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UP LAW BOC
TABLE OF CONTENTS
POLITICAL LAW
V. Judicial Department................................ 31
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POLITICAL LAW
POLITICAL LAW
CONSTITUTIONAL LAW 1
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I. The Constitution
A. DEFINITION,
CONCEPTS
NATURE
POLITICAL LAW
AND
OR
C.2. REVISION
A change that alters a basic principle in the
constitution; alters the substantial entirety of
the constitution. [Id.]
The 1987 Constitution allows peoples initiative
only for the purpose of amending, not revising,
the Constitution.[Id.]
A.5.
BASIC
PRINCIPLES
OF
CONSTITUTIONAL INTERPRETATION
(1) Verba legis (give words their ordinary
meaning)
(2) Ratio legis est anima (intent of the
framers)
C.4. STEPS
PROCESS
IN
THE
AMENDATORY
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amendment ahead
amendments. [Id.]
POLITICAL LAW
of
other
proposed
E. GENERAL PROVISIONS
ART. XVI GENERAL PROVISIONS
(1) Flag of the Philippines [sec. 1]
(a) Red, white and blue, with a sun and
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(2)
(3)
(4)
(5)
(6)
(7)
CONSTITUTIONAL LAW 1
three stars
(b) Design of the flag may be changed
only by constitutional amendment
[BERNAS]
Name of the country, national anthem, and
national seal [sec. 2]
(a) May be changed by Congress by law
(b) Such law will only take effect upon
ratification by the people in a national
referendum
Armed Forces of the Philippines [sec. 4]
(a) Composed of a citizen armed force
(b) Shall take an oath or affirmation to
uphold and defend the Constitution
[sec. 5(1)]
(c) May not be appointed or designated to
a civilian position in the government
including GOCCs or their subsidiaries
[sec. 5(4)]
(d) Laws on retirement of military officers
shall not allow extension of their
service [sec. 5(5)]
(e) Recruited proportionately from all
provinces and cities as far as
practicable [sec.5(6)]
(f) Tour of duty of the Chief of Staff shall
not exceed three years [sec. 5(7)]
except when extended by the President
in times of war or other national
emergency declared by the Congress
[Id.]
Police Force [sec. 6]
(a) One police force
(b) National in scope
(c) Civilian in character
Consumer Protection [sec. 9]
Mass Media [sec.11]
(a) Ownership and management limited to
(i) citizens of the Philippines or (ii)
corporations,
cooperatives
or
associations
wholly-owned
and
managed by Filipino citizens
Advertising Industry [sec. 11]
(a) Can only be engaged in by (i) Filipino
citizens or (ii) corporations or
POLITICAL LAW
ART.
II
NATIONAL
Comprises:
(1) Philippine archipelago, with all the islands
and waters embraced therein.
Internal waters: waters around, between, and
connecting the islands of the archipelago,
regardless of breadth and dimension
(2) All other territories over which the
Philippines has sovereignty or jurisdiction
Consists of:
(1) Territorial sea, seabed, subsoil, insular
shelves, and other submarine areas
(2) Terrestrial, fluvial, and aerial domains
Archipelagic Doctrine: A body of water studded
with islands, or the islands surrounded with
water, is viewed as a unity of islands and
waters together forming one integrated unit.
[N.B. Embodied in Art. II.]
Straight baseline method consists of drawing
straight lines connecting appropriate points on
the coast without departing to any appreciable
extent from the general direction of the coast,
in order to delineate the internal waters from
the territorial waters of an archipelago
See RA 9522 (2009) amended RA 3046,
entitled "An Act to Define the Baselines of the
Territorial Sea of the Philippines;" specified
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B.3. CONCEPT
B. DOCTRINE
IMMUNITY
OF
POLITICAL LAW
SOVEREIGN
B.1. STATE
A community of persons, 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. [Collector of Internal Revenue v.
Campos Rueda (1971)]
B.2. BASIS
Express consent
Effected only by the will of the legislature
through the medium of a duly enacted statute;
may be embodied either in a general law or a
special law.
General Law
Authorizes any person who meets the
conditions stated in the law to sue the
government in accordance with the procedure
in the law (e.g. Act No. 3083; Civil Code, art.
2180(6), 2189)
Jurisprudential Basis:
(1) Positivist Theory - There can be no legal
right as against the authority that makes
the laws. Also called the doctrine of Royal
Prerogative of Dishonesty. [Kawananakoa v.
Polyblank (1907)]
(2) Sociological Theory - If the State were
suable, all its time would be spent
defending itself and this would prevent it
from its other functions. [Republic vs.
Villasor (1973)]
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Special Law
Consent may come in the form of a private bill
authorizing a named individual to bring suit on
a special claim
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Specific Rules
Suits against Government Agencies Depends
on whether the agency is incorporated (i.e.
there is a separate charter) or unincorporated
(i.e. no separate personality).
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D. FORMS OF GOVERNMENT
D.1. DEFINITION
D.2. DE JURE
GOVERNMENTS
AND
DE
FACTO
De jure government
(1) Has rightful title; but
(2) No power or control [In re Letter of Justice
Puno (1992)]
De facto government
Government of fact, that is, it actually exercises
power or control without legal title. [Co Kim
Cham v. Valdes, (1945)]
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Senate
(Art. VI, sec. 2-4)
House of
Representatives
(Art. VI, sec. 5-8)
Representatives
(2)Party-List
Representatives
District Representatives
- Elected from
legislative districts apportioned among the
provinces, cities, and Metro Manila
Rules on Apportionment of Legislative Districts:
(a) Apportionment of legislative districts must
be by law.
(b) Proportional representation based on
population:
i.
City with a pop. of at least
250,000= at least 1 rep.
ii.
Province, irrespective of the
number of inhabitants, =at
least 1 rep.
(c) Each legislative district shall comprise, as
far as practicable, contiguous, compact,
and adjacent territory. (N.B. Antigerrymandering provision)
(d) Re-apportionment by Congress within 3
years after the return of each census.
B. HOUSES OF CONGRESS
B.1. COMPOSITION, QUALIFICATIONS
AND TERM OF OFFICE
Senate
(Art. VI, sec. 2-4)
POLITICAL LAW
House of
Representatives
(Art. VI, sec. 5-8)
Composition
24 senators elected at Not more than 250
large
members,
unless
otherwise provided by
law, consisting of:
(1)
District
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C.1. PRIVILEGES
B.2. ATONG PAGLAUM GUIDELINES
C.
LEGISLATIVE
INHIBITIONS
DISQUALIFICATIONS
C.2. DISQUALIFICATIONS
(1) Incompatible Office: May not hold any
other office or employment in the
government during his term without
forfeiting his seat [Art. VI, Sec. 13].
Forfeiture is automatic. [Adaza v.
Pacana (1985)].
a. Compare with an ineligible
office in Art. XI-B, Sec. 7
(2) Forbidden Office: May not be
appointed to any office created or the
emoluments thereof were increased
during the term for which he was
elected. [Art. VI, Sec. 13]. He cannot
validly take the office even if he is
willing to give up his seat.
(3) (3)Cannot personally appear as
counsel before any court, electoral
tribunal,
quasi-judicial
and
administrative bodies during his term
of office. [Art. VI, Sec. 14. See also
Puyat v De Guzman (1982)]
(4) Shall not be financially interested,
directly or indirectly, in any contract
with, or franchise or special privilege
granted by the government during his
term of office. [Art. VI, Sec. 14]
(5) Shall not intervene in any matter
before any office of the government
when it is for his pecuniary benefit or
where he may be called upon to act on
account of his office. [Art. VI, Sec. 14]
PRIVILEGES,
AND
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D.
QUORUM
MAJORITIES
AND
POLITICAL LAW
VOTING
D.1. QUORUM
Majority of each House shall constitute a
quorum.
BUT a smaller number may adjourn from day
to day and may compel the attendance of
absent members.
Majority refers to the number of members
within the jurisdiction of the Congress.
Majority
(Silent)
Majority
Separately
Confirm appointment of VP
Majority
Separately
Jointly
Action
(Silent)
Art. VII,
19, par. 2
(Silent)
Art. XVII,
3
Prevailing
view:
by Art. XVII,
default, houses vote 3
separately
(because Art. XVII,
Congress is bicameral)
1(1)
Basis
as 3/4
14
sec.
sec.
sec.
sec.
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E. DISCIPLINE OF MEMBERS
Each house may punish its members for
disorderly behavior, and with the concurrence
of 2/3 of ALL its members, through either:
[SEDFIC]
(1) Suspension (shall not exceed 60 days); or
(2) Expulsion
Other disciplinary measures:
(1) Deletion of unparliamentary remarks from
the record
(2) Fine
(3) Imprisonment
(4) Censure
Change in Composition
Members
enjoy
security of tenure, to
preserve
the
independence of the
ET [Bondoc v. Pineda
(1991)]
Basis
Art. VII, sec. 11, par.
5
Art. VI, sec. 23(1)
Commission
Appointments
on
Senate President
12 senators
12 members of the
HOR
Senate President as
ex-officio chairman;
does not vote except
in case of tie.
Houses
have
authority to change
its representation in
the CA to reflect
permanent changes
in
political
alignments [Daza v.
Singson (1989)]
F.2. POWERS
(Congressional) Electoral Tribunals [Art. VI,
Sec. 17]
(1) Senate Electoral Tribunal (SET)
(2) House Electoral Tribunal (HRET)
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Jurisdiction
(1) CA shall confirm the appointments by the
President with respect to certain positions;
see notes on Executive
(2) Congress cannot by law require that the
appointment of a person to an office
created by such law shall be subject to CA
confirmation.
