Nachura Notes Complete

Nachura Notes Constitutional Law
I. GENERAL PRINCIPLES
A. Political Law branch of public law
which deals with the organization and
operations of the governmental organs of the
State and defines the relations of the State
with the inhabitants of its territory.
. Scope!"ivision
#. Constitutional Law study of the
maintenance of the proper balance between
authority as represented by the $ inherent
powers of the State and liberty as guaranteed
by the ill of %ights
&. Administrative Law 'i(es the
organization of the government)
"etermines the competence of the
administrative authorities who e(ecute the
law) and
*ndicates to the individuals remedies for
the violation of his right.
$. Law on +unicipal Corporations
,. Law of Public -fficers
.. /lection Law
C. asis of the Study
#. #0$. and #01$ Constitution
&. #023 Constitution
$. -ther organic laws made to apply in the
Philippines
,. Statutes4 /-s and decrees4 5udicial
decisions
.. 6S Constitution
II. THE PHILIPPINE CONSTITUTION
A. Nature of the Constitution
#. "efinition
a. 7he body of rules and ma(ims in
accordance with which the powers of
sovereignty are habitually e(ercised.
b. 7hat written instrument enacted by the
direct action of the people4
by which the fundamental powers of the
government are established4 limited and
defined)
and by which those powers are
distributed among several departments for
their safe and useful e(ercise for the
benefit of the body politic.
&. Purpose
a. Prescribe permanent rame!or" of a
system of government)
b. Assign to se#era$ departments their
respective powers and duties
c. /stablish certain irst princip$es on
which the government is founded
$. Classification
a. 8ritten precepts are embodied in one
document! set of documents
6nwritten rules which have not been
integrated into a single4 concrete form
but are scattered in various sources 9statutes4
5udicial decisions4 commentaries4
customs and traditions4 common law
principles:.
b. /nacted 9Conventional: formally
struc; off at a definite time and place
following a conscious or deliberate effort
ta;en by a constituent body or ruler.
/volved 9Cumulative: result of
political evolution4 changing by
accretion rather than by any systematic
method.
c. %igid amended only by formal and
usually difficult process
'le(ible changed by ordinary
legislation
,. <ualities of a good written Constitution
a. road comprehensive enough to
provide for every contingency
b. rief confine to basic principles to be
implemented
c. "efinite to prevent ambiguity
.. /ssential parts of a good written
Constitution
a. Constitution of Liberty sets forth the
civil and political rights of the citizens and
imposing limitations on the powers of the
government
b. Constitution of =overnment outlines
the organization of the government)
#
enumerates its powers) and lay down rules
relative to its administration
c. Constitution of Sovereignty points out
the mode or procedure in accordance with
formal changes in the fundamental law may
be brought about
3. *nterpretation!Construction of the
Constitution
a. >erba legis? given their ordinary
meaning e(cept where technical terms are
employed
b. %atio legis et anima? ambiguity intent
of the framers4 bearing in mind the ob5ects
sought to be accomplished and evils sought
to be prevented) doubtful provision shall be
e(amined in light of the history of the times
and the conditions and circumstances under
which the Constitution was framed
c. 6t magis valeat @uam pereat?
Constitution to be interpreted as a whole
A Safer to construe the Constitution from
what Bappears upon its face.C *f4 however4
the plain meaning of the word is not found
to be clear4 resort to other aids is available.
A *n case of doubt4 consider provisions as
selfAe(ecuting) mandatory rather than
directory) and prospective rather than
retroactive.
A SelfAe(ecuting provisions? one that lays
down principle is usually not selfAe(ecuting.
7hat which is complete in itself and
becomes operative without the aid of
supplementary or enabling legislation4 or
that which supplies a sufficient rule by
means of which the right it grants may be
en5oyed or protected4 is selfAe(ecuting.
A SelfAe(ecuting if the nature and e(tent of
the right conferred and liability imposed are
fi(ed by the Constitution itself.
A Section &34 Article ** of the Constitution
does N-7 contain 5udicially enforceable
constitutional rights.
. rief Constitutional Distory
#. +alolos Constitution
&. American %egime and -ther -rganic
Acts
$. #0$. Constitution
,. Eapanese -ccupation
.. #01$ Constitution
3. #021 Constitution
C. Amendment
#. Amendment isolated or piecemeal
change in the Constitution
%evision revamp or rewriting of the
entire instrument
&. Legislative Power merely provides
details for implementation
$. Steps
a. Proposal
A Congress4 F of ALL its membersG
understood as F of Senate and F of D%s
A Constit%tiona$ Con#ention4 called into
e(istence by &!$ a vote of all the members of
Congress with the @uestion of whether or
not to call a convention to be resolved by the
people in a plebiscite
A Peop$e t&ro%g& Po!er o Initiati#e4
petition of at least #&H of the total number
of registered voters4 of which every
legislative district must be represented by at
least $H of the registered voters therein
power of the people to propose amendments
to the Constitution or to propose and enact
legislation through an election called for that
purpose
Limitation' No amendment w!in . years
following the ratification of this Constitution
nor more than once every five years
thereafter.
( s)stems o initiati#e'
9#: *nitiative on the Constitution
9&: *nitiative on Statutes
9$: *nitiative on Local Legislation
A Choice of method of proposal is within
the full discretion of the legislature
A $ 7heories on the position of a
Constitutional Convention visAIAvis the
regular departments of government
9#: 7heory of Conventional Sovereignty
9&: Convention is inferior to other
departments
&
9$: *ndependent of and coAe@ual to the other
departments
b. %atification
A %atified by a ma5ority of the votes cast
in a plebiscite held not earlier than 3J nor
later than 0J days after the approval of the
proposal by Congress or the Constitutional
Convention4 or after the certification by the
C-+/L/C of the sufficiency of the
initiative.
A "octrine or proper submission?
Constitution prescribes the time frame
within which the plebiscite is to be held4
there can no longer be any @uestion on
whether the time given to the people to
determine the merits and demerits of the
proposed amendment is ade@uate.
A Plebiscite may be held on the same day
as a regular election.
A /ntire Constitution must be submitted
for ratification at one plebiscite only.
A 7he people have to be given a Bproper
frame of referenceC in arriving at their
decision.
,. Eudicial %eview of Amendments issue
is whether or not the constitutional
provisions had been followed.
/. 7he Power of Eudicial %eview
#. Eudicial %eview power of the courts to
test the validity of e(ecutive and legislative
acts in light of their conformity with the
Constitution.
A Power is inherent in the Constitution.
A Section #4 Article >** of the
Constitution? Eudicial power includes the
duty of the courts of 5ustice to settle actual
controversies involving rights which are
legally demandable and enforceable4 and to
determine whether or not there has been a
grave abuse of discretion amounting to lac;
or e(cess of 5urisdiction on the part of any
branch or instrumentality of =overnment.
&. 8ho may e(ercise
A Power of the SC to decide constitutional
@uestions.
A Constitutional appellate 5urisdiction of
the SC and implicitly recognizes the
authority of lower courts to decide @uestions
involving the constitutionality of laws4
treaties4 agreements4 etc.
A Notice to Sol=en is mandatory to enable
him to decide whether or not his
intervention in the action is necessary.
$. 'unctions of Eudicial %eview
9#: Chec;ing
9&: Legitimizing
9$: Symbolic
,. %e@uisites
9#: Actual case or controversy
9&: Constitutional @uestion must be raised
by the proper party
A A partyKs standing in court is a
procedural technicality which may be set
aside by the Court in view of the importance
of the issues involved) paramount public
interest!transcendental importance
A BPresent substantial interestC such
interest of a party in the sub5ect matter of the
action as will entitle him under substantive
law4 to recover of the evidence is sufficient4
or that he has a legal title to defend and the
defendant will be protected in payment to or
recovery from him.
A A ta(payer4 or group of ta(payers4 is a
proper party to @uestion the validity of a law
appropriating public funds.
A & %e@uisites for 7a(payerKs Suit?
9#: Public funds are disbursed by a political
subdivision or instrumentality
9&: A law is violated or irregularity is
committed
9$: Petitioner is directly affected by the ultra
vires act
A 7he =overnment is a proper party to
@uestion the validity of its own laws4
because more than any one4 it should be
concerned with the constitutionality of its
acts
$
7he established rule is that a party can
@uestion the validity of a statute only if4 as
applied to him4 it is unconstitutional.
/(ception? 'acial Challenge4 when it
operates in the area of freedom of
e(pression.
-verbreadth "octrine? permits a party to
challenge the validity of a statute even
though4 as applied to him4 it is not
unconstitutional4 but it might be if applied to
other not before the Court whose activities
are constitutionally protected.
*nvalidation of the statute Bon its faceC4
rather than Bas appliedC is permitted in the
interest of preventing a Bchilling effectC on
freedom of e(pression.
'acial challenge is the most difficult
challenge because the challenge must
establish that no set of circumstances e(ists
under which the act would be valid.
A 7he constitutional @uestion must be
raised at the earliest possible opportunity
A 7he decision on the constitutional
@uestion must be determinative of the case
itself.
A ars 5udicial in@uiry into a constitutional
@uestion unless the resolution is
indispensable to the determination of the
case.
A /very law has in its favor the
presumption of constitutionality4 and to
5ustify its nullification4 there must be a clear
and une@uivocal breach of the Constitution.
.. /ffects of "eclaration of
6nconstitutionality
A -rthodo( >iew? unconstitutional act is
not a law4 it confers no rights and imposes
no duties) it affords no protection4 creates no
office) it is inoperative as if it had not been
passed at all.
A +odern >iew? certain legal effects of the
statute prior to its declaration of
unconstitutionality may be recognized.
3. Partial 6nconstitutionality
A Legislature must be willing to retain the
valid portions separability clause
A >alid portion can stand independently as
law
III. THE PHILIPPINES AS A STATE
State? a community of persons4 more or less
numerous4 permanently occupying a definite
portion of territory4 independent of e(ternal
control and possessing a government to
which a great body of inhabitants render
habitual obedience.
State is a legal or 5uristic concept) nation is
an ethnic or racial concept.
=overnment is an instrumentality of the
State through which the will of the State is
implemented and realized.
/lements?
9#: People
9&: 7erritory
Components?
#: 7errestrial
&: 'luvial
$: +aritime
,: Aerial
9$: =overnment
9,: Sovereignty
Archipelago "octrine? the waters around4
between and connecting the islands of the
archipelago4 regardless of their breadth and
dimensions4 form part of the internal waters
of the Philippines.
Straight aseline +ethod? *maginary
straight lines are drawn 5oining the
outermost points of outermost islands of the
archipelago4 enclosing an area the ratio of
which should not be more than 0?#) provided
that the drawing of the baselines shall not
depart4 to any appreciable e(tent4 from the
general configuration of the archipelago.
'unctions of the =overnment?
,
9#: Constituent mandatory for the
=overnment to perform because they
constitute the very bonds of society
9&: +inistrant intended to promote the
welfare4 progress and prosperity of the
people and which are merely optional for
=overnment to perform
"octrine of Parens Patriae? parents of the
people) the =overnment may act as guardian
of the rights of the people who may be
disadvantaged or suffering from some
disability or misfortune.
Classification
9#: "e 5ure
"e facto Linds
#: 7a;es possession or control of4 or
usurps4 by force or by the voice of the
ma5ority4 the rightful legal government and
maintains itself against the will of the latter)
&: /stablished by the inhabitants of a
territory who rise in insurrection against the
parent state) and
$: /stablished by invading forces of an
enemy who occupy a territory in the course
of war 9de facto government of paramount
force:.
9&: Presidential separation of e(ecutive
and legislative powers
Parliamentary fusion of both e(ecutive
and legislative in Parliament) actual
e(ercise of e(ecutive powers is vested in
a Prime +inister who is chosen by4 and
accountable to the Parliament
9$: 6nitary
'ederal
Sovereignty? supreme and uncontrollable
power inherent in a State by which that State
is governed
Linds?
