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CONSTITUTIONAL LAW 1

VOTING MAJORITIES

14

The Constitution

2

DISCIPLINE OF MEMBERS

 

14

DEFINITION, NATURE AND CONCEPTS

2

ELECTORAL TRIBUNALS AND THE COMMISSION ON

POLITICAL LAW

2

APPOINTMENTS

 

14

CONSTITUTIONAL LAW

2

ELECTORAL TRIBUNALS

 

14

CLASSIFICATION OF CONSTITUTIONS

2

COMMISSION ON APPOINTMENTS

15

BASIC PRINCIPLES OF CONSTITUTIONAL INTERPRETATION

2

TYPES OF JUDICIAL REVIEW

2

POWERS OF CONGRESS

 

16

 

INHERENT POWERS

 

16

PARTS OF THE CONSTITUTION

2

LEGISLATIVE POWERS

16

 

NON-LEGISLATIVE POWERS (SCOPE)

 

16

AMENDMENTS AND REVISIONS

2

SPECIFIC POWERS

16

AMENDMENT

2

LEGISLATIVE

16

REVISION

3

LIMITATIONS

ON

REVENUE,

APPROPRIATIONS

AND

TARIFF

DIFFERENCE BETWEEN AMENDMENT AND REVISION

3

MEASURES

17

LEGAL TESTS

3

NON-LEGISLATIVE

 

19

STEPS IN THE AMENDATORY POWERS

3

SUMMARY OF TWO STAGES OF AMENDATORY/REVISION PROCESS3

TABLE OF CASES RE: CONSTITUTIONAL AMENDMENTS AND

CHANGES IN GOVERNMENT

4

SELF-EXECUTING

AND

NON-SELF-EXECUTING

PROVISIONS

5

GENERAL PROVISIONS

5

General Considerations

6

NATIONAL TERRITORY

6

SCOPE

6

TREATY LIMITS OF THE PHILIPPINE ARCHIPELAGO

6

DOCTRINE FOF SOVEREIGN IMMUNITY

6

STATE

6

BASES

6

CONCEPT

6

HOW STATES CONSENT IS GIVEN

7

SYNTHESIS OF RULES ON SUING GOVT AGENCIES

8

PRINCIPLES AND POLICIES

8

SEPARATION

OF POWERS

8

CHECKS AND BALANCES

9

DELEGATION FOF POWERS

9

TESTS FOR VALID DELEGATION OF POWERS

9

FORMS OF GOVERNMENT

10

DEFINITION

10

DE JURE AND DE FACTO GOVERNMENT

10

Legislative Department

10

WHO MAY EXERCISE LEGISLATIVE POWER

10

HOUSES OF CONGRESS

 

11

COMPOSITION, QUALIFICATIONS, AND TERM OF OFFICE

11

LEGISLATIVE

PRIVILEGES,

INHIBITIONS

AND

DISQUALIFICATIONS

13

PRIVILEGES

13

DISQUALIFICATIONS

13

DUTY TO DISCLOSE

13

QUORUM AND VOTING MAJORITIES

14

QUORUM

14

Executive Department

20

THE PRESIDENT

20

QUALIFICATIONS

20

ELECTION

20

PRIVILEGES, INHIBITIONS AND DISQUALIFICATIONS

20

PRIVILEGES

20

VICE-PRESIDENT

21

PROHIBITION

21

POWERS

22

EXECUTIVE AND ADMINISTRATIVE POWERS IN GENERAL

22

POWER OF APPOINTMENT

22

POWER OF CONTROL AND SUPERVISION

25

MILITARY POWERS

25

PARDONING POWER

27

DIPLOMATIC POWER

28

POWERS RELATIVE TO APPROPRIATION MEASURES

29

DELEGATED POWERS

30

VETO POWER

30

EXECUTIVE PRIVILEGE

30

RESIDUAL POWERS

30

RULES ON SUCCESSION

31

PRESIDENT

31

CONSTITUTIONAL DUTY ON CONGRESS IN CASE OF VACANCY IN THE

OFFICES OF PRESIDENT AND VICE-PRESIDENT

31

VICE-PRESIDENT

31

Judicial Department

32

CONCEPTS

32

JUDICIAL POWER

32

JUDICIAL REVIEW

32

FUNCTIONS OF JUDICIAL REVIEW

32

ESSENTIAL REQUISITES FOR JUDICIAL REVIEW

32

OPERATIVE FACT DOCTRINE

33

MOOT QUESTIONS

33

POLITICAL QUESTION DOCTRINE

33

SAFEGAURDS OF JUDICIAL INDEPENDENCE

33

JUDICIAL RESTRAINT

34

APPOINTMENTS TO THE JUDICIARY

34

SYNTHESIS OF CONSTITUTIONAL AND STATUTORY CLASSIFICATIONS

34

CONSTITUTIONAL REQUIREMENTS

34

PROCEDURE OF APPOINTMENT

35

DISQUALIFICATION FROM OTHER POSITIONS OF OFFICES

35

FILIPINO FIRST

44

THE SUPREME COURT

35

EXPLORATION, DEVELOPMENT AND UTILIZATION OF

COMPOSITION OF THE SUPREME COURT

35

NATURAL RESOURCES

 