Ad Interim Appointments
Appointments extended by the President to
the above-mentioned positions while Congress
is not in session shall only be effective:
(1) Until disapproval by the CA; OR
(2) Until the next adjournment of Congress.
G. POWERS OF CONGRESS
G.1. INHERENT POWERS
(1)Police Power
(2) Power of Taxation
(3) Power of Eminent Domain
(4) Contempt power
Meetings
(1) CA shall meet only while Congress is in
session.
(2) Meetings are held either (a) at the call of
the Chairman or (b) by a majority of all its
members.
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Constitutional Provision
Art. VI, Sec. 21
Art. VI, Sec. 22
Topic
In aid of legislation
On
any
matter
pertaining to the
subjects department
Persons Subjected
Any
person
upon Heads
of
subpoena
departments only
Appearance of Exec. Officials
Appearance
of Appearance
of
executive
officials executive officials via
generally mandatory
request
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Specific Limitations
For General Appropriations Bills
(1) Congress
may
not
increase
the
appropriations recommended by the
President in the budget.
(2) Form, content and manner of preparation
of the budget shall be prescribed by law.
(3) No provision or enactment shall be
embraced in the general appropriations
bill unless it relates specifically to some
particular appropriation therein.
(4) Procedure in approving appropriations
FOR CONGRESS shall strictly follow the
procedure for approving appropriations for
other departments.
(5) No law shall be passed authorizing any
transfer of appropriations. However, the
following may, BY LAW, be authorized to
AUGMENT any item in the general
Substantive Limitations
Circumscribe both the exercise of the power
itself and the allowable subject of legislation
Express limitations:
(1) On general powers - Bill of Rights [Art. III]
(2) On taxation Secs. 28 and 29(3), Art. VII
(3) On appropriation Secs. 25 and 29(1)(2)
(4) On appellate jurisdiction of the SC Sec.
30, Art. VI
(5) No title of royalty or nobility [Sec. 31, Art.
VI]
Implied Limitations:
(1) No power to pass irrepealable law
(2) Non-encroachment on powers of other
departments
(3) Non-delegation of powers
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Nature of provision
Sec. 28 is a listing of the limits on the inherent
and otherwise unlimited power
Limitations
(1) Public purpose-Power to tax should be
exercised only for a public purpose.
(2) Uniform and equitable.
a. Operates with the same force and
effect in every place where the
subject of it is found
b. Classification for the purpose of
taxation is not prohibited per se,
BUT it must comply with the Test
of Valid Classification [See Ormoc
Sugar Central v. Ormoc City (1968),
on equal protection]
Progressive
The rate increases as the tax base increases.
Progressive taxation is a directive to Congress
and is not a judicially enforceable right
[Tolentino v. Secretary of Finance, supra]
Special Funds
(1) Money from tax levied for a special
purpose shall be paid out for such purpose
only.
(2) Once the special purpose is fulfilled or
abandoned, any balance shall be
transferred to the general govt. funds
Presidential Veto and Congressional Override
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G.3. NON-LEGISLATIVE
Informing Function
Via legislative inquiries: intended to benefit not
only Congress but also the citizenry. [Sabio v.
Gordon (2006)]
Item veto
President may veto particular items
appropriation, revenue or tariff bills. The whole
item (and not just a portion) must be vetoed.
[Bengzon v. Drilon (1992)]
Veto of a Rider
Rider provision which does not relate to a
particular appropriation stated in the bill.
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A.1. PRIVILEGES
Presidential Immunity(from Suit)
The President cannot be sued, enjoying as he
does immunity from suit, but the validity of his
acts can be tested by an action against other
executive officials. [Carillo vs. Marcos (1981)]
Presidential Privilege
N.B. Case law uses the term presidential
privilege to refer to either (1) immunity from
suit or (2) executive privilege; latter discussed
here.
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Vice-President
May be appointed member of the cabinet,
without need of confirmation [Art. VII, Sec. 3]
Cabinet (and their deputies and assistants)
General Rule: A Cabinet member may hold
another office if:
(1) Necessitated by primary functions of
his position or allowed by law; and
(2) Authorized by the Constitution. [Civil
Liberties Union v. Executive Secretary
(1989)]
Specific exemption: The Secretary of Justice
shall be an ex-officio member of the Judicial
and Bar Council. [Art. VIII, Sec. 8(1)]
B. POWERS
B.1. EXECUTIVE AND ADMINISTRATIVE
POWERS IN GENERAL
Executive power
The power to enforce, implement, and
administer laws. The president shall ensure
that the laws be faithfully executed.[Art. VII,
Sec. 17]
One Executive: This power is exercised by the
President.[Art. VII, Sec. 1]
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Kinds of Appointments:
Regular appointment
(1) Made by the President while Congress
is in session
(2) Takes effect only after confirmation by
the CA
(3) Once approved, continues until the end
of the term of the appointee.
Exception:
Temporary
appointments
to
executive
positions when continued vacancies therein
will prejudice public service or endanger public
safety. [Art. VII, Sec. 15]
Ad-interim appointment
(1) Made while Congress is not in session
(2) Takes effect immediately, BUT ceases to be
valid (1) if disapproved by the CA or (2)
upon the next adjournment of Congress.
[Art. VII, Sec. 16, par. 2]
(3) Ad interim appointments to the
Constitutional Commission are permanent
appointments. [Matibag v. Benipayo
(2002)]
Acting/Temporary appointment
(1) Can be withdrawn or revoked at the
pleasure of the appointing power. No
security of tenure.
(2) No need for CA confirmation, even if
Congress in session.
(3) Limitation: President prohibited from
making such appointments to the
Constitutional Commissions (in order to
preserve the latters independence).
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Power of Removal
General Principle -The power of removal may
be implied from the power of appointment.
Exception: The President cannot remove
officials appointed by him where the
Constitution prescribes certain methods for
separation of such officers from public service,
e.g. Chairmen and Commissioners of
Constitutional Commissioners who can be
removed only by impeachment, or judges who
are subject to the disciplinary authority of the
Supreme Court.
Midnight Appointments
General Rule: Two months immediately before
the next presidential elections (2nd Monday of
March), and up to the end of his "term" (June
30), a President (or Acting President) shall not
make appointments. (Art. VII, Sec. 15)
B.3. POWER
SUPERVISION
OF
CONTROL
AND
Control
Is the power of an officer to alter or modify or
nullify or to set aside what a subordinate has
done in the performance of his duties and to
substitute one's own judgment to that of a
subordinate. (Mondano v. Silvosa [1955])
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The President shall be the Commander-inchief of all armed forces of the Philippines
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Pardon
Amnesty
Infractions of peace of Addressed to Political
the state
Offenses
Granted to individuals To classes of persons
Exercised solely by
the executive
Private act which
must be pleaded and
proved
Looks forward and
relieves the pardonee
of the consequences
of the offense
Extended after final
judgment
POLITICAL LAW
Executive Agreements
International
agreements
involving
adjustments in detail carrying out wellestablished national policies and traditions
and those involving a more or less temporary
character. Distinction between an executive
agreement and a treaty is purely a
constitutional one and has no international
legal significance. President may enter without
need of Senate concurrence.
Requires concurrence
of Congress
Public act which the
courts could take
judicial notice
Looks backward and
puts into oblivion the
offense itself.
May be extended at
any stage
B.7.
POWERS
RELATIVE
APPROPRIATION MEASURES
TO
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(1) When
President
acts under
the
Commander-in-Chief clause, he acts under
a constitutional grant of military power,
which may include the law-making power.
(2) When President acts under emergency
powers, he acts under a Congressional
delegation of law-making power.
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C. RULES ON SUCCESSION
C.1. PRESIDENT
Death
or
permanent
disability of the Presidentelect
President-elect fails to
qualify
Vacancy
at the
Beginning
of the
term
Vacancy
during
the term
Death,
permanent
disability, removal from
office, or resignation of the
President
Death,
permanent
disability, removal from
office, or resignation of
President
ANDVicePresident
Vice-President-elect
become President
shall
Vice-President-elect shall
act as President until the
President-elect shall have
qualified
Vice-President-elect shall
act as President until a
President shall have been
chosen and qualified.
SenatePresident or, incase
of his inability,Speaker of
the
House
of
Representatives, shall act
as President until a
President or a VicePresident shall have been
chosen and qualified.
Vice-President
become President
shall
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inability exists.
If after the President Congress determines by a
transmits his declaration of 2/3 vote of both houses,
his ability to discharge his voting separately, that the
office, and a majority of President is unable to
members of the Cabinet discharge the powers and
transmit within 5 days to duties of his office, the Vicethe Senate President and President shall act as
Speaker
their
written President; otherwise, the
declaration
that
the President shall continue
President is unable to exercising the powers and
discharge the powers and duties of his office
duties
of
his
office,
Congress shall decide the
issue.
C.2. VICE-PRESIDENT
POLITICAL LAW
Congress shall convene, if
not in session, within 48
hours. And if within 10 days
from receipt of the last
written declaration or, if not
in session, within 12 days
after it is required to
assemble.
Judicial Power
Where vested
Supreme Court
Lower courts
Definition
See above
Judicial Review
Supreme Court
Lower courts
V. Judicial Department
A. CONCEPTS
A.1. JUDICIAL POWER SECTION 1,
ARTICLE VIII
Judicial power includes the duty of the courts of
justice to:
(1) Settle actual controversies involving rights
which are legally demandable and
enforceable, and
(2) 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.
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B.
SAFEGUARDS
INDEPENDENCE
OF
JUDICIAL
Moot Questions
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D.
APPOINTMENTS
JUDICIARY
TO
THE
At least 40 years
old
C. JUDICIAL RESTRAINT
15 years or more
as a judge or a
lower court or
has
been
engaged in the
practice of law in
the PHL for the
same period
Age
At least 35 At least 30
years old
years old
Experience
Has been engaged for at
least 5 years in the practice
of law* in the PHLor has
held public office in the
PHL requiring admission to
the practice of law as an
indispensable requisite
Tenure
Hold office during good behavior until they
reach the age of 70 or
become incapacitated to discharge their duties
Character
Person of proven competence, integrity, probity
and independence
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(C)
(D)
(E)
(F)
(G)
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E.4. ADMINISTRATIVE
OVER LOWER COURTS
SUPERVISION
E.5.
ORIGINAL
JURISDICTION
AND
APPELLATE
The SC En Banc is not an appellate court vis-vis its Divisions. [Firestone Ceramics v. CA,
(2001)]
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(2)
(3)
(4)
(5)
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F. JUDICIAL PRIVILEGE
See SC Resolution dated February 14, 2012, In
Re: Production of Court Records and
Documents and the Attendance of Court
officials and employees as witnesses
Additional Rules:
(1) Confidential Information secured by justices,
judges, court officials and employees in the
course of their official functions, mentioned
in (2) and (3) above, are privileged even
after their term of office.
(2) Records of cases that are still pending for
decision are privileged materials that
cannot be disclosed;except only for
pleadings, orders and resolutions that have
been made available by the court to the
general public.
(3) Principle of comity (inter-departmental
courtesy) demands that highest officials of
each dept. be exempt from the compulsory
processes of the other depts.
(4) These privileges belong to the Supreme
Court as an institution, not to any justice or
judge in his or her individual capacity. No
one can claim Exceptions[i.e. waive the
privilege] without the consent of the Court.
Judicial Privilege
A form of deliberative process privilege; court
records which are pre-decisional and
deliberative in nature are thus protected and
cannot be the subject of a subpoena
A document is pre-decisional if it precedes, in
temporal sequence, the decision to which it
relates.
A material is deliberative on the other hand, if it
reflects the give-and-take of the consultative
process. The key question is whether disclosure
of the information would discourage candid
discussion within the agency.
Judicial Privilege is an exception to the general
rule of transparency as regards access to court
records.
Court deliberation sare traditionally considered
privileged communication.
Summary of Rules
The following are privileged documents or
communications, and are not subject to
disclosure:
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VI. Constitutional
Commissions
A. CONSTITUTIONAL SAFEGUARDS
TO ENSURE INDEPENDENCE OF
COMMISSIONS
Exceptions:
(1) Policy determining where the officer lays
down principal or fundamental guidelines
or rules; or formulates a method of action
for government or any of its subdivisions,
e.g. department head.
(2) Primarily confidential denoting primarily
close intimacy which ensures freedom of
intercourse without embarrassment or
freedom from misgivings or betrayals on
confidential matters of state [De los Santos
v. Mallare (1950)]; OR one declared to be so
by the President of the Philippines upon the
recommendation of the CSC [Salazar v.
Mathay (1976)].
(3) Highly technical requires possession of
technical skill or training in supreme
degree.[Mallare, supra]
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(1) Jurisdiction
to
hear
and
decide
administrative cases instituted before it
directly or on appeal, including contested
appointments. (Admin. Code)
(2) Original jurisdiction to hear and decide a
complaint for cheating in the Civil Service
examinations committed by government
employees. [Cruz v. CSC (2001)]
(3) Appellate jurisdiction over decisions of
lower level officials in cases filed against
erring employees in connection with the
duties and functions of their office. [Olanda
v. Bugayong (2003)]
D. JURISDICTION
D.1. CIVIL SERVICE COMMISSION
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E.2. ADMINISTRATIVE
Each Commission shall appoint its own officials
in accordance with law [Art. IX-A, Sec. 4]
Each Commission en banc may promulgate its
own rules concerning pleadings and practices
before it [Id., Sec.6]
Each Commission shall perform such other
functions as may be provided by law [Id., Sec. 8]
Decisions
Each Commission shall decide, by a majority
vote of all its members (read: not only those
present), any case or matter brought before it
within 60 days from the date of its submission
for decision or resolution. [Art. IX-A, Sec. 7]
VII. Citizenship
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B.
MODES
CITIZENSHIP
OF
ACQUIRING
C.
NATURALIZATION
DENATURALIZATION
POLITICAL LAW
AND
C.1. NATURALIZATION
Process by which a foreigner is adopted by the
country and clothed with the privileges of a
native-born citizen. The applicant must prove
that he has all of the qualifications and none of
the disqualifications for citizenship.
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C.2. DENATURALIZATION
Process by which grant of citizenship is revoked.
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F.1. NATURAL-BORN
(1) Citizens of the Phil. from birth without
having to perform any act to acquire or
perfect their Phil. citizenship; and
(2) Those who elect Philippine citizenship in
accordance with Art. IV, Sec. 1(3)
POLITICAL LAW
BE
(5)
(6)
(7)
(8)
Requirements:
(1)
Be 21 years of age
(2)
Be a resident for 6 months
(3)
Have good moral character
(4)
Have no disqualification
A. REGALIAN DOCTRINE
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(1) Citizens may lease only< 500 Congress may increase Filipino
ha.
equity participation.
(2)
Citizens
mayacquireby
purchase, homestead or grant
only < 12 ha.
Practice of professions, save in Areas of Investment as Congress
cases provided by law [Art. XII, may prescribe (Congress may
Sec. 14(2)]
prescribe a higher percentage)
[Art. XII, Sec. 10]
Small-scale utilization of natural Operation of public utilities[Art.
resources, as may be provided by XII, Sec. 11]
law[Art. XII, Sec. 2(3)]
Cannot be for longer period than
50 years
Executive and managing officers
must be Filipino
What capital is covered The 60%
requirement applies to both the voting control
and the beneficial ownership of the public utility.
Therefore, it shall apply uniformly, separately,
and across the board to all classes of shares,
regardless of nomenclature or category,
comprising the capital of the corporation. (e.g.
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C. EXPLORATION,
AND UTILIZATION
RESOURCES
POLITICAL LAW
DEVELOPMENT
OF NATURAL
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F. PRACTICE OF PROFESSIONS
The practice of all profession in the Philippines
shall be limited to Filipino citizens, save in the
case prescribed by law. [Art. XII, Sec. 14]
Stewardship Concept
The use of property bears a social function, and
all economic agents shall contribute to the
common good.
Exceptions:
(1) Hereditary succession (Art. XII, Sec. 7)
(2) A natural-born citizen of the Philippines
who has lost his Philippine citizenship may
be a transferee of private lands, subject to
limitations by law. (Art. XII, Sec. 8)
H. MONOPOLIES, RESTRAINT OF
TRADE AND UNFAIR COMPETITION
H.1. MONOPOLIES
The State shall regulate or prohibit monopolies
when the public interest so requires. No
combinations in restraint of trade or unfair
competition shall be allowed. [Art. XII, Sec. 19]
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X. Education, Science,
Technology,
Arts,
Culture and Sports
A. ACADEMIC FREEDOM
Academic freedom shall be enjoyed in all
institutions of higher learning. [Art. XIV, Sec. 5
(2)]
Four Essential Freedoms of a University
(1) Who may teach
(2) What may be taught
(3) How it shall teach
(4) Who may be admitted to study [Garcia v.
Faculty Admission Committee (1975)]
Institutional academic freedom includes the
right of the school or college to decide for itself,
its aims and objectives, and how best to attain
them free from outside coercion or interference
save possibly when the overriding public
interest calls for some restraint.
Allocation of larger share to debt service vis-vis education is not unconstitutional. The
DECS already has the highest budgetary
allocation among all department budgets.
Congress can exercise its judgment and power
to appropriate enough funds to reasonably
service debt. Art. XIV, Sec. 5(5) is directive.
[Guingona v. Carague (1991)]
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I. Fundamental Powers
of the State
POLITICAL LAW
POLICE POWER
TAXATION
GENERAL LIMITATIONS
(1) Power to tax exists for the general welfare;
should be exercised only for a public purpose
(2) Might be justified as for public purpose even
if the immediate beneficiaries are private
individuals
(3) Tax should not be confiscatory
(4) Taxes should be uniform and equitable [Sec.
28(1), Art. VI]
DELEGATION
Police power is lodged primarily in the national
legislature. By virtue of a valid delegation of
legislative power, it may also be exercised by
the president, administrative bodies, and
lawmaking bodies of LGUs. [Sec. 16, R.A. 7160]
SPECIFIC LIMITATIONS
(1) Uniformity of taxation
(2) Tax Exemptions
EMINENT DOMAIN
The power of eminent domain is the inherent
right of the State to condemn private property
to public use upon payment of just
compensation. It is also known as the power of
expropriation.
DELEGATION
(1) Legislature (primarily)
(2) Local legislative bodies [Sec. 5, Art. X]
(3) President (to a limited extent, when granted
delegated tariff powers under Sec. 28 (2) Art.
VI
REQUISITES
(1) Private property
(2) Genuine necessity
(3) For public use
(4) Payment of just compensation
(5) Due process [Manapat v. CA (2007)]
DELEGATION
The moment the municipal corporation or entity
attempts to exercise the authority conferred, it
must comply with the conditions accompanying
the authority. The necessity for conferring the
authority upon a municipal corporation to
exercise the right of eminent domain is
admittedly within the power of the legislature.
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DIFFERENCES
Police Power
Eminent Domain
Taxation
Compensation
None
Just compensation
None
(The altruistic feeling that one (Full and fair equivalent of the (The protection given and public
has contributed to the public property taken) required.
improvements instituted by the
good [NACHURA])
State because of these taxes
[NACHURA])
Use of Property
Not appropriated for public Appropriated for public use
Use taxing power as an
use
implement for the attainment of
a legitimate police objectiveto
regulate a business or trade
Objective
Measure
undertaken
for Property taken for public use; it Earn revenue for the government
general comfort, health and is not necessarily noxious
prosperity
Coverage
Liberty and Property
Property rights only
Property rights only
Exercise of Power
Only by the government
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PROCEDURAL
DUE PROCESS
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AND
POLITICAL LAW
SUBSTANTIVE
HIERARCHY OF RIGHTS
If the liberty involved were freedom of the mind
or the person, the standard for the validity of
governmental acts is much more rigorous and
exacting, but where the liberty curtailed affects
at the most rights of property, the permissible
scope of regulatory measure is wider. [ErmitaMalate Hotel and Motel Operators Association,
Inc. v. City Mayor of Manila (1967)]
[AGABON V. NLRC
(2004)]
Basis: Constitution
Requirements: Procedural and Substantive
Purpose.
(1) protects individual against government; and
(2) assures him of his rights in criminal, civil and
administrative proceedings
Effect of breach: govt action void
CONSTITUTIONAL DUE PROCESS
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VOID-FOR-VAGUENESS DOCTRINE
An act is vague when it lacks comprehensible
standards that men of common intelligence
must necessarily guess at its common meaning
and differ as to its application.
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REQUISITES
WARRANTLESS ARRESTS
REQUISITES OF A VALID WARRANTLESS ARREST [RULE
WARRANTLESS SEARCHES
Aruta implies that the reasonableness of a
warrantless search is determined by the (1)
information received and used as a basis for the
search, and (2) additional factors and
circumstances. The two, taken together,
constitute the probable cause which justifies
warrantless searches and seizures. [Aruta,
supra]
WARRANTLESS
SEARCHES
RECOGNIZED
POLITICAL LAW
ADMINISTRATIVE ARRESTS
General Rule: Only the judge has the power to
issue a warrant after the proper procedure has
been duly taken.
BY
JURISPRUDENCE
Exceptions:
(1) In cases of deportation of illegal and
undesirable aliens, whom the President or
the Commissioner of Immigration may order
arrested, following a final order of
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deportation,
for
the
purpose
of
deportation.[Salazar v. Achacoso (1990)]
(2) Warrant of arrest may be issued by
administrative authorities only for the
purpose of carrying out a final finding of a
violation of law and not for the sole purpose
of investigation or prosecution. It may be
issued only after the proceeding has taken
place as when there is already a final
decision of the administrative authorities.
VI.
Privacy
Communications
Correspondence
POLITICAL LAW
of
and
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Query
What
rule
governs
petitions for
and
the
issuance of a
writ of habeas
data?
CONSTITUTIONAL LAW 2
Habeas Data
The Rule on the Writ of
Habeas Data (A.M. No. 08-116-SC), which was approved
by the SC on 22 January
2008. That Rule shall not
diminish, increase or modify
substantive rights.
VII.
Freedom
Expression
THE
of
FACIAL CHALLENGES
SUBSEQUENT PUNISHMENT
POLITICAL LAW
OVERBREADTH DOCTRINE
CONTENT
CONTENT-BASED RESTRICTIONS
TESTS
CONTENT-NEUTRAL RESTRICTIONS
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To determine obscenity:
(1) Whether the average person, applying
Contemporary Community standards would
find that the work, taken as a whole, Appeals
to prurient interest
(2) Whether the work depicts or describes in a
patently offensive way, sexual conduct
Specifically defined by the applicable state
law
(3) Whether the work, taken as a whole, Lacks
serious, literary, artistic, political, or scientific
value [Miller v. CA (1973) also applied in
Fernando v. CA (2006)]
TELEVISION CENSORSHIP
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RADIO CENSORSHIP
COMMERCIAL SPEECH
Commercial speech is protected speech
although commercial advertising in the U.S. has
not been accorded the same level of protection
given to political speech. One case set down the
requirements for protection of commercial
speech:
(1) speech must not be false, misleading or
proposing an illegal activity;
(2) government interest sought to be served by
regulation must be substantial;
(3) the regulation must advance government
interest; and
(4) the regulation must not be overbroad.
[Bernas]
NON-ESTABLISHMENT CLAUSE
The clause prohibits excessive government
entanglement
with,
endorsement
or
disapproval of religion [Victoriano v. Elizalde
Rope Workers Union (1974)])
ACTS
NOT
PERMITTED
BY
NON-ESTABLISHMENT
CLAUSE
HECKLERS VETO
An attempt to limit unpopular speech. For
example, an unpopular group wants to hold a
rally and asks for a permit. The government is
not allowed to refuse the permit based upon the
beliefs of the applicants. But the government
can deny the permit, reasoning that it is not
because the government disapproves of the
group's message, it is just afraid that so many
people will be outraged that there might be
violent protests. Under the Free Speech Clause
of Sec. 4 Art. III, the government may not
silence speech based on the reaction (or
Constitutionally created
(1) Tax exemption [Art. VI, Sec. 28 (3)]
(2) Operation of sectarian schools [Art. XIV, Sec.
4(2)]
(3) Religious instruction in public schools [Art.
XIV, Sec. 3(3)]
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Jurisprudence
Religious
activities
with
secular
purpose/character.
Postage stamps depicting Philippines as the site
of a significant religious event promotes
Philippine tourism [Aglipay vs. Ruiz, (1937)]
Government sponsorship of town fiestas. has
secular character [Garces vs. Estenzo (1981)]
Book lending program for students in parochial
schools.
benefit to parents and
students[Board of Education vs. Allen, 392 U.S.
236]
Display of crche in a secular setting depicts
origins of the holiday [Lynch vs. Donnely (1984)]
Financial support for secular academic facilities
(i.e library and science center) in parochial
schools has secular use [Tilton vs. Richardson
(403 U.S. 672)]
TESTS
CLEAR AND PRESENT DANGER
(FOR RELIGIOUS
SPEECH)
BENEVOLENT
INTEREST
NEUTRALITY-COMPELLING
STATE
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Right to travel
Who: courts (lawful order) or by the appropriate
executive officer.
When: in the interest of national security
(Human Security Act), public safety or public
health (quarantine)
In the RH LAW:
A conscientious objector should be exempt from
compliance with the mandates of the RH Law. If
he is compelled to act contrary to his religious
belief and conviction, it would be violative of the
principle of non-coercion enshrined in the
constitutional right to free exercise of religion.
[Imbong vs. Ochoa (2014)]
RIGHT TO TRAVEL
WATCH LIST ORDER
HOLD-DEPARTURE ORDER
Criteria:
(1) There must be belief in God or a parallel
belief occupying a central place in the
believers life
(2) Religion must involve a moral code
transcending individual belief; cannot be
purely subjective
(3) Demonstrable sincerity in belief must be
shown, but court cannot inquire into its truth
or reasonableness [United States v. Seeger,
380 U.S. 163 (1965)]
(4) There must be some associational ties.
[Estrada v. Escritor (2003)]
X. Right to Information
LIMITATIONS
Liberty of abode
Who: courts (lawful order)
When: within limits prescribed by law
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Right To Info On
Matters Of Public
Concern
Art. Iii, Sec. 7
LIMITATIONS
Matter
All
transactions Matters of public
involving
public concern
interest;
Broad scope, embraces
any matter contained
in
official
communications and
public documents of
the govt agency
Demand to Access
Demand or request
required to gain
access (IDEALS)
What is asserted
DUTY TO DISCLOSE of RIGHT TO ACCESS
the govt, pursuant to INFO.See below for
the policy of full public documents
disclosure
specifically
under
scope
Notes
Public Concern: no
exact definition and
adjudicated by the
courts on a case-bycase basis; but
examples abound in
jurisprudence (e.g.
peace negotiations,
board exams, PCGG
compromise
agreements,
civil
service matters)
SCOPE OF RIGHT
INFORMATION
TO
POLITICAL LAW
PUBLICATION
REGULATIONS
ACCESS
OF
LAWS
AND
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DIPLOMATIC NEGOTIATIONS
CONCEPT
It is the right of the government to take private
property with just compensation.
REQUISITES FOR VALID EXERCISE OF EMINENT DOMAIN
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EFFECT OF DELAY
JUST COMPENSATION
MISCELLANEOUS APPLICATION
DETERMINATION
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CONTEMPORARY APPLICATION OF
THE CONTRACT CLAUSE
WHEN NON-IMPAIRMENT CLAUSE PREVAILS:
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RA NO. 9999
FREE LEGAL ASSISTANCE ACT OF
2010
AVAILABILITY
REQUISITES
Effective communication by the investigator of
rights of accused [People v. Agustin (1995)]
WAIVER
What can be waived
The right to remain silent and the right to
counsel
MIRANDA RIGHTS
The person under custodial investigation must be
warned that:
(1) He has a right to remain silent;
(2) That any statement he makes may be used
as evidence against him; and
RULE ON WAIVER
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XVI. Rights
Accused
CONSTITUTIONAL LAW 2
of
the
POLITICAL LAW
RIGHT TO BE HEARD
It means the accused is amply accorded legal
assistance extended by a counsel who commits
himself to the cause of the defense and acts
accordingly. It is an efficient and truly decisive
legal assistance, and not simply a perfunctory
representation. [People v. Bermas (1999)]
ASSISTANCE OF COUNSEL
Courts duty to inform the accused of right to
counsel before being arraigned;
(1) It must ask him if he desires the services of
counsel;
(2) If he does, and is unable to get one, the
Court must give him one; if the accused
wishes to procure private counsel, the Court
must give him time to obtain one.