#: Legal power to issue final commands
Political sum total of all the influences
which lie behind the law
&: *nternal supreme power over
everything within the territory
/(ternal!*ndependence freedom from
e(ternal control
Characteristics?
#: Permanence
&: /(clusiveness
$: Comprehensiveness
,: Absoluteness
.: *ndivisibility
3: *nalienability
1: *mprescriptibility
/ffects of Change in Sovereignty?
Political laws are abrogated) municipal laws
remain in force
/ffects of elligerent -ccupation? No
change in sovereignty.
Political laws4 e(cept the law on treason4
are suspended)
+unicipal laws remain in force unless
repealed by belligerent occupant)
At the end of belligerent occupation4
political laws shall automatically become
effective again 9doctrine of 5us
postliminium:
"ominium capacity to ac@uire or own
property
*mperium authority possessed by the
State embraced in the concept of
sovereignty
Eurisdiction
7erritorial? power of the State over
persons and things within its territory.
/(emption?
9#: 'oreign states4 head of states4 diplomatic
representatives and consuls to a certain
degree)
9&: 'oreign state property4 including
embassies4 consulates and public vessels
engaged in nonAcommercial activities)
9$: Acts of state
.
9,: 'oreign merchant vessels e(ercising the
rights of innocent passage or involuntary
entry such as arrival under stress
9.: 'oreign armies passing through or
stationed in its territory with its permission)
and
93: -ther persons or property4 including
organizations li;e the 6N4 over which it
may4 by agreement4 waive 5urisdiction.
Personal? power of the State over its
nationals4 which may be e(ercised by the
State even of the individual is outside the
territory of the State.
/(traterritorial? power e(ercised by
the State beyond its territory4
e(ample?
9#: Assertion of its personal 5urisdiction
over its nationals abroad or the e(ercise of
its right to punish offenses committed
outside its territory against its national
interests even if the offenders are nonA
resident aliens)
9&: y virtue of its relations with other
states!territories 9as when it establishes a
colonial protectorate or a condominium or
administers a trust territory or occupies
enemy territory in the course of war:)
9$: Local state waives 5urisdiction over
persons and things within its territory)
9,: Principle of e(traterritoriality
9.: /n5oyment of easements or servitudes
9easement of innocent passage or arrival
under stress:
93: /(ercise of 5urisdiction by the state in
the high seas over its vessels4 over pirates4 in
the e(ercise of the right to visit and search4
and under doctrine or hot pursuit)
91: /(ercise of limited 5urisdiction over the
contiguous zone and the patrimonial sea4 to
prevent infringement of its customs4 fiscal4
immigration or sanitary regulations.
State *mmunity from Suit? 7he State cannot
be sued without its consent.
%oyal Prerogative of "ishonesty? 7here
can be no legal right against the authority
which ma;es the law on which the right
depends. *t may be sued if its gives consent.
Par in parem non habet imperium?
*mmunity is en5oyed by other States. 7he
Dead of the State4 who is deemed the
personification of the State4 is inviolable and
en5oys immunity.
7est to "etermine if Suit is Against the State
8hether it re@uires an affirmative act
from the state.
Suit against =overnment Agencies
#. *ncorporated if the charter provides
that the agency can sue and be sued4 then
suit will lie4 including one for tort. 7he
provision in the charter constitutes e(press
consent on the part of the State to be sued.
+unicipal corporations4 agencies of the
state when they are engaged in
governmental functions and should en5oy
sovereign immunity from suit. 7hey are
sub5ect to suit even in the performance of
such functions because their respective
charters provide that they can sue and be
sued. 9Section && L=C:
&. 6nincorporated in@uire into the
principal functions
*f governmental? no suit without consent
*f proprietary? suit will lie4 because when
the State engages in principally proprietary
functions4 then it descends to the level of a
private individual4 and may therefore be
vulnerable to suit.
Suit Against Public -fficers? 7he doctrine of
state immunity also applies to complaints
filed against officials of the State for acts
performed by them in the discharge of their
duties within the scope of their authority.
/(ceptions? 9may be sued without prior
consent from State:
#. to compel him to do an act re@uired by
law)
3
&. to restrain him from enforcing an act
claimed to be unconstitutional)
$. to compel the payment of damages from
an already appropriated assurance fund or to
refund ta( overApayments from a fund
already available for the purpose)
,. to secure a 5udgment that the officer
impleaded may satisfy by himself without
the State having to do a positive act to assist
him)
.. where government itself has violated its
own laws4 because the doctrine of state
immunity Bcannot be used to perpetrate an
in5usticeC
8here a public officer has committed an
ultra vires act4 or there is a showing of bad
faith4 malice or gross negligence4 then the
officer can be held personally accountable.
*n order that suit may lie against the state4
there must be consent. 8here no consent is
shown4 state immunity from suit may be
invo;ed as a defense by the courts sua
sponte at any stage of the proceedings.
/(press consent? general law or special
law
*mplied consent
#. state commences a litigation
&. state enters into a business contract
Scope of consent? consent to be sued does
not include consent to the e(ecution of
5udgment against it. Such e(ecution will
re@uire another waiver.
Suability is not e@uated with outright
liability. Liability will have to be determined
by the court on the basis of the evidence and
the applicable law.
I*. +UN,A-ENTAL PO.ERS O+ THE
STATE
*nherent powers of the State
#. Police Power
&. /minent "omain
$. Power of 7a(ation
Similarities
#. inherent in the state4 without need of
e(press constitutional grant
&. necessary and indispensable
$. methods by which the state interferes
with private property
,. presupposes e@uivalent compensation
.. e(ercised primarily by legislature
"istinctions
#. Police power regulates liberty and
property
/minent domain and ta(ation affects
only property rights
&. Police power and ta(ation are e(ercised
only by government
/minent domain may be e(ercised by
private entities
$. Property ta;en in police power is usually
no(ious or intended for no(ious purposes
and may be destroyed
*n eminent domain and ta(ation4 the
property is wholesome and devoted to public
use!purpose.
,. Compensation in police power is the
intangible4 altruistic feeling that the
individual has contributed to the public
good)
*n eminent domain4 it is the full and fair
e@uivalent of the property ta;en)
*n ta(ation4 it is the protection given
and!or public improvements instituted by
government for ta(es paid.
Limitations
#. ill of %ights
&. Courts may annul improvident e(ercise
of police power
Police Power
Power of promoting public welfare by
restraining and regulating the use of liberty
and property.
1
+ost pervasive4 least limitable and most
demanding of the three powers.
Eustification? salus populi est suprema
le( and sic utere tuo ut alienum non laedas
8ho may e(erciseM
*nherently vested in Legislature
Congress may validly delegate this
power to the President4 administrative
bodies and to lawma;ing bodies of L=6s.
L=6s e(ercise this power under the
general welfare clause
Limitations 9test for valid e(ercise:
Lawful sub5ect? interest of the public)
activity or property sought to be regulated
affects the general welfare) if it does then
the en5oyment of the rights flowing
therefrom may have to yield to the interest
of the greater number.
Lawful means? means employed are
reasonably necessary for the
accomplishment of the purpose and not
unduly oppressive on individuals.
/(press grant by law
8ithin territorial limits 9for L=6s
e(cept when e(ercised to protect water
supply:
+ust not be contrary to law
'or +unicipal -rdinances to be >alid?
9#: +ust not contravene the Constitution or
the statute
9&: +ust not be unfair or oppressive
9$: +ust not be partial or discriminatory
9,: +ust not prohibit but may regulate trade
9.: +ust not be unreasonable
93: +ust be general in application and
consistent with public policy
Power of /minent "omain 9Power of
/(propriation:
Eurisdiction
%7C
8ho may e(ercise the power
Congress
y delegation4 the President4
administrative bodies4 L=6s and even
private enterprises performing public
services
%e@uisites
9#: Necessity
9&: Private Property4 e(cept money and
choses in action
9$: 7a;ing in the constitutional sense
9,: Public use
9.: Eust Compensation full and fair
e@uivalent of the property ta;en) fair mar;et
value of the property
Eudicial Prerogative
Ascertainment of what constitutes 5ust
compensation for property ta;en in eminent
domain cases is a 5udicial prerogative.
'orm of Compensation
Paid in money and no other form.
*n agrarian reform4 payment is allowed
to be made partly in bonds because under
the CA%P4 Bwe do not deal with the
traditional e(ercise of the power of eminent
domain) we deal with a revolutionary ;ind
of e(propriation.C
%ec;oning point of mar;et value of the
property
"ate of the ta;ing or the filing of the
complaint4 whichever comes first.
Principal criterion in determining 5ust
compensation
Character of the land at the time of the
ta;ing
/ntitlement of owner to interest
8hen there is delay in the payment of
5ust compensation4 the owner is entitled to
payment of interest if claimed) otherwise4
interest is deemed waived)
2
*nterest is 3H per annum4 prescribed in
Article &&J0 of the CC4 N-7 #&H per
annum under Central an; Circular No.
,#34 latter applies to loans or forbearances
of money4 goods or credits or 5udgments
involving such loans or forbearance of
money4 goods or credits. 7he ;ind of interest
here is by way of damages.
*n some e(propriation cases4 the court
imposes #&H damages for delay in
payment which4 in effect4 ma;es the
obligation on the part of government one of
forbearance.
8ho else may be entitled to 5ust
compensation
-wner
7hose who have lawful interest
7itle to the property
"oes not pass until after payment
%ight of landowner in case of nonA
payment of 5ust compensation
"oes not entitle to recover possession of
the e(propriated lots
-nly to demand payment of the '+> of
the property
"ue process of law
"efendant must be given an opportunity
to be heard
8rit of Possession4 ministerial upon?
9#: 'iling of complaint for e(propriation
sufficient in form and substance
9&: 6pon deposit by the government of the
amount e@uivalent to #.H of the '+> of
the property per current ta( declaration
7he plaintiffKs right to dismiss the
complaint has always been sub5ect to Court
approval and to certain conditions4
because the landowner may have already
suffered damages at the start of the
ta;ing.
%ight to repurchase or reAac@uire the
property
Property ownerKs right to repurchase the
property depends upon the character of the
title ac@uired by the e(propriator? if land is
e(propriated for a particular purpose with
the condition that when that purpose is
ended or abandoned4 the property shall
revert to the former owner4 the former owner
can reAac@uire the property.
Lands for socialized housing are to be
ac@uired in the following order?
9#: =overnment lands
9&: Alienable lands of the public domain
9$: 6nregistered4 abandoned or idle lands)
9,: Lands within the declared Areas for
Priority "evelopment4 Nonal *mprovement
Program sites4 Slum *mprovement and
%esettlement sites which have not yet been
ac@uired)
9.: L*SS sites which have not yet been
ac@uired) and
93: Privately owned lands
7he mode of e(propriation is sub5ect to &
conditions?
9#: %esorted to only when the other modes
of ac@uisition have been e(hausted
9&: Parcels owned by small property owners
are e(empt from such ac@uisition
Small property owners?
9#: -wners of residential lots not more than
$JJ s@. m. in highly urbanized cities and not
more than 2JJ s@. m. in other urban areas
9&: 7hey do not own residential property
other than the same
Power of 7a(ation
8ho may e(ercise
Legislature
Local legislative bodies
0
7o a limited e(tent4 the President4 when
granted delegated tariff powers
Limitations on the e(ercise
"ue process of law4 must not be
confiscatory
/@ual protection clause4 must be uniform
and e@uitable
Public purpose
"ouble ta(ation
Additional ta(es are laid on the same
sub5ect by the same ta(ing 5urisdiction
during the same ta(ing period and for the
same purpose.