45

EN BANC AND DIVISION CASES

35

PROCEDURAL RULEMAKING

36

FRANCHISES, AUTHORITY AND CERTIFICATES FOR

ORIGINAL AND APPELLATE JURISDICTION

36

PUBLIC UTILITIES

 

45

 

NATURE OF THE FRANCHISE

45

JUDICIAL PRIVILEGE

36

 

ACQUISITION,

OWNERSHIP

AND

TRANSFER

OF

PUBLIC AND PRIVATE LANDS

 

46

Constitutional

PRIVATE LANDS

46

Commissions

37

PRACTICE OF PROFESSIONS

 

46

INSTITUIONAL INDEPENDENCE SAFEGUARDS

37

INSTITUTIONAL SAFEGUARDS

37

ORGANIZATION

AND

REGULATION

OF

 

CORPORATIONS, PRIVATE AND PUBLIC

46

POWERS AND FUNCTIONS

37

STEWARDSHIP CONCEPT

 

46

CIVIL SERVICE COMMISSION

37

COMMISSION ON ELECTIONS

38

MONOPOLIES, RESTRAINT OF TRADE AND UNFAIR

COMMISSION ON AUDIT

39

COMPETITION

46

 

MONOPOLIES

 

46

PROHIBITED OFFICES AND INTERESTS

40

CENTRAL MONETARY AUTHORITY

46

JURISDICTION

40

Social Justice &

 

CIVIL SERVICE COMMISSION

40

COMMISSION ON ELECTIONS

40

Human Rights

 

47

COMMISSION ON AUDIT

40

CONCEPT OF SOCIAL JUSTICE

47

 

1987 CONSTITUTION

47

REVIEW OF FINAL ORDERS, RESOLUTIONS, AND DECISIONS

40

COMMISSION ON HUMAN RIGHTS

 

47

QUASI-JUDICIAL FUNCTIONS

40

ADMINISTRATIVE

41

Education, Science, Technology,

Citizenship

 

41

Arts, Culture and Sports

48

WHO ARE FILIPINO CITIZENS?

41

RIGHT TO EDUCATION PROVISIONS

48

MODES OF ACQUIRING CITIZENSHIP

41

ACADEMIC FREEDOM

48

 

FOUR ESSENTIAL FREEDOMS OF A UNIVERSITY

48

NATURALIZATION AND DENATURALIZATION

41

HIGHEST BUDGETARY PRIORITY TO EDUCATION

48

NATURALIZATION

41

DENATURALIZATION

 

42

CONSTITUTIONAL LAW 2

DUAL CITIZENSHIP AND DUAL ALLEGIANCE

42

DUAL CITIZENSHIP

42

Fundamental Powers

DUAL ALLEGIANCE

42

of the State

50

LOSS AND REACQUISITION

CONCEPT, APPLICATION AND LIMITS

50

OF FILIPINO CITIZENSHIP

42

POLICE POWER

51

GROUNDS FOR LOSS OF CITIZENSHIP

42

EMINENT DOMAIN

51

HOW MAY CITIZENSHIP BE REACQUIRED

43

TAXATION

51

RA 9225

43

 

REQUISITES FOR VALID EXERCISE

52

NATURAL-BORN CITIZENS AND PUBLIC OFFICE

43

POLICE POWER

52

NATURAL-BORN

 

43

EMINENT DOMAIN

52

WHO MUST BE NATURAL BORN?

43

TAXATION

52

 

SIMILARITIES AND DIFFERENCES

52

National Economy & Patrimony

 

SIMILARITIES

52

DIFFERENCES

52

 

44

POLICE POWER V. EMINENT DOMAIN

53

GOALS

44

POLICE POWER V. TAXATION

53

 

LICENSE FEE [PP] V. TAX

53

REGALIAN DOCTRINE

 

44

 

DELEGATION

53

NATIONALIST

AND

CITIZENSHIP

REQUIREMENT

POLICE POWER

53

PROVISIONS

44

EMINENT DOMAIN

53

CITIZENSHIP REQUIREMENTS

 