(3) Where no lawyer is available, the Court may
appoint any person resident of the province
and of good repute for probity and ability.
BAIL
WHO MAY AVAIL
RIGHT TO BE INFORMED
Procedural due process requires that the
accused must be informed why he is being
prosecuted and what charge he must meet.
[Vera vs. People, supra]
WHEN AVAILABLE
Exceptions:
(1) When charged with an offense punishable by
reclusion perpetua.
(2) Traditionally, the right to bail is not available
to the military, as an exception to the bill of
rights. [People v. Reyes (1992)]
PRESUMPTION OF INNOCENCE
The requirement of proof beyond reasonable
doubt is a necessary corollary of the
constitutional right to be presumed innocent.
[People vs. Dramavo (1971)]
RIGHT OF CONFRONTATION
Two-fold purpose:
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AVAILABILITY
(1) A prime specification of an application for a
writ of habeas corpus is involuntary restraint
of liberty.
(2) Voluntary restraint of liberty i.e. right of
parents to regain custody of minor child even
if the child is in the custody of a third person
of her own free will [Sombong v. CA (1990)]
(3) Illegal arrest with supervening event when
restraint of liberty is already by virtue of the
complaint or information. [Velasco vs. CA
(1995)]
(a) The issuance of a judicial process
preventing the discharge of the detained
person.
(b) Another is the filing of a complaint or
information for the offense for which the
accused is detained. [Section 4 of Rule 102]
(4) Where a sentence imposes punishment in
excess of the power of the court to impose,
such sentence is void as to the excess
[Gumabon v. Director of Prisons (1971)]
COMPULSORY PROCESS
Subpoena is a process directed to a person
requiring him to attend and to testify at the
hearing or trial of an action or at any
investigation conducted under the laws of the
Philippines, or for the taking of his deposition.
[Caamic v. Galapon (1994)]
Before a subpoena duces tecum may issue, the
court must first be satisfied that the following
requisites are present:
(1) The books, documents or other things
requested must appear prima facie relevant
to the issue subject of the controversy (test of
relevancy), and
(2) Such books must be reasonably described by
the parties to be readily identified (test of
definiteness). [Roco v. Contreras (2005)]
TRIALS IN ABSENTIA
3 requisites:
(1) Accused failed to appear for trial despite
postponement and notice
(2) Failure to appear is unjustified
(3) After arraignment
Consequences: Waiver of right to cross examine
and present evidence [Gimenez vs. Nazareno
(1988)]
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XIX. Self-Incrimination
Clause
SCOPE AND COVERAGE
Only applies to compulsory testimonial, and
doesnt apply to material objects [Villaflor vs.
Summers (1920)]
WRIT OF AMPARO
The petition for a writ of amparo is a remedy
available to any person whose right to life,
liberty and security is violated or threatened
with violation by an unlawful act or omission of
a public official or employee, or of a private
individual or entity. [Sec. 1, The Rule on the Writ
of Amparo]
WRIT OF KALIKASAN
Remedy against violation or threat of violation
of constitutional right to a balanced and
healthful ecology by an unlawful act or
omission of a public official or employee, or
private individual or entity, involving
environmental damage of such magnitude as to
prejudice the life, health or property of
inhabitants in two or more cities or provinces.
APPLICATION
General Rule: The privilege is available in any
proceedings, even outside the court, for they
may eventually lead to a criminal prosecution.
EXPANDED APPLICATION:
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XX.
Involuntary
Servitude and Political
Prisoners
INVOLUNTARY SERVITUDE
Slavery and involuntary servitude, together with
their corollary peonage, all denote a condition
of enforced, compulsory service of one to
another.[Hodges v. US (1906) in Rubi v.
Provincial Board of Mindoro (1919)]
POLITICAL PRISONERS
If the petitioners are political prisoners subject
to the civil jurisdiction of ordinary courts of
justice if they are to be prosecuted at all, the
army has no jurisdiction, nor power, nor
authority, from all legal standpoints, to
continue holding them in restraint. They are
entitled, as a matter of fundamental right, to be
immediately released, any allegation as to
whether the war was ended or not. [Raquiza v.
Bradford (1945)]
IMMUNITY STATUTES
TRANSACTIONAL IMMUNITY
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EXCEPTIONS
DISMISSAL
ACCUSED
WITH
CONSENT
OF
XXII. Non-Imprisonment
for Debts
Debt any civil obligation arising from a
contract. It includes even debts obtained
through fraud since no distinction is made in
the Constitution. [Ganaway v. Quillen (1922)]
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BILLS OF ATTAINDER
A bill of attainder is a legislative act which
inflicts punishment without judicial trial. If the
punishment be less than death, the act is
termed a bill of pains and penalties. Within the
meaning of the Constitution, bills of attainder
include bills of pains and penalties. [Cummings
v. Missouri (1867)]
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POLITICAL LAW
ADMINISTRATIVE LAW
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ADMINISTRATIVE LAW
A. GENERAL PRINCIPLES
POLITICAL LAW
C. POWERS OF ADMINISTRATIVE
AGENCIES
C.1.
QUASI-LEGISLATIVE
(RULE
MAKING) POWER
B. ADMINISTRATIVE AGENCIES
1. Definition: The organs of government, other
than a court and other than the legislature,
which affect the rights of private parties either
through adjudication or through rule-making.
2. Manner of creation
a. 1987 Constitution(e.g. CSC, COMELEC,
COA, CoA, CHR, JBC, and NEDA)
b. Legislative Enactments(e.g. NLRC, SEC,
PRC, SSC, CID, PPO, GAB, BoE, and IC)
c. Executive Orders/ Authorities of law(e.g.
Fact-finding Agencies)
3. Kinds
a. Government grant or gratuity, special
privilege (e.g. GSIS, SSS, PAO);
b. Carrying out the actual business of
government (e.g. BIR, Customs);
c. Service for public benefit (e.g. Philpost,
PNR, MWSS, NFA, NHA);
d. Regulation of businesses affected with
public interest (e.g. LTFRB, NTC,
HLURB);
e. Regulation of private businesses and
individuals (e.g. SEC);
f. Adjustment of individual controversies
because of a strong social policy
involved (e.g. ECC, NLRC, SEC, DAR,
COA).
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OF
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LOCAL GOVERNMENTS
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POLITICAL LAW
LOCAL GOVERNMENTS
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LOCAL GOVERNMENTS
I. Public Corporations
POLITICAL LAW
A. CONCEPTS
B. CLASSIFICATIONS
Municipal
Quasi-Municipal
Corporations
Corporations
Exists by virtue of a Exists
as
an
charter (e.g., LGU)
unincorporated direct
agent of the State
(e.g., water districts)
Notes:
Plebiscite must be conducted in the
political units directly affected, i.e. those
who will be economically dislocated [Padilla
v. COMELEC (1992)] or those who will suffer
material change in their political and
economic rights [Miranda v. Aguirre (1999)]
For amendments of organic acts: Only
amendments or revisions of the Organic Act
constitutionally-essential to the creation of
autonomous regions those aspects
specifically mentioned in the Constitution
which Congress must provide for in the
Organic Act require ratification through a
plebiscite. [Datu Abas Kida v. Senate (2012)]
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LOCAL GOVERNMENTS
POLITICAL LAW
Land Area
N.B.
Compliance
by:
Population
Province
[LGC, sec. 461]
must
be
Management
250,000
200,000
Component City
P100M (2000 prices)
[sec. 450, as amended
by R.A. No. 9009]
150,000
Municipality
[sec. 442]
25,000
50 sq. km.
No requirement
2,000; OR
No requirement except
5,000 (if in Metro Manila for contiguity
or HUCs)
Barangay
[sec. 386]
Municipality
(1) Income;
(2) Population; AND
(3) Land Area
Barangay
Province
City
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Municipality
Barangay
LOCAL GOVERNMENTS
POLITICAL LAW
DE FACTO CORPORATIONS
ABOLITION
Requisites
(1) Apparently
valid
law
authorizing
incorporation;
(2) Attempt in good faith to organize the
corporation;
(3) Colorable compliance with law;
(4) Assumption of corporate powers.
LOCAL AUTONOMY
Declaration of policy: Genuine and meaningful
local autonomy to enable them to attain their
fullest development as self-reliant communities
and make them more effective partners in the
attainment of national goals. [LGC, sec. 2]
DECENTRALIZATION V. DEVOLUTION
EFFECTS
Decentralization of
Administration
Occurs when the
central government
delegates
administrative
powers to political
subdivisions in order
to make it more
responsive. [Limbona
v. Mangellin (1989)]
Merger
Legal existence of the annexed terminated;
Laws and ordinances of the annexing LGU
shall prevail;
Title to property and debts are acquired by
the annexing LGU.
Division
Legal existence of the original LGU
terminated;
Property, rights, and powers acquired by the
dividing LGUs.
79
Decentralization of
Power
Abdication of political
power in favor of
LGUs declared to be
autonomous regions,
making the latter no
longer accountable to
the
national
government, but to
its
constituency.
[Ganzon v. CA (1991)]
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LOCAL GOVERNMENTS
Includes powers
(1) expressly granted,
(2) impliedly granted,
(3) necessary or incidental to effective
governance, and
(4) essential to promotion of general welfare.
C. TAXING POWER
A.4. GENERAL
[LIMITATIONS]
WELFARE
POLITICAL LAW
CLAUSE
B. EMINENT DOMAIN
B.1. REQUISITES
(1) Ordinance authorizing local Chief Executive
to exercise eminent domain
(2) Public use or public purpose
(3) Payment of just compensation
80
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LOCAL GOVERNMENTS
D. CLOSURE
ROADS
AND
OPENING
POLITICAL LAW
OF
E. LEGISLATIVE POWER
81
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E.2.
REQUISITES
ORDINANCE
LOCAL GOVERNMENTS
FOR
VALID
POLITICAL LAW
VI.
APPROVAL
ORDINANCES
AND
VETO
OF
E.3. PUBLICATION
I. GENERAL RULE
Posting at city, municipal, or barangay hall and
2 other conspicuous places. Takes effect 10 days
after posting.
II. HUC/ICC
Posting and publication of the main features of
the ordinance once in a newspaper of local, or if
none, general circulation; takes effect 10 days
after posting/publication;
By Whom
Sangguniang
Panlalawigan
Sangguniang
Panlungsod
or
Sangguniang Bayan
What
barangay
UP LAW BOC
LOCAL GOVERNMENTS
POLITICAL LAW
Whether
consistent
with law and the city
and
municipal
ordinances
POLITICAL/GOVERNMENTAL ACTS
LGUs are generally not liable unless a statute
provides otherwise, such as damages due to the
defective condition of roads and other public
works [CIVIL CODE, art. 2189] or damages due to
failure to render aid or protection [CIVIL CODE,
art. 34]; officers/agents not liable unless they
acted willfully and with malice;
F. CORPORATE POWERS
Note: Local government units and their officials
are not exempt from liability for death or injury
to persons or damage to property. [LGC, sec. 24]
CORPORATE/PROPRIETARY ACTS
LGUs can be held liable, but the defense of due
diligence in selection and supervision of officers
and agents is available; officers/agents are like
directors of a private corporationliable if acts
are done within the scope of their employment
and they acted in bad faith or with gross
negligence.
G.
SETTLEMENT
OF
BOUNDARY
DISPUTES
G.1. AMICABLE SETTLEMENT
Boundary
dispute
Where
between
2 or more Same city
barangays
or
municipal
ity
2 or more Same
municipalities
province
Amicably
settled by
Sangguniang
Panlungsod or
Sangguniang
Bayan
Sangguniang
Panlalawigan
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Municipalities
Different
or component provinces
cities
Component
N/A
city
or
Municipality v.
Highly
urbanized city
Between 2 or
more
highly
urbanized
cities
LOCAL GOVERNMENTS
Jointly referred
to sanggunians
of
the
provinces
concerned
Jointly referred
to respective
sanggunians of
the parties
II. SUCCESSION
General rule: The governor/mayor/punong
barangay is succeeded by the vicegovernor/vice-mayor/highest-ranking
Sanggunian member automatically
H.
SUCCESSION
OFFICIALS
OF
POLITICAL LAW
ELECTIVE
J.1. GROUNDS
Disloyalty to the Republic of the Philippines;
Culpable violation of the Constitution;
(3) Dishonesty, oppression, misconduct in
office, gross negligence, or dereliction of
duty;
(4) Commission of any offense involving moral
turpitude or an offense punishable by at
least prision mayor;
(5) Abuse of authority;
(1)
(2)
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LOCAL GOVERNMENTS
(6)
J.2. ADMINISTRATIVE
JURISDICTION
DISCIPLINARY
J.3.
ADMINISTRATIVE
UNDER THE LGC [SEC. 61]
Elective Local Official of
COMPLAINTS
Complaint filed at
Province,
highly Office
of
urbanized
city, President
independent component
city, or component city
Municipality
Sangguniang
Panlalawigan
Barangay
Sangguniang
Panglungsod
Bayan
POLITICAL LAW
the
or
UP LAW BOC
LOCAL GOVERNMENTS
K.
DISCIPLINEOF
OFFICIALS
(1) Sangguniang
Panglungsod
component cities; and
(2) Sangguniang Bayan
L. RESIGNATIONS
Appeal to
Sangguniang
of Panlalawigan
(1) Sangguniang
Office of
Panlalawigan; and
President
(2) Sangguniang
Panglungsod of HUCs /
ICCs
APPOINTIVE
POLITICAL LAW
Exceptions:
(1) Irrevocable resignations by sanggunian
members shall be deemed accepted upon
presentation before an open session of the
sanggunian concerned and duly entered in
its records;
(2) An office may be deemed relinquished
through voluntary abandonmentintent to
abandon coupled with an external act.
the
[Final
and
executory]
M.1. STEPS
(1) Commencement by petition of a registered
voter supported by the required number of
signatures
(2) COMELEC certification of sufficiency
(3) Notice, publication, posting
(4) Verification
and
authentication
of
signatures
(5) Filing of candidacies
(6) Recall election
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LOCAL GOVERNMENTS
POLITICAL LAW
N. TERM LIMITS
N.1. LENGTH OF TERM
87
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PUBLIC OFFICIALS
POLITICAL LAW
POLITICAL LAW
PUBLIC OFFICIALS
88
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PUBLIC OFFICIALS
POLITICAL LAW
I. Public Officials
1. DE JURE OFFICER V. DE FACTO OFFICER (2000, 2004, 2009, 2010)
De Jure
De Facto
Rests on right
Rests on reputation
Requisites:
Requisites:
1. De jure office exists
1. De jure office
2. He legally qualifies for the office
2. Assumed office under color of right or
3. He is lawfully chosen for such office
general acquiescence by the public
4. He undertakes to perform the duties
3. Actual possession of office in good faith.
of the office.
Lawful title or right to the office
Has possession and performs duties under color
of right without being technically qualified.
Cannot be removed even in a direct proceeding
Can be ousted in a direct proceeding against him
5. ABANDONMENT OF OFFICE V.
RESIGNATION (2000)
Abandonment
Resignation
Voluntary
Voluntary
Unlawful
(Felony Lawful, so long as
under RPC)
officer
does
not
abandon post before
acceptance
of
resignation.
Relinquishment
Formal
through non-user
relinquishment
No
acceptance Acceptance required
required
Accomplished through Non-user is not an
non-user, but non-user element
of
alone
is
not resignation.
abandonment without
intent to abandon.
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PUBLIC OFFICIALS
POLITICAL LAW
6. KINDS OF APPOINTMENTS (BAR 1990, 1991, 1994, 2010, 1990, 2003, 2005).
Kinds of presidential appointments.
Permanent
Regular
Ad interim
When made
While Congress is in While Congress is not
session.
in session or during its
recess
Subject to COA Yes, if under the first Yes
Confirmation?
sentence of Art. VII,
Sec. 16.
Security of tenure?
Yes
Yes
Temporary/Acting
When
a
appointment
made.
No
permanent
cannot be
No.
Additional Notes:
The Department Head is an alter ego of the
President and must enjoy his confidence even
if the appointment will be merely temporary.
The Senate or Congress cannot require that
an undersecretary be appointed in lieu of an
acting secretary by the President. (Asked
2013, citing facts from Pimentel Jr. v. Ermita)
An ad interim appointment by the President is
permanent. An ad interim appointment by a
department secretary is temporary (Bar 1994,
Summers v. Ozaeta)
Acceptance of an ad interim appointment,
being a permanent appointment, is a waiver
of the right to hold ones previous position
(Id.) (Bar 2010)
An acting appointment is merely temporary.
It cannot become permanent unless a new,
permanent appointment is made. (Bar 2003,
Marohambsar v. ALonto)
7. REQUIREMENT OF CONFIRMATION
BY COA (1999, 2002)
8. APPOINTMENTS TO THE
CONSTITUTIONAL COMMISSIONS
(BAR 2013)
A losing candidate in the last previous
election cannot be appointed to any of the
Constitutional
Commissions.
This
disqualification does not extend to the
appointment of Directors of GOCCs.
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PUBLIC OFFICIALS
POLITICAL LAW
12. DESIGNATION/APPOINTMENT OF
ELECTIVE OFFICIAL AS APPOINTIVE
OFFICIAL, EFFECT. (1995, 2002)
The acceptance of an appointment is a
forfeiture of the elective position the official
holds.
Includes:
(a) Open career positions Where prior
qualification in an appropriate examination
is required.
(b) Closed career positions e.g. scientific or
highly technical in nature;
(c) Career Executive Service
- e.g.undersecretaries, bureau directors
(d) Career Officers Other than those
belonging to the Career Executive Service
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PUBLIC OFFICIALS
POLITICAL LAW
Disqualification
Shall not hold any other office or employment
during tenure, unless provided in Consti.
May not hold any other office or employment in
the Government, any subdivision, agency or
instrumentality thereof, including GOCCs
19.
BYPASSED
AD
APPOINTMENT (2005)
INTERIM
92
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PUBLIC OFFICIALS
POLITICAL LAW
1. IS AN ELECTIVE OFFICIAL,
RUNNING FOR ANY OFFICE OTHER
THAN THE ONE HE IS HOLDING IN A
PERMANENT CAPACITY, EXCEPT FOR
PRESIDENT AND VICE-PRESIDENT,
CONSIDERED IPSO RESIGNED? (BAR
1995, 2002, 2003)
4. CITIZENSHIP AS A REQUIREMENT
FOR CANDIDACY (1987, 1988, 1999,
2003, 2004, 2005, 2006, 2009)
93
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PUBLIC OFFICIALS
POLITICAL LAW
1.
7. RULES ON APPRECIATION OF
BALLOTS (1994)
General Rule: All Ballots will be considered
valid unless there is clear and good reason to
justify its rejection
Exceptions are found in Sec. 211 of the Code.
However, the ff. rules were asked in 1994, just
once. :
1. A name or surname incorrectly written
which, when read, has a sound similar to
the name or surname of a candidate when
correctly written shall be counted in his
favor;
5. SUBSTITUTION OF CANDIDATE
(1995, 2008, 2009)
General Rule: Not allowed
Exception: After the last day for filing of the
certificates of candidacy, an official candidate of
a registered political party dies, withdraws or is
disqualified for any cause, he may be
substituted by a candidate belonging to and
nominated by the same political party.
However:
No substitute shall be allowed for any
independent candidate. [Recabo, Jr. v.
COMELEC (1999)]
The substitute must file his certificate of
candidacy not later than mid-day of the
election day.
If
the
death,
withdrawal
or
disqualification should happen between
the day before the election and mid-day
of the election day, certificate may be
filed with:
94
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PUBLIC OFFICIALS
POLITICAL LAW
8. PROCEEDINGS UNDER THE OMNIBUS ELECTION CODE (1991, 1993, 1996 2009)
Governing
Provision
Grounds
Effect if
granted
Prescriptive
Period
Petition for
disqualification
Pre-proclamation controversy
Sec. 68
Sec. 78
Secs. 241-248
1. Giving money or
other
material
consideration
to
influence, induce or
corrupt the voters or
the public officials
performing electoral
functions.
2. Committing acts of
terrorism to enhance
his candidacy
3. Spending in his
election campaign
an amount in excess
of that allowed by
this code
4. Soliciting,
receivingor making
any
contribution
prohibited
under
Secs. 89, 95, 96, 97
and 104,
5. Violating any of Secs.
80, 83,85,86 and
261,
paragraphs
d,e,k, v and cc.
1. Material
representation in the
Certificate
of
Candidacy that is
false
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 other authentic
copies thereof as mentioned
in
Sections 233, 234, 235 and 23
6 of this Code;
3. The election returns were
prepared
under
duress,
threats,
coercion,
or
intimidation, or they are
obviously manufactured or
not authentic; and
4. When substitute or fraudulent
returns in controverted polling
places were canvassed, the
results of which materially
affected the standing of the
aggrieved
candidate
or
candidates.
Prohibition to continue Not treated as a Suspension of proclamation of
as a candidate
candidate at all, as if he candidate. May lead to annulling
never filed a COC
proclamation.
Any day after the last 5 days from last daye of 10 days from proclamation.
day of filing CoCs but filing COC.
not later than the date
of proclamation
No pre-proclamation cases allowed in elections for President, VP, Senator and Member of the HOR
(RA 7166) (Asked in 2003)
One whose pre-proclamation controversy has failed may still file an election protest (Aske 1988)
95
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PUBLIC OFFICIALS
POLITICAL LAW
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 other authentic
copies thereof as mentioned in
Sections 233, 234, 235 and 236 of this
Code;
3. The election returns were prepared
under duress, threats, coercion, or
intimidation, or they are obviously
manufactured or not authentic; and
4.When substitute or fraudulent returns
in controverted polling places were
canvassed, the results of which
materially affected the standing of the
aggrieved candidate or candidates.
Any person
Election Protest
Strictly a contest between the defeated
and winning candidates based on
grounds of election frauds or
irregularities as to who actually
obtained the majority of the legal votes
and therefore is entitled to hold the
office
Effect if granted
Suspension
of
proclamation
of A protestee may be ousted and the
candidate. May lead to annulling protestant seated in the office vacated
proclamation.
Prescriptive
Period
Quo Warranto
Refers to questions of disloyalty or ineligibility of
the winning candidate. It is a proceeding to
unseat the ineligible person from office, but not
to install the protestant in place
Can be filed by any voter. It is not considered a
contest where the parties strive for supremacy
While the respondent may be unseated, the
petitioner will not be seated
96
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PUBLIC OFFICIALS
POLITICAL LAW
President/VP
Natural-born Filipino
Yes.
Senator
Congressman
Filipino
Local Officials
35
25
97
23 for governor,
vice-governor,
sangguniang
panlalawigan,
mayor, vice-mayor,
sangguniang
panlungsod
of
highly-urbanize
cities.
UP LAW BOC
PUBLIC OFFICIALS
POLITICAL LAW
21 for mayor or vice
mayor of integrated
component
city,
component city or
municipality.
18 for all other
posts, except
Residence
In the Philippines
not less than 10
years
before
election day.
In the Philippines
not less than 2
years
before
election day.
Of the district in
which he is running
for not less than 1
year before election
day
Where Filed
MTC/MeTC/MCTC
RTC
COMELEC
COMELEC
HRET
SET
SC en banc
20% ALLOCATION
The combined number of all party-list
congressmen shall not exceed 20% of the
total membership of the House of
Representatives, including those elected
under the party-list.
2. 2% THRESHOLD
Only those parties garnering a minimum of
2% of the total votes cast for the party-list
system shall be entitled to one guaranteed
seat each.
3. PROPORTIONAL REPRESENTATION
The additional seats shall be computed in
proportion to their total number of votes.
98
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PUBLIC OFFICIALS
4. 3- SEAT LIMIT
Each party, regardless of the number of
votes it actually obtained, is entitled to a
maximum of 3 seats; one qualifying and 2
additional seats.
In computing the allocation of
additional seats, the continued operation of
the 2% threshold for the distribution of
the additional seats as found in the second
clause of Sec. 11(b) of R.A. 7941 which
provides that those garnering more than
2% of the votes shall be entitled to
additional seats in proportion to their total
number of votes is unconstitutional. The
2% threshold frustrates the attainment of
the permissive ceiling that 20% of the
members of the HR shall consist of partylist representatives. [Banat vs. Comelec ]
POLITICAL LAW
16.
PREMATURE
(2012)
CAMPAIGNING
Effect
99
Quo warranto
in elective office
Eligibility
or
loyalty of the
officer-elect
Court
only
declares
elected official
not
eligible.
Protestant not
declared
as
having been
elected
Quo warranto in
appointive office
Legality of the
appointment
Court determines
who between the
parties is entitled
to take office.
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POLITICAL LAW
POLITICAL LAW
PUBLIC INTERNATIONAL
LAW
100
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I. Concepts
III. Sources
PRIMARY SOURCES
(1) Conventional
International
Law:
International conventions, whether general
or particular, establishing rules expressly
recognized by the contracting states
(Treaties);
(2) Customary International Law: International
custom, as evidence of a general practice
accepted as law;
(3) General Principles of Law: General
principles of law recognized by civilized
nations. [ICJ Statute, art. 38(1)(a)-(c)]
SUBSIDIARY SOURCES
Judicial decisions and teachings of the most
highly qualified publicists of the various nations.
[ICJ Statute, art. 38(1)(d)]
B. JUS COGENS
A preemptory norm which States cannot
derogate or deviate from in their agreements.
(e.g. Prohibition against the use of force)
II. International
National Law
POLITICAL LAW
A. TREATY
Treaty an international agreement concluded
between States in written form and governed by
international law, whether embodied in a single
instrument or in two or more related
instruments and whatever its particular
designation" [Art.2(1), Vienna Convention on the
Law of Treaties (VCLOT)]
and
B. CUSTOMARY
LAW
INTERNATIONAL
101
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a. ELEMENTS:
(1) State Practice
(2) Opinio juris sive necessitatis
B.
MODES
OF
ACQUIRING
TERRITORIAL SOVEREIGNTY
(1)
(2)
(3)
(4)
IV. Subjects
AND
Occupation;
Accession or accretion;
Cession; and
Prescription.
OBJECTIVE
PERSONALITY
POLITICAL LAW
SPECIAL
ON RECOGNITION
An act by which a state acknowledges the
existence of another state, government or
belligerent
community
and
indicates
willingness to deal with the entity as such under
international law. The prevailing view
(Declaratory School) is that recognition is not
essential to statehood.
A. STATES
A.1. Elements of Statehood:
(a) a permanent population;
(b) a defined territory;
(c) government; and
(d) capacity to enter into relations with the
other states [N.B. In Philippine literature,
shortened
as
independence
and
102
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B. INTERNATIONAL ORGANIZATIONS
OF
ALL
C. INDIVIDUALS
Special personality: Individuals may assume the
status of subjects of international law only on
the basis of agreement by states and in specific
context (e.g. under the International Criminal
Court [Rome Statute]), not in accordance with
general or customary international law.
and
OF
COLLECTIVITY
A.
AGENTS
INTERCOURSE
CORPS:
V.
Diplomatic
Consular Law
POLITICAL LAW
DIPLOMATIC
103
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f.
Exceptions:
(1) A real action relating to private immovable
property situated in the territory of the
receiving state, unless he holds it in behalf of
the sending state for the purposes of the
mission.
(2) An action relating to succession in which the
diplomatic agent involved as executor,
administrator, heir or legatee as a private
person and not on behalf of the sending
state.
(3) An action relating to any professional or
commercial activity exercised by the
diplomatic agent in the receiving state
outside his official functions. [Art. 31(1),
VCDR]
B.3.
RIGHT
COMMUNICATION
OF
OFFICIAL
B.4.
IMMUNITY
JURISDICTION
FROM
POLITICAL LAW
LOCAL
i. As to criminal jurisdiction
A diplomatic agent enjoys immunity from
criminal jurisdiction of the receiving State. [Art.
31, VCDR] He may not be arrested, prosecuted,
prosecuted or punished for any offense he may
commit, unless his immunity is waived.
ii. As to civil and administrative jurisdiction
The diplomatic agent also enjoys immunity from
the civil and administrative jurisdiction of the
receiving State, even with respect to his private
life. [Art. 31, VCDR];
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Waiver of Immunities
Diplomatic privileges may be waived. Such
waiver may be made only by the government of
the sending State if it concerns the immunities
of the head of the mission. In other cases, the
waiver may be made either by the government
or by the chief of the mission.
h. RANKS
(1) Consul General: heads several consular districts,
or one exceptionally large consular district
(2) Consul: in charge of a small district or town or
port
(3) Vice Consul: assists the consul
(4) Consular agent: one entrusted with the
performance of certain functions by the consul
i.
B.8. CONSULAR
PRIVILEGES
IMMUNITIES
POLITICAL LAW
AND
105
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VI. Treaties
C. TREATY-MAKING PROCESS
(1)
(2)
(3)
(4)
(5)
A 'treaty' is:
(1) an international agreement
(2) concluded between States
(3) in written form and
(4) governed by international law,
(5) whether embodied in a single instrument or
in two or more related instruments and
(6) whatever its particular designation [Art.2(1),
Vienna Convention on the Law of Treaties or
VCLOT]
Executive
agreements
Treaty
E. RESERVATIONS
Subject matter
(1)
Transitory
effectivity, (2) adjusts
details to carry out
well-established
national policies and
traditions,
(3)
temporary,
(4)
implements treaties,
statutes, policies
Ratification
Requires concurrence
by the two-thirds (2/3)
of the Senate to be
valid and effective
[CONST. art. VII, sec.
21]
NEGOTIATION
ADOPTION
AUTHENTICATION
EXPRESSION OF CONSENT
REGISTRATION
D. DOCTRINE OF TRANSFORMATION
POLITICAL LAW
106
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application).
(12) Jus Cogens Application: Emergence of a new
peremptory norm of general international
law which renders void any existing,
conflicting treaty.
A.1.3.
PRINCIPLE
NATIONALITY
j.
(1)
(2)
(3)
(4)
(5)
(6)
VII. Nationality
Statelessness
POLITICAL LAW
OF
EFFECTIVE
and
l. II. INVOLUNTARY
(1) Forfeiture as a result of some
disqualification or prohibited act
(2) Substitution of one nationality for another
A. NATIONALITY
Nationality the tie that binds and individual to
his state, from which he can claim protection
and whose laws he is obliged to obey. It is
membership in a political community with all its
concomitant rights and obligations.
B. STATELESSNESS
The condition or status of an individual who is
born without any nationality or who loses his
nationality without retaining or acquiring
another.
A.1 ACQUISITION
A.1.1. BY BIRTH
(1) Jus soli nationality of the state where he is
born
(2) Jus sanguinis nationality of his parents
A.1.2. BY NATURALIZATION
A process by which a foreigner acquires,
voluntarily or by operation of law, the
nationality of another state
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A. ELEMENTS
There is an internationally wrongful act of a
state when the conduct consisting of an action
or omission:
(1) Is attributable to the State under
international law; and
(2) Constitutes a breach of an international
obligation of a State. [ASR, art. 2].
B.
CONSEQUENCES
RESPONSIBILITY
STATE
C. FORMS OF REPARATION
(1) Restitution: to re-establish the situation
which existed before the wrongful act was
committed
(2) Compensation: insofar as such damage is
not made good by restitution
(3) Satisfaction: insofar as it cannot be made
good by restitution or compensation; may
consist in an acknowledgement of the
breach, an expression of regret, a formal
apology or another appropriate modality.
OF
DOCTRINE
RESPONSIBILITY
POLITICAL LAW
STATE
A.
PRINCIPLES
JURISDICTION
OF
STATE
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POLITICAL LAW
X. Treatment of Aliens
A.1.
CONDITIONS
ENFORCEMENT
FOR
THE
B. EXTRADITION
The surrender of a person by one state to
another state where he is wanted for
prosecution or, if already convicted, for
punishment. [Cruz]
Basis: Treaty between the state of refuge and
the state of origin.
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A. CLASSIFICATION
(1) First generation rights consist of civil and
political rights;
(2) Second generation rights consist of
economic, social and cultural rights;
(3) Third generation rights consists of the rights
to development, to peace, and to
environment.
B.2. PROCEDURE
1
B. UNIVERSAL DECLARATION OF
HUMAN RIGHTS (UDHR)
The UDHR is the first comprehensive catalogue
of human rights proclaimed by an international
organization. N.B.: The UDHR is not a treaty; as
UN GA Resolution, by itself, it is not obligatory.
C. INTERNATIONAL COVENANT ON
CIVIL AND POLITICAL RIGHTS (ICCPR)
n.
B.3.
AS
DISTINGUISHED
DEPORTATION
FROM
Extradition
Deportation
Effected
at
the
request of another
state
Based on offenses
committed in the state
of origin
Based on
causes
arising in the local
state.
An undesirable alien
may be deported to a
state other than his
own or the state of
origin.
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STATES
[PROSECUTOR V.
(3) WAR
OF
NATIONAL
LIBERATION:
ARMED
EXERCISE
DETERMINATION.
OF
B.
CORE
INTERNATIONAL
OBLIGATIONS UNDER IHL
XII.
International
Humanitarian Law and
Neutrality
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C. PRINCIPLES OF INTERNATIONAL
HUMANITARIAN LAW
C.1. TREATMENT OF CIVILIANS
p. SEE PRINCIPLE OF DISTINCTION,
SUPRA
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B. ARCHIPELAGIC STATES
It is a state made up of wholly one or more
archipelagos. It may include other islands.
(Article 46, UNCLOS)
PROTECTING POWER
A protecting
organization:
power
is
State
or
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an
An archipelago is a group of islands, including
parts of islands, interconnecting waters and
other natural features which are so closely
related that such islands, waters and natural
features form an intrinsic geographical,
economic and political entity, or which
historically have been regarded as such.
B.1.
STRAIGHT
BASELINES
ARCHIPELAGIC
A. BASELINES
The line from which a breadth of the territorial
sea and other maritime zones, such as the
contiguous zone and the exclusive economic
zone is measured. Its purpose is to determine
the starting point to begin measuring maritime
zones boundary of the coastal state.
Two kinds:
(1) Normal baseline, where the territorial sea is
the low-water line along the coast as
marked on large-scale charts officially
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D. TERRITORIAL SEA
These waters stretch up to 12 miles from the
baseline on the seaward direction. They are
subject to the jurisdiction of the coastal state,
which jurisdiction almost approximates that
which is exercised over land territory, except
that the coastal state must respect the rights to
(1) innocent passage and, in the case of certain
straits, to (2) transit passage.
C. INTERNAL WATERS
These are waters of lakes, rivers, and bays
landward of the baseline of the territorial sea.
However, in case of archipelagic states, waters
landward of the baseline other than those rivers,
bays and lakes, are archipelagic waters.
N.B.: Internal waters are treated as part of a
State's land territory, and is subject to the full
exercise of sovereignty. Thus, the coastal state
may designate which waters to open and which
to close to foreign shipping.
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Innocent passage
Transit passage
Pertains
to
navigation of ships
only
Requires
submarines
and
other
underwater
vehicles to navigate
on the surface and
show their flag.
Submarines
are
allowed to navigate
in normal mode
i.e. submerged
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Can be suspended,
but
under
the
condition that it
does
not
discriminate among
foreign ships, and
such suspension is
essential for the
protection of its
security,
and
suspension
is
effective only after
having been duly
published (Article
25, UNCLOS)
Cannot
suspended
In the designation of
sea lanes and traffic
separation schemes,
the coastal state
shall only take into
account
the
recommendations
of the competent
international
organization.
Designation of sea
lanes and traffic
separation schemes
is
subject
to
adoption
by
competent
international
organization upon
the proposal and
agreement of states
bordering
the
straits.
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be
CONTINENTAL MARGIN
The submerged prolongation of the land mass of the
continental state, consisting of the continental shelf
proper, the continental slope, and the continental
rise
RIGHTS
WITH
RESPECT
CONTINENTAL SHELF VS. EEZ
Continental shelf
TO
Exclusive
economic zone
Coastal
state
is
obliged to manage
and conserve living
resources in the EEZ
F. CONTINENTAL SHELF
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Have to do with
natural resources of
both waters super
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seabed
subsoil
and
adjacent
to
the
seabed and those of
the
seabed
and
subsoil
Do not pertain
sedentary species
to
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A. MADRID PROTOCOL
The Protocol Relating to the Madrid Agreement
Concerning the International Registration of
Marks, or The Madrid Protocol is one of two
treaties comprising the Madrid System for
international registration of trademarks and it
deals more with the procedure for filing than
with substantive rights. It provides for the filing
of one application with a single office, in one
language, with one set of fees, in one currency.
OF
SUBSTANTIVE PROVISIONS
National Treatment: requires that each member
state grant the same quality and quantity of
protection to eligible foreigners as it grants to
its own nationals in respect to the intellectual
property enumerated in the Convention.
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developed
countries
acknowledge
the
responsibility that they bear in the international
pursuit to sustainable development in view of
the pressures their societies place on the global
environment and of the technologies and
financial resources they command.
XV. International
Environmental Law
The branch of public international law
comprising those substantive, procedural, and
institutional rules which have as their primary
objective the protection of the environment
XV. International
Economic Law
BASIC PRINCIPLES
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