudsman is a constitutional office. It may not be abolished nor may its composition be changed by ordinary legislation. Composition: 1. the Ombudsman 2. one over-all Deputy 3. one Deputy each for Luzon, Visayas, and Mindanao 4. a separate Deputy for the military establishment may likewise be appointed Qualifications of the Ombudsman and his deputies: 1. natural-born citizens of the Philippines 2. at least forty years old (at the time of appointment) 3. of recognized probity and independence 4. members of the Philippine Bar, and 5. must not have been candidates for any elective office in the immediately preceding election Appointment of the Ombudsman requires no confirmation by the Commission on Appointments. The Ombudsman must have for 10 years of more been a judge or engaged in the practice of law in the Philippines. Terms: the term of the Ombudsman and his deputies is fixed at 7 years Disqualifications and inhibitions: the Ombudsman and his deputies during their tenure1. shall not hold any other office or employment 2. shall he engage in the practice of any profession or in the active management or control of any business which in any way may be affected by the functions of his office 3. shall not be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies or instrumentalities, including government-owned or controlled corporations or their subsidiaries 4. shall not be granted, directly or indirectly, loan, guaranty, or other form of financial accommodation for
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any business purpose or to any firm or entity in which they have controlling interest 5. shall not be qualified to run for any office in the election immediately succeeding their cessation from office Powers, functions and duties: 1. investigate on its own, or on complaint by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient 2. direct, upon complaint or at its own instance, any public official or employee of the Government, or any subdivision, agency or instrumentality thereof, as well as of any government-owned or controlled corporation with original charter, to perform and expidite any act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties 3. direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewith 4. direct the officer concerned, in any appropriate case, and subject to such limitations as may be provided by law, to furnish it with copies of documents relating to contracts or transaction entered into by his office involving the disbursement or use of public funds or properties, and report any irregularity to the Commission on Audit for appropriate action 5. request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if necessary, pertinent records and documents 6. publicize matters covered by its investigation when circumstances so warrant and with due prudence 7. determine the cause of inefficiency, red tape, mismanagement, fraud, and corruption in government and make recommendation for their elimination and the observance of high standards of ethics and efficiency 8. promulgate its rules of procedure and exercise such other powers or perform such functions or duties as may be provided by law The Office of the Ombudsman also has the duty to act promptly on complaints filed in any form or manner against public officials or employees of the government, or any subdivision, agency or instrumentality including government-owned or controlled corporations and their subsidiaries. In appropriate cases, it should notify the complainants of the action taken and the result thereof. The Constitution and RA 6770 (The Ombudsman Act of 1989) has endowed the Office of the Ombudsman with a wide latitude of investigatory and prosecutory power virtually free from legislative, executive or judicial intervention. The Supreme Court consistently refrains from interfering with the exercise of its powers and

respects the initiative and independence inherent in the Ombudsman who, beholden to no one, acts as the champion of the people and the preserver of the integrity of public service (Loquias v Office of the Ombudsman) The Ombudsman is clothed with authority to conduct preliminary investigation and prosecute all criminal cases involving public officers and employees, not only those within the jurisdiction of the Sandiganbayan but those within the jurisdiction of the regular courts as well (Uy v Sandiganbayan) The power to investigate also includes the power to impose preventive suspension. This is different from the power to recommend suspension. The latter is a suspension as a penalty; preventive suspension is not a penalty. Ill-gotten wealth The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be bared by prescription, laches or estoppel (sec. 15, art xi) but it applies only to civil actions and not to criminal cases (Presidential Ad Hoc Fact-Finding Committee on Behest Loans v Desierto) National economy and patrimony Goals of the national economy Three-fold goal: 1. a more equitable distribution of opportunities, income, and wealth 2. a sustained increased by the amount of goods and services produced by the nation for the benefit of the people and 3. an expanding productivity as the key to raising the quality of life for all, especially the underprivileged Regalian doctrine (jura regalia) The doctrine is a universal feudal theory that all lands were held from the Crown (Carino v Insular Government) Exception: any land in the possession of an occupant and of his predecessors-in-interest since time immemorial (Oh Cho v Director of Land) The 1987 Constitution reaffirmed the Regalian doctrine in sec. 2, art. xii (Cruz v Secretary of DENR) All lands of the public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and natural resources belong to the state. With the exception of agricultural lands, all other natural resources shall not be alienated (sec. 2, art. xii) imperium dominium a government authority the capacity of the possessed by the state state to own and acquire which is appropriately property embraced in sovereignty it refers to lands held by the government in a
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proprietary character Classification of lands of the public domain (sec. 3, art. xii): 1. agricultural 2. forest timber 3. mineral lands 4. national parks Requirement of reclassification or conversion: positive act of government; mere issuance of title is not enough (Sunbeam Convenience Food v Court of Appeals) Filipino activities regarding the national economy and patrimony: 1. co-production, joint venture or production sharing agreement for exploration, development and utilization of natural resources: Filipino citizens or entities with 60% Filipino corporations Exception: for large-scale exploration, development and utilization of minerals, petroleum and other mineral oils, the President may enter into agreements with-foreignowned corporations involving technical or financial assistance. These agreements refer to service contracts which involve foreign management and operation provided that the government shall retain that degree of control sufficient to direct and regulate the affairs of individual enterprises and restrain undesired activities (La BugalBlaan Tribal Association v Secretary of DENR) 2. use and enjoyment of nations marine wealth within territory: exclusively for Filipino citizens 3. alienable lands of public domain: only Filipino citizens may acquire not more than 12 hectares by purchase, homestead or grant, or lease not more than 500 hectares; private corporations may lease not more than 1,000 hectares for 25 years renewable for another 25 years 4. certain areas of investment: reserved for Filipino citizens or entities with 60% Filipino capitalization, although the Congress may provide for higher percentage 5. grant of rights, privileges and concessions covering national economy and patrimony, the State shall give preference to qualified Filipinos 6. franchise, certificate or any other form of authorization for the operation of a public utility: only to Filipino citizens or entities with 60% Filipino capitalization Such franchise, etc., shall not be exclusive, nor for a period longer than 50 years and subject to amendment, alteration or repeal by Congress; all executive and managing officers must be Filipino citizens Private lands: generally: no private land shall be transferred or conveyed except to individual, corporations or associations qualified to acquire or hold lands of the public domain.

Exceptions: 1. foreigners who inherent through intestate succession 2. former natural-born Filipino citizen may be a transferee of private lands subject to limitations provided by law 3. ownership in condominium units 4. parity right agreement, under the 1935 Constitution Under the stewardship doctrine, private property is supposed to be held by the individual only as a trustee for the people in general, who are its real owners Restriction against aliens only applies to acquisition of ownership. therefore1. aliens may be leases or usufructuaries of private lands 2. aliens may be mortgages of land, as long as they do not obtain possession thereof and do not bid in the foreclosure sale Temporary takeover of business affected with public interest: the state may temporary takeover business affected with public interest1. in times of national emergency 2. when the public interest so requires 3. during the emergency and under reasonable terms prescribed by it 4. temporarily take over or direct the operation of any privately owned public utility or business affected with public interest (sec. 17, art. xii) 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, whether permanent or temporary. The private entity-owner affected by the temporary takeover cannot, be compensated because the government is in the exercise of its police power and not of its power of eminent domain (Agan v PIATCO) Social justice and human rights Social justice as envisioned by the Constitution: equitable diffusion of wealth and political power for the common good regulation of the acquisition, ownership and disposition of property and its increments creation of economic opportunities based on freedom of initiative and self-reliance Distributive justice is the attainment of a more equitable distribution of land which recognizes the right of farmers and regular farm workers who are landless to own the land they till and a just share of other or seasonal farm workers in the fruits of the land. Rights of labor guaranteed by the Constitution (sec. 3, art. xiii): 1. full protection to labor
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2. promotion of employment opportunity to all 3. guarantee of right of workers to self-organization 4. collective bargaining and negotiations 5. peaceful concerted activities including the right to strike in accordance with law 6. right to security of tenure 7. right to humane conditions of work 8. right to participate in policy and decision-making affecting their rights and benefits The Commission on Human Rights Composition: 1. Chairman and 2. four members Qualifications: 1. natural-born citizens of the Philippines 2. majority of the commission must be members of the Philippine bar 3. term of office, other qualifications and disabilities shall be provided by law 4. the appointment of the members is not subject to Commission on Appointments confirmation and The Commission on Human Rights is not of the same level as the COMELEC, CSC, or COA Powers: 1. investigate all forms of human rights violations involving civil or political rights 2. adopt operational guidelines and rules of procedure 3. cite for contempt for violations of its rules, in accordance with the Rules of Court 4. provide appropriate legal measures for the protection of the human rights of all persons, within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the underprivileged whose human rights have been violated or need protection 5. exercise visitorial powers over jails, prisons and other detention facilities 6. establish continuing programs for research, education and information in order to enhance respect for the primacy of human rights 7. recommend to Congress effective measures to promote human rights and to provide compensation to victims of human rights violations or their families 8. monitor compliance by the government with international treaty obligations on human rights 9. grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any Commission on Human Rights investigation 10. request assistance from any department, bureau, office, or agency in the performance of its functions 11. appoint its officers and employers in accordance

with law 12. perform such other functions and duties as may be provided for by law Education Principal characteristic of education which the State must promote and protect: 1. quality education 2. affordable education (sec. 1, art. xiv) 3. education that is relevant to the needs of the people (sec. 2(1), art. xiv) Nationalized educational activities: 1. ownership, except those established by religious groups and mission boards 2. control and administration 3. student population (sec. 4(2), art. xiv) Aspects of academic freedom: 1. to the institution- to provide that atmosphere which is most conducive to speculation, experimentation and creation Freedom to determine for itself on academic grounds: 1. who may teach 2. what may be taught 3. how shall it be taught 4. who may be admitted to study (Miriam College Foundation v Court of Appeals) As part of its constitutionally enshrined academic freedom, the University of the Philippines has the prerogative to determine who may teach its student. The Civil Service Commission has no authority to force it to dismiss a member of faculty even in the guise of enforcing Civil Service Rules (UP v Civil Service Commission) 2. the facultyfreedom in research and in the publication of the results, subject to the adequate performance of his other academic duties freedom in the classroom in discussing his subject, less controversial matters which bear no relation to the subject freedom from institutional censorship or discipline, limited by his special position in the community 3. the student- right to enjoy in school the guarantee of the Bill of Rights (Non v Dames) State immunity from suits The State may not be sued without its consent (sec. 3, art. xvi) Test to determine if the suit is against the State: if the enforcement of the decision rendered against the public officer or agency impleaded will require an affirmative act from the State, then it is a suit against the State. A suit is against the State, regardless of who is named as defendant, if it produces adverse consequences on the public treasury, whether in the disbursement of funds or
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loss of property, the public official proceeded against not being liable in his personal capacity (Begosa v Chairman, Philippine Veterans Administration) Forms of consent: express consent 1. through a general law or Act 3083, declaring that the Government of the Philippine Islands consents and submits to be sued upon moneyed claim involving liability arising from contract, expressly or impliedly, which could serve as basis of civil action between private parties, is the general law providing for the standing consent of the State to be sued CA 387, as amended by PD 1445, a claim against the government must first be filed with the Commission on Audit, which must act within 60 days article 2180, Civil Code, tort committed by special agent article 2189, Civil Code, local government units are liable for the injuries or death caused by defective condition of roads or public works under their control (City Manila v Teotico) section 22(2) of RA 7160), local government units have a power to sue and be sued section 24 of RA 7160, local government units and their officials are nor exempt from liability for death or injury or damage to property 2. through a special law (Merritt v Government of the Philippine Islands) implied consent 1. when the State itself commences litigation, it becomes vulnerable to counterclaim (Froilan v Pan Oriental Shipping) 2. when the State enters into a contract Jure gestonis: by right of economic or business relations, may be sued (US v Guinto) Jure imperii: by right of sovereign power, in the exercise of sovereign functions; no implied consent (US v Ruiz) 3. when it would be inequitable for the State to claim immunity (Amigable v Cuenca) Under the restrictive doctrine of state immunity, only contracts entered into by the government in its proprietary capacity amounts to a waiver of its immunity from suit. By doing so, it is deemed to have descended to the level of a private individual. But if it entered into a contract in its governmental capacity, it is not deemed to have impliedly waived its immunity from suit. Scope of consent: consent to be sued does not include consent to the execution of judgment against it. Such execution will require another waiver, because the power of the courts ends when the judgment is rendered, since government funds and properties may not be seized under writs of execution or garnishment, unless such disbursement is covered by the corresponding

appropriation as required by law (Republic v Villasor) Under Act 3083, the ordinary rule for execution will not apply after money judgment against the government, for the consent to be sued is only up to the point of judgment; it may be enforced by a writ of execution because consent is until the satisfaction of the money judgment Rules regarding government agencies: 1. incorporated agency if its charter provides that it has the right to sue and be sued, it is an express consent and it is suable (SSS v CA) if its charter is silent, inquire into its functions based on the purpose for which it was created (Malong v PNR) if proprietary, that is its purpose is to obtain special corporate benefits or earn pecuniary profit, it is suable if governmental, that is it is in the interest of health, safety and for the advancement of public good and welfare, affecting the public in general, it is not suable (Balquera v Alcala) 2. if unincorporated agency if performing governmental functions, it is not suable without the State consent even if performing proprietary function incidentally (Bureau of Printing v Bureau of Printing Employees Association) if performing proprietary functions, it is suable (Civil Aeronautics Administration v Court of Appeals) Rules regarding garnishment or levy of government funds in government depository: generally, the government funds deposited with PNB or authorized depositories cannot be subjected to garnishment Exceptions: where law or ordinance has already been acted appropriating a specific amount to pay a valid governmental obligation (Municipality of San Miguel, Bulacan v Fernandez); funds belong to government corporations which can sue and be sued that are deposited with a bank (PNB v Pabalan) Rules regarding payment of interests by government in money judgments against it: generally, the government cannot be made to pay interests Exceptions: 1. in case of the exercise of eminent domain 2. erroneous collection of taxes 3. where the government agrees to pay interest pursuant to law Rules regarding suits against public officers: 1. the doctrine of state immunity from suit applies to complainst filed against public officials for acts done in the performance of their duties 2. the doctrine does not apply where the public official is charged in his official capacity for acts that are unlawful and injurious to the rights of others
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3. neither does it apply where the public official is clearly being sued not in his official capacity but in his personal capacity, although the acts complained of may have been committed while he occupied a public position. Instances when public officials can be sued personally: 1. to require him to do a duty required by law 2. to restrain him from doing an act alleged to be unconstitutional or illegal 3. to recover from him taxes unlawfully assessed or collected Procedure in amending the Constitution Amendment is an alteration of one or a few specific provisions of the Constitution. Its main purpose is to improve specific provisions of the Constitution. The changes brought about by amendments will not affect the other provisions of the Constitution. Revision is an examination of the entire Constitution to determine how and to what extent it should be altered. A revision implies substantive change, affecting the Constitution as a whole. constituent power legislative power the power to formulate a the power to pass, repeal or Constitution or to propose amend ordinary laws or amendments to or revisions statutes (as opposed to of the Constitution and to organic law). ratify such proposal is exercised by Congress is an ordinary power of (by special constitutional Congress and of the people, conferment), by a also through initiative and Constitutional Convention referendum or Commission, by the people through initiative and referendum, and ultimately by sovereign electorate the exercise of constituent the exercise of legislative power does not need the power ordinarily needs the approval of the Chief approval of the Chief Executive Executive, except when done by people through initiative and referendum Steps in amendatory process: 1. proposal Congress acting as a constituent assembly: by direct proposal, vote of 3/4 of all its members by calling a constitutional convention called either by: 2/3 vote of all the members of the Congress, and a majority vote of all the members of the Congress, with the question of whether or not to call a constitutional convention to be resolved by the people in a plebiscite (sec. 3, art. xvii)

If the Congress, acting as a constituent assembly, omits to provide for the implementing details, the Congress acting as a legislative assembly, this time, can enact the necessary implementing legislation to fill in the gaps (Imbong v Ferrer) by the people through initiative by a petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein. Initiative is the power of the people to propose amendments to the Constitution or to propose and enact legislation through an election called for the purpose Indirect initiative is the exercise of initiative by the people through a proposition sent to Congress or the local legislative body for action (sec. 2, RA 7635) No amendment in this manner shall be authorized within five years following the ratification of the 1987 Constitution nor more often than once every five years. RA 6735 (System of Initiative and Referendum) does not authorize a system of initiative to amend the Constitution. The law was deemed sufficient to cover only the systems of initiative on national and local legislation because: sec. 2 on the Statement of Policies of the Act does not suggest an initiative on the Amendments to the Constitution sec. 5 of the Act does not provide for the contents of the provision for initiative on the Constitution that the Act does not provide a sub-title for initiative on the Constitution simply means that the main thrust of the Act is initiative and referendum on national and local laws (Defensor-Santiago v COMELEC) proposal by constitutional proposal by congress convention people for both for both for amendments amendments and amendments and only revisions revisions by a 3/4 votes of by a 2/3 vote of all by a petition of at all its members members of least 12% of the Congress total number of here it will not act registered voters as a legislative by a majority vote of which at least body but a of all its members 3% of each constituent body if calling is legislative district submitted tp the must be people represented no amendment shall be authorized oftener than once every 5 years beginning February 3, 1999
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amendment alteration of one or a few specific and isolated provisions of the Constitution

revision re-examination of the entire constitution or an important cluster of provisions in the Constitutions

2. ratification The proposed amendment shall be submitted to the people and shall be deemed ratified by majority of the votes cast in a plebiscite held not earlier than 60 days nor later than 90 days: after approval of the proposal by Congress or the constitutional convention, or after certification by the COMELEC of sufficiency of petition of the people While the substance of the proposals made by each type of constituent assembly is not subject to judicial review, the manner the proposals are made is subject to judicial review. Under the doctrine of proper submission, the plebiscite may be held on the same day as regular election (Gonzales v COMELEC) provided that the people are sufficiently informed of the amendments to be voted upon, to conscientiously deliberate thereon, to express their will in a genuine manner. The amendments must be submitted for ratification at one plebiscite only. The people have to be given a proper frame of reference in arriving at their decision. They have no idea yet of what the rest of the amended constitution would be. (Tolentino v COMELEC) Questions are to amendments are now subject to judicial review. (Sanidad v COMELEC) ADMINISTRATIVE LAW Administrative law is that branch of public law that fixes the organization of the government and determines competence of authorities who execute the law and indicates to the individual remedies for the violations of his rights. Administrative process is the whole of the series of acts an administrative agency whereby the legislative delegation of afunction is made effectual in particular situations. It embraces matters concerning the procedure in the disposition of both routine and contested matters, and the matters in which determinations are made, enforced and reviewed. Administrative bodies or agencies A body, other than the courts and legislature, endowed with quasi-legislative and quasi-judicial powers for the purpose of enabling it carry out laws entrusted to it for enforcement or execution. How created: 1. by constitutional provision 2. by legislative enactment

3. by authority of law Powers of administrative bodies: 1. quasi-legislative or rule-making power 2. quasi-judicial or adjudicatory power 3. determinant power Quasi-legislative or rule-making power It is the authority delegated by the law-making body to the administrative body to adopt rules and regulations intended to carry out the provisions of a law and implement legislative policy. Kinds: legislative interpretative legislative judicial supplements the statute by says what the statute means filling in the details have the force and effect of merely persuasive; received law immediately upon by the courts with much going into effect; such is respect but not accorded accorded by the courts or by with finality express provision of statute Requisites for valid exercise: 1. its promulgation must be authorized by the legislature 2. it must be within the scope of the authority given by the legislature 3. it must be promulgated in accordance with the prescribed procedure 4. it must be reasonable Tests of delegation: 1. completeness test- this means that the law must be complete in all its terms and conditions when it leaves the legislature so that when it reaches the delegate, it will have nothing to do but to enforce it 2. sufficient standard test- the law must offer a sufficient standard to specify the limits of the delegates authority, announce the legislative policy and specify the conditions under which it is to be implemented Need for previous notice and hearing: generally, administrative rules of general application do not require previous notice and hearing. Exception: 1. the legislature itself requires it and mandates that the regulation shall be based on certain facts as determined at an appropriate investigation 2. the regulation is in effect a settlement of a controversy between specific parties; it is considered an administrative adjudication and so will require notice and hearing 3. the function of prescribing rates by an administrative agency in the exercise of its quasi-judicial function Prescribing of rates can be either: 1. legislative- if the rules/ rates are meant to apply to
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all enterprises of a given kind throughout the country, no prior notice and hearing is required 2. quasi-judicial- if the rules and rates imposed apply exclusively to a particular party, based upon a finding of fact, prior notice and hearing is required Administrative regulations that must be published: 1. administrative regulations of general application 2. administrative regulations which are penal in nature Administrative regulations that do not need to be published: 1. interpretative regulations 2. internal rules and regulations governing the personnel of the administrative agency 3. letters of instruction issued by administrative superiors concerning guidelines to be followed by their subordinates (Tanada v Tuvera) Requisites for validity of administrative rules with penal sanctions: 1. the law itself must make violation of the administrative regulation punishable 2. the law itself must impose and specify the penalty for the violation of the regulation 3. the regulation must be published The doctrine of subordinate legislation is the power of administrative agency to promulgate rules and regulations on matters of their own specialization The doctrine of legislative approval by reenactment provides that the rules and regulations promulgated by the proper administrative agency implementing the law are deemed confirmed and approved by the Legislature when said law was re-enacted by later legislation or through codification. The Legislature is presumed to have full knowledge of the contents of the regulations then at the time or re-enactment. quasi-legislative functions quasi-judicial functions consists of issuance of rules refers to its end product and regulations called order, reward or decision general applicability applies to a specific situation prospective; it envisages the present determination of promulgation of a rule or rights, privileges or duties regulation generally in the as of previous or present future time or occurrence Quasi-judicial or adjudicatory power It is the power of administrative authorities to make determinations of facts in the performance of their official duties and to apply the law as they construe it to the facts so found. The exercise of this power is only incidental to the main function of administrative authorities, which is the enforcement of the law. Two necessary conditions:

1. due process 2. jurisdiction Powers include: 1. prescribe rules of procedure 2. subpoena power 3. contempt power Administrative due process: 1. the right to a hearing 2. the tribunal must consider the evidence presented 3. the decision must have something to support itself 4. the evidence must be substantial 5. the decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties 6. the Court or any of its judges must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in arriving at a decision 7. the Court should render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reasons for the decisions rendered (Ang Tibay v CIR) Substantial evidence is the relevant evidence as a reasonable mind might accept as adequate to support a conclusion Administrative determinations where notice and hearing is not necessary: 1. urgency of immediate action 2. tentativeness of the administrative action 3. right was previously offered but not claimed 4. summary abatement of a nuisance per se 5. preventive suspension of a public servant facing administrative charges 6. padlocking of filthy restaurants/ theaters showing obscene movies 7. cancellation of a passport of a person sought for criminal prosecution 8. summary distraint and levy of properties of a delinquent taxpayer 9. replacement of a temporary or acting appointee Administrative appeal or review: unless otherwise provided by law or executive order, an appeal from a final decision of the administrative agency may be taken to the Department Head, whose decision may further be brought to the regular courts of justice, in accordance with the procedure specified by the law. The appellate administrative agency may even conduct additional hearings in the appealed case, if deemed necessary. Res judicata effect of administrative decisions: an administrative decision has the force and binding effect of a final judgment; but this applies only to judicial and quasi-judicial proceedings and not to the exercise of administrative functions (Brillantes v Castro)
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Determinative powers Determinative powers: 1. enabling, which permits the doing of an act which the law undertakes to regulate 2. directing, which orders the doing or performance of particular acts to ensure compliance with the law and are often exercised for corrective purposes 3. dispensing, to relax the general operation of a law or to exempt from general prohibition, or relieve an individual or a corporation from an affirmative duty 4. examining, which is also called as the investigatory power 5. summary, which is the power to apply compulsion or force against persons or property to effectuate a legal purpose without judicial warrants to authorize such actions Under the doctrine of finality: courts are reluctant to interfere with action of an administrative agency prior to its completion or finality, the reason being that absent a final order or decision, power has not been fully and finally exercised, and there can usually be no irreparable harm. Exceptions: 1. interlocutory order affecting the merits of a controversy 2. preserve status quo pending further action by the administrative agency 3. essential to the protection of the rights asserted from the injury threatened 4. officer assumes to act in violation of the constitution and other laws 5. order not reviewable in any other way 6. order made in excess of power Under the doctrine of primary jurisdiction: courts cannot or will not determine a controversy which requires the expertise, specialized skills and knowledge of the proper administrative bodies because technical matters of intricate questions of fact are involved; relief must first be obtained in an administrative proceeding before a remedy will be supplied by the court even though the matter is within the proper jurisdiction of a court. Under the doctrine of prior resort: when a claim originally cognizable in the courts involves issues which, under a regulatory scheme are within the special competence of an administrative agency, judicial proceedings will be suspended pending the referral of these issues to the administrative body for its view. Under the doctrine of exhaustion of administrative remedies: an administrative decision must first be appealed to the administrative superiors up to the highest level before it may be elevated to a court of justice for review. Effect of failure to exhaust administrative remedies: as a

general rule, jurisdiction of the Court is not affected but the complaint is vulnerable to dismissal due to lack of cause of action. Exceptions to the doctrine: 1. when there is a violation of due process 2. when the issue involved is purely legal 3. when the administrative action is patently illegal amounting to lack or excess of jurisdiction 4. when there is estoppel on the part of the administrative agency concerned 5. when there is irreparable injury 6. when the respondent bears the implied and assumed approval of the latter 7. when to require exhaustion of administrative remedies would be unreasonable 8. when it would amount to a nullification of the claim 9. when the subject matter is a private land in land case proceedings 10. when the rule does not provide a plain, speedy and adequate remedy 11. when there are circumstances indicating the urgency of judicial intervention 12. when the respondent is a Secretary of Labor whose acts as an alter ego of the President bears the implied and assumed approval of the latter; except where law expressly provides exhaustion Judicial review of administrative decisions When made: 1. to determine constitutionality or validity of any treaty, law, ordinance, executive order or regulation 2. to determine jurisdiction of any administrative board, commission, or officer 3. to determine any questions of law, and 4. to determine questions of facts when necessary to determine either: constitutional or jurisdictional issue commission of abuse of authority when administrative fact finding body is unduly restricted by an error of law Mode of review: 1. statutory 2. non statutory, when inherent of the Court to review such proceedings upon question of jurisdiction and question of law 3. direct proceeding 4. collateral attack Questions reviewable on judicial review: 1. questions of fact- the general rule is that courts will not disturb the findings of administrative agencies acting within the parameters of their own competence so long as such findings are supported by substantial evidence; by reason of their special knowledge, expertise, and experience, the courts ordinarily accord
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respect if not finality to factual findings of administrative tribunals 2. question of law- administrative decision may be appealed to the courts independently of legislative permission. It may be appealed even against legislative prohibition because the judiciary cannot be deprived of its inherent power to review all decisions on questions of law When it comes to the first, review of the administrative decision lies in the discretion of the legislature, which may or may not permit it as it sees fit. Denial of this remedy does not violate due process for the right to appeal is generally not deemed embraced in the right to a hearing. But when it comes to the question of law, the administrative decision may be appealed to the courts of justice independently of legislative permission or even against legislative prohibition. LAW ON PUBLIC OFFICERS Public Office is the right, authority, and duty created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some portion of the sovereign functions of the government, to be exercised by him for the benefit of the public (Fernandez v Sto. Tomas) Essential elements: 1. created by Constitution or by law or by some body or agency to which the power to create the office has been delegated (enabling law) 2. invested with authority to exercise some portion of the sovereign power of the state 3. powers and functions defined by the constitution, law, or through legislative authority 4. duties are performed independently without control unless those of a subordinate 5. continuing or permanent in nature Characteristics of public office: 1. it is a public trust 2. it is not a hereditary possession 3. it is not a property and is outside the commerce of man 4. it cannot be subject of a contract Public officers Public officers are individuals invested with public office Classification of public officers: 1. executive, legislative and judicial officers 2. discretionary or ministerial officers 3. civil or military officers 4. officer de jure or de facto 5. national, provincial or municipal officials Eligibility is the state or quality of being legally fitted or qualified to be chosen. Qualifications to public office:

1. as an act, refers to an act which a public officer must perform for him to formally commence the discharge of his official duties 2. as an endowment, refers to the qualities which a public officer must possess to insure the proper discharge or the duties of his office Accountable public officers or those to whom are entrusted the collection and custody of public money, and public ministerial officers whose actions may affect the rights and interests of individuals. The qualifications are continuing requirements and must be possessed not only at the time of appointment or election or assumption of office but during the officers entire tenure. Formal qualifications are: citizenship, age, suffrage, residence, education, ability to read and write, political affiliation, civil service examination. Authority to prescribe qualification: 1. when prescribed by the Constitution, ordinary exclusive, the legislature may not increase or reduce qualifications except when the Constitution itself provides otherwise as when only minimum or no qualifications are prescribed 2. when the office is created by statute, the Congress has generally plenary power to prescribed qualification but such may begermane to the purpose of office, and not too specific so as to refer to only one individual A de jure officer is one who has the lawful right to the office in all respects, but who has either been ousted from it, or who has never actually taken possession of it. When the officer de jure is also the officer de facto, the lawful title and possession are united. A de facto officer is one who has the reputation of being the officer he assumed to be and yet is not a good officer in point of law. A person is a de facto officer where the duties of the officer are exercised under any of the following circumstances: 1. without a known appointment or election, but under such circumstances of reputation or acquiescence as were calculated to induce people, without inquiry, to submit to or invoke his action, supposing him to be the officer he assumed to be 2. under color of a known and valid appointment or election, but where the officer has failed to conform to some precedent requirement or condition 3. under color of a known election or appointment but void because: the officer was not eligible there was a want of power in the electing or appointing body there was a defect or irregularity in its exercise
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such ineligibility, want of power, or defect being unknown to the public 4. under color of an election or an appointment by or pursuant to a public, unconstitutional law, before the same is adjudged to be such What is unconstitutional is not the act creating the office, but the act by which the officer is appointed to an office legally existing (Norton v County of Shelby) Requisites: 1. valid existing office 2. actual physical possession of said office 3. color of title to office 4. by reputation or acquiescence 5. known or valid appointment or election but officer failed to conform with legal requirements 6. known appointment or election but void because of ineligibility of officer or want of authority or irregularity in appointment or election not known to public respondent 7. known appointment or election pursuant to unconstitutional law before the declaration of unconstitutionality A usurper is one who takes possession of the office and undertakes to act officially without any color of right or authority, either actual or apparent. de jure officer de facto officer rests on the right rests on reputation has lawful or title to the has possession and office performs the duties under color of right without being technically qualified in all points of law to act cannot be removed in a may be ousted in a direct direct proceeding proceeding against him de facto officer intruder officer under any of the four one who takes possession of circumstances mentioned an office and undertakes to act officially without any authority, either actual or apparent has color of right or title to has neither lawful title nor office color of right or title to office acts are valid as to the acts are absolutely void and public until such time as his can be impeached in any title to the office is proceeding at any time adjudged insufficient unless and until he continues to act for so long a time as to afford a presumption of his right to act entitled to compensation for not entitled to compensation

services rendered Legal effects of acts: valid as they affect the public respondent Entitlement to salaries: general rule- rightful incumbent may recover from de facto officer salary received by latter during the time of wrongful tenure even though the latter is in good faith and under color of title (Monroy v Court of Appeals) Exception: when there is no de jure public officer, the de facto officer is entitled to salaries for the period when he actually discharged the functions (Civil Liberties Union v Executive Secretary) Challenge to a de facto officer: must be in a direct proceeding where the title will be the principal issue Commencement of official relations Appointment is the selection, by authority vested with power, of individual who is to perform functions of a given office (Sevilla v CA) Under the Luego doctrine, appointment is an essentially discretionary power and must be performed by the officer vested with such power according to his best lights, the only condition being that the appointee should possess the qualifications required by law. If he does, then the appointment cannot be faulted on the ground that there are others better qualified who should have been preferred (Rimonte v CSC) Power of appointment is absolute when the choice of the appointing authority is conclusive. It is conditional where assent or approval by some other officer or body is necessary to complete the appointment. Acceptance of appointment is not necessary for the completion or validity of appointment. However, acceptance is necessary to possession of office, and to enable appointee to the enjoyment and responsibility of an office. Acceptance may be express when it is done verbally or in writing. Acceptance is implied when without formal acceptance, the appointee enters upon the exercise of the duties and functions of an office. The general rule is that an appointment to an office, once made and complete, is not subject to reconsideration or revocation. The exception is where an officer is removable at will of the appointing power. Steps in the appointing process: 1. nomination- exclusive prerogative of the president 2. confirmation- belongs to Congress, i.e., commission on appointments 3. issuance of commission Commission is the written evidence of appointment. Designation is the imposition of additional duties, usually by law, on a person already in public office (Sevilla v CA) Confirmation on the part of the Civil Service
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Commission is called attestation. Classification of appointments: 1. permanent appointment, which is extended to person possessing requisite qualification for the position and thus enjoy security of tenure 2. temporary appointment, which is acting appointment, given to a non-civil service eligible and is without a definite tenure and is dependent upon the pleasure of the appointing power 3. provision appointment, is one which may be issued upon prior authorization of the Commissioner of Civil Service in accordance with provisions of the Civil Service Law and the rule and standards to a person who has not qualified in an appropriate examination but who otherwise meets the requirements for appointment to a regular position in the competitive services, whenever a vacancy occurs and the filling thereof is necessary in the interest of the service and there is no appropriate register of those who are eligible at the time of appointment 4. regular appointment, is made by President while the Congress is in session and becomes effective after nomination is confirmed by the Commission on Appointments and continues until the end of term 5. ad-interim appointment recess, made while the Congress is not in session, before confirmation, is immediately effective, and ceases to be valid if disapproved or bypassed by the Commission on Appointments upon the next adjournment of Congress midnight- made by the President before his term expires, whether or not this is confirmed by the Commission on Appointments regular appointment ad-interim appointment made during the legislative made during the recess session made only after the made before such nomination is confirmed by confirmation the commission on appointments once confirmed by the shall cease to be valid if commission on disapproved by the appointments, continues commission on until the end of the term of appointments or upon the the appointee next adjournment Nepotism refers to all appointments in the national and local governments or any branch or instrumentality thereof, including government-owned or controlled corporations, made in favor of a relative of the appointing authority; recommending authority; chief of the bureau or office; or person exercising immediate supervision over the appointee are prohibited. There is a vacancy when an office is empty and without a legally qualified incumbent appointed or elected to it

with a lawful right to exercise its powers and perform its duties. There can be no appointment to a non-vacant position. The causes of vacancy are death, permanent disability, removal from office or resignation of the incumbent. Other causes of vacancy are abandonment, expiration of term, conviction of a crime, impeachment conviction, acceptance of incompatible office, creation of a new office, reaching the age limit, and recall. Classification of vacancy: 1. original, when an office is created and no one has been appointed to fill it 2. constructive, when the incumbent has no legal right or claim to continue in office and can be legally replaced by another functionary 3. accidental, when the incumbent having died, resigned or been removed 4. absolute, when the term of an incumbent having expired and the latter, not having held over, no successor is in being who is legally qualified to assume the office Powers and duties of a public officer Scope of power of a public officer consists of those powers which are expressly conferred upon him by the law under which he has been appointed or elected; expressly annexed to the office by the law which created it or some other law referring to it; or attached to the office as incidents to it. It is ministerial power when it is absolute, certain, and imperative involving merely execution of a specific duty arising from fixed and designated facts. It is discretionary power when it requires the exercise of reason and discretion in determining how or whether the act shall be done or the course pursued. Liability of public officer General rule: not liable for injuries sustained by another as a consequence of official acts done within the scope of his authority, except as otherwise provided by law; a public officer shall not be civilly liable for acts done in the performance of his duties. Exceptions: 1. statutory liability under the Civil Code (arts. 27, 32 and 34) 2. when there is a clear showing of bad faith, malice or negligence 3. liability on contracts 4. liability on torts Under the threefold liability rule, wrongful acts or omissions of public officers may give rise to criminal, civil and administrative liabilities Liability of ministerial officers: 1. misfeasance is the improper performance of some act which might be lawfully done 2. malfeasance is the performance of an act which ought not to be done
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3. nonfeasance is the omission of some act which ought to be performed Under the doctrine of command responsibility, a superior officer is liable for acts of a subordinate when: 1. he negligently or willfully employs or retains unfit or incompetent subordinate 2. he negligently or willfully fails to require the subordinate to conform to the prescribed regulations 3. he negligently or carelessly oversees business of office as to furnish subordinate an opportunity for default 4. he directed or authorized or cooperated in the wrong 5. a law expressly makes him liable Under the Revised Administrative Code, a superior officer shall be liable for acts of subordinate officers only if he has actually authorized by written order the specific act or misconduct complained. Subordinate officers are also liable for willful or negligent act even if he acted under the orders if such acts are contrary to law, morals, public policy and good customs Preventive suspension is a precautionary measure so that an employee who is formally charged of an offense may be separated from the scene of his alleged misfeasance while the same is being investigated (Bautista v Peralta) It need not be preceded by prior notice and hearing since it is not a penalty but only a preliminary step in an administrative investigation (Lastimosa v Vasquez) The period of preventive suspension cannot be deducted from whatever penalty may be imposed upon the erring officer (CSC Resolution 90-1066) pending investigation (sec. pending appeal (sec. 27(4), 51, EO 292) EO 292 not a penalty but only a punitive character means of enabling the disciplinary authority to conduct an unhampered investigation no compensation due for if exonerated, he should be the period of suspension reinstated with full pay for even if found innocent of the period of suspension the charges Rules on preventive suspension: 1. appointive official who is not a presidential appointee (secs. 41-42, PD 807) by whom: the proper disciplining authority may preventively suspend against whom: any subordinate officer or employee under such authority when: pending an investigation grounds: if the charge against such officer or employee involves: dishonesty

oppression or grave misconduct neglect in the performance of duty if there are reasons to believe that respondent is guilty of the charges which would warrant his removal from the service duration: the administrative investigation must be terminated within 90 days; otherwise, the respondent shall be automatically reinstated unless the delay in the disposition of the case is due to the fault, negligence or petition of the respondent in which case the period of delay shall not be counted in computing the period of suspension 2. presidential appointee can only be investigated and removed from office after due notice and hearing by the President of the Philippines under the principle that the power to remove is inherent in the power to appoint (Villaluz v Zaldivar) the Presidential Commission Against Graft and Corruption shall have the power to investigate administrative complaints against presidential appointees in the executive department of the government, including government-owned or controlled corporations charged with graft and corruption involving one or a combination of the following criteria: presidential appointees with the rank equivalent to or higher than an Assistant Regional Director the amount involved is at least P10 million those which threaten grievous harm or injury to the national interest those which may be assigned to it by the President (EO 151 and 151-A) 3. elective officials (sec. 63, RA 7160) by whom- against whom: President- elective official of a province, a highly urbanized or an independent component city governor- elective official of a component city or municipality mayor- elective official of a barangay when: at any time after the issues are joined grounds: reasonable ground to believe that the respondent has committed the act or acts complained of evidence of culpability is strong gravity of the offense so warrants continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence duration single administrative case- not to extend beyond 60 days several administrative cases- not more than 90 days within a single year on the same ground or grounds existing and known at the time of the first suspension Section 24 of the Ombudsman Act expressly provides
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that the preventive suspension shall continue until the case is terminated by the Office of the Ombudsman but not more than six months without pay. The preventive suspension for the six months without pay is thus according to law (Lastimosa v Vasquez) RA 3019 makes it mandatory for the Sandiganbayan to suspend, for a maximum period of 90 days unless the case is decided within a shorter period, any public officer against whom a valid information is filed charging violation of: 1. RA 3019 2. Book II, Title 7, Revised Penal Code 3. offense involving fraud upon government or public funds or property Rights of public officers 1. right to office: just and legal claim to exercise powers and responsibilities of the public office term refers to the period during which an officer may claim to hold office as a right tenure refers to the period during which an officer actually holds office 2. right to salary basis: legal title to office and the fact the law attaches compensation to the office During the preventive suspension, a public officer is not entitled during the period of preventive suspension; but upon exoneration and reinstatement, he must be paid full salaries and emoluments during such period Back salaries are also payable to an officer illegally dismissed or otherwise unjustly deprived of his office the right to recover accruing from the date of deprivation; the claim for back salaries must be coupled with a claim for reinstatement and subject to the prescriptive period of one year Forms of compensation: salary, refers to the personal compensation to be paid to public officer for his services and it is generally a fixed annual or periodical payment depending on the time and not on the amount of the service he may render per diemrefers to the allowance for days actually spent in the performance of official duties honorarium- is something given, as not as a matter of obligation, but for services rendered fee- refers to the payment for services rendered or on commission on moneys officially passing through their hands emoluments- refers to the profits arising from the office, received as compensation for services or which is annexed to the office as salary, fees or perquisites 3. right to preference in promotion Promotion refers to movement from one position to another with increase in duties and responsibilities as authorized by law and usually accompanied by an

increase in pay Under the next-in-rank rule, the person next in rank shall be given preference in promotion when the position immediately above his is vacated, but the appointing authority still exercises discretion and is not bound by this rule; the appointing officer is only required to give special reasons for not appointing the officer next-in-rank if he fills the vacancy by promotion in disregard of the next-in-rank rule (Pineda v Claudio) Under the automatic reversion rule, all appointments involved in chain of promotions must be submitted simultaneously for approval by the Commission, the disapproval of the appointment of a person proposed to a higher position invalidates the promotion of those in the lower positions and automatically restores them to their former positions. 4. right to vacation leave and sick leave with pay 5. right to maternity leave 6. right to pension and gratuity Pension refers to the regular allowance paid to an individual or a group of individuals by the government in consideration of services rendered or in recognition of merit, civil or military Gratuity is a donation and an act of pure liberality on the part of the State 7. right to retirement pay 8. right to reimbursement for expenses incurred in the performance of duty 9. right to be indemnified against any liability which they may incur in bona fide discharge of duties 10. right to longevity pay 11. right to self-organization Modes of termination of official relations Natural causes: 1. expiration of the term or tenure of office 2. reaching the age limit ( retirement) 3. death or permanent disability Acts/ neglect of officer: 1. resignation 2. acceptance of an incompatible office 3. abandonment of office 4. prescription of right to office 5. failure to assume elective office within six months from proclamation 6. filing of certificate of candidacy Acts of the government or people: 1. removal 2. impeachment 3. abolition of office 4. conviction of a crime 5. recall When a public officer holds office at the pleasure of the appointing power, his replacement amounts to expiration of his term, and not removal (Alajar v Alba)
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Under the principle of hold-over, if no express or implied constitutional or statutory provision to the contrary, a public officer is entitled to hold office the successor has been chosen and shall have qualified. Retirement age: 1. members of the Judiciary: 70 years of age 2. other government officers and employees: 65 years of age 3. optional retirement age: after rendition of minimum number of years of service Accepting authority for resignation: 1. to competent authorities as provided by law 2. if the law is silent and the public officer is appointed, to appointing officer 3. if the law is silent and the public officer is elected, to officer authorized by law to call election to fill vacancyPresident and Vice-President, to Congress members of the Congress, to respective chambers governors, vice-governors, mayors and vicemayors of highly urbanized cities and independent component cities- to President municipal mayors and vice-mayors, city mayors and vice mayors of component cities- to provincial governor sanggunian members- to Sanggunian concerned elective barangay officials- to municipal and city mayors Recall is the termination of official relationship for loss of confidence prior to expiration of his term through the will of the people Limitations on recall: 1. any elective official may be subject of a recall election only once during his term of office for loss of confidence 2. no recall shall take place within one year from the date of the officials assumption to office or one year immediately preceding a regular local election Procedure for recall by the registered voters in the province, city, municipality or barangay concerned: at least 25% of the total number of registered voters in the local government unit concerned during the election in which the local official sought to be recalled was elected 1. a written petition is filed with the COMELEC in the presence of the representative of the petitioner and a representative of the official sought to be recalled, and in a public place of the local government unit 2. the COMELEC shall cause the publication of the petition in a public and conspicuous place for a period of not less than 10 days nor more than 20 days 3. upon the lapse of the said period, the COMELEC shall announce the acceptance of candidates and shall prepare the list of candidates which shall include the name of the official sought to be recalled

Election recall: the COMELEC shall set the date of the election on recall: 1. for barangay, city or municipal officials not later than 30 days after the filing of the resolution or petitioner 2. for provincial officials not later than 45 days after the filing of the resolution or petitioner Effectivity of recall: only upon the election and proclamation of a successor in the person of the candidate receiving the highest number of votes cast during the election on recall; should the official sought to be recalled receive the highest number of votes, confidence in him is thereby affirmed, and he shall continue in office. ELECTION LAW Suffrage A suffrage is the right to vote in the election of all officers chosen by the people, and in the determination of all questions submitted to the people. Suffrage includes: 1. election- it is the means by which people choose their officials for a definite and fixed periods and to whom they entrust, for the time being as their representatives, the exercise of powers of government Kinds of election: 1. regular election refers to an election participated in by those who possess the right of suffrage and not disqualified by law and who are registered voters 2. special election is when there is failure of election on the scheduled date of regular election in a particular place or which is conducted to fill up certain vacancies, as provided by law 2. plebiscite- it is the name given to a vote of the people expressing their choice for or against a proposed law or enactment submitted to them (in the Philippines, the term is applied to an election at which any proposed amendment to, or revision of, the constitution is submitted to the people for their ratification) 3. referendum- it is the submission of a law or part thereof passed by the national or local legislative body to the voting citizens of a country for their ratification or rejection 4. initiative- it is the process whereby the people directly propose and enact laws 5. recall- it is a method by which a public officer may be removed from office during his tenure or before the expiration of his term by a vote of the people after registration of a petition signed by a required percentage of the qualified voters Failure of elections: there are only three instances when failure of election may be declared; if on account of force majeure, violence, terrorism, fraud or other analogous cases1. no election is held on the date fixed or
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2. election is suspended before the hour fixed by law for the closing of the voting or 3. election is held, but after the voting and during preparation and transmission of the election returns or in the custody or canvass thereof, such election results in failure to elect What is common among the three instances is the resulting failure to elect. In the first instance, no election is held while in the second, the election suspended. In the third instance, circumstances attending the preparation, transmission, custody or canvass of the election returns cause a failure to elect. The term failure to elect means nobody emerged as a winner (Pasandalan v COMELEC) The causes for the declaration of a failure of election may occur before or after the casting of votes or on the day of the election. (sec. 4, RA 7166) The COMELEC shall call for the holding or continuation of the election on a date reasonably close to the date of the election not held, suspended, or which resulted in a failure to elect but not later than 30 days after the cessation of the cause of such suspension or failure to elect (sec. 6, BP 881) In such election, the location of polling places shall be the same as that of the preceding regular election. However, changes may be initiated by written petition of the majority of the voters of the precinct or agreement of all the political parties or by resolution of the COMELEC after notice and hearing. (Cawasa v COMELEC) Postponement of elections: an election may be postponed by the COMELEC either motu proprio or upon a verified petition by any interested party when there is violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, and other analogous cause of such a nature that the holding of a free, orderly and honest election becomes impossible in any political subidivion (sec. 5, BP 881) The COMELEC shall call for the holding of the election on a date reasonably close to the date of the election not held, suspended, or which resulted in a failure to elect but not later than 30 days after the cessation of the cause for such postponement or suspension of the election or failure to elect (sec. 5, BP 881) de facto officer intruder officer under any of the four one who takes possession of circumstances mentioned an office and undertakes to act officially without any authority, either actual or apparent has color of right or title to has neither lawful title nor office color of right or title to office acts are valid as to the acts are absolutely void and public until such time as his can be impeached in any title to the office is proceeding at any time

adjudged insufficient

unless and until he continues to act for so long a time as to afford a presumption of his right to act entitled to compensation for not entitled to compensation services rendered Voters Qualifications for suffrage: 1. citizen of the Philippines 2. not disqualified by law 3. at least 18 years old 4. resident of the Philippines for at least one year 5. resident of the place wherein he proposes to vote for at least six months immediately preceding the election Disqualifications: 1. any person sentenced by final judgment to suffer imprisonment of not less than one year, which disability has not been removed by plenary pardon; but the right is required upon expiration of five years after service of sentence 2. any person adjudged by final judgment of having committed any crime involving disloyalty to government or any crime against national security; but the right is required upon expiration of five years after service of sentence 3. insane or incompetent persons as declared by competent authority (sec. 118, OEC) Registration registration refers to the act of accomplishing and filing of a sworn application for registration by a qualified votes before the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval by the Election Registration Board. Voters Registration Act of 1996 (RA 8189) Continuing registration: every day except 120 days before a regular election and 90 days before election (sec. 8) Petition for inclusion (sec. 34) and exclusion (sec. 35): jurisdiction 1. municipal trial courts- original an exclusive jurisdiction 2. regional trial courts- appellate jurisdiction 3. Supreme Court- appellate jurisdiction over regional trial courts on question of law petitioner 1. for inclusion, by private person whose application was disapproved by the Election Registration Board or whose name was stricken out from the list of voters 2. for exclusion, by any registered voter, representative of political party, election officer,
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COMELEC period of filing 1. for inclusion, any daye except 105 days before regular election or 75 days before a special election 2. for exclusion, any time except 100 days before a regular election or 65 days before a special election Political party A political party is an organized group of citizens advocating an ideology platform, principles and policies for the general conduct of government and which, as the most immediate means of securing their adoption, regularly nominates and supports certain of its leaders and members as candidate in public office (Bayan Muna v COMELEC) It must be registered with the COMELEC in order to acquire juridical personality and to entitle it to rights and privileges granted to political parties. Groups disqualified for registration: 1. religious denominations or sects 2. those who seek to achieve their goals through violence or unlawful means 3. those who refuse to uphold and adhere to Constitution 4. those supported by foreign governments Grounds for cancellation of registration: 1. accepting financial contributions from foreign governments or their agencies 2. failure to obtain at least 10% of votes casts in constituency where the party fielded candidates No votes cast in favor of political party, organization or coalition shall be valid except for those registered under the party-list system provided in the Constitution A party-list system is a mechanism of proportional representation in the elevtion of representatives to House of Representatives from national, regional and sectoral parties or organizations or coalitions threof registered with the COMELEC. Political parties registered under the party-list system shall be entitled to appoint poll watchers in accordance with the law. Party-list representatives shall constitute 20% of total number of representatives in the House. Guidelines for screening party-list participants: 1. the political party, sector, organization or coalition must represent the marginalized and underrepresented groups identified in sec. 5 of RA 7941; majority of its membership should belong to the marginalized and underrepresented 2. while even major political parties are expressly allowed by RA 7941 and the Constitution, they must comply with the declared statutory policy of Filipino citizens belonging to marginalized and underrepresented sectors to be elected to the House of Representatives; thus, they must show that they represent the interest of

the marginalized and underrepresented 3. that religious sector may not be represented in the party-list system; except that priests, imam or pastors may be elected should they represent not their religious sect but the indigenous community sector 4. a party or an organization must not be disqualified under sec. 6 RA 7941 as follows: it is a religious sect or denomination, organization or association organized for religious purposes it advocates violence or unlawful means to seek its goals it is a foreign party or organization it is receiving support from any foreign government, foreign political party, foundation, organization, whether directly through any of its officers or members or indirectly through third parties for partisan election purposes it violates or fails to comply with laws, rules or regulation relating to election it declares untruthful statements in its petitioner it has ceased to exist for at least one year it fails to participate in the last two preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in two preceding elections for the constituency in which it has registered 5. the party or organization must not be an adjunct of, or a project organized or an entity funded or assisted by, the government 6. the party, including its nominees, must comply with the qualification requirements of sec. 9, RA 7941 as follows- no person shall be nominated as party-list representative unless he is: natural-born citizens of the Philippines a registered voter a resident of the Philippines for a period of not less than one year immediately preceding the day of the election able to read and write a bon fide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election at least 25 years of age on the day of election In case of nominee of the youth sector, he must at least be 25 but not more than 30 years of age on the day of election. Any youth sectoral representative who attains the age of 30 during his term shall be allowed to continue in office until the expiration of his terms 7. not only the candidate party or organization must represent the marginalized and underrepresented sectors, so also must its nominees 8. while lacking the well-defined political constituency, the nominee must likewise be able to contribute the formation and enactment of appropriate
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legislation that will benefit the nation as a whole (Ang Bagong Bayani- OFW Labor Party v COMELEC) Candidates Rules in filing of certificates of candidacy: 1. no person shall be elected into public office unless he files his certificate of candidacy within the prescribed period 2. no person shall be eligible for more than one office; if he files for more than one position, he shall not be eligible for all unless he cancels all and retains one 3. the certificate of candidacy shall be filed by the candidate personally or by his duly authorized representative 4. upon filing, an individual becomes a candidate, he is already covered by rules, restrictions and processes involving candidates Disqualification of candidates: 1. declared as incompetent or insane by competent authority 2. convicted by final judgment for subversion, insurrection, rebellion or any offense for which he has been sentenced to a penalty of 18 months imprisonment 3. convicted by final judgment for crimes involving moral turpitude 4. any person who is permanent resident of or immigrant to a foreign country 5. one who has violated the provisions on: campaign period removal, destruction of lawful election propaganda prohibited forms of propaganda regulation of propaganda through mass media election offenses When a candidate has not yet been disqualified by final judgment during the election day and was voted for, the votes cast in his favor cannot be declared stray. To do so would amount to disenfranchising the electorate in whom sovereignty resides (Codillo v Hon. Jose de Venecia) Effect of a disqualification case (under RA 6646): 1. any candidate who has been declared by final judgment to be disqualified shall not be voted for; the votes cast in his favor shall not be counted 2. if the candidate is not disqualified by final judgment before the election and receives the highest number of votes in the election, the court or COMELEC will continue with the trial and hearing of the action, inquiry or protest; upon motion of the complainant or intervenor, the court or COMELEC may order the suspension of the proclamation of the candidate whenever the evidence of his guilt is strong Nuisance candidates refer to candidates who have no bona fide intention to run for the office for which the certificate of candidacy has been filed and would thus prevent a faithful determination of the true will of the

people. Rule on nuisance candidate: the COMELEC may motu proprio or upon petition of interested party, refuse to give due course to or cancel certificate of candidacy if shown that said certificate was filed: 1. to put election process in mockery or disrepute 2. to cause confusion among voters by similarity of names of registered candidates 3. by other circumstances or acts which demonstrate that a candidate has no bona fide intention to run for office for which the certificate has been filed, and thus prevent a faithful determination of the true will of the electorate (sec. 69, BP 881) Candidates holding appointive office or position shall be considered ipso facto resigned from his office (sec. 66, BP 881) Fair Elections Act of 2001 (RA 9006) Now, any elective official, whether national or local, running for any office other than the one which he is holding in a permanent capacity shall not be considered ipso facto resigned from his office upon the filing of his certificate of candidacy. Lawful election propaganda (sec. 3): 1. written and printed materials (8.5 w x 14l) 2. handwritten or printed letters 3. posters (2 x 3) in common-private poster areas ( not more than 10 public places per political party or independent candidate, 12 16), private places and public places 4. rally streamers (3 x 8) at the site and on the occasion of a public meeting or rally which may be displayed five days before the date of rally but shall be removed within 24 hours after the said rally 5. paid advertisements at discounted rates print ads of 1/4th page in broadsheets and 1/2 page in tabloids thrice a week per during the campaign period television of 120 minutes for candidate for nationally elective office and 60 for local radio of 180 minutes for candidate for nationally elective office and 90 for local Prohibited campaign: 1. public exhibition of movie, cinematograph or documentary portraying the life or biography of a candidate during campaign period 2. public exhibition of a movie, cinematograph or documentary portrayed by an actor or media personality who is himself a candidate 3. use of airtime for campaign of a media practitioner who is an official of a party or a member of the campaign staff of a candidate or political party Limitation on expenses: 1. for candidates: President and Vice-President: P10/ voter
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other candidates, if with a party: P3/voter other candidates, if without a party: P5/voter 2. for political parties: P5/voter Statement of contribution and expenses: every candidates and treasurer of political parties shall, within 30 days after the day of election, file offices of COMELEC the full, true and itemized statement of all contribution and expenditures in connection with the election. Election survey: the Supreme Court held that sec. 5.4 of the Fair Election Act prohibiting publication of survey results 15 days immediately preceding a national election and 7 days before a local election violates the constitutional rights of speech, expression and the press because: 1. it imposes a prior restraint on the freedom of expression 2. it is a direct and total suppression of a category of expression even though such suppression is only for a limited period 3. the governmental interest sought to be promoted can be achieved by means other than the suppression of freedom of expression (Social Weather Station v COMELEC) Substituted and substitute candidate: in case of valid substitutions after the official ballots have been printed, the votes cast for the substituted candidates shall be considered as stray votes but shall not invalidate the whole ballot. For this purpose, the official ballots shall provide for spaces where the voters may write the name of the substitute candidates if they are voting for the latter, provided that if the substitute candidate is of the same family name, this provision shall not apply (sec. 12, RA 9006) Under Lone Candidate Law, upon expiration of the deadline for filing of certificate of candidacy in a special election called to fill a vacancy in an elective position other than that for President and Vice-President, when there is only one qualifie candidate for such position, the lone candidate shall be proclaimed elected to the position by proper proclaiming body of the COMELEC without holding the special election upon certificationby the COMELEC that he is the only candidate for the office and is thereby deemed elected (RA 8295) Appreciation of ballots Under the equity-of-the-incumbent rule, if two or more candidates are running for the same office, and they bear tge same first name, surname or both and a voter in his ballot wrote only either of the two, the vote shall be appreciated in favor of the incumbent. Under the idem sonans (same sound) rule, if the name of the candidate is misspelled by the voter, for as long as when it is pronounced it sounds like the name of the candidate, it shall be counted in his favor, unless it can be considered as a marking; if it is a marking, the entire

ballot shall be invalid. Under the description personae rule, the use of nicknames and appellation of affection and friendship, if accompanied by the first name or surname of the candidate, does not annul such vote, except when they are used as a means to identify the voter, in which case the whole ballot is invalid. Pre-proclamation controversy A pre-proclamation controversy refers to any question pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition of political parties before the board or directly with the COMELEC. (SEC. 241) It would also refer to any matter raised under sections 233, 234, 235, and 236 of the Omnibus Election Code in relation to the preparation, transmission, receipt, custody, and appreciation of the election returns. (Board of canvassers have original jurisdiction while COMELEC have appellate jurisdiction) 1. when election returns are delayed, lost or destroyed (sec.233) 2. material defects in the election returns (sec. 234) 3. when election returns appear to be tampered with or falsified. (sec. 235) 4. discrepancies in election returns (sec. 236) Those that can be filed with COMELEC directly are the following: 1. issue involves the illegal composition or proceedings of the board of canvassers, as when a majority or all of the members do not hold legal appointments or are in fact usurpers 2. issue involves the correction of manifest errors in the tabulation or tallying of the results during the canvassing Recount: there can be a recount under the grounds of sections 234-236. The returns involved will affect the results and the integrity of the ballot box has been preserved Issues that may be raised in a pre-proclamation controversy: 1. illegal composition or proceedings of the board of canvassers 2. the canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified, or contain discrepancies in the same returns or in authentic copies thereof 3. the election returns were prepared under duress, threats, coercion, or intimidation, or they are obviously manufactured, or not authentic 4. when substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved
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candidate/s Procedure: 1. contested composition or proceedings of the board (under RA 7166)- may be initiated in the board or directly with COMELEC 2. contested election returns (under RA 7166)matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns, and certificate of canvass, should be brought in the first instance before the board of canvassers only Summary nature of pre-proclamation controversy: preproclamation controversies shall be heard summarily by the COMELEC. Its decision shall be executory after the lapse of 5 days from receipt by the losing party of the decision, unless restrained by the SC. Effect of filing petition to annul or suspend proclamation: it suspends the running of the period within which to file an election protest or quo warranto proceeding. When not allowed: pre-proclamation cases on matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns or the certificates of canvass not allowed in elections for: (under RA 7166) 1. President 2. Vice-President 3. Senator 4. Member of the House of Representatives The appropriate canvassing body motu propio or upon written complaint of an interested person can correct manifest errors in the certificate of canvass or election returns before it. Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with COMELEC. When pre-proclamation cases are deemed terminated: all pre-proclamation cases pending before the COMELEC shall be deemed terminated at the beginning of the term of the office involved and the rulings of the boards of canvassers concerned deemed affirmed. This is without prejudice to the filing of a regular election protest by the aggrieved party (RA 7166) However, the proceedings may continue if: 1. the COMELEC determines that the petition is meritorious and issues an order for the proceedings to continue or 2. the Supreme Court issues an order for the proceedings to continue in a petition for certiorari Election contests Nature: special summary proceeding the object of which is to expedite settlement of controversies between candidates as to who received majority of legal votes Purpose: to ascertain the true will of people and the duly

elected officer, and this could be achieved by throwing wide open the appeal before the court Contest: any matter involving title or claim of title to an elective office, made before or after proclamation of winner, whether or not the contestant is claiming office in dispute Election, returns and qualification- refers to all matters affecting validity of the contestees title to the position Election- refers to the conduct of the polls, including the registration of voters, holding of election campaign, and casting and counting of votes Returns- include the canvass of return and proclamation of winners, together with questions concerning composition of Board of Canvassers and authenticity of election returns Qualifications- refers to matter which could be raised in a quo warranto proceeding against the proclaimed winner, such as his disloyalty to the Republic or his ineligibility or inadequacy of his certificate of candidacy. Original exclusive jurisdiction over election contests: 1. President and Vice-President: Supreme Court en banc 2. senator: Senate Electoral Tribunal 3. representative: House of Representatives Electoral Tribunal 4. regional, provincial city officials: COMELEC 5. municipal officials: regional trial court 6. barangay officials: municipal trial courts Appellate jurisdiction: 1. for the decisions of regional trial courts and municipal trial courts: appeal to COMELEC whose decision shall be final and executory 2. for the decisions of COMELEC: petition for review with the Supreme Court within 30 days from receipt of decision on ground of grave abuse of discretion amounting to lack or excess of jurisdiction or violation of the due process 3. for the decisions of electoral tribunal: petition for review on certiorari with the Supreme Court on ground of grave abuse of discretion amounting to lack or excess of jurisdiction or violation of due process Actions which may be filed: 1. election protest, which may be filed by any candidate who has filed a certificate of candidacy and has been voted upon for the same officer grounds: fraud, terrorism, irregularities, or illegal acts committed before, during or after casting and counting of votes time to file: within ten days from proclamation of results of election 2. quo warranto, which may be filed by any registered voter in the constituency grounds: ineligibility, or disloyalty to Republic time to file: within 10 days from proclamation of results
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of election quo warranto in elective quo warranto in appointive office office determination is eligibility determination is legality of of candidate-elect appointment when a person elected is the court may determine as declared ineligible, the to who among the parties court declare the second has legal title to office placer as elected, even if eligible Distinctions between pre-proclamation controversy and election contest: 1. dividing line: proclamation of a candidate 2. jurisdiction in pre-proclamation controversy 1. the jurisdiction of COMELEC is administrative/ quasi-judicial 2. it is governed by the requirements of administrative due process in election contest 1. the jurisdiction of COMELEC is judicial 2. it is governed by the requirements of judicial process In some cases, even if the case (involving municipal officials) began with the COMELEC before proclamation but a proclamation is made before the controversy is resolved, it ceases to be a preproclamation controversy and becomes an election contest cognizable by the regional trial court. However, in some cases, the Court has recognized the jurisdiction of COMELEC over municipal cases even after proclamation. An election contest necessarily survives the death of the protestant or the protestee (De Castro v COMELEC) Election offenses Vote buying and vote-selling: 1. give, offer or promise money or anything of value 2. making or offer to make any expenditure, directly or indirectly, or cause expenditure to be made to any person, association, corporation, entity or community 3. soliciting or receiving, directly or indirectly, any expenditure or promise of any office or employment, public or private Coercion of a subordinate: 1. coercing, intimidating or compelling or influencing, in any manner, any subordinates, members, parishioners or employees or house helpers, tenants, overseers, farm helpers, tillers or lease holders to aid, campaign or vote for or against a candidate or aspirant for the nomination or selection of candidates 2. dismissing or threatening to dismiss, punishing or threatening to punish by reducing salary, wage or compensation or by demotion, transfer, suspension etc. Who can be held liable?

1. public officer 2. officer of a public/ private corporation/ association 3. heads/ superior/ administrator of any religious organization 4. employer/ landowner Appointment of new employees, creation of new position, promotion or giving salary increases: 1. appointing or hiring a new employee (provisional, temporary or casual) 2. creating or filling any new position 3. promoting/giving an increase in salary, remuneration or privilege to any government official or employee Who can be held liable? any head/ official/ appointing officer of a government office, agency or instrumentality, whether national or local, including government-owned or controlled corporations Prohibition against release, disbursement or expenditure of public funds: the release, disbursement or expenditure of public funds for any and other kinds of public works Who can be held liable? any public official or employee including barangay officials and those of governmentowned or controlled corporations/ subsidiaries Suspension of elective, provincial, city, municipal or barangay officer: public official cannot suspend any of the officers enumerated above during the election period. Exceptions: 1. with prior approval of COMELEC 2. suspension is for the purpose of applying the Anti-Graft and Corrupt Practices Act Other election offenses under RA 6646: 1. causing the printing of official ballots and election returns by printing establishments not on contract with COMELEC and printing establishments which undertakes unauthorized printing 2. tampering, increasing or decreasing the votes received by a candidate or refusing after proper verification and hearing to credit the correct votes or deduct the tampered votes (committed by a member of the board of election inspectors) 3. refusing to issue the certificate of voters to the duly accredited watchers (committed by a member of the BEI) 4. person who violated provisions against prohibited forms of election propaganda 5. failure to give notice of meetings to other members of the board, candidate or political party (committed by the Chairman of the board of canvassers) 6. a person who has been declared a nuisance candidate or is otherwise disqualified who continues to misrepresent himself as a candidate (e.g., by continuing to campaign) and any public officer or private individual
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who knowingly induces or abets such misrepresentation by commission or omission. 7. if the chairman of the BEI fails to affix his signature at the back of the official ballot, in the presence of the voter, before delivering the ballot to the voter (under RA 7166) Prescription of election offenses: 1. election offenses shall prescribe after 5 years from the date of their commission 2. if the discovery of the offense is made in an election contest proceeding, the period of prescription shall commence on the date on which the judgment in such proceedings becomes final and executory Jurisdiction of courts 1. the regional trial court has exclusive original jurisdiction to try and decide any criminal action or proceedings for violation of the Code 2. the municipal trial court and municipal circuit trial court have jurisdiction over offenses relating to failure to register or vote LAW ON PUBLIC CORPORATION Scope of application of the Local Government Code: applicable to all: 1. provinces 2. cities 3. municipalities 4. barangays 5. and other political subdivisions as may be created by law 6. to the extent provided in the Local Government Codeto officials offices agencies of the National Government The purpose of local autonomy, in its constitutional sense, is to polarize the local government units from over dependence on central government and not make local government units as mini-republics or imperium in imperia. Decentralization of power: in decentralization of administration, the central government delegates administrative powers to political subdivisions in order to broaden base of government power and in process make the local government units more responsive and accountable and ensure their fullest development as self-reliant communities and make them effective partners in the pursuit of national development and social progress in decentralization of power - an autonomous government is subject alone to the decree of the organic act creating it and accepted principles on the effects and limits of autonomy; it involves abdication of political power in favor of the local government units declared

autonomous (Limbona v Mengelin) Levels of decentralization: 1. administrative autonomy- the central government delegates administrative powers to the political subdivisions. 2. political autonomy- involves the abdication of political power in favor of local government units declared to be autonomous; it would amount to selfimmolation because the autonomous government would become accountable to its constituency, not to the central government Devolution is the act by which the national government confers power and authority upon various local government units to perform specific functions and responsibilities (sec. 17(e), par. 2, RA 7160) Declaration of policy: 1. the territorial and political subdivisions of the state shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as selfreliant communities and make them more effective partners in the attainment of national goals 2. to ensure the accountability of local government units through the institution of effective mechanisms of recall, initiative and referendum 3. to require all national agencies and offices to conduct periodic consultations with appropriate local government units, nongovernmental and peoples organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions Rules on interpretation: 1. provision on power- liberally interpreted in favor of the local government units, and in case of doubt, any provision thereon shall be resolved in favor of devolution of powers 2. ordinance or revenue measure: construed strictly against the local government units enacting it, and liberally in favor of the taxpayer 3. tax exemptions, incentive or relief granted by any local government units: construed strictly against the person claiming it 4. general welfare provisions: liberally interpreted to give more powers to local government units in accelerating economic development and upgrading the quality of life for the people in the community 5. rights and obligations existing on the date of effectivity of the Local Government Code and arising out of contracts or any other source of prestation involving a local government units shall be governed by the original terms and conditions of said contracts or the law in force at the time such rights were vested 6. resolution of controversies arising under the Code where no legal provision or jurisprudence applies, resort my be had to the customs and traditions in the place
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where the controversies take place Public corporation A public corporation is one formed or organized for the government of a portion of the State. Elements of a public corporation: 1. a legal creation or incorporation 2. a corporate name by which the artificial personality or legal entity is known and in which all corporate acts are done 3. inhabitants constituting the population who are invested with the political and corporate powers which are executed through duly constituted officers and agents 4. a place or territory within which the local civil government and corporate functions are exercised Dual nature of municipal corporations: 1. governmental the municipal corporation acts as an agent of the state for the government of the territory and the inhabitants within the municipal limits it exercises by delegation a part of the sovereignty of the state 2. private/ proprietary it acts in a similar category as a business corporation, performing functions not strictly governmental or political those exercised for the special benefit and advantage of the community Every local government unit created or recognized under the Local Government Code is a body politic and corporate endowed with powers to be exercised by it in conformity with law. As such, it shall exercise powers as a political subdivision of the national government and as a corporate entity representing the inhabitants of its territory. (sec. 15) Classification of corporation: 1. quasi-corporation, public corporations created as agencies of State for narrow and limited purposes 2. municipal corporation, body politic and corporate constituted by incorporation of inhabitants of city or town purposes of local government thereof or as agency of State to assist in civil government of the country 3. quasi-public corporation, a private corporation that renders public service or supplies public wants public corporation private corporation established for purposes of created for private aim, gain administration of civil and or benefit of members local governments creation of state either by created by will of special or general act incorporators with recognizance of state involuntary consequence of voluntary agreement by and legislation among members De facto municipal corporation

Requisites: 1. valid law authorizing incorporation 2. attempt in good faith to organize under it 3. colorable compliance with law 4. assumption of corporate powers Territorial and political subdivisions enjoying local autonomy The province is a cluster of municipalities, or municipalities and component cities, and serves as dynamic mechanism for developmental processes and effective governance of local government units within its territorial jurisdiction. A city is composed of more urbanized and developed barangays, serves as a general purpose government for coordination and delivery of basic, regular and direct services and effective governance of inhabitants within its territorial jurisdiction A municipality is consisting of group of barangays, serves primarily as a general purpose government for coordination and delivery of basic, regular and direct services and effective governance of inhabitants within its territorial jurisdiction The barangay is the basic political unit which serves as primary planning and implementing unit of government policies, plans, programs, projects and activities in community, and as a forum wherein collective views of people may be expressed, crystallized and considered and where disputes may be amicably settled Autonomous regions are those created for decentralization of administration or decentralization of government Special metropolitan political subdivisions are those created for sole purpose of coordination of delivery of basic services Administrative regions are mere groupings of contiguous provinces for administrative purposes. They are not territorial and political subdivisions like provinces, cities, municipalities and barangays. While the power to merge administrative regions is not expressly provided for in the Constitution, it is a power which has traditionally been lodged with the President to facilitate the exercise of the power of general supervision over local governments (Abbas v COMELEC) Creation of municipal corporations: 1. for province, city or municipality, only by act of Congress 2. for barangays, ordinance passed by respective Sanggunian Indicators: 1. income 2. population 3. land area Plebiscite requirement: approved by a majority of the votes cast in a plebiscite called for the purpose in the
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political unit/s directly affected (sec. 10, RA 7160) Beginning of corporate existence: upon election and qualification of its chief executive and majority of members of its Sanggunian, unless some other time is fixed therefore by law or ordinance creating it Mode of inquiry to the legal existence of a local government unit: quo warranto, which is reserved to State or other direct proceedings Abolition of a local government unit: when income, population or land area of a local government unit has been reduced to less than the minimum standards prescribed for its creation; the law or ordinance abolishing a local government unit shall specify the province, city, municipality or barangay with which a local government unit sought to be abolished will be incorporated or merged Division and merger of a local government unit: shall comply with the same requirements, provided that1. shall not reduce income, population or land area of the local government unit concerned to less than the minimum requirements prescribed 2. income classification of the original local government unit shall not fall below its current income classification prior to division 3. plebiscite be held in the local government units affected 4. assets and liabilities of creation shall be equitably distributed between the local government units affected and the new local government unit; when a municipal district of other territorial divisions is converted or fused into a municipality, all property rights vested in the original territorial organization shall become vested in the government of municipality Powers of the local government units Classification of the powers of local government units: 1. express, implied and inherent 2. public or governmental, private or proprietary 3. intramural and extramural 4. mandatory and directory; ministerial and discretionaty Governmental powers of the local government units: 1. general welfare (sec. 16, RA 7160)- statutory grant of police power to the local government units; it is limited toterritoriality equal protection clause due process clause must not be contrary to law 2. delivery of basic services and facilities (sec. 17, RA 7160) 3. power to generate and apply resources (sec. 18, RA 7160) 4. eminent domain (sec. 19, RA 7160) Additional limitation for the exercise:

the exercise by the local chief executive is pursuant to an ordinance for public use, purpose or welfare for the benefit of the poor and landless payment of just compensation only after valid and definite offer had been made to and not accepted by owner (Municipality of Paranaque v VM Realty Corporation) 5. reclassification of lands (sec. 20, RA 7160) Limited by the following percentage of total agricultural land area: for highly urbanized cities and independent component cities: 15% for component cities and first to third class municipalities: 10% for fourth to sixth class municipalities: 5% 6. closure and opening of roads (sec. 21, RA 7160) In case of permanent closure: adequate provision for public safety must be made may be properly used or conveyed for any purpose for which other real property may be lawfully used or conveyed; provided that no freedom park be permanently closed without provisions of transfer to new site 7. local legislative power (sec. 48-59, RA 7160) Approval of ordinance: the signature of the local chief executive on each and every page if the local chief executive vetoes the same, it may be overridden by the 2/3 vote of all sanggunian membersground for veto- ordinance is ultra vires or prejudicial to public welfare the local chief executive may veto a particular item of appropriation ordinance, adoption of local development plan and public investment plan, or ordinance directing payment of money or creating liability the local chief executive may veto an ordinance only once the veto is communicated to sanggunian within 15 days for province and 10 days for city or municipality Requisites for validity: 1. must not contravene the Constitution and any statute 2. must not be unfair or oppressive 3. must not be partial or discriminatory 4. must not prohibit, but may regulate trade 5. must not be unreasonable 6. must be general in application and consistent with public policy Police power is not inherent in municipal corporations. Under the Code, local government units exercise police
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power under the general welfare clause. A barangay chairman has no veto power. Corporate powers of a local government unit: 1. to have continuous succession in its corporate name 2. to sue and be sued 3. to have and use a corporate seal 4. to acquire and convey real or personal property 5. to enter into contracts Requisites of a valid municipal contracts: a local government unit has express, implied or inherent power to enter into a particular contract entered into by proper department, board, committee or agent must comply with substantive requirements must comply with the formal requirements in case entered into by local chief executive on behalf of a local government unit, prior authorization by Sanggunian concerned is need 6. to exercise such other powers as are granted to corporation, subject to limitations in Local Government Code of 1991 and other laws Municipal liability local government units and their officials are not exempt from liability for death or injury to persons or damage to property (sec. 24, RA 7160) 1. statutory provisions on liability: article 2189, Civil Code, defective conditions of roads, streets, bridges, public buildings and other public works article 2180, Civil Code, acts through a special agent article 34, Civil Code, failure or refusal of a member of the police force to render aid and protection in case of danger to life and property 2. for tort, depends if engaged in: governmental functions, not liable proprietary functions, liable 3. for violation of law 4. for contracts, if the contract is: intra vires, liable ultra vires, not liable Under the doctrine of implied municipal liability: a municipality may become obligated upon an implied contract to pay the reasonable value of the benefits accepted or appropriated by it as to which it has the general power to contract (Province of Cebu v IAC); the doctrine applies to all cases where money or other property of a party is received under such circumstance that the general law, independent of an express contract, implies an obligation to do justice with respect to the same Qualifications and disqualifications of elective local officials

Qualification of elective local officials: 1. citizen of the Philippines 2. registered voter in the barangay, municipality, city or province where he intends to be elected 3. resident therein for at least one year immediately preceding the day of the election 4. able to read and write Filipino or any other local language or dialect 5. age requirement age position requirement at least 23 governor years old on vice-governor election day mayor, vice-mayor, member of sangguniang panglungsod of highly urbanized cities at least 21 mayor years old vice-mayor of independent component cities, component cities or municipalities at least 18 member of sangguniang years old on panglungsod election day member of sangguniang bayan punong barangay member of sangguniang barangay disqualifications for local elective officials: 1. those sentenced by final judgment for an offense involving moral turpitude, or for an offense punishable by one year or more of imprisonment within two years after serving sentence 2. those removed from office as a result of an administrative case 3. those convicted by final judgment for violating the oath of allegiance to the Republic 4. those with dual citizenship 5. fugitives from justice in criminal or non-political cases here or abroad 6. permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the Code 7. the insane or feeble minded (sec. 40, RA 7160) Manner of election Manner of election: 1. election at largegovernor and vice governor city or municipal mayor and city or municipal vice mayor punong barangay Sanggunian Kabataan chairman, elected by voters of Katipunan ng Kabataan 2. elected by districtregular members of Sanggunian
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ex-oficio members of Sanggunian panlalawigan president of leagues of sanggunian members of component cities and municipalities president of liga ng mga barangay and pederasyon ng mga sangguniang Kabataan panlungsod president of liga ng mga barangay and the pederasyon ng mga sangguniang Kabataan bayan president of liga ng mga barangay and the pederasyon ng mga sangguniang kabataan 3. sectoral representatives- women, worker, urban poor, and other sectors allowed by law Date of election: every three years on the second Monday of May, unless otherwise provided by law Term of office: three years staring from noon of June 30 next following the election or such date as may be provided by law, except that of elective barangay officials, for maximum of three consecutive terms in same position Limitation: after three consecutive terms, an elective local official cannot seek immediate re-election for a fourth term; the prohibited election refers to the next regular election for the same office following the end of the third consecutive term; any other subsequent election, like a recall election is no longer covered by the prohibition (Socrates v COMELEC) Filling of vacancy: 1. automatic succession: vacancy successor in the office of the governor, vice-governor, vicemayor mayor in the office of the governor, highest ranking vice-governor, mayor or vice- sanggunian member mayor in the office of the highest second highest ranking ranking sanggunian member sanggunian member (who was supposed to fill the vacant position of governor etc. in the office of the punong highest ranking barangay sangguniang barangay member/2nd highest ranking sanggunian member 2. by appointment: vacancy appointment by whom sanggunian panlalawigan or president, through panlungsod of highly executive secretary urbanized cities and independent component cities

sangguniang panlungsod of governor component cities, sangguniang bayan sangguniang barangay city/municipal mayor upon recommendation of the sanggunian barangay concerned The general rule is that the successor (by appointment) should come from the same political party as the Sanggunian member whose position has become vacant. The exception would be in the case of vacancy in the Sangguniang barangay. Grounds for disciplinary actions An elective local official may be disciplined, suspended or removed from office on any of the following grounds: 1. disloyalty to the Republic of the Philippines 2. culpable violation of the constitution 3. dishonesty, oppression, misconduct in office, gross negligence, dereliction of duty 4. commission of any offense involving moral turpitude or an offense punishable by at least prison mayor 5. abuse of authority 6. unauthorized absence for 15 consecutive working days, except in the case of members of the sanggunian panlalawigan, sangguniang panlungsod, sangguniang bayan, sangguniang barangay 7. application for or acquisition of foreign citizenship or residence or the status of an immigrant of another country 8. such other grounds as may be provided by the Omnibus Election Code and other laws Under section 60 of RA 7160, an elective local official may be removed from office on the grounds enumerated above by order of the proper court only (Salalima v Guingona) Recall election: the official/s sought to be recalled are automatically considered as duly registered candidates. The date set for the recall election should not be less than 30 days after filing of resolution/ petition in the case of barangay, city or municipal officials and 45 days in the case of provincial officials Effectivity of recall: 1. recall will only be effective upon the election and proclamation of a successor 2. if the official sought to be recalled receives the highest number of votes, confidence in him is affirmed and he shall continue in office Limitations on recall: 1. elective local official can be the subject of a recall election only once during his term of office 2. no recall shall take place within one year from the
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date of the officials assumption to office or one year immediately preceding a regular local election Local Initiative: is the legal process whereby the registered voters of a local government unit may directly propose, enact or amend any ordinance Who may exercise power: it may be exercised by all registered voters of the provinces, cities, municipalities, barangays. Procedure: 1. number of voters who should file petition with sanggunian concernedprovinces and cities at least 1000 registered voters municipality at least 100 barangay at least 50 2. sanggunian concerned has 30 days to act on the petition. if the sanggunian does not take any favorable action, the proponents may invoke the power of initiative, giving notice to sanggunian. 3. proponents will have the following number of days to collect required number of signatures: provinces and cities 90 days municipalities 60 days barangays 30 days 4. signing of petition 5. date for initiative set by COMELEC if required number of signatures has been obtained Effectivity of proposition: 1. if proposition is approved by a majority of the votes cast, it will take effect 15 days after certification by the COMELEC as if the Sanggunian and the local chief executive had taken affirmative action 2. if it fails to obtain required number of votes, it is considered defeated Limitations: 1. it should not be exercised more than once a year 2. it can only extend to subjects or matters which are within the legal powers of the sanggunians to enact 3. if the sanggunian adopts in toto the proposition presented and the local chief executive approves the same, the initiative shall be cancelled Limitations upon Sanggunians: 1. the Sanggunian cannot repeal, modify or amend any proposition or ordinance approved through system of initiative or referendum within six months from the date of approval thereof 2. the Sanggunian can amend, modify or repeal the proposition/ ordinance within three years thereafter by a vote of 3/4 of all its members 3. for barangays, the applicable period is 18 months Referendum: is the legal process whereby the registered voters of the local government units may approve, amend or reject any ordinance enacted by the Sanggunian.

Authority of courts: the proper courts can still declare void any proposition adopted pursuant to an initiative/referendum on the following grounds: 1. violation of the Constitution 2. want of capacity of the Sanggunian concerned to enact the measure PUBLIC INTERNATIONAL LAW Public international law is that law that deals with the conduct of states and international and international organizations, their relations with each other and, in certain circumstances, their relations with persons, natural or juridical Main divisions: 1. the laws of peace 2. the laws of war 3. the laws of neutrality Basis of international law: 1. the law of nature school- there is a natural and universal principle of right and wrong, independent of mutual intercourse or compact, which can be discovered and recognized by every individual through the use of his reason and conscience 2. the positivist school- the binding force of international law is derived from the agreement of the States to be bound by it; international law is not a law of subordination but of coordination 3. the eclectic or grotian school- in so far as it conforms to the dictates of right reason, the voluntary law may be said to blend with the natural law and be, indeed, an expression of it; in case of conflict, the natural law prevails, being the more fundamental law Sources of public international law: the primary or direct sources 1. international treaties and conventions law-making treaty (traiteloi) contract treaty (traeticontract) 2. international customs Requisites: prevailing practice by a number of states repeated over a considerable period of time attended by opinion juris or sense of legal obligation 3. general principles of law the secondary or indirect sources 1. judicial decisions of courts 2. writings of publicists 3. advisory opinions of the International Court of Justice As between a constitution and a treaty: generally, the treaty is rejected in the local forum but is upheld by international tribunals as a demandable obligation of the signatories under the maxim pacta sunt servanda; the treaty is always subject to qualifications or amendment
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by a subsequent law, and the same may never curtail or restrict the scope of the police power of the State (Ichong v Hernandez) Functions of international law: 1. promote international peace and security 2. foster friendly relations among nations and discourage the use of force in resolution of differences among them 3. provide for the orderly regulation of conduct of states in their mutual dealings 4 ensure international cooperation in pursuit of certain common purposes of economic, social, cultural or humanitarian character international law municipal law law of coordination law of subordination (issued by political superior) regulates the relations and regulates the relations of other international persons individuals among themselves or with their own states derived principally from consists mainly of statutory treaties, international enactments, and to a lesser customs and general extent executive orders and principles of law judicial pronouncements resolved through state-to- redressed through local state transactions administrative and judicial processes collective responsibility breach of which entails because it attaches directly individual responsibility to the state and not to its nationals Under the doctrine of incorporation, international law are adopted as part of a states municipal law, by a general provisions or clause usually in its Constitution (sec. 2, art. ii, 1987 Constitution) Under the doctrine of transformation, international law requires the enactment by the legislative body as are sought to be part of municipal law A subject of international law is an entity that has rights and responsibilities under the international law and having capacity to maintain its rights by bringing international claims, including: 1. states, independent and dependent 2. colonies and dependencies 3. mandates and trust territories 4. the Vatican 5. the United Nations 6. belligerent communities 7. international administrative bodies 8. individuals, to a certain extent A belligerent community is a group of rebels under an organized civil government who have taken up arms against the legitimate government; when recognized, it is

considered as a separate state for purposes of conflict and entitled to all rights and subjected to all obligations of a full-pledged belligerent under laws of war The United Nations is a mere organization of states created at San Francisco Conference from April 25 to June 26, 1945 and is governed by a charter that came into force on October 24, 1945; it is regarded as an international person for certain purposes Principal purposes of United Nations: 1. to maintain international peace and security 2. to develop friendly relations among nations 3. to achieve international cooperation, and 4. to be a center for harmonizing the actions of nations in the attainment of these common ends Qualifications for membership: 1. it must be a state 2. it must be peace-loving 3. it must accept the obligations of the Charter 4. it must be able to carry out these obligations 5. it must be willing to carry out these obligations Principal organs of the United Nations: 1. the General Assembly, which is the central organ where all members are represented; classification of functions: deliberative, supervision, financial , elective and constituent 2. the Security Council, is the organ responsible for the maintenance of peace and security, undertake preventive and enforcement actions 3. the Economic and Social Council, which exerts efforts towards higher standards of living, solutions of international economic, social, health and related problems, universal respect for and observance of human rights and fundamental freedoms 4. the Trusteeship Council, is the organ charged with the administration of international Trusteeship System 5. the International Court of Justice, which is the judicial organ of the United Nations; it is the world court governed by statute which is annexed to and made part of the United Nations charter Jurisdiction: decide issues referred to it (consensual): 1. interpretation of treaties 2. question of international law 3. existence of fact constituting a breach of international obligation 4. nature or extent of the reparation to be made for the breach of an international obligation 6. the Secretariat, which is the chief administrative organ of the United Nations A state may be defined as a group of people living together in a fixed territory, organized for political ends under an independent government and capable of entering into international relations with the other states The state should possess the following elements in order
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to be regarded as an international person: 1. a permanent population 2. a defined territory 3. government 4. sovereignty or independence Additional elements as suggested: 5. recognition by other states 6. possession of a sufficient degree of civilization Creation of state: 1. by revolution 2. by unification 3. by secession 4. by assertion of independence 5. by agreement, and 6. by attainment of civilization Extinction of state: 1. overthrowing of government resulting in anarchy 2. emigration en masse of its population 3. annexation 4. merger or unification 5. dismemberment 6. dissolution of federal union 7. partial loss of independence Under the principle of state continuity, the state continues as a juristic being notwithstanding changes in its circumstances provided only that such change do not results in the loss of any of its essential elements Recognition is an act by which a state acknowledges existence of another state, government or belligerent community and indicates its willingness to deal with the entity as such under rules of international law Theories: 1. declaratory- it merely affirms an existing fact like the possession by the state of the essential elements; discretionary and political 2. constitutive- it is the act of recognition that constitutes the entity into an international person; compulsory and legal; may be compelled once the elements of a state are established Objects: 1. state- generally held to be irrevocable and imports the recognition of its government 2. government- may be withdrawn and does not necessarily signify the existence of a state as the government may be that of a mere colony 3. belligerent community- rebels are accorded international personality only in connection with the hostilities they are waging Kinds: 1. express or implied, and 2. conditional or permanent Effects of recognition of a state or government: 1. diplomatic relations 2. right to sue in courts of recognizing state

3. right to possession of properties of predecessor on the reorganizing state 4. all acts of the recognized state or government are validated retroactively, preventing the recognizing state from passing upon their legality in its own courts Conditions for recognition of belligerency: 1. there must be an organized civil government directing the rebel forces 2. the rebels must occupy a substantial portion of the territory of the state 3. the conflict between the legitimate government and the rebels must be serious, making the outcome uncertain 4. the rebels must be willing and able to observe the laws of war Absence of one, there is only a state of insurgency. Effects of recognition of belligerency: 1. responsibility for acts of rebels resulting to injury to nationals of recognizing state shall be shifted to rebel government 2. the legitimate government recognizing the rebels as belligerents shall observe the laws and customs of war in conducting hostilities 3. third states recognizing belligerency should maintain neutrality 4. recognition is only provisional and only for purposes of hostilities Under the Tobar or Wilson principle, recognition shall not be extended to any government established by revolution, civil war, coup detat or other forms of internal violence until the freely elected representatives of the people have organized a constitutional government Under the Stimson doctrine, recognition shall not be extended to any government established as a result of external aggression Under the Estrada doctrine, any dealing or the absence of dealing with the government established a political upheaval is not a judgment on the legitimacy of the said government Requisites for recognition de jure: 1. the government is stable and effective 2. no substantial resistance to its authority 3. the government must show willingness and ability to discharge its international obligations 4. the government must enjoy popular consent or approval of the people Absence of one, there is only a recognition de facto. recognition de jure recognition de facto relatively permanent provisional (duration of armed struggle) vests title to properties of does not vests title to government abroad properties of government abroad brings about full diplomatic limited to certain juridical
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relations

relations

Fundamental rights of state: 1. existence and self-defense 2. sovereignty and independence 3. equality 4. territorial integrity and jurisdiction 5. legation or diplomatic intercourse By virtue of this right, the state may take such measures as may be necessary to resist any danger to its existence. Aggression is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations Requisites for proper exercise of right of self-defense 1. armed attack 2. self-defensive action taken by attacked state must be reported immediately to Security Council and 3. such action shall not in any way affect the right of Security Council to take at any time action as it deems necessary to maintain or restore international peace and security Sovereignty is the totality of the powers, legal competence and privileges arising from customary international law, and not dependent on the consent of another state Independence means freedom from control by other state or group of states and not freedom from the restrictions that are binding on all states forming the family of nations; carries with it by necessary implication the correlative duty of non-intervention What is meant by the principle of equality is that all the rights of a state, regardless of their number, must be observed and respected by the international community in the same manner that the rights of other states are observed and respected. Under the rule of par in parem non habet imperium, even the strongest state cannot assume jurisdiction over another state, no matter how weak, or question the validity of its acts in so far as they are made to take effect within its own territory Components of the territory of a state: 1. the terrestrial domain, which is the land mass on which the inhabitants live 2. the maritime and fluvial domain internal or national waters- are bodies of water within the land mass, among them are: 1. rivers, which may be national, boundary, or international under the Thalweg Doctrine, for boundary rivers, in the absence of an agreement between the riparian states, the boundary line is laid on the middle of the main navigable channel under the Middle of the bridge doctrine, where

there is a bridge over a boundary river, the boundary line is the middle or center of the bridges 2. bays and gulfs 3. strait 4. archipelagic waters Under the Archipelago doctrine, the waters around, between and connecting the islands of the archipelago regardless of their breadth and dimensions are to be treated as internal waters Two kinds of archipelago: 1. coastal, situated close to a mainland and may be considered a part thereof 2. mid-ocean, situated in the ocean at such distance from the coasts of firm land territorial sea submarine area 3. the aerial domain modes of acquiring territory loss of territory discovery and occupation dereliction cession cession accretion conquest prescription erosion, or other natural causes conquest and subjugation prescription Bases of jurisdiction: 1. territorial principle, vests jurisdiction in state where offense is committed, (art. 14, Civil Code) 2. nationality principle, vests jurisdiction in state of offender (art. 15, Civil Code, tax laws) 3. protective principle, vests jurisdiction in state whose national interests is injured or national security is compromised 4. passive personality principle, vests jurisdiction in state of offended party 5. universality principle, vests jurisdiction in state which has custody of offender of universal crimes Genocide refers to the act committed with intent to destroy, in whole and in part a national, ethnic, racial or religious group by: 1. killing the members of the group 2. deliberately inflicting on group conditions of life calculated to bring about its physical destruction in whole or in part 3. imposing measures intended to prevent births within the group 4. causing serious bodily or mental harm to members of the group 5. forcibly transferring children of the group to another Five-air freedoms for scheduled international services: 1. the freedom to fly across foreign territory without landing 2. the freedom to land for non-traffic purposes
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3. the freedom to put down traffic originating in the state of the aircraft 4. the freedom to embark traffic destined for the state of the aircraft 5. the freedom to embark traffic destined for or to put down traffic originating in a third state Exemption from jurisdiction: 1. doctrine of state immunity 2. act of state doctrine, court of one state will not sit in judgment over acts of government of another state done its territory 3. diplomatic immunity 4. immunity of UN Specialized agencies, other international organizations, and its officers 5. foreign merchant vessels exercising the right of innocent passage 6. foreign armies passing through or stationed in the territory with the permission of the State 7. warships and other public vessels of another state operated for non-commercial purposes Rules on jurisdiction under the Visiting Forces Agreement: 1. exclusive jurisdiction over US personnel offenses punishable under Philippine laws but not under US laws, Philippines offenses punishable under US laws but not under Philippine laws- US 2. concurrent jurisdiction- the Philippine authorities shall have primary right to exercise jurisdiction over all offenses committed by US personnel except: violations of US military laws offenses punishable under US laws but not under Philippine laws offenses solely against the property or security of the US or against the property or person of US personnel offenses arising out of any act or omission done in performance of official duty 3. the authorities of either government may request the authorities of the other government to waive the primary right to exercise jurisdiction in a particular case 4. upon request by the US, the Philippine authorities may waive primary jurisdiction over offenses committed by US personnel except cases of particular importance to the Philippines such as violations of the Heinous Crimes Act, Anti-Drug Law, and Anti-Child Abuse Law Under the doctrine of hot pursuit, if an offense is committed by a foreign merchant vessel within the territorial waters of the coastal state, its own vessels may pursue the offending vessel into the open sea and upon capture bring it back to its territory for punishment Requisites: 1. pursuit commence from internal water, territorial sea or contiguous zone of pursuing state 2. continuous and unabated

3. conducted by warship, military aircraft, government ships authorized for the purpose 4. ceases as soon as the ship being pursued enters the territorial sea of its own, or of a third state Right of legation is the right of a state to maintain diplomatic relations with other states. Types: 1. active- right to send diplomatic representatives 2. passive- right to receive diplomatic representatives Agents of diplomatic intercourse: 1. head of state 2. foreign secretary or minister 3. members of diplomatic service Functions of diplomatic mission: 1. representing the sending state in the receiving state 2. protecting in the receiving state the interests of the sending state and its nationals 3. negotiating with the government of the receiving state 4. promoting friendly relations between sending and receiving states and developing their economic, cultural and scientific relations 5. ascertaining by all lawful means conditions and developments in the receiving state and reporting thereon to the government of the sending state 6. promoting friendly relations between the sending and receiving states and developing their economic, cultural and scientific relations Most states now observe the practice of the agreation, by means of which informal inquiries are addressed to the receiving state regarding a proposed diplomatic representative of the sending state. It is only when the receiving state manifests its agrement or consent, also informally, that the diplomatic representative is appointed and formally accredited Kinds of consuls: 1. consules missi- those who are professional or career consuls who are nationals of the appointing state and are required to devote their full time to the discharge of their consular duties 2. consules electi- those who may or may not be nationals of the appointing state and perform their consular functions only in addition to their regular callings The heads of consular posts are classified according to importance: 1. consul-general, head several consular districts, or one exceptionally large consular district 2. consul, takes charge of a small district or town or port 3. vice-consul, assists the consul 4. consular agent, usually entrusted with the
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performance of certain functions by the consul Privileges and immunities accorded to diplomatic envoy: 1. right to official communication 2. inviolability of their archives 3. exemption from the local jurisdiction for crimes committed by them in the discharge of their official functions 4. exemption from taxation, customs duties, service in the militia, and social security rules 5. exemption from subpoena 6. personal inviolability Exterritorial refers to the exemption of persons and property from the local jurisdiction on the basis of international custom If the acts giving rise to a suit are those of a foreign government done by its foreign agent, although not necessarily a diplomatic personage, but acting in his official capacity, the complaint could be barred by the immunity of the foreign sovereign from suit without its consent (Municher v Court of Appeals) Treaty A treaty is an international agreement concluded between states in written form governed by international law embodied in a single instrument or in two or more related instruments (art. 2, Vienna Convention on the Law of Treaties) Requisites: 1. be entered into by parties with the treaty-making capacity 2. through their authorized representatives 3. without the attendance of duress, fraud, mistake, or other vice of consent 4. on any lawful subject-matter 5. in accordance with their respective constitutional processes Effect of unwritten treaty: 1. has legal force 2. convention rules on matters, governed by international law independently of convention shall apply 3. convention rates apply to the relations of states as between themselves under international agreement with other subjects as parties Steps in treaty-making process: 1. negotiation 2. signature 3. ratification 4. exchange of the instruments of ratification 5. registration with the United Nations Under the doctrine of unequal treaties, treaties which have been imposed in an unequal character are void. Under the jus cogens, customary international law that has attained the status of a peremptory norm, accepted and recognized by the international community of states as a rule from which no derogation is permitted and can

be modified only by a subsequent norm having the same character Concordat is a treaty or agreement between ecclesiastical and civil powers to regulate the relations between the church and the state in those matters which, in some respect are under the jurisdiction of both Under pacta sunt servanda, every treaty in force is binding upon the parties to it and must be performed by them in good faith (art. 26, Vienna Convention on the Law of Treaties) Under rebus sic stantibus, legal principle which would justify non-performance of treaty obligations where an unforeseen or substantial changes occur which would render one of the parties thereto unable to undertake treaty obligations as stipulated therein Under the Most favored Nation Clause, pledge made by a contracting party to a treaty to grant to other party treatment not less favorable than that which had been given or may be granted to the most favored among the parties Interpretation of treaties: 1. founding father test 2. literal or textual 3. teleological aims and object school Termination of treaty: 1. by expiration of the term, which may be fixed or subject to a resolutory condition 2. by accomplishment of the purpose 3. by impossibility of performance 4. by loss of the subject-matter 5. by desistance of the parties, through express mutual consent; desuetude, or the exercise of the right of denunciation (or withdrawal), when allowed 6. by novation 7. by extinction of one of the parties if the treaty is bipartite 8. by vital change of circumstances under the doctrine of rebus sic stantibus 9. by outbreak of war between the parties in most cases, save specifically when the treaty was intended to regulate the conduct of the signatories during the hostilities, or to cede territory, or to fix boundaries 10. by voidance of the treaty because of defects in its conclusion, violation of its provisions by one of the parties, or incompatibility with international law or the UN Charter Under protocol de clothe, an instrument which records the winding up of the proceedings of a diplomatic conference and usually includes a reproduction of the texts of treaties, conventions, recommendations and other acts agreed upon and signed by the plenipotentiaries attending the conference; it is not the treaty itself and does not require the concurrence of the Senate (Tanada v Angara)
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treaty executive agreement basic political issues; adjustment of details changes of national policies carrying out established national policies permanent international temporary arrangements agreements Validity of the Balikatan Exercises: the Visiting Forces Agreement permits United States personnel to engage on an impermanent basis, in activities, the exact meaning of which was left undefined. The expression is ambiguous, permitting a wide scope of undertakings subject only to the approval of the Philippine government. After studied reflection, it appeared farfetched that the ambiguity surrounding the meaning of the word activities arose from accident. It was deliberately made that way to give both parties a certain leeway in negotiation. In this manner, visiting US forces may sojourn in the Philippine territory for purposes other than military. As conceived, the joint exercises may include training on new techniques of patrol and surveillance to protect the nations marine resources, sea search-and rescue operations to assist vessels in distress, disaster relief operations, civic action projects such as the building of schoolhouses, medical and humanitarian missions and the like (Lim v Hon. Executive Secretary) Nationality and statelessness Under the doctrine of effective nationality, within a third state a person having more than one nationality shall be treated as if he had one- either nationality of the country in which he is habitually and principally resident or the nationality of the country with which in the circumstances he appears to be in fact most closely connected (Frivaldo v COMELEC) Statelessness is the condition or status of an individual who is born without any nationality or who loses his nationality without retaining or acquiring another. Treatment of stateless individual: international conventions provide that the stateless individuals are to be treated more or less like the subject of a foreign state. Reintegration is the recovery of nationality by individuals who are natural born citizens of a state but who lost their nationality Treatment of aliens It is an accepted principle that the state is not an insurer of the life or property of the alien when he is within its territory. Deportation is the expulsion of an alien considered undesirable by local state, usually but not necessarily to his own state Reconduction is the forcible conveying of aliens back to their home state without any formalities Under the doctrine of state responsibility, a state may be held responsible for injuries and damages sustained by

the alien while in the territory of the state provided: 1. the act or omission constitutes an international delinquency 2. the act or omission is directly or indirectly imputable to the State 3. the act or omission causes injury to the national of another state Under the direct state responsibility, where the international delinquency was committed by superior government officials or organs, liability will attach immediately as their acts may not be effectively prevented or reversed under the constitution or laws of the state. Under the indirect state responsibility, where the offense is committed by inferior government official or by private individuals, the state will be held liable only if, by reason of its indifference in preventing or punishing it, it can be considered to have connived in effect in its commission. The international standards of justice provides the standard of the reasonable state that is, as referring to the ordinary norms of official conduct observed in civilized jurisdiction; thus, to constitute an international delinquency, the treatment of an alien should amount to an outrage, bad faith, willful neglect of duty, and insufficiency of governmental action that every reasonable and impartial man would readily recognize its insufficiency. Calvo clause is a stipulation by which the alien waives or restricts his right to appeal to his own state in connection with any claim arising from the contract and agrees to limit himself to the remedies available under the laws of the local state. In general, International Courts have disregarded such clauses, as the right to diplomatic protection is a right which belongs to a State, and waiver from an individual does not bind his State. Refugees Requisites: 1. those who are outside the country of his nationality or if stateless, outside the country of his habitual residence 2. lacks national protection 3. fears persecution Non-refoulement prohibits a state to return or expel refugee to the territory where he escaped because his life or freedom is threatened. The state is under obligation to grant temporary asylum (Refugee Convention of 1951) Diplomatic asylum is refuge in diplomatic premises. Political asylum is refuge in another state for political offense, danger to life, no assurance of due process. Extradition Extradition is the surrender of a person by one state to another state where he is wanted for prosecution or, if already convicted, for punishment.
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General principles governing extradition: 1. extradition is based on consent of the state of asylum as expressed in a treaty or manifested as an act of goodwill 2. under the principle of specialty, a fugitive who is extradited may be tried only for the crime specified in the request for extradition and included in the list of offenses in the extradition treaty 3. any person may be extradited; he need not be a citizen of the requesting state 4. under the political offense exception political and religious offenders are generally not subject to extradition Under the Attentat clause, assassination of the head of state or any member of his family is not regarded as political offense for purposes of extradition 5. in the absence of special agreement, the offense must have been committed within the territory or against the interests of the demanding state 6. the act for which the extradition is sought must be punishable in both the requesting and requested states under what is known as the rule of double criminality 7. under the non-list type of treaty, offenses punishable under the laws of both states by imprisonment of one year or more are included among the extraditable offenses Procedure for extradition (PD 1069): 1. a request for his extradition is presented through diplomatic channels to the state of refuge; this request will be accompanied by the necessary papers relative to the identity of the wanted persons and the crime he is alleged to have committed or of which he has already been convicted 2. upon receipt of request, the state of refuge will conduct a judicial investigation to ascertain if the crime is covered by the extradition treaty and if there is a prima facie case against the fugitive according to its own laws; if there is a warrant of surrender will be drawn and the fugitive will be delivered to the state of origin Prior to the issuance of the warrant, the judge must not inform or notify the potential extradite of the pendency of the petition, lest the latter be given the opportunity to escape and frustrate the proceedings. The foregoing procedure will best serve the ends of justice in extradition cases (Government of US v Hon. Purganan and Mark Jimenez) A state may not compel another state to extradite a criminal without going through the legal process provided in the laws of the former. There is no need to notify the person subject of the extradition process when the application is still with the Department of Foreign Affairs or Department of Justice. For the provisional arrest of an accused to continue, the

formal request for extradition is not required to be filed in court- it only needs to be received by the requested state in accordance with PD 1069. Entitlement to bail: as suggested the use of the word conviction, the constitutional provision on bail, as well as section 4 of rule 114 of Rules of Court, applies only when a person has been arrested and detained for violation of Philippine criminal laws. It does not apply to extradition proceedings, because extradition courts do not render judgments of conviction or acquittal. Exception: after a potential extradite has been arrested or placed under the custody of the law, bail may be applied for and granted only upon a clear and convincing showing (1) that, once granted bail, the applicant will not be a flight risk or a danger to the community; and (2) that there exist special, humanitarian and compelling circumstances including, as a matter of reciprocity, those cited by the highest court in the requesting state when it grants provisional liberty in extradition cases therein (Government of US v Hon. Purganan and Mark Jimenez) International dispute An international dispute is an actual disagreement between states regarding the conduct to be taken by one of them for the protection or vindication of the interests of the other. A situation is the initial stage of a dispute. The amicable methods of settling disputes are: 1. negotiation 2. enquiry 3. tender of good offices 4. arbitration 5. conciliation 6. arbitration 7. judicial settlement 8. resort to regional and international organizations The hostile methods of settling disputes may be classified into: 1. retorsions 2. reprisals 3. intervention 4. severance of diplomatic relations Intervention may be defined as an act by which a state interferes with the domestic or foreign affairs of another state or states through the employment of force or threat of force General rule: Intervention is not sanctioned in international relations Exceptions: 1. when it is exercised as an act of self-defense or 2. when it is decreed by the Security Council as a preventive or enforcement action for the maintenance of international peace and security 3. when such action is agreed upon in a treaty 4. when requested from fellow states or from the United Nations by the parties to a dispute or a state beset
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by rebellion Under the Drago doctrine, the contracting powers agree not to have recourse to armed force for the recovery of contract debts claimed from the government of one country by the government of another country as being due to its nationals Retorsion is the retaliation where acts complained of do not constitute legal ground of offense but are rather in nature of unfriendly acts done in pursuance of legitimate state interest but indirectly hurtful to other states. Reprisal refers to unlawful acts taken by one state in retaliation for also unlawful acts of another state, the purpose being to bring offending state to terms. Among the more common forms of reprisals are: 1. display of force 2. occupation of territory 3. suspension of treaties 4. embargo, or the detention by the state seeking redress of the vessels of the offending state or its nationals 5. pacific blockade, by which the vessels of the offending state are prevented from entering or leaving its ports by the ships of the state seeking redress War War may be defined as an armed contention between the public forces of states or other belligerent communities, implying the employment of violence among the parties as a means of enforcing their respective demands upon each other Basic principles of war: 1. under the principle of military necessity, belligerents may employ any amount and kind of force to compel complete submission of enemy with least possible loss of lives, time and money 2. the principle of humanity prohibits the use of any measure that is not absolutely necessary for purposes of war 3. the principle of chivalry is the basis of rules as those that require the belligerents to give proper warning before launching a bombardment or prohibit the use of perfidy in the conduct of the hostilities Participants in war: 1. combatants non-privileged privileged 2. spies 3. mercenaries Rights of a prisoner of war: 1. to be treated humanely 2. not subject to torture 3. allowed to communicate with their families 4. receive food, clothing, religious articles, medicine 5. bare minimum information 6. keep personal belongings

7. proper burial 8. group according to nationality 9. establishment of an information bureau 10. repatriation for sick and wounded (1949 Geneva Convention) Termination of war: 1. simple cessation of hostilities 2. the conclusion of a negotiated treaty of peace 3. the defeat of one of the belligerents followed by a dictated treaty of peace or annexation of the conquered country Neutrality A state is said to be neutral if it does not take part, directly or indirectly, in a ware between other states neutrality neutralization dependent on attitude of result of treaty wherein neutral state, which is free duration and other to join either of belligerents conditions are agreed upon any time it sees fit by neutralized state and other states governed by laws of nations governed by neutralization agreement obtains only during war intended to operate in peace and in war only states may become applicable to portion of neutral state Blockade is a hostile operation by means of which the vessels and aircraft of one belligerent prevent all other vessels, including those of neutral states, from entering or leaving the ports or coasts of the other belligerent, the purpose being to shut off the place from international commerce and communication with other states Unneutral service consists of acts, of a more hostile character than carriage of contraband or breach of blockade, which are undertaken by merchant vessels of a neutral state in aid of any of the belligerents By the right of angary, a belligerent may, upon payment of just compensation, seize, use or destroy, in case of urgent necessity for purposes of offenses or defense, neutral property found in its territory, in enemy territory, or on the high seas Neutrality is terminated: 1. when the neutral state joins the war 2. upon the conclusion of peace

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