44

TAXATION

54

Private Acts and the Bill of Rights

54

IN GENERAL

54

BASES AND PURPOSE

54

ACCOUNTABILITY

54

Due Process

55

IN GENERAL

55

DEFINITION

55

NOTED EXCEPTIONS TO DUE PROCESS

55

RELATIVITY OF DUE PROCESS

55

PROCEDURAL AND SUBSTANTIVE DUE PROCESS

55

SCOPE

55

REQUISITES

56

CONSTITUTIONAL AND STATUTORY DUE PROCESS. 57

CONSTITUTIONAL DUE PROCESS

57

STATUTORY DUE PROCESS

57

HIERARCHY OF RIGHTS

57

JUDICIAL STANDARDS OF REVIEW

57

RATIONAL BASIS TEST

57

STRICT SCRUTINY TEST

57

IMMEDIATE SCRUTINY TEST

57

VOID-FOR-VAGUENESS DOCTRINE

57

VOID FOR VAGUENESS

57

VOID FOR VAGUENESS DOCTRINE

57

Equal Protection

58

CONCEPT

58

DEFINITION

58

REQUISITES FOR VALID CLASSIFICATION

58

EXAMPLES OF VALID CLASSIFICATION

58

ALIENS

58

FILIPINO FEMALE DOMESTICS WORKING ABROAD

58

LAND-BASED V. SEA-BASED FILIPINO OVERSEAS WORKERS

58

QUALIFICATION FOR ELECTIVE OFFICE

58

ELECTION OFFICIALS V. OTHER MUNICIPAL OFFICIALS

58

OFFICE OF THE OMBUDSMAN

58

PRINT V. BROADCAST MEDIA

58

STANDARDS FOR JUDICIAL REVIEW

58

Searches and Seizures

59

CONCEPT

59

NATURE

59

SCOPE

59

WARRANT REQUIREMENT

59

PURPOSE

59

REQUISITES

60

PLACE TO BE SEARCHED

60

DESCRIPTION OF PLACE/THINGS

60

DESCRIPTION OF PERSONS SEARCHED

60

GENERAL

WARRANT

60

FORCIBLE ENTRY JUSTIFIED

61

UNLAWFUL SEARCH

61

WARRANTLESS SEARCHES

61

GENERAL RULE FOR WARRANTLESS SEARCHES: PROBABLE CAUSE

REQUIRED

61

WARRANTLESS SEARCHES RECOGNIZED BY JURISPRUDENCE

61

SEARCH INCIDENT TO A LAWFUL ARREST

61

SEARCH OF MOVING VEHICLES

61

PLAIN VIEW DOCTRINE

61

STOP AND FRISK SEARCHES

61

VALID EXPRESS WAIVER MADE VOLUNTARILY AND INTELLIGENTLY

62

CUSTOMS SEARCH

62

EXIGENT AND EMERGENCY CIRCUMSTANCES

62

VISUAL SEARCH AT CHECKPOINTS

62

PROPERTIES SUBJECT TO SEIZURE

62

COMPARISON OF PROCEDURES IN OBTAINING SEARCH WARRANTS

AND ARREST WARRANTS

62

WARRANTLESS ARRESTS

62

REQUISITES FOR ISSUANCE OF A VALID ARREST WARRANT

62

REQUISITES OF A VALID WARRANTLESS ARREST

63

ADMINISTRATIVE ARRESTS

63

DRUG, ALCOHOL AND BLOOD TESTS

64

PRIVATE AND PUBLIC COMMUNICATIONS

64

REQUISITES OF EXISTENCE OF PRIVACY RIGHT

64

INTRUSION, WHEN ALLOWED

64

FORMS OF CORRESPONDENCE COVERED

64

TESTS OF REASONABLE EXPECTATION OF PRIVACY

64

WRIT OF HABEAS DATA

65

Freedom of Expression

65

CONCEPT AND SCOPE

65

BASIS

65

PRIOR RESTRAINT (CENSORSHIP)

66

SUBSEQUENT PUNISHMENT

66

CONTENT-BASED AND CONTENT-NEUTRAL REGULATIONS

66

CONTENT-BASED RESTRICTIONS

66

CONTENT-NEUTRAL RESTRICTIONS

67

FACIAL CHALLENGES AND THE OVERBREADTH DOCTRINE

68

FACIAL CHALLENGES

68

OVERBREADTH DOCTRINE

68

TESTS

69

DANGEROUS TENDENCY TEST

69

CLEAR AND PRESENT DANGER TEST

69

BALANCING OF INTEREST TEST

69

DIRECT INCITEMENT TEST

69

GRAVE-BUT-IMPROBABLE DANGER TEST

69

MILLER TEST

69

OBRIEN TEST

69

STATE REGULATION OF DIFFERENT TYPES OF MASS

MEDIA

69

MOVIE CENSORSHIP

70

TELEVISION CENSORSHIP

70

RADIO CENSORSHIP

70

COMMERCIAL SPEECH

70

PRIVATE V. GOVERNMENT SPEECH

70

HECKLER’S

VETO

71

Freedom of Religion

71

NON-ESTABLISHMENT CLAUSE

71

NECESSITY

76

CONCEPT

71

PRIVATE PROPERTY

76

BASIS

71

TAKING

76

ACTS NOT PERMITTED BY NON-ESTABLISHMENT CLAUSE

71

DUE PROCESS

76

ACTS PERMITTED BY THE ESTABLISHMENT CLAUSE

71

 

EXPANSIVE CONCEPT OF “PUBLIC USE”

76

FREE EXERCISE CLAUSE

71

JUST COMPENSATION

76

DUAL ASPECT

71

DETERMINATION

76

LAWS AND ACTS JUSTIFIED UNDER FREE EXERCISE CLAUSE

72

EFFECT OF DELAY

77

BENEVOLENT NEUTRALITY DOCTRINE

72

 

ABANDONMENT OF INTENDED USE AND RIGHT OF

TESTS

72

REPURCHASE

77

CLEAR AND PRESENT DANGER TEST

72

BENEVOLENT NEUTRALITY-COMPELLING STATE INTEREST

72

MISCELLANEOUS APPLICATION

77

CONSCIENTIOUS OBJECTOR

72

TAKINGUNDER SOCIAL JUSTICE CLAUSE

77

Liberty of Abode and

Contracts Clause

77

Freedom of Movement

72

APPLICATION OF THE CONTRACT CLAUSE

77

REQUISITES

77

LIMITATIONS

72

WHO MAY IMPAIR AND WHEN RIGHTS MAY BE CURTAILED

72

CONTEMPORARY APPLICATION OF THE CONTRACT

 

CLAUSE

78

RIGHT TO TRAVEL

72

WHEN NON IMPAIRMENT CLAUSE PREVAILS

78

WATCH LIST ORDER

72

WHEN NON IMPAIRMENT CLAUSE YIELDS

78

HOLD-DEPARTURE ORDER

73

 

LIMITATIONS

78

RETURN TO ONE’S COUNTRY

73

Legal Assistance and Free

Right to Information

73

Access to Courts

78

POLICY OF FULL PUBLOIC DISCLOSURE V. RIGHT TO

INFORMATION

 

73

SCOPE OF RIGHT TO ACCESS INFORMATION

73

LIMITATIONS

 

73

PUBLICATION OF LAWS AND REGULATIONS

74

ACCESS TO COURT RECORDS

 

74

RIGHT TO INFORMATION RELATIVE TO

74

GOVERNMENT CONTRACT NEGOTIATIONS

74

DIPLOMATIC NEGOTIATIONS

74

COURT HEARINGS

74

Right to Association

74

LABOR UNIONISM

 

75

LEGAL

PERSONALITY

AS

PRE-CONDITION

FOR

EFFECTIVE

ASSOCIATION ACTION

 

75

ELIGIBILITY TO JOIN, ASSIST OR FORM UNION EXPRESSLY DENIED

BY LAW

75

COMMUNIST AND SIMILAR ORGANIZATIONS

75

INTEGRATED BAR OF THE PHILIPPINES

75

RA NO. 9999

78

Rights of Suspects

79

MIRANDA RIGHTS

79

RA 7438

79

AVAILABILITY

79

CUSTODIAL INVESTIGATION

79

CRITICAL PRE-TRIAL STAGE

79

SHOW-UP AND POLICE LINE-UP

79

POLICE LINE-UPS

80

REQUISITES

80

RIGHT AGAINST SELF-INCRIMINATION

80

RIGHT TO COUNSEL

80

RIGHTS TO VISITATION AND CONFERENCE

80

WAIVER

80

RULE ON WAIVER

80

RA 7438

80

BURDEN OF PROVING VOLUNTARINESS OF WAIVER

80

Rights of the Accused

81

Eminent Domain

NON-ESTABLISHMENT CLAUSE

GENERALLY SPECIFICALLY WHO HAS JURISDICTION? SCOPE AND LIMITATIONS

 

CRIMINAL DUE PROCESS

81

BAIL

81

75

WHO MAY AVAIL

81

75

BAIL AS A MATTER OF RIGHT VS. MATTER OF DISCRETION

81

75

WHEN AVAILABLE

82

75

STANDARDS FOR FIXING BAIL

82

75

76

PRESUMPTION OF INNOCENCE

82

RIGHT TO BE HEARD

ASSISTANCE OF COUNSEL

RIGHT TO BE INFORMED

82

82

82

RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL . 83

IMPARTIAL TRIAL

83

AVAILABILITY

83

RIGHT OF CONFRONTATION

83

COMPULSORY PROCESS

83

TRIALS IN ABSENTIA

83

WHEN CAN TRIAL IN ABSENTIA BE DONE

83

WHEN PRESENCE OF THE ACCUSED IS A DUTY

83

Writ of Habeas Corpus

84

AVAILABILITY

84

RESTRAINT OF LIBERTY

84

Writ of Amparo, Habeas Data

and Kalikasan

WRIT OF AMPARO

PETITION FOR WRIT

84

84

85

WRIT OF HABEAS DATA

RIGHT TO INFORMATION PRIVACY V. LEGITIMATE STATE INTEREST

WRIT OF KALIKASAN

WHO MAY FILE WHO HAS JURISDICTION

DOCKET FEES WHEN IS WRIT ISSUED RETURN OF RESPONDENT

HEARING

85

85

85

86

86

86

86

86

86

Self-Incrimination Clause . 86

SCOPE ADND COVERAGE

86

EXAMPLES

86

FOREIGN LAWS

86

APPLICATION

86

EXPANDED APPLICATION

86

EFFECT OF DENIAL OF PRIVILEGE

86

IMMUNITY STATUTES

86

TRANSACTIONAL IMMUNITY

86

USE AND FRUIT OF IMMUNITY

86

Involuntary Servitude and Political Prisoners

87

INVOLUNTARY SERVITUDE

87

Excessive Fines and Cruel and

Inhuman Punishments

87

RA 9346

87

Non-Imprisonment for Debts

88

SCOPE

88

Double Jeopardy

88

TERMINATION OF JEOPARDY

88

REQUISITES

88

WHEN SUBSEQUENT PROSECUTION IS BARRED

88

EXCEPTION

88

WHEN DEFENSE OF DOUBLE JEOPARDY IS AVAILABLE

88

MOTIONS FOR RECONSIDERATION AND APPEALS

88

DISMISSAL WITH CONSENT OF ACCUSED

88

Ex Post Facto and Bills of Attainder

89

EX POST FACTO LAWS

89

BILLS OF ATTAINDER

89

LAW ON PUBLIC OFFICERS

General Principles

91

CONCEPT AND APPLICATION

91

DEFINITION

91

PURPOSE

91

ELEMENTS

91

PUBLIC OFFICE V. PUBLIC EMPLOYMENT

91

PUBLIC OFFICE V. CONTRACT

91

PUBLIC OFFICE IS NOT PROPERTY

92

CREATION OF PUBLIC OFFICE

92

METHODS OF ORGANIZING PUBLIC OFFICES

92

MODIFICATION AND ABOLITION OF PUBLIC OFFICE

92

ESTOPPEL IN DENYING EXISTENCE OF OFFICE

92

PUBLIC OFFICER

92

DEFINITION

92

CLASSIFICATION

OF PUBLIC OFFICES

AND PUBLIC

OFFICERS

93

Modes of Acquiring Title to Public Office

93

MODES OF COMMENCING OFFICIAL RELATION

93

ELECTION

93

APPOINTMENT

94

Modes and Kinds of

SOURCE OF POWERS AND AUTHORITY

101

Appointment

94

DUTIES OF PUBLIC OFFICERS

101

CLASSIFICATION OF APPOINTMENTS

94

TO BE ACCOUNTABLE TO THE PEOPLE, TO SERVE THEM WITH UTMOST RESPONSIBILITY, INTEGRITY, LOYALTY AND EFFICIENCY

STEPS IN APPOINTMENT PROCESS

94

101

FOR APPOINTMENTS REQUIRING CONFIRMATION

94

DUTY TO MAKE PUBLIC DISCLOSURE OF STATEMENTS OF ASSETS

 

AND LIABILITIES

102

PRESIDENTIAL APPOINTEES

95

TO OWE THE STATE AND THE CONSTITUTION ALLEGIANCE AT ALL

WHO CAN BE NOMINATED AND APPOINTED ONLY WITH THE

COMMISSION ON APPOINTMENTSCONSENT?

95

WHO CAN THE PRESIDENT APPOINT WITHOUT CAS APPROVAL? 95

DISCRETION OF APPOINTING OFFICIAL

95

PRESUMED

95

DISCRETIONARY ACT

95

EFFECTIVITY OF APPOINTMENT

96

EFFECTS OF A COMPLETE, FINAL AND IRREVOCABLE

96

APPOINTMENT

Eligibility and Qualification Requirements

96

DEFINITION

96

POWER TO PRESCRIBE QUALIFICATIONS

96

TIME OF POSSESSION OF QUALIFICATIONS

97

ELIGIBILITY PRESUMED

 

97

QUALIFICATIONS PRESCRIBED BY CONSTITUTION

97

RELIGIOUS TEST OR QUALIFICATION IS NOT REQUIRED

97

QUALFICATION

STANDARDS

AND

REQUIREMENTS

UNDER THE CIVIL SERVICE LAW

 

97

QUALIFICATION STANDARDS

98

POLITICAL QUALIFICATIONS FOR AN OFFICE

98

NO PROPERTY QUALIFICATIONS

98

CITIZENSHIP

98

EFFECT OF REMOVAL OF QUALIFICATIONS DURING THE TERM

98

EFFECT OF PARDON UPON THE DISQUALIFICATION TO HOLD PUBLIC

OFFICE

98

Disabilities and Inhibitions of

Public Officers

98

DISQUALIFICATIONS TO HOLD PUBLIC OFFICE

98

Powers and Duties of Public

Officers

100

CLASSIFICATION OF POWERS AND DUTIES

100

AS TO NATURE

100

AS TO OBLIGATION TO THE OFFICER TO PERFORM HIS POWERS AND

DUTIES

101

AS TO RELATIONSHIP OF THE OFFICER TO HIS SUBORDINATE

101

AUTHORITY OF PUBLIC OFFICERS

101

TIMES

102

Rights of Public Officers

102

IN GENERAL

 

102

RIGHTS INCIDENT TO PUBLIC OFFICE

 

102

RIGHTS AS A CITIZEN

102

RIGHT TO SALARY

 

102

BASIS OF RIGHT TO COMPENSATION

 

102

RIGHT TO RETIREMENT PAY

102

OTHER RIGHTS

 

103

RIGHTS UNDER THE CONSTITUTION

 

103

RIGHTS

UNDER

THE

CIVIL

SERVICE

DECREE

AND

THE

NEW

ADMINISTRATIVE CODE

 

103

NEXT-IN-RANK RULE

103

PERSONNEL ACTIONS

103

RIGHTS UNDER THE REVISED GOVERNMENT SERVICE INSURANCE

ACT

103

RIGHT TO REINSTATEMENT AND BACK SALARY

103

RIGHT TO PROPERTY, DEVICES AND INVENTIONS

103

Liabilities of Public Officers

104

GENERAL RULE ON LIABILITY

 

104

STATUTORY LIABILITY

 

104

CRIMINAL LIABILITY

104

THREE-FOLD RESPONSIBILITY OF PUBLIC OFFICERS

 

105

LIABILITY OF MINISTERIAL OFFICERS

105

COMMAND RESPONSIBILIY

105

PREVENTIVE SUSPENSION AND BACK SALARIES

105

KINDS OF PREVENTIVE SUSPENSION

 

105

ILLEGAL

DISMISSAL,

REINSTATEMENT

AND

BACK

SALARIES

105

Immunity of Public Officers

106

DOCTRINE OF OFFICIAL IMMUNITY FROM LIABILITIES

FOR PUBLIC OFFICERS

 

106

OTHER PUBLIC POLICY CONSIDERATIONS

106

OFFICIAL

IMMUNITY

DISTINGUISHED

FROM STATE

IMMUNITY

107

SCOPE

112

IMMUNITY FROM SUIT OF THE PRESIDENT

107

De facto Officers

107

DE FACTO DOCTRINE

107

DE FACTO OFFICER DEFINED

107

OFFICER DE JURE V. OFFICER DE FACTO

107

OFFICER DE FACTO V. INTRUDER

108

ELEMENTS OF A DE FACTO OFFICERSHIP

108

WHO ARE NOT CONSIDERED DE FACTO OFFICERS?

108

OFFICE CREATED UNDER AN UNCONSTITUTIONAL STATUTE

108

LEGAL EFFECT OF ACTS OF DE FACTO OFFICERS

108

LIABILITY OF DE FACTO OFFICERS

109

RIGHT TO COMPENSATION OF DE FACTO OFFICER 109

Termination of Official Relation

109

EXPIRATION OF THE TERM OR TENURE OF OFFICE109

CIVIL SERVICE COMMISSIONS (CSCS) JURISDICTION

112

RECALL OF APPOINTMENT

112

REVIEW APPOINTEES QUALIFICATIONS

112

WHAT IT CANNOT DO

112

APPOINTMENTS TO THE CIVIL SERVICE

112

SCOPE

112

CLASSES OF SERVICE

112

REQUISITES

112

The Civil Service

112

SCOPE

112

CIVIL SERVICE COMMISSIONS (CSCS) JURISDICTION

112

RECALL OF APPOINTMENT

112

REVIEW APPOINTEES QUALIFICATIONS

112

WHAT IT CANNOT DO

112

APPOINTMENTS TO THE CIVIL SERVICE

112

SCOPE

112

CLASSES OF SERVICE

112

REQUISITES

112

PERSONNEL ACTIONS

113

OTHER PERSONNEL ACTIONS

113

REACHING THE AGE LIMIT (RETIREMENT)

109

Accountability of Public

DEATH OR PERMANENT DISABILITY

109

Officers

113

 

IMPEACHMENT

113

RESIGNATION

109

GROUNDS

114

REQUISITES

109

FORM OF RESIGNATION

109

OMBUDSMAN

114

RESIGNATION REVOCABLE BEFORE

FUNCTIONS

114

NOTIFICATION OF ACCEPTANCE

110

DISCIPLINARY POWER OVER PUBLIC OFFICERS

114

EFFECTIVE DATE OF RESIGNATION

110

JUDICIAL REVIEW IN ADMINISTRATIVE PROCEEDINGS

115

COURTESY RESIGNATION

110

JUDICIAL REVIEW IN PENAL PROCEEDINGS

115

ACCEPTANCE OF AN INCOMPATIBLE OFFICER

110

SANDIGANBAYAN

115

WHEN INCOMPATIBLE

110

COMPOSITION

115

 

EXCLUSIVE ORIGINAL JURISDICTION

115

ABANDONMENT OF OFFICE

110

OFFICIALS AND PRIVATE INDIVIDUALS

ABANDONMENT

110

SUBJECT TO ITS JURISDICTION

115

REQUISITES

110

EXCLUSIVE APPELLATE JURISDICTION

116

SPECIES OF RESIGNATION

110

APPELLATE JURISDICTION OF THE SUPREME COURT

116

PRESCRIPTION OF RIGHT TO OFFICE

110

ILL-GOTTEN WEALTH

116

REMOVAL

111

TERM LIMITS

116

IMPEACHMENT

111

ADMINISTRATIVE LAW

ABOLITION OF OFFICE

111

REQUISITES

111

General Principles

118

IS ABANDONMENT EQUIVALENT TO ABOLITION?

111

 

DEFINITIONS

118

CONVICTION OF A CRIME

112

 

HISTORICAL CONSIDERATIONS

118

FAILURE TO ASSUME ELECTIVE OFFICE WITHIN SIX MONTHS FROM PROCLAMATION

112

RECALL

112

Administrative Agencies

118

 

MODES OF CREATION OF ADMINISTRATIVE AGENCIES

118

The Civil Service

112

WHEN IS AN AGENCY ADMINISTRATIVE

118

TYPES OF ADMINISTRATIVE AGENCIES

118

Registration of Voters

126

 

DEFINITION

126

   

SYSTEM OF CONTINUING REGISTRATION OF VOTERS

 

126

Powers of Administrative Agencies

118

PERIODS OF REGISTRATION OF

126

QUASI-LEGISLATIVE (RULE-MAKING) POWER

118

ILLITERATE OR DISABLED

VOTERS

126

DOCTRINE OF SUBORDINATE LEGISLATION

 

118

NON-DELEGATION DOCTRINE

118

ELECTION REGISTRATION BOARD

 

126

 

COMPOSITION

126

LEGISLATIVE DELEGATION

 

118

REQUISITES FOR A VALID DELEGATION

118

CHANGE OF RESIDENCE OR ADDRESS

 

127

WHAT IS A SUFFICIENT STANDARD

118

CHANGE OF RESIDENCE TO ANOTHER CITY OR MUNICIPALITY

127

FORMS OF THE SUFFICIENT STANDARDS

118

CHANGE OF ADDRESS IN THE SAME MUNICIPALITY OR CITY

127

KINDS OF ADMINISTRATIVE RULES AND REGULATIONS

119

REQUISITES FOR VALIDITY

119

CHALLENGES TO RIGHT TO REGISTER

 

127

 

WHO MAY CHALLENGE APPLICATION FOR REGISTRATION

127

QUAS-JUDICIAL (ADJUDICATORY) POWER

119

FORM

127

SOURCE

119

WHEN FILED

127

DISTINCTIONS FROM JUDICIAL PROCEEDINGS

119

HEARING

127

 

DECISION

127

FACT-FINDING,

INVESTIGATIVE,

LICENSING

AND

RATE-FIXING POWERS

121

DEACTIVATION OF REGISTRATION

 

127

ASCERTAINMENT OF FACT

121

CAUSES OF DEACTIVATION

 

127

INVESTIGATIVE POWERS

121

LICENSING FUNCTION

121

REACTIVATION OF REGISTRATION

 

127

FIXING OF RATES, WAGES, PRICES

122

 

CERTIFIED LIST

OF

VOTERS

127

Judicial Recourse

 

GROUNDS WHEN LIST OF VOTERS WILL BE ALTERED

127

ANNULMENT OF BOOK OF VOTERS

 

127

and Review

122

OVERSEAS ABSENTEE VOTER

128

DOCTRINE OF PRIMARY ADMINISTRATIVE

 

DEFINITION

128

JURISDICTION

122

COVERAGE

128

RATIONALE

 

122

PERSONAL OVERSEAS ABSENTEE REGISTRATION

128

REQUISITES

122

NATIONAL REGISTRY OF OVERSEAS ABSENTEE VOTERS

128

WHEN THE DOCTRINE IS INAPPLICABLE

123

EFFECT

123

 

DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES

123

Inclusion and Exclusion Proceedings

128

REQUISITES

123

RATIONALE

123

JURISDICTION IN INCLUSION

 

EXCEPTION TO THE DOCTRINE OF ADMINISTRATIVE REMEDIES

123

AND EXCLUSION CASES

 

128

EFFECT OF FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES

123

 

APPEAL

128

DOCTRINE OF FINALITY OF ADMINISTRATIVE JURISDICTION

123

OVERSEAS ABSENTEE VOTER

 

128

 

ELECTION LAW

 

Political Parties

128

Suffrage

125

PARTY SYSTEM

128

SCOPE

125

KINDS OF ELECTION

125

JURISDICTION

OF

THE

COMELEC

OVER

POLITICAL

 

PARTIES

128

ELECTION PERIOD

125

PARTY

 

128

 

PARTY-LIST SYSTEM

128

POLITICAL PARTY

128

Qualification and

3 KINDS OF PARTIES

129

Disqualification of Voters . 125

PURPOSE

129

QUALIFICATIONS

125

REGISTRATION

129

 

PROCEDURE FOR REGISTRATION

 

129

OVERSEAS ABSENTEE VOTERS

 

126

GROUPS WHICH CANNOT BE REGISTERED

 
 

AS POLITICAL PARTIES

 

129

PURPOSE OF REGISTRATION

129

COMPOSITION OF

GROUNDS FOR REFUSAL/CANCELLATION OF REGISTRATION

129

BOARD OF ELECTION INSPECTORS

137

CERTIFIED LIST OF REGISTERED PARTIES

129

QUALIFICATIONS

137

NOMINATION OF PARTY-LIST REPRESENTATIVES

129

DISQUALIFICATIONS

137

QUALIFICATIONS OF PARTY LIST REPRESENTATIVES

130

 

POWERS OF BOARD OF ELECTION INSPECTORS

137

PARAMETERS IN ALLOCATION OF SEATS FOR PARTY-

 

LIST REPRESENTATIVES

130

COMPOSITION OF BOARD OF CANVASSERS

137

20% ALLOCATION

130

2% THRESHOLD

130

PROHIBITIONS ON BOC

138

PROPORTIONAL REPRESENTATION

130

3-SEAT LIMIT

130

CANVASS BY THE BOC

138

EFFECT OF CHANGE OF AFFILIATION

130

CERTIFICATE OF CANVASS AND STATEMENT OF

 

VOTES

 

138

NATIONAL BOC FOR PRESIDENT AND VICE-PRESIDENT

138

Candidacy

 

130

PROCLAMATION

 

138

QUALIFICATIONS OF CANDIDATES

 

130

WHEN PROCLAMATION VOID

138

CANDIDATE, DEFINITION

 

130

PARTIAL PROCLAMATION

138

QUALIFICATIONS

 

130

ELECTION RESULTING IN A TIE

138

DISQUALIFICATIONS

131

PROCLAMATION OF A LONE CANDIDATE

139

FILING OF CERTIFICATES OF CANDIDACY

132

EFFECT OF FILING

132

Remedies and Jurisdiction in

SUBSTITUTION OF CANDIDATES

132

MINISTERIAL DUTY OF COMELEC TO RECEIVE CERTIFICATE

132

Election Law

139

NUISANCE CANDIDATES

133

PETITION TO DENY OR CANCEL CERTIFICATES OF CANDIDACY

133

PETITION NOT TO GIVE DUE COURSE TO OR CANCEL

EFFECT OF DISQUALIFICATION

133

A

CERTIFICATE

OF

CANDIDACY

139

WITHDRAWAL OF CANDIDATES

134

CANCELLATION OF CERTIFICATE OF CANDIDACY

139

 

PETITION FOR DISQUALIFICATION

139

Campaign

 

134

PROCEDURE

 

139

PREMATURE CAMPAIGNING

 

134

PETITION TO DECLARE FAILURE OF ELECTIONS

139

PROHIBITED CAMPAIGNING DAYS

134

WHAT CONSTITUTES AN ELECTION

139

ELECTION CAMPAIGN OR PARTISAN POLITICAL ACTIVITY

134

FAILURE OF ELECTIONS

139

CAMPAIGN PERIOD

134

DECLARATION OF FAILURE OF ELECTION

140

EQUAL ACCESS TO TIME AND SPACE

134

ELECTION SURVEYS

135

PRE-PROCLAMATION CONTROVERSY

140

APPLICATION

FOR

RALLIES,

MEETINGS

AND

OTHER

POLITICAL

JURISDICTION

140

ACTIVITY

135

WHEN NOT ALLOWED

140

 

NATURE OF PROCEEDINGS

140

PROHIBITED CONTRIBUTIONS

 

135

ISSUES THAT MAY BE RAISED

140

DEFINITIONS

135

ISSUES THAT CANNOT BE RAISED

141

PROHIBITED CONTRIBUTIONS

135

PROCEDURE

141

PROHIBITED FUND-RAISING ACTIVITIES

135

EFFECT OF FILING PRE-PROCLAMATION CONTROVERSY

142

REQUISITES OF A PROHIBITED DONATION

135

EFFECT OF PROCLAMATION OF WINNING CANDIDATE

142

 

PETITION TO ANNUL OR SUSPEND PROCLAMATION

142

LAWFUL AND PROHIBITED ELECTION PROPAGANDA

 

136

ELECTION PROTEST

 

142

LAWFUL ELECTION PROPAGANDA

136

NATURE

142

PROHIBITED ACTS

136

PURPOSE

142

 

WHO MAY FILE

142

LIMITATIONS ON EXPENSES

 

136

WHEN

142

FOR CANDIDATES

136

WHO HAS JURISDICTION

142

CANDIDATES WITHOUT A POLITICAL PARTY

136

GROUNDS

142

FOR POLITICAL PARTIES

136

PAYMENT OF DOCKET FEES

143

 

EFFECT OF FILING PETITION TO ANNUL OR TO SUSPEND THE

STATEMENT OF

CONTRIBUTIONS AND EXPENSES

136

PROCLAMATION

 

143

EFFECT OF FAILURE TO FILE STATEMENT

 

136

 

QUO WARRANTO

 

143

WHO MAY FILE

143

Board of Election Inspectors

 

WHEN

143

WHO HAS JURISDICTION

143

(BEI) and Board of

 

GROUNDS

143

EXECUTION PENDING APPEAL

143

Canvassers (BOC)

 

137

 

Prosecution of Election Offenses

143

JURISDICTION OVER ELECTION OFFENSES

143

INVESTIGATION AND PROSECUTION

143

TRIAL AND DECISION

143

PREFERENTIAL, DISPOSITION OF ELECTION OFFENSES

144

ELECTION OFFENSES

144

REGISTRATION

144

CERTIFICATE OF CANDIDACY

144

ELECTION CAMPAIGN

144

VOTING

144

COUNTING OF VOTES

144

CANVASSING

144

ACTS OF GOVERNMENT OR PUBLIC OFFICERS

144

COERCION, INTIMIDATION, VIOLENCE

144

OTHER PROHIBITIONS

145

PENALTIES

145

ARRESTS IN CONNECTION WITH ELECTION CAMPAIGN

145

PRESCRIPTION

145

PROHIBITED ACTS UNDER RA 9369

145

PENALTY

145

NATIONAL ELECTIVE OFFICE

145

PENALTY

146

LOCAL GOVERNMENT CODE

Public Corporations

148

CONCEPT

148

CLASSIFICATIONS

148

Municipal Corporations

148

ELEMENTS

148

NATURE AND FUNCTION

148

DUAL NATURE

148

DEVOLUTION

151

Powers of Local Government Units

151

SOURCES OF POWER

151

POLICE POWER (GENERAL WELFARE CLAUSE)

151

NATURE

151

LIMITATIONS

151

ILLUSTRATIONS POLICE POWER APPLIED

151