7a( /(emptions
No law granting ta( e(emption shall be
passed without the concurrence of a ma5ority
of all the +embers of Congress.
Charitable institutions4 churches and
parsonages or convents appurtenant thereto4
mos@ues4 nonAprofit cemeteries4 and all
lands4 buildings and improvements actually4
directly and e(clusively used for religious4
charitable or educational purposes
e(empt
%evenues and assets of nonAstoc;4 nonA
profit educational institutions used actually4
directly and e(clusively for educational
purposes e(empt
Proprietary educational institutions
may be e(empt sub5ect to limitations
provided by law
=rants4 endowments4 donations4 or
contributions used actually4 directly4 and
e(clusively for educational purposes
e(empt
Police Power vs. 7a(ation
License fee v. 7a( license fee is a
police measure) ta( is revenue measure
Amount collected for a license fee is
limited to the cost of permit and reasonable
police regulation 9e(cept when the license
fee is imposed on a nonAuseful occupation:)
amount of ta( may be unlimited provided it
is not confiscatory
License fee is paid for the privilege of
doing something and may be revo;ed when
public interest so re@uires) ta( is imposed on
persons or property for revenue
Linds of license fee
9#: 'or useful occupation!enterprises
9&: NonAuseful occupation!enterprises 9when
used to discourage4 it may be a bit
e(orbitant:
*. PRINCIPLES AN, STATE POLICES
Preamble
"oes not confer rights nor impose duties
*ndicates authorship of the Constitution
/numerates the primary aims and
aspirations of the framers
Serves as an aid in the construction of
the Constitution
%epublicanism
7he Philippines is a democratic and
republican state. Sovereignty resides in the
people and all government authority
emanates from them.
/ssential features
9#: %epresentation
9&: %enovation
+anifestations
9#: =overnment of law and not of men
9&: %ule of ma5ority
9$: Accountability of public officials
9,: ill of rights
9.: Legislature cannot pass irrepealable laws
93: Separation of powers
Purpose
7o prevent concentration of authority in
one person or group of persons that might
lead to an irreversible error or abuse in its
e(ercise to the detriment of republican
institutions.
#J
Principle of lending of Powers
*nstances when powers are not confined
e(clusively within one department but are
assigned to or shared by several
departments.
Principle of Chec;s and alances
7his allows one department to resist
encroachments upon its prerogatives or to
rectify mista;es or e(cesses committed by
the other departments.
"octrine of Necessary *mplication
Absence of e(press conferment4 the
e(ercise of the power may be 5ustified under
this doctrine4 that the grant of an e(press
power carries with it all other powers that
may be reasonably inferred from it.
A purely 5usticiable @uestion implies a given
right4 legally demandable and enforceable4
an act or omission violative of such right4
and a remedy granted and sanctioned by law
for said breach of right.
Political @uestion is a @uestion of policy. *t
refers to those @uestions which4 under the
Constitution4 are to be decided by the people
in their sovereign capacity4 or in regard to
which full discretionary authority has been
delegated to the legislative or e(ecutive
branch of government. *t is concerned with
issues dependent upon wisdom4 not legality
of particular measure.
"elegation of powers
Potestas delegate non potest delegare
"elegated power constitutes not only a
right but a duty to be performed by the
delegate through the instrumentality of his
own 5udgment and not through the
intervening mind of another.
Permissible delegation
9#: 7ariff powers to the president
9&: /mergency powers to the president 9in
times of war or national emergency:
9$: "elegation to the people specific
provisions where the people have reserved
to themselves the function of legislation
%eferendum? power of the electorate to
approve or re5ect legislation through an
election called for the purpose) referendum
on statutes and referendum on local law
Plebiscite? electoral process by which an
initiative on the Constitution is approved or
re5ected by the people.
9,: "elegation to L=6s
9.: "elegation to Administrative odies
power of subordinate legislation
7ests for valid delegation
9#: Completeness test? the law must be
complete in all its essential terms and
conditions when it leaves the legislature so
that there will be nothing left for the
delegate to do when it reaches him e(cept to
enforce it.
9&: Sufficient standard test? intended to map
out the boundaries of the delegatesK
authority by defining the legislative policy
and indicting the circumstances under which
it is up be pursued and effected) the
standards usually indicated in the law
delegating legislative power.
7he *ncorporation Clause
7he Philippines renounces war as an
instrument of national policy4 adopts the
generally accepted principles of
international law as part of the law of the
land4 and adheres to the police of peace4
e@uality4 5ustice4 freedom4 cooperation and
amity with all nations.
*ndependent foreign policy and nuclearA
free Philippines
/(piration of ases Agreement
%enunciation of 8ar
9#: Covenant of the League of Nations
9&: LelloggAriad Pact of #0&2
9$: Charter of the 6nited Nations
##
"octrine of *ncorporation our courts
have applied the rules of international law in
a number of cases even of such rules had not
previously been sub5ect of statutory
enactments4 because these generally
accepted principles of international law are
automatically part of our own laws.
Civilian Supremacy
Civilian authority is4 at all times
supreme over the military. 7he A'P is the
protector of the people and the State. *ts goal
is to secure the sovereignty pf the State and
integrity of the national territory.
"uty of =overnment) people to defend the
State
7he prime duty of the =overnment is to
serve and protect the people.
7he =overnment may call upon the
people to defend the State and4 in the
fulfillment thereof4 all citizens may be
re@uired4 under conditions provided by law4
to render personal military or civil service.
7he maintenance of peace and order4 the
protection of life4 liberty and property4 and
the promotion of the general welfare are
essential for the en5oyment by all the people
of the blessings of democracy.
%ight to ear Arms? statutory4 not
constitutional right.
Separation of Church and State
'reedom of religion clause
%eligious sect cannot be registered as
political party
No sectoral representative from the
religious sector
Prohibition against appropriation for
sectarian benefit
/(ceptions
9#: Section &29$:4 Article 3? /(emption from
ta(ation
9&: Section &09&:4 Article 3? Prohibition
against sectarian benefit4 e(cept when priest
is assigned to the armed forces or to any
penal institution or government orphanage
or leprosarium
9$: Section $9$:4 Article #,? -ptional
religious instruction for public elementary
and high school studies
9,: Section ,9&:4 Article #,? 'ilipino
ownership re@uirement to educational
institutions4 e(cept those established by
groups and mission boards
*ndependent 'oreign Policy and NuclearA
free Philippines
State shall pursue an independent
foreign policy. *n relations with other states4
the paramount consideration shall be
national sovereignty4 territorial integrity4
national interest and the right to selfA
determination.
7he Philippines consistent with the
national interest4 adopts and pursues a policy
of freedom from nuclear weapons in its
territory.
Eust and dynamic social order
State shall promote a 5ust and dynamic
social order that will ensure prosperity and
independence of the nation and free the
people from poverty through policies that
provide ade@uate social services4 promote
full employment4 a rising standard of living
and an improved @uality of life for all.
Promotion of Social Eustice
Promote social 5ustice in all phases of
national development
%espect for human dignity and human rights
State values the dignity of every human
person and guarantees full respect for human
rights.
'amily and Oouth
#&
7he State recognizes the sanctity of
family life and shall protect and strengthen
the family as a basic autonomous social
institution. *t shall e@ually protect the life of
the mother and the life of the unborn from
conception. 7he natural and primary right
and duty of parents in the rearing of the
youth for civic efficiency and the
development of moral character shall
receive support of the =overnment.
7he State recognizes the vital role of the
youth in nationAbuilding and shall promote
and protect their physical4 moral4 spiritual4
intellectual and social wellAbeing. *t shall
inculcate in the youth patriotism and
nationalism4 and encourage their
involvement in public and civic affairs.
'undamental e@uality of men and women
State recognizes the role of women in
nationAbuilding and shall ensure the
fundamental e@uality before the law of men
and women.
Promotion of health and ecology
State shall protect and promote the right
to health of the people and instill health
consciousness among them.
7he State shall protect and advance the
right of the people to a balanced and
healthful ecology in accord with the rhythm
and harmony of nature.
Priority to education4 science4 technology4
etc.
State shall give priority to education4
science and technology4 arts4 culture and
sports4 to foster patriotism and nationalism4
accelerate social progress4 and promote total
human liberation and development.
Protection to Labor
State affirms labor as a primary social
economic force. *t shall protect the rights or
wor;ers and promote their welfare.
SelfAreliant and independent economic order
State shall develop a selfAreliant and
independent national economy effectively
controlled by 'ilipinos.
7he State recognizes the indispensable
role of the private sector4 encourages private
enterprise4 and provide incentives to needed
investments.
Land reform
State shall promote comprehensive rural
development and agrarian reform.
*ndigenous cultural communities
State recognizes and promotes the rights
of indigenous cultural communities within
the framewor; of national unity and
development.
*ndependent peopleKs organizations
State shall encourage nonAgovernmental4
communityAbased4 or sectoral organizations
that promote the welfare of the nation.
Communication and information in nationA
building
State recognizes the vital role of
communication and information in nationA
building.
Autonomy of local governments
State shall ensure the autonomy of local
governments.
"ecentralization and does not ma;e the
local governments sovereign within the
State or an imperium in imperio.
"ecentralization of administration?
delegation of administrative powers to the
L=6 in order to broaden the base of
governmental powers.
"ecentralization of power? abdication by
the national government of governmental
powers.
/@ual access of opportunities for public
service
#$
State shall guarantee e@ual access of
opportunities for public service and prohibit
political dynasties as may be defined by law.
Donest public service and full public
disclosure
State shall maintain honesty and
integrity in the public service and ta;e
positive and effective measures against graft
and corruption.
State adopts and implements a policy of
full public disclosure of all its transactions
involving public interest.
*I. /ILL O+ RIGHTS
"efinition
Set of prescriptions setting forth the
fundamental civil and political rights of the
individual4 and imposing limitations on the
powers of government.
=enerally4 any government action in
violation of the ill of %ights is void.
=enerally selfAe(ecuting.
Civil %ights
%ight that belong to every citizen of the
state or country and are not connected with
the organization or administration of
government.
Political %ights
%ight to participate4 directly or
indirectly4 in the establishment or
administration of government.
"ue Process of Law? No person shall be
deprived of life4 liberty or property without
due process of law
"efinition
A law which hears before it condemns4
which proceeds upon in@uiry and renders
5udgment only after trial.
8ho are protected
6niversal in application to all persons
Artificial persons are covered by the
protection only insofar as their property is
concerned
=uarantee e(tends to aliens and includes
the means of livelihood
+eaning of life4 liberty and property
Life? right of an individual to his body in
its completeness4 free from dismemberment
and e(tends to the use of =odAgiven
faculties which ma;es life en5oyable
Liberty? the right to e(ist and the right to
be free from arbitrary personal restraint or
servitude) includes the right to be free to use
his faculties in all lawful ways
Property? anything that can come under
the right of ownership and can be sub5ect of
contract) the right to secure4 use and dispose
them.
Aspects of due process
#. Substantive restriction on
governmentKs lawA and ruleAma;ing powers
%e@uisites?
#. interest of the public
&. means employed are reasonably
necessary for the accomplishment of the
purpose and not unduly oppressive on
individuals
&. Procedural restriction on actions of
5udicial and @uasiA5udicial agencies of
government
%e@uisites?
#. impartial court or tribunal clothed with
5udicial power to hear and determine the
matter before it
&. 5urisdiction must be lawfully ac@uired
over the person of the defendant and over
the property which is the sub5ect matter of
the proceeding
$. the defendant must be given an
opportunity to be heard
,. 5udgment must be rendered upon lawful
hearing
Publication as part of due process
#,
Publication is imperative to the validity
of laws4 P"s and /os4 administrative rules
and regulation and is an indispensable part
of due process.
Appeal and due process
Appeal is not a natural right nor is it part
of due process) it may be allowed or denied
by legislature in its discretion.
ut where the Constitution gives a
person the right to appeal4 denial of such
constitutes a violation of due process.
Preliminary investigation and due
process
%ight to preliminary investigation is not
a constitutional right4 but it is merely a right
conferred by statute.
ut where there is a statutory grant of
the right to preliminary investigation4 denial
of such constitutes a violation of due
process.
Administrative due process
%e@uisites
9#: %ight to a hearing4 includes the right to
present oneKs case and submit evidence in
support thereof)
9&: 7ribunal must consider the evidence
presented)
9$: "ecision must have something to
support itself)
9,: /vidence must be substantial)
9.: "ecision must be rendered on the
evidence presented or at least contained in
the records and disclosed to the parties)
93: 7ribunal or any of its 5udges must act on
its own or his own independent
consideration of the facts and the law of the
controversy4 and not simply accept the views
of a subordinate in arriving at a decision)
and
91: 7he board or body should4 in all
controversial @uestions4 render its decision
in such a manner that the parties to the
proceeding will ;now the various issues
involved4 and the reason for the decision.
/@ual Protection of the Laws
+eaning
All persons or things similarly situated
should be treated ali;e4 both as to rights
conferred and responsibilities imposed.
Natural and 5uridical persons are entitled
to this guarantee.
8ith respect to 5uridical persons4 they
en5oy the protection only insofar as their
property is concerned.
Scope of /@uality
/conomic
9#: 'ree access to courts
9&: +arine wealth reserved for 'ilipino
citizens
9$: %eduction of social4 economic and
political ine@ualities
Political
9#: 'ree access to courts
9&: ona fide candidates being free from
harassment!discrimination
9$: %eduction of social4 economic and
political ine@ualities
Social
>alid Classification
9#: Substantial distinctions
9&: =ermane to the purpose of the law
9$: Not limited to e(isting conditions only
9,: +ust apply e@ually to all members of the
same class
Searches and Seizures
Scope
Available to all persons4 including
aliens4 whether accused of a crime or not.
Artificial persons are also entitled to the
guarantee4 although they may be re@uired to
open their boo;s of accounts for
e(amination by the State in the e(ercise of
police and ta(ing powers.
%ight is personal
#.
-b5ection must be raised before the
accused enters his plea
Procedural %ules
#. warrantless arrest is not a 5urisdictional
defect and any ob5ection thereto is waived
when the person arrested submits to
arraignment without any ob5ection)
&. where a criminal case is pending4 the
Court wherein it is filed4 or the assigned
branch4 has primary 5urisdiction to issue the
search warrant)
$. where no criminal case has been filed4
the e(ecutive 5udges or their lawful
substitutes4 in the areas and for the offense
contemplated shall have primary
5urisdiction)
,. moment the information is filed with the
%7C4 it is that court which must issue the
warrant of arrest)
.. the 5udge may order the @uashal of a
warrant he issued even after the same had
already been implemented4 particularly
when such @uashal is based on the finding
that there is no offense committed items
seized shall be inadmissible in evidence
-nly a 5udge may issue a warrant
/(ception? order of arrest may be issued
by administrative authorities but only for the
purpose of carrying out a final finding of a
violation of law4 e.g. an order of deportation
or an order of contempt but not for the sole
purpose of investigation or prosecution.
%e@uisites for a >alid 8arrant
9#: Probable cause
9&: "etermination of probable cause
personally by the 5udge
9$: After e(amination under oath or
affirmation of the complainant and the
witnesses he may produce
9,: Particularity of description
7he 5udge shall
9#: Personally evaluate the report and the
supporting documents submitted by the
fiscal regarding the e(istence of probable
cause and4 on the basis thereof4 issue a
warrant of arrest) or
9&: *f on the basis thereof4 he finds no
probable cause4 he may disregard the
prosecutorKs report band re@uire the
submission of supporting affidavits of
witnesses.
Principles?
9#: 7he determination of probable cause is a
function of the 5udge
9&: 7he preliminary in@uiry made by the
prosecutor does not bind the 5udge4 as it is
the report4 affidavits4 the transcript of
stenographic notes and all other supporting
documents behind the prosecutorKs
certification which are material in assisting
the 5udge in his determination of probable
cause
9$: Eudges and prosecutors should
distinguish the preliminary in@uiry which
determines probable cause for the issuance
of the warrant of arrest from the preliminary
investigation proper which ascertains
whether the offender should be held for trial
or be released
9,: -nly a 5udge may issue a warrant of
arrest
Eudge himself conducts the preliminary
investigation4 for him to issue a warrant of
arrest4 the investigating 5udge must?
9#: Dave e(amined4 under oath4 the
complainant and the witnesses)
9&: e satisfied that there is probable cause)
and
9$: 7hat there is a need to place the
respondent under immediate custody in
order not to frustrate the ends of 5ustice
Particularity of "escription?
#3
9#: %eadily identify the properties to be
seized and thus prevent them from seizing
the wrong items) and
9&: Leave peace officers with no discretion
regarding the articles to be seized and thus
prevent unreasonable searches and seizures.
8arrant of Arrest particularly describe
the person to be seized if it contains the
name!s of the person!s to be seized.
Eohn "oe warrant descriptio persona
Search 8arrant description is as speciic
as t&e circ%mstances !i$$ ordinari$) a$$o!
or when description e(presses a conclusion
of fact 9not of law: by which the warrant
officer may be guided in ma;ing the search)
or when the things described are limited to
those which bear direct relation to the
offense for which the warrant is being
issued.
Properties Sub5ect of Seizure?
9#: Sub5ect of the offense
9&: Stolen or embezzled property and other
proceeds or fruits of the offense) and
9$: Property used or intended to be used as
means for the commission of an offense
Conduct of the Search
9#: Lawful occupant
9&: Any member of his family
9$: & witnesses4 of sufficient age and
discretion4 residing in the same locality
8arrantless arrests by a peace officer or a
private person?
9#: 8hen the person to be arrested has
committed4 is actually committing or is
attempting to commit an offense in his
presence)
9&: 8hen the offense had 5ust been
committed and there is probable cause to
believe4 based on his personal ;nowledge of
facts and of other circumstances4 that the
person to be arrested has committed the
offense)
9$: 8hen the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is serving
final 5udgment or temporarily confined
while his case is pending4 or has escaped
while being transferred from one
confinement to another) and
9,: 8hen the right is voluntarily waived.
uyAbust operation is a valid in flagrante
arrest.
*n flagrante arrests?
9#: 7he person to be arrested must e(ecute
an overt act indicating that he had 5ust
committed4 is actually committing4 or is
attempting to commit a crime) and
9&: Such overt act is done in the presence or
within the view of the arresting officer.
*n 9&:?
9#: there must be immediacy between the
time the offense is committed and the time
of the arrest. *f there was an appreciable
lapse of time between the arrest and the
commission of the crime4 a warrant of arrest
must be secured and
9&: the person ma;ing the arrest has
personal ;nowledge of certain facts
indicating that the person to be ta;en into
custody has committed the crime.
<uestion the validity of the arrest before
entering plea) failure to do so would
constitute a waiver of his right against
unlawful restraint of his liberty. Dowever4
waiver is limited to the illegal arrest. *t does
not e(tend to the search made as an incident
thereto4 or to the subse@uent seizure if
evidence allegedly found during the search.
#1
>alid 8aiver of Constitutional %ight
9#: %ight e(ists
9&: 7hat the person involved had
;nowledge4 either actual or constructive of
the e(istence of such right) and
9$: 7hat the person had an actual intention
to relin@uish the right.
Searches of Passengers at Airports
A 8hen the accused chec;ed in his
luggage as a passenger of a plane4 he agreed
to the inspection of his luggage in
accordance with customs laws and
regulations4 and thus waived any ob5ection
to a warrantless search.
A Search made pursuant to routine airport
security is allowed under %A 3&$.4 which
provides that every airline tic;et shall
contain a condition that handAcarried
luggage4 etc.4 shall be sub5ect to search4 and
this condition shall form part of the contract
between the passenger and the air carrier.
Stop and 'ris;
A >ernacular designation of the right of a
police officer to stop a citizen on the street4
interrogate him and pat him for weapons
whenever he observes unusual conduct
which leads him to conclude that criminal
activity may be afoot.
A %e@uisites?
#. police officer should properly introduce
himself and ma;e initial in@uiries
&. approach and restrain a person who
manifests unusual and suspicious conduct in
order to chec; the latterKs outer clothing for
possible concealed weapon
$. must have a genuine reason4 in
accordance with e(perience and the
surrounding conditions4 to warrant the belief
that the person to be held has weapons or
contraband concealed about him
,. search and seizure should precede the
arrest
/(ception? People vs. Sucro
warrantless search and seizure can be made
without necessarily being preceded by
an arrest provided that the said search
is effected on the basis of probable cause.
A People vs. Chua Do San?
contemporaneous search of a person arrested
may be effected for dangerous weapons or
proofs or implements used in the
commission of the crime and which search
may e(tend to the area within his immediate
control where he might gain possession of a
weapon or evidence he can destroy4 a valid
arrest must preceded a search.
8here the search 9and seizure: is an incident
to a lawful arrest)
A Search must be contemporaneous to
arrest and made within a permissible area of
search.
A %e@uisites?
#. arresting officer must have probable
cause in effecting the arrest) and
&. probable cause must be based on
reasonable ground of suspicion or belief that
a crime has been committed or is about to be
committed.
8arrantless Searches
9#: 8hen the right is voluntarily waived)
9&: 8hen there is a valid reason to BstopA
andAfris;C)
9$: 8here the search 9and seizure: is an
incident to a lawful arrest)
9,: Search of vessels and aircrafts)
9.: Search of moving vehicles)
93: *nspection of buildings and other
premises for the enforcement of fire4
sanitary and building regulations)
91: 8here prohibited articles are in plain
view)
92: Search and seizure under e(igent and
emergency circumstances) and
90: Conduct of areal target zoning or
saturation drive!s as valid e(ercise of
military powers of the President 9=uanzon
vs. de >illa:
#2
Permissible area of search
A may e(tend beyond the person of the one
arrested to include the premises or
surroundings under his immediate control.
Seizure of allegedly pornographic material
9#: criminal charge must be brought against
the person!s for purveying the pornographic
material!s)
9&: application for a search and seizure
warrant obtained from a 5udge 9who shall
determine the e(istence of probable cause:)
9$: material confiscated brought to the court
in the prosecution of the accused for the
crime charged)
9,: court will determine whether the
confiscated items are really pornographic)
and
9.: 5udgment of ac@uittal or conviction
rendered by the court accordingly
'ishing vessel found to be violating fishery
laws may be seized without a warrant?
9#: usually e@uipped with powerful motors
that enable them to elude pursuit and
9&: seizure would be incident to a lawful
arrest
Search of moving vehicles
A 5ustified on the ground that it is not
practicable to secure a warrant because the
vehicle can be moved @uic;ly out of the
locality or 5urisdiction in which the warrant
may be sought.
A Prevent violations of smuggling or
immigration laws4 provided that such
searches are made at borders or constructive
borders 9e.g. chec;points near the boundary
lines of the state:.
BStop and searchC without a warrant at a
military or police chec;points
A Not illegal per se so long as it is re@uired
by the e(igencies of public order and
conducted in a way least intrusive to
motorists. 9>almonte vs. de >illa:
Chec;point Search
9#: +ere routine inspection? the search is
normally permissible when it is limited to a
mere visual search4 where the occupants are
not sub5ected to a physical or body search.
9&: /(tensive search? constitutionally
permissible if the officers conducting the
search had reasonable or probable cause to
believe4 before the search4 that either the
motorist is a law offender or they will find
the instrumentality or evidence pertaining to
a crime in the vehicle to be searched.
*nspection of buildings and other premises
for the enforcement of fire4 sanitary and
building regulations
A /(ercise of police power of the State
A +ust be conducted during reasonable
hours
Prohibited articles are in plain view
A -b5ects in plain view of the officer who
has the right to be in the position to have
that view.
A Police officer is not searching but
inadvertently comes upon an incriminating
ob5ect.
A %e@uisites?
9#: Prior #a$id intr%sion based on a valid
warrantless arrest in which the police are
legally present in the pursuit of their official
duties)
9&: /vidence was inad#ertent$) disco#ered
by the police who have the right to be where
they are)
9$: /vidence must be immediate$)
apparent) and
9,: BP$ain #ie!C 5ustified the seizure of the
evidence without any further search.
Plain >iew
A -b5ect is plainly e(posed to sight.
A 8here the ob5ect seized is inside a
closed pac;age4 the ob5ect is not in plain
#0
view and4 therefore4 cannot be seized
without a warrant.
A Pac;age proclaims its contents
transparency4 distinctive configuration or
contents are obvious to an observer.
A People vs. Salanguit? once the valid
portion of the search warrant has been
e(ecuted4 the Bplain viewC doctrine can no
longer provide any basis for admitting the
other items subse@uently foundG
9mari5uana was also wrapped in newspaper
which was not transparentG.warrant for
shabu and drug paraphernalia4 found the
shabu first:
A "octrine is not an e(ception to the
warrant. *t serves to supplement the prior
5ustification. *t is a recognition that of the
fact that when e(ecuting police officers
come across immediately incriminating
evidence not covered by the warrant4 they
should not be re@uired to close their eyes to
it4 regardless of whether it is evidence of the
crime they are investigating or evidence of
some other crime. *t would be needless to
re@uire the police to obtain another warrant.
*mmediately apparent test
A "oes not re@uire an unduly high degree
of certainty.
A %e@uires merely that the seizure be
presumptively reasonable assuming that
there is probable cause to associate the
property with criminal activity.
A Ne(us e(ists between the viewed ob5ect
and the criminal activity.
/(clusionary %ule? /vidence obtained in
violation of Section &4 Article $ shall be
inadmissible for any purpose in any
proceeding because it is Bthe fruit of the
poisoned tree.C
A Property illegally seized may be used in
evidence in the case filed against the officer
responsible for the illegal seizure.
Privacy of Communications and
Correspondence
A 7he privacy of communication and
correspondence shall be inviolable /PC/P7
upon lawful order of the court -% when
public safety or order re@uires otherwise as
prescribed by law.
A Any evidence obtained in violation of
this or the preceding section shall be
inadmissible for any purpose in any
proceeding.
*nviolability
A /(ceptions?
9#: Lawful order of the court)
9&: Public safety or order re@uires otherwise4
as may be provided by law.
A *ncludes tangible and intangible ob5ects.
A %A ,&JJ? illegal for any person not
authorized by all the parties to any private
communication4 to secretly record such
communications by means of a tape
recorder. 7elephone e(tension was not
among the devices covered by this law.
'reedom of /(pression
A No law shall be passed abridging the
freedom of speech4 of e(pression nor of the
press4 or the right of the people peaceably to
assemble and petition the government for
redress of grievances.
A Scope? Any and all modes of e(pression.
Aspects?
9#: 'reedom from censorship or prior
restraint
A Need not be total suppression4 even
restriction of circulation constitutes
censorship.
A Section ## 9b:4 %A 33,3
#
? legitimate
e(ercise of the police power of the State to
regulate media or communication and
information for the purpose of ensuring
#
Prohibited any person ma;ing use of the media to
sell or to give free of charge print space or air time
for campaign or other political purposes e(cept to the
C-+/L/C.
&J
e@ual opportunity4 time and space for
political campaigns. 6nrelated to
suppression of speech as it is only incidental
and no more than is necessary to achieve the
purpose of achieving the purpose of
promoting e@uality.
A +ovie censorship? movie4 compared to
other media of e(pression4 have a greater
capacity for evil and must4 therefore4 be
sub5ected to a greater degree of regulation.
A Power of +7%C can be e(ercised only
for purposes of BclassificationC not
censorship.
A Primacy of freedom of e(pression over
/nrileKs Bright to privacyC because /nrile
was a Bpublic figureC and a public figureKs
right to privacy is narrower than that of an
ordinary citizen. 9Ayer Productions vs.
Eudge Capulong:
A oard of %eview for +otion Pictures
and 7elevision 9%+P7: BPAratingC
when the program would create a clear and
present danger of an evil which the State has
the right to prevent. 9*nglesi ni Cristo vs.
CA:
A No law prohibiting the holding and
reporting of e(it poll. 9ASACN
roadcasting Corporation vs. C-+/L/C:
A 7est for the validity of government
regulation4 valid if 9O0/rien Test:?
#. within the constitutional power of
government)
&. furthers an important or substantial
government interest)
$. government interest is unrelated to the
suppression of free e(pression) and
,. incidental restriction on the freedom is
no greater than is essential to the furtherance
of that interest.
A -verbreadth "octrine? prohibits
government from achieving its purpose by
Bmeans that sweep unnecessarily broadly4
reaching constitutionally protected as well
as unprotected activity.C
9&: 'reedom from subse@uent punishment
A 8ithout this assurance4 the individual
would hesitate to spea; for fear that he
might be held accountable for his speech4 or
that he might be provo;ing the vengeance of
the officials he may have criticized.
A Not absolute and may be properly
regulated in the interest of the public.
A State may validly impose penal and!or
administrative sanctions4 such as?
#. Libel
A Public and malicious imputation of a
crime4 or of a vice or defect4 real or
imaginary4 or any act4 omission4 condition4
status or circumstance tending to cause the
dishonor4 discredit or contempt of a natural
or 5uridical person4 or to blac;en the
memory of one who is dead.
A -ral defamation is called slander.
A /very defamatory imputation is
presumed to be malicious.
/(ceptions?
#. a private communication made by any
person to another in the performance of any
legal4 moral or social duty) and
&. fair and true report4 made in good faith4
without any comments or remar;s4 of any
5udicial4 legislative or other official
proceedings which are not of a confidential
nature4 or of any statement4 report or speech
delivered in said proceedings4 or of any act
performed by public officers in the e(ercise
if their functions.
A Public has the right to be informed on
the mental4 moral and physical fitness of
candidates for public officer. 7he rule
applies only to fair comments on matters of
public interest4 fair comment being that
which is true4 or if false4 e(presses the real
opinion of the author based upon reasonable
degree of care and on reasonable grounds.
&. -bscenity
A "etermination of what is obscene is a
5udicial function.
$. Criticism of official conduct
&#
A 6S vs. ustos? individual is given the
widest latitude in criticism of official
conduct.
A Publication that tends to impede4
embarrass or obstruct the court and
constitutes a clear and present danger to the
administration of 5ustice is not protected by
the guarantee of press freedom and
punishable by contempt. *t is not necessary
to show that the publication actually
obstructs the administration of 5ustice) it is
enough that it tends to do so.
A 'reedom of press is subordinate to the
decision4 authority4 integrity and
independence of the 5udiciary and the proper
administration of 5ustice.
,. %ight of students to free speech in
school premises not absolute
A Campus Eournalism Act provides that a
student shall not be e(pelled or suspended
solely on the basis of articles he or she has
written4 the same should not infringe on the
schoolKs right to discipline its students.
A 7he school cannot suspend or e(pel a
student solely on the basis of the articles he
or she has written4 e(cept when such article
materially disrupts class wor; or involves
substantial disorder or invasion of rights of
others.
7est of valid government interference
9#: Clear and Present "anger %ule
A 8hether the words are used in such
circumstances and of such nature as to
create a clear and present danger that they
will bring about the substantive evils that the
State has the right to prevent.
A 7he substantive evil must be e(tremely
serious and the degree of imminence
e(tremely high before utterances can be
punished.
A %ule? the danger created must not only
be clear and present but also traceable to the
ideas e(pressed.
A BclearC? seems to point to a causal
connection with the danger of the
substantive evil arising from the utterance
@uestioned
A BpresentC refers to the time element4
identified with imminent and immediate
danger
A 7he danger must not only be probable4
but very li;ely inevitable.
9&: "angerous 7endency %ule
A 8ords uttered create a dangerous
tendency of an evil which the State has the
right to prevent4 then such words are
punishable.
A Sufficient if the natural tendency and the
probable effect of the utterance were to
bring about the substantive evil that the
legislative body see;s to prevent.
9$: alancing of *nterests 7est
A 8hen particular conduct is regulated in
the interest of public order4 and the
regulation results in an indirect4 conditional
or partial abridgment of speech4 the duty of
the courts is to determine which of the two
conflicting interests demands the greater
protection under the particular
circumstances presented.
A %e@uires a court to ta;e conscious and
detailed consideration of the interplay of
interests observable in a given situation.
Assembly and Petition
A %ight to assemble is not sub5ect to prior
restraint.
A *t may not be conditioned upon prior
issuance of a permit or authorization from
government authorities.
A *t must be e(ercised in such a way as
will not pre5udice the public welfare.
A P6L*C PLAC/? permit for the use of
such place4 and not for the assembly itself4
may be validly re@uired. 7he power of local
officials is merely one of regulation.
A Permit to hold public assembly shall not
be necessary where the meeting is to be held
in a P%*>A7/ PLAC/.
Public Assembly Act? a permit shall not
be necessary where the meeting is to be held
&&
in a private place4 in the campus of the
governmentAowned or operated educational
institution4 or in a freedom par;.
8here permit is re@uired4 written
application shall be filed with the mayorKs
office at least . days before the scheduled
meeting and shall be acted upon within &
days. -therwise4 permit shall be deemed
granted.
"enial shall be 5ustified only upon clear
and convincing evidence that the public
assembly will create a cleat and present
danger to public order4 safety4 convenience4
morals and health.
Action shall be communicated within &,
hours to the applicantG may appeal to
appropriate courts.
"ecision must be reached within &,
hours.
7he law permits law enforcement
agencies to detail a contingent under a
responsible officer at least #JJ meters away
from the assembly in case it becomes
necessary to maintain order.
A Academic freedom of institutions of
higher learning cannot be utilized to
discriminate against those who e(ercise their
constitutional rights.
A %ight to free assembly and petition
prevails over economic rights.
A /ducation of the youth occupies a
preferred position over the freedom of
assembly and petition.
A 7ests priorly applied by the court?
#. purpose test
&. auspice test
'reedom of %eligion
A No law shall be made respecting an
establishment of religion or prohibiting the
free e(ercise thereof.
A 7he free e(ercise and en5oyment of
religious profession and worship4 without
discrimination or preference4 shall forever
be allowed. No religious test shall be
re@uired for the e(ercise of civil or political
rights.
A & guarantees?
#. nonAestablishment clause
&. freedom of religious profession and
worship
A NonAestablishment clause? separation of
Church and State
#. cannot be registered as a political party)
&. no sectoral representative from the
religious sector) and
$. prohibition against the use of public
money or property for the benefit of any
religion4 or of any priest4 minister or
ecclesiastic.
A /(ceptions?
#. e(ception from ta(ation of properties
actually4 directly and e(clusively used for
religious purposes)
&. citizenship re@uirement of ownership of
educational institutions4 e(cept those
established by religious groups and mission
boards)
$. optional religious instruction in public
elementary and high schools e(pressed in
writing by the parents!guardians4 taught
within regular class hours) and without
additional costs on the =overnment) and
,. appropriation allowed where the minister
or ecclesiastic is employed in the armed
forces4 penal institution or in the
governmentAowned orphanage or
leprosarium.
A Scope?
#. State cannot set up a Church
&. nor pass laws which aid one religion4 aid
all religion or prefer one over another)
$. nor force nor influence a person to go to
or remain away from church against his will)
,. or force him to profess a belief or
disbelief in any religion.
A 7he term BNonAChristian tribesC does
not refer to religious belief but to degree of
civilization. 9People vs. Cayat:
A Laws4 e.g. Article #$$ of the %PC4 do
not violate freedom of religion.
&$
A 'reedom of religion is accorded
preferred status4 designed to protect the
broadest possible liberty of conscience4 to
allow each man to believe as his conscience
directs4 to profess his beliefs and to live as
he believes he ought to live4 consistent with
liberty of others and with the common good.
A *ntramural religious disputes?
8here a civil right depends upon some
matter pertaining to ecclesiastical affairs4 the
civil tribunal tries the civil right and nothing
more.
B/cclesiastical AffairC is one that
concerns doctrine4 creed4 or forum of
worship of the church4 or the adoption and
enforcement within a religious association
of needful laws and regulations for the
government of the membership4 and the
power of e(cluding from such associations
those deemed unworthy of membership.
*t is not for the Court to e(ercise control
over Church authorities in the performance
of their discretionary and official functions)
it is for the members of religious
institutions!organizations to conform to 5ust
church regulations.
A 'ree /(ercise Clause
Aspects of freedom of religious
profession and worship?
#. right to believe4 which is absolute
&. right to act according to oneKs belief4
which is sub5ect to regulation.
Constitutional guarantee of free e(ercise
pf religious profession and worship carries
with it the right to disseminate religious
information4 and any restraint of such right
can be 5ustified only on the ground that there
is a clear and present danger of an evil
which the State has the right to prevent.
A 7he compelling State interest test?
/strada vs. /scritor 9administratively
charged with immorality for living with a
married man4 not her husband) con5ugal
arrangement was in conformity with their
religious beliefs:
Benevolent NeutralityC recognizes that
government must pursue its secular goals
and interests4 but at the same time4 strive to
uphold religious liberty to the greatest e(tent
possible within fle(ible constitutional limits.
7hus4 although the morality
contemplated by laws is secular4 benevolent
neutrality could allow for accommodation of
morality based on religion4 provided it does
not offend compelling state interest.
& steps?
#: 8hether respondentKs right to religious
freedom has been burdened and
&: Ascertain respondents sincerity in his
beliefs.
A State regulations imposed on
solicitations for religious purposes do not
constitute an abridgment of freedom of
religion) but are N-7 covered by P" #.3,
9Solicitation Permit Law: which re@uired
prior permit from "S8" in solicitations for
charitable or public welfare purposes)
A 'ree e(ercise clause does not prohibit
imposing a generally applicable sales and
use ta( on the sale of religious materials by
a religious organization. %esulting burden is
so incidental as to ma;e it difficult to
differentiate it from any other economic
imposition that might ma;e the right to
disseminate religious doctrines costly.
Liberty of Abode and of 7ravel
A 7he liberty of abode and of changing the
same within the limits prescribed by law
shall not be impaired e(cept upon lawful
order of the court.
A Neither shall the right to travel be
impaired e(cept in the interest of nationa$
sec%rit)4 p%b$ic saet) or p%b$ic &ea$t&4 as
may be provided by law.
A Limitations?
#: -n liberty of abode? lawful order of the
court
Caunca vs. Salazar? maid has the right to
transfer to another residence even if she had
not yet paid the amount advanced for her
&,
transportation from the province by an
employment agency)
%ubi vs. Provincial oard of +indoro?
re@uiring some members of the nonA
Christian tribes to reside only within a
reservation4 validG to promote their better
education4 advancement and protection.
6niversal "eclaration of Duman %ights?
everyone has the right to leave any country4
including his own and to return to his
country.
Covenant on Civil and Political %ights?
no one shall be arbitrarily deprived of the
right to enter his own country.
&: -n right to travel? national security4
public safety or public health4 as may be
provided by law
A Lawful order of the court is a valid
restriction.
A Court may validly refuse to grant the
accused permission to travel abroad4 even if
the accused in out on bail. 9+anotoc vs. CA:
A Liberty of travel may be impaired even
without court order4 the appropriate
e(ecutive officers or administrative
authorities are not armed with arbitrary
discretion to impose limitations.
A Principles?
#: 7he DoldAdeparture -rder is but an
e(ercise of the courtKs inherent power to
preserve and maintain the effectiveness of
its 5urisdiction over the case and over the
person of the accused)
&: y posting bail4 the accused holds
himself amenable at all times to the orders
and processes of the court4 thus4 she may be
legally prohibited from leaving the country
during the pendency of the case) and
$: Parties with pending cases should apply
for permission to leave the country from the
very same courts which4 in the first instance4
are in the best position to pass upon such
applications and to impose appropriate
conditions therefore4 since they are
conversant with the facts of the cases and
the ramifications or implications thereof.
A 7he persons right to travel is sub5ect to
the usual constraints imposed by the very
necessity of safeguarding the system of
5ustice. 8hether the accused should be
permitted to leave the country for
humanitarian reasons is a matter addressed
to the courtKs discretion.
%ight to *nformation
A %ight of the people to information on
matters of public concern shall be
recognized.
A Access to official records and to
documents and papers pertaining to official
acts4 transactions pr decisions as well as to
government research data used as basis for
policy development shall be afforded the
citizen4 sub5ect to such limitations as may be
provided by law.
A Scope of the %ight? right to information
contemplates inclusion of negotiations
leading to consummation of the transactions.
7he right only affords access4 which
means the opportunity to inspect and copy
them at his e(pense.
Sub5ect to regulations? to protect
integrity of public records and to minimize
disruption of government operations.
A /(ceptions?
#: Privileged communications rooted in
separation of powers
&: *nformation on military and diplomatic
secrets
$: *nformation affecting national security
,: *nformation on investigations of crimes
by law enforcement agencies before the
prosecution of the accused.
A Need for publication of law reinforces
this right.
A 7he manner of e(amining public records
may be sub5ect to reasonable regulation by
the government agency in custody.
A 7he duty to disclose the information of
public concern4 and to afford access to
public records cannot be discretionary on the
&.
part of said agencies. *ts performance may
be compelled by mandamus.
A *n %e? %e@uest for Live %adioA7>
Coverage of the 7rial in the S of the
Plunder Case against 'ormer Pres. Eoseph
/5ercito /strada4 Secretary of Eustice
Dernando Perez vs. Eoseph /5ercito /strada?
when the constitutional guarantees of
reedom o t&e press and t&e rig&t to
p%b$ic inormation4 on the one hand4 and
the %ndamenta$ rig&ts o t&e acc%sed4 on
the other hand4 along with the
constit%tiona$ po!er o a co%rt to contro$
its proceedings in ens%ring a air and
impartia$ tria$ race against another4
5urisprudence tells us that the right of the
accused must be preferred 9losing not only
his liberty but also the very life of an
accused:.
%ight to 'orm Associations
A 7he right of the people4 including those
employed in the public and private sectors4
to form unions4 associations or societies for
purposes not contrary to law shall not be
abridged.
A Scope? includes the right not to 5oin or to
disaffiliate from one.
A %ight to Stri;e? members of the civil
service may not declare a stri;e to enforce
economic demands.
A 7he ability to stri;e is not essential to the
right of association.
A 7he right of the sovereign to prohibit
stri;es or wor; stoppages by public
employees is clearly recognized at common
law. +odern rule merely incorporate or
reasserts said common law.
A %ight is not absolute.
AntiASubversion Act
+anagerial employees? receive
information that is not only confidential but
also generally not available to the public.
NonAimpairment Clause
A No law impairing the obligation of
contracts shall be passed.
A 7o fall within the prohibition4 the change
must not only impair the obligation of the
e(isting contract4 but the impairment must
be substantial.
A Change in the rights of the parties with
reference to each other and not with respect
to nonAparties.
A *mpairment? anything that diminishes the
efficacy of the contract
A Substantial impairment when the law
changes either
#: 7ime of performance
&: +ode of performance
$: *mposes new conditions
,: "ispenses with those e(pressed
.: Authorizes for its satisfaction something
different from that provided in its terms
A Limitations?
#: Police power public welfare is superior
to private rights
&: /minent domain
$: 7a(ation
A 'ranchises4 privileges4 licenses4 etc do
not come within the conte(t of the provision
Sub5ect to amendment alteration4 or
repeal by the Congress when common good
so re@uires.
'ree Access to Courts
A 'ree access to the courts and @uasiA
5udicial bodies and ade@uate legal assistance
shall not be denied to any person by reason
of poverty.
A Social 5ustice provision providing for
pauper suits.
+iranda "octrine
A Any person under investigation for the
commission of an offense shall have
7he right to be informed of his right to
remain silent and
7o have competent and independent
counsel preferably of his own choice.
&3
A *f the person cannot afford the services
of counsel4 he must be provided with one.
A 7hese rights cannot be waived4 e(cept
*n writing and
*n the presence of the counsel.
A No torture4 force4 violence4 threat4
intimidation or any other means which
vitiate the free will shall be used against
him.
A Secret detention places4 solitary4
incommunicado4 or other similar forms of
detention are prohibited.
A Any confession or admission obtained in
violation of this or Section #1 shall be
inadmissible in evidence against him.
A 7he law shall provide for penal and civil
sanctions for violations of this section4 as
well as compensation to and rehabilitation of
victims of torture or similar practices4 and
their families.
A %ights are available only during
custodial investigation.
Custodial investigation or inAcustody
interrogation of accused person? any
@uestioning initiated by law enforcement
officers after a person has been ta;en into
custody or otherwise deprived of his
freedom of action in any significant way.
*nvestigation ceases to be a general
in@uiry into an unsolved crime and direction
is aimed upon a particular suspect who has
been ta;en into custody and to whom the
police would then direct interrogatory
@uestions which tend to elicit incriminating
statements.
A "oes not apply to spontaneous
statement.s.
A "oes not apply to
admissions!confessions made by a suspect
before he was placed under custodial
investigation.
A Custodial investigation includes the
practice of issuing an BinvitationC to a
person who is investigated in connection
with an offense he is suspected to have
committed4 without pre5udice to the liability
of the inviting officer for any violation.
A Police LineAup
Not considered part of custodial
investigation because it is conducted before
that stage of investigation is reached.
Process has not yet shifted from the
investigatory to the accusatory stage.
A People vs. /scordial
-utAofAcourt identification may be made
in a BshowAupC 9where the accused is
brought face to face with the witness for
identification: or in a police lineAup 9where
the suspect is identified by a witness from a
group of persons gathered for that purpose:.
"uring custodial investigation4 these
have been described as Bcritical
confrontations of the accused by the
prosecutionC necessitating the presence of
counsel. 7his is because the result of these
preAtrial proceedings might well settle the
fate of the accused and reduce the trial to a
mere formality.
+erely photographed or paraffin test4
not yet under custodial investigation.
A *nvestigations not considered as
custodial interrogations.
A Arrested person signs a boo;ing sheer
and an arrest report at the police station4 he
does not admit the commission of an offense
nor confess to any incriminating
circumstance. Said boo;ing sheet is merely
a statement of how the arrest was made and
has no probative value as an /E statement of
the person detained.
A %ights guaranteed by this provision
refers only to testimonial compulsion.
A 8hat rights are available
#: 7o remain silent)
No adverse inference from his refusal to
answer.
&: 7o competent and independent counsel
9preferably of his own choice) at all stages
of the proceeding:)
Attaches upon the start of the
investigation)
&1
Lawyer should never prevent a person
from telling the truth.
%A 1,$2? AccusedKs parent4 older bro
and sis4 spouse4 +ayor4 +unicipal Eudge4
district school supervisor4 or priest or
minister of the gospel as chosen by the
accused4 may appear in lieu of the counsel
during the ta;ing of an /E confession *'?
#: Counsel of accused is absent and
&: >alid waiver had been e(ecuted.
Bcompetent and independentC willing
to safeguard the constitutional rights of the
accused4 as distinguished from one who
would merely be giving a routine
peremptory and meaningless recital of the
individualKs constitutional rights.
+ere pro forma appointment of a
counsel de officio who fails to genuinely
protect the interests of the accused merits
disapprobation.
*ndependent Counsel? not special
counsel4 City legal officer4 +ayor4
public!private prosecutor4 counsel of the
police4 or a municipal attorney4 whose
interest is admittedly adverse to the accused.
BPreferably of his own choiceC does not
mean that the choice of a lawyer by a person
under investigation is e(clusive as to
preclude other e@ually competent and
independent attorneys from handling the
defense.
Choice of lawyer when accused cannot
afford final say is still with the accused
who may re5ect said lawyer) deemed
engaged by the accused when he does not
ob5ect.
Confession obtained after charges had
already been filed? 7he right to counsel still
applies in certain preAtrial proceedings that
are considered critical stages in the criminal
process. C%stodia$ interrogation beore or
ater c&arges &a#e been i$ed1 and non2
c%stodia$ interrogation ater t&e acc%sed
&as been orma$$) c&arged1 are considered
Bcritical preAtrial stagesC in the criminal
process.
$: 7o be informed of such rights)
7ransmission of meaningful information
rather than 5ust ceremonial and perfunctory
recitation of an abstract constitutional
principle.
P must show that the accused understood
what he read and the conse@uences of his
waiver.
%ight to be informed carries with it the
correlative obligation on the part of the
investigator to e(plain and contemplates an
effective communication which results in
the sub5ect understanding what is conveyed.
9degree of e(planation depends on the
personal circumstances of the accused:
,: %ights cannot be waived e(cept in
writing and signed by the person in the
presence of his counsel)
.: No torture4 force4 violence4 etc. which
vitiates free will shall be used)
3: Secret detention places4 etc. are
prohibited) and
1: Confessions!admissions obtained in
violation of rights are inadmissible in
evidence.
& Linds of *nvoluntary!Coerced
Confession
#: Coerced confession4 the product of third
degree methods
&: 6ncounselled statements4 without the
benefit of the +iranda warning
Alleged infringement of the
constitutional rights of the accused during
custodial investigation is relevant and
material only where an e(tra5udicial
confession!admission from the accused
becomes the basis of conviction.
#01$ Constitution does not distinguish
between verbal and nonAvernal confession.
A person suspected of having committed
a crime and subse@uently charged with its
commission has the following rights in the
matter of his testifying or producing
evidence?
#: efore case is field in court or with
public prosecutor for preliminary
&2
investigation4 but after having been ta;en
into custody or otherwise deprived of his
liberty and on being interrogated by the
police
7o remain silent
%ight to counsel
7o be informed of such right
Not to be sub5ected to torture4 violence4
threat4 intimidation or any other means
which vitiates free will and
7o have evidence obtained in violation
of these rights re5ected and inadmissible.
&: After the case is filed in court
7o refuse to be a witness
Not to have nay pre5udice by such
refusal
7o testify in his own behalf4 sub5ect to
crossAe(amination
8hile testifying4 refuse to answer an
incriminating @uestion
A 8aiver
9#: +ust be in writing and made in the
presence of the counsel
9&: No retroactive effect no application to
waivers made prior to AP%*L &34 #02$4 the
promulgation of +orales.
9$: urden of proof burden of proving
valid waiver is with the prosecution.
Presumption that official duty has been
regularly performed cannot prevail over the
presumption of innocence.
9,: 8hat may be waived
%ight to remain silent
%ight to counsel
N-7 the right to be informed of these
rights.
A =uidelines for Arresting!*nvestigating
-fficers 9People vs. +ahinay:
9#: Person arrested4 detained4 invited or
under custodial investigation must be
informed in a language ;nown to and
understood by him of the reason for his
arrest and must be shown the warrant of
arrest4 if any.
9&: De must be warned that he has the right
to remain silent and that any statement he
ma;es may be used as evidence against him.
9$: De must be informed that he has the
right to be assisted at all times and have the
presence of an independent and competent
lawyer4 preferably of his own choice.
9,: De must be informed that if he has no
lawyer or cannot afford one4 a lawyer will
be provided for him) and that a lawyer may
also be engaged by any person in his behalf
or may be appointed by the Court upon
petition of the person or one acting in his
behalf.
9.: 7hat whether or not the person arrested
has a lawyer4 he must be informed that no
custodial investigation in any form shall be
conducted e(cept in the presence of his
counsel or after a valid waiver.
93: 7he person arrested must be informed
that4 at any time4 he has the right to
communicate or confer by the most
e(pedient means with his lawyer4 any
member of his immediate family4 or any
medical doctor4 priest or minister chose by
him or anyone of his immediate family or by
his counsel4 or be visited by!confer with
duly accredited national or international
nonAgovernmental organization. *t shall be
the responsibility of the officer to ensure
that this is accomplished.
91: De must be informed that he has the
right to waive any said rights provided it is
made voluntarily4 ;nowingly and
intelligently4 and ensure that he understood
the same.
92: *f the person arrested waives his right to
a lawyer4 he must be informed that this must
be done in writing and in the presence of the
counsel4 otherwise he must be warned that
the waiver is void even if he insists in his
waiver and chooses to spea;.
90: 7he person arrested must be informed
that he may indicate in any manner at any
time or stage of the process that he does not
wish to be @uestioned with a warning that
&0
once he ma;es such indication the police
may not interrogate him if the same had not
yet commenced or the interrogation must
cease if it had already begun.
9#J: 7he person arrested must be
informed that the initial waiver of his right
to remain silent4 the right to counsel or to
any other rights does not bar him from
invo;ing it at any time during the process4
regardless of whether he may have answered
some @uestions or volunteered some
statements.
9##: De must be informed that any
statement or evidence4 as the case may be4
obtained in violation of any of the foregoing4
inculpatory or e(culpatory4 in whole or in
part4 shall be inadmissible.
A /(clusionary %ule?
Confession!Admission obtained in violation
of Section #& and #14 Article *** of the
Constitution shall be inadmissible in
evidence.
A Confession? declaration made
voluntarily and without compulsion or
inducement by a person ac;nowledging that
he has committed or participated in the
commission of a crime.
A Any allegation of force4 duress4 undue
influence or other forms of involuntariness
in e(acting such confession must be proved
y clear4 convincing and competent evidence
by the defense. -therwise4 the confessionKs
full probative value may be used to
demonstrate the guilt of the accused.
A 'ruit of the Poisonous 7ree? 9Eustice
'ran;furter Nardone vs. 6S:
-nce the primary source is shown to
have been unlawfully obtained4 any
secondary or derivative evidence derived
from it is also inadmissible.
asis? evidence illegally obtained by the
State should not be used to gain other
evidence.
A %eceipt of Seized Property if signed by
the accused without assistance of counsel
and not having been informed of his
constitutional rights is inadmissible.
People vs. Linsangan? initialed the P#J
bill that the police found tuc;ed in his waist.
>alid. ecause possession of mar;ed bills
did not constitute a crime4 the sub5ect if the
prosecution being his act of selling
mari5uana cigs.
A %eAenactment of the Crime before4
must be appraised of his constitutional
rights.
A %es =estae admissible.
A 8aiver of /(clusionary %ule? failure to
ob5ect to offer in evidence.
%ight to ail
A All persons e(cept those charged with an
offense punishable by %P4 when evidence of
guilt is strong4 shall before conviction be
bailable by sufficient sureties or be released
on recognizance as may be provided by law.
A 7he right to bail shall not be impaired
even when the privilege of the writ of
habeas corpus is suspended.
A /(cessive bail shall not be re@uired.
A ail? is the security given for the release
of a person in custody of the law4 furnished
by him or a bondsman4 conditioned upon his
appearance before any court as may be
re@uired.
A Any person under detention4 even if no
formal charge have yet been field4 can
invo;e the right to bail.
A 8hen bail is authorized4 it should be
granted before arraignment4 otherwise4 the
accused may be precluded from filing a
motion to @uash.
A /(ceptions?
#. when charged with an offense
punishable by %P 9or higher: and evidence
of guilt is strong
&. traditionally4 not available to military
A "uty of the Court when accused is
charged with an offense punishable by %P or
higher.
$J
Dearing on the motion for bail must be
conducted by the 5udge.
Prosecution must be given an
opportunity to present all the evidences.
Applicant having right of crossA
e(amination and to introduce evidence in
rebuttal.
*f prosecution refuses to adduce
evidence or fails to interpose an ob5ection to
the motion for bail4 it is still mandatory for
the court to conduct a hearing or as;
searching and clarificatory @uestions from
which it may infer the strength of the
evidence of guilt or lac; of it.
A 7he hearing on the petition for bail need
not at all times precede arraignment4
because the rule is that a person deprived of
his liberty by virtue of his arrest or voluntary
surrender may apply for bail as soon as he is
deprived of his liberty4 even before a
complaint or information is filed against
him.
A CourtKs order granting or refusing bail
must contain summary of evidence for the
prosecution.
A 7he assessment of the evidence
presented during bail hearing is only for the
purpose of granting or denying an
application for the provisional release of the
accused liberal in their approach4 not
being a final assessment.
A ail is either?
#: A matter of right
efore or after conviction by +e7C4
+7C +7C in Cities4 +C7C
efore conviction by %7C of an offense
not punishable by death4 %P or life
imprisonment.
&: Eudges discretion
6pon conviction by %7C of an offense
not punishable by death4 %P or life
imprisonment.
7he court4 in its discretion4 may allow
the accused to continue on provisional
liberty under the same bail bond during the
period to appeal4 sub5ect to consent of
bondsman.
*f court imposes penalty of
imprisonment of 3A&J years4 accused shall
be denied bail or bail previously granted
cancelled4 upon showing by prosecution
that?
#: 7he accused is a recidivist4 @uasiA
recidivist4 habitual delin@uent4 or has
committed the crime aggravated by the
circumstance of reiteration)
&: 7he accused is found to have previously
escaped from legal confinement4 evaded
sentence or has violated the conditions of his
bail without valid 5ustification)
$: 7he accused committed the offense
while on probation4 parole or under
conditional pardon)
,: Circumstances of the accused or his case
indicate the probability of flight if released
on bail) and
.: 6ndue ris; that during pendency of the
appeal4 the accused may commit another
crime.
$: "enied
Accused is charged with a capital
offense or an offense punishable by %P or
higher and evidence of guilt is strong.
Principle denying bail to an accused
charged with a capital offense where
evidence of guilt is strong4 applies with
e@ual force to the appellant who4 though
convicted of an offense not punishable by
death4 %P4 or life imprisonment was
nevertheless originally charged with a
capital offense.
A Standards for fi(ing bail
#: 'inancial ability of the accused
&: Nature and circumstances of the offense
$: Penalty for the offense charged
,: Character and reputation of the accused
.: Penalty for the offense charged
3: 8eight of the evidence against him
1: Age and health
2: Probability of appearing at the trial
0: 'orfeiture of other bonds by him
$#
#J: 'act that he was a fugitive from 5ustice
when arrested
##: Pendency of other cases in which he is
under bond
A %ight to ail and /(tradition
9=overnment of the 6.S. vs. Eudge Purungan
and +ar; Eimenez:
7he constitutional provision on bail
applies only when a person is arrested and
detained for violation of Philippine criminal
laws. *t does not apply to e(tradition
proceedings4 because e(tradition courts do
not render 5udgments of ac@uittal or
conviction.
*t flows from the presumption of
innocence in favor of every accused who
should not be sub5ected to the loss of
freedom unless his guilt is proved beyond
reasonable doubt. 7he constitutional
provision on bail will not apply to a case of
e(tradition where the presumption of
innocence is not an issue.
/(tradition proceedings are separate and
distinct from the trial of the offenses for
which he is charged.
De should apply for bail before the
courts trying the criminal cases against him4
not before the e(tradition court.
After a potential e(tradite has been
arrested and placed under custody of the
law4 bail may be applied for and granted as
an e(ception4 only after clear and
convincing showing that
a. -nce granted bail4 the applicant will not
be a flight ris; or a danger to the
community4 and
b. 7here e(ists special4 humanitarian and
compelling circumstances.
A 8aiver of the %ight to ail personal to
the accused.
A 7he right to bail is not impaired by the
suspension if the privilege of the writ of
habeas corpus.
Constitutional %ights of the Accused
A No person shall be held to answer for a
criminal offense without due process of law.
A *n all criminal prosecutions4
the accused shall be presumed innocent
until the contrary is proved4
and shall en5oy the right to be heard by
himself and counsel4
to be informed of the nature and cause of
accusation against him4
to have a speedy4 impartial and public
trial4
to meet the witnesses face to face4 and
to have compulsory process to secure the
attendance of the witnesses and the
production of evidence in his behalf.
A After arraignment4 trial may proceed
notwithstanding the absence of the accused4
provided that he has been duly notified and
the failure to appear is un5ustifiable.
A Criminal due process?
#: accused has been heard in a court of
competent 5urisdiction
&: accused is proceeded against under the
orderly processes of law
$: accused has been given notice and the
opportunity to be heard
,: 5udgment rendered was within the
authority of a constitutional law
A 6nreasonable delay in resolving
complaint is violation of the right to due
process and to speedy trial dismissal of
complaint.
/(ception? petitionerKs own acts or
comple(ity of the issues involved.
A Dearing before an impartial and
disinterested tribunal. ias must be shown
by clear and convincing evidence.
A %ight to a hearing
A Plea of guilt to a capital offense.
+andatory that?
#: 7C must conduct a searching in@uiry
into the voluntariness of the plea and the full
comprehension of the conse@uences)
&: Prosecution should present evidence to
prove the guilt of the accused and the
precise degree of his culpability) and
$&
$: Accused must be as;ed if he desires to
present evidence in his behalf and should be
allowed to do so if he desires.
A 7he State and the offended party are
entitled to due process
A Presumption of *nnocence? every
circumstance favoring the innocence of the
accused must be ta;en into account.
8ill N-7 apply if there is some logical
connection between the fact proved and the
ultimate fact presumed4 and the inference of
one fact from proof of another shall not be
so unreasonable as to be purely arbitrarily
mandate.
Can be invo;ed only by an individual
accused of a criminal offense.
Corporate entity has no personality to
invo;e the same.
A Presumption that official duty was
regularly performed cannot4 by itself4 prevail
over the constitutional presumption of
innocence.
/(ception? when it is not the sole basis
for conviction.
A Constitutional presumption may be
overcome by contrary presumptions based
on e(perience of human conduct. 9e.g.
une(plained wealth:
A Circumstantial evidence in order to
warrant conviction?
#: +ore than one circumstance
&: 'acts from which the inference are
derived are proven
$: Combination of all the circumstances is
such as to produce a conviction beyond
reasonable doubt.
A /@uipose %ule? applicable only when the
evidence adduced by the parties are evenly
balanced4 in which case the constitutional
presumption of innocence should tilt the
scales in favor of the accused.
A %ight to be heard by himself and
counsel? efficient and truly decisive legal
assistance.
Proceeds from fundamental principle of
due process.
%ight to counsel during the trial is not
sub5ect to waiver because even the most
intelligent or educated man may have no
s;ill in the science of law4 particularly in the
rules of procedure4 and without counsel. De
may be convicted not because he is guilty
but because he does not ;now how to
establish his innocence.
'ailure of the record to disclose
affirmatively that the 7C advised the
accused of his right to counsel is not
sufficient ground to reverse conviction. 7he
7C must be presumed to have complied with
the procedure prescribed by law for the
hearing and trial of the cases4 and such
presumption can be overcome only by an
affirmative showing to the contrary.
A %ight to counsel is not indispensable to
due process of law.
/(ceptions? cannot be waived during
trial.
ut this is not absolute. -ption cannot
be used to sanction reprehensible dilatory
tactics4 to trifle with %-C4 or pre5udice the
e@ually important rights of the State and the
offended party to speedy and ade@uate
5ustice.
A BPreference in the choice of counselC
pertains more aptly and specifically to a
person under custodial investigation rather
than one who is accused in a criminal
prosecution. Such preferential discretion
cannot parta;e of discretion so absolute and
arbitrary as would ma;e the choice of
counsel refer e(clusively to the prediction of
the accused.
A =eneral %ule? a client is bound by the
mista;es of his lawyer
/(ceptions? when the negligence or
incompetence of counsel is deemed gross as
to have pre5udiced the constitutional right of
the accused to be heard.
A %ight to be informed of the nature and
cause of accusation against him.
%easons?
$$
#. furnish the accused with such a
description of the charge against him as will
enable him to prepare for his defense)
&. avail himself of his conviction or
ac@uittal for protection against a further
prosecution for the same cause) and
$. to inform the Court of the facts alleged4
so that it may decide whether they are
sufficient in law to support a conviction.
A 8hen a 5udge is informed or discovers
that an accused is apparently in a condition
of insanity or imbecility4 it is within his
discretion to investigate the matter.
A %e@uisites? 7he information must state?
#. name of the accused
&. designation of the offense given by
statute
$. statement of acts or omissions so
complained of as constituting the offense
,. name of the offended party
.. appro(imate time and date of the
commission of the offense
3. place where the offense has been
committed
1. facts and circumstances that have a
bearing on the culpability and liability of the
accused
A /very element of the offense must be
alleged in the complaint or information4
because the accused is presumed to have no
independent ;nowledge of the facts that
constitute the offense charged.
A Not necessary to state the precise time
when the offense was committed e(cept
when time is a material ingredient of the
offense.
A "escription not the designation of the
offense controls.
A Accused can be convicted only of the
crime alleged or necessarily included in the
allegations in the information.
A 8hile a 7C can hold a 5oint trial of & or
more criminal case and can render a
consolidated decision4 it cannot convict the
accused of the comple( crime constitutive of
the various crimes of the & informations.
A >oid for >agueness %ule? the law is
deemed void where the statute itself is
couched in such indefinite language that it is
not possible for men of ordinary intelligence
to determine what acts or omissions are
punishable.
A 7he right to be informed of the nature
and cause of the accusation against may not
be waived but the defense may waive the
right to enter a plea and let the court enter a
plea of not guilty.
A *ndictment must fully state the elements
of the specific offenses alleged to have been
committed. An accused cannot be convicted
of an offense4 even if duly proven4 unless it
is alleged or necessarily included in the
complaint or information.
"ifferent matter if the accused
themselves refused to be informed of the
nature and cause of the accusation against
them.
A Accused may be convicted of as many
offenses charged in the information and
proved during the trial4 where he fails to
ob5ect to such duplicitous information
during the arraignment.
A *nformation which lac;s certain material
allegations may sustain a conviction if the
accused fails to ob5ect to its sufficiency
during trial and deficiency is cured by
competent evidence presented therein.
A %ight to Speedy4 *mpartial and Public
7rial
Speedy 7rial
'ree from ve(atious4 capricious and
oppressive delays.
Accused entitled to dismissal4 e@uivalent
to ac@uittal4 if trial is unreasonably delayed.
%elative sub5ect to reasonable delays
and postponements arising from illness4
medical attention4 body operations4 etc.
Aggrieved party also has the same rights
as the accused.
Separate trial is in consonant with the
right of the accused to a speedy trial.
%A 2,0$ 9Speedy 7rial Act:?
$,
o Arraignment of the accused w!in $J
days from the filing of the information or
from the date the accused has appeared
before the 5ustice4 5udge or court in which
the charge is pending4 whichever date last
occurs.
o *f plea of not guilty has #. days to
prepare for trial.
o 7rial shall commence w!in $J days from
arraignment as fi(ed by the court.
o No case shall the entire trial period
e(ceed #2J days from the first day of trial4
e(cept as otherwise authorized by the Chief
Eustice of the SC.
*mpartial 7rial
Bcold neutrality of an impartial 5udgeC
for the benefit of the litigants and is also
designed to preserve the integrity of the
5udiciary and to gain and maintain the
peopleKs faith in the institution s they have
erected when they adopted the Constitution.
Pervasive publicity is not per se
pre5udicial to the right of the accused to a
fair trial.
7rial 5udges must be accorded a
reasonable leeway in as;ing @uestions as
may be essential to elicit relevant facts and
to bring out the truth. 7his is not only a right
but also duty of the 5udge.
Public 7rial
*ntended to prevent abuses that may be
committed against accused.
Not absolute.
Not synonymous to publicized trial.
+eans that the court doors must be open
to those who wish to come4 sit in the
available seats4 conduct themselves with
decorum and observe trial processes.
A %ight to +eet the 8itnesses 'ace to
'ace right to crossAe(amine the
complainant and the witnesses.
7estimony of the witness who has not
submitted himself to crossAe(amination is
not admissible in evidence being hearsay.
7his right can be waived.
A %ight to Compulsory Process to secure
the attendance of witnesses and the
production of evidence.
Subpoeana process directed to a person
re@uiring 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 ta;ing of his
deposition.
& ;inds?
#. subpoena ad testificandum? compel a
person to testify
&. subpoena duces tecum? compel the
production of boo;s4 records4 things or
documents
o test of relevancy? boo;s4 documents or
other things re@uested must appear prima
facie relevant to the issue sub5ect of the
controversy
o test of definiteness? such boo;s must be
reasonably described by the parties to be
readily identified
A %e@uisites?
#. evidence is really material
&. accused is not guilty of neglect in
previously obtaining the production of such
evidence
$. the evidence will be available at the time
desired
,. no similar evidence can be obtained.
A 7rial in absentia
Purpose is to speed up the disposition of
criminal cases.
+andatory upon the court whenever the
accused has been arraigned4 notified of the
date!s of hearing!s and his absence is
un5ustified.
After the accused has waived further
appearance during trial4 he can still be
ordered arrested by the court for nonA
appearance upon summons to appear for
purposes of identification.
Presence of the accused is mandatory?
#. arraignment and plea
&. during trial4 for purposes of
identification
$.
$. promulgation of sentence4 e(cept for
light offense wherein accused may appear
by counsel!representative
Accused who escapes from confinement4
5umps bail or flees to a foreign country4
loses his standing in court and unless he
surrenders or submits himself to the
5urisdiction of the court4 he is deemed to
waive his right to see; relief from the court.
Dabeas Corpus
A 7he privilege of the writ of habeas
corpus shall not be suspended e(cept in
cases of in#asion or rebe$$ion !&en p%b$ic
saet) re3%ires it.
A "efinition? a writ issued by a court
directed to a person detaining another4
commanding him to produce the body of the
prisoner at a designated time and place4 with
the day and cause of his caption!detention4
to do4 to submit to and to receive whatever
the court!5udge awarding the writ shall
consider in his behalf.
A 8hen available? restores the liberty of an
individual sub5ected to physical restraint. *t
secures to the prisoner the right to have the
cause of his detention e(amined and
determined by the courts) and to have the
issue ascertained as to whether he is held
under lawful authority.
A +ay also be availed of where4 as a
conse@uence of a 5udicial proceeding?
#. there has been deprivation of
constitutional rights
&. the court has no 5urisdiction to impose
the sentence
$. e(cessive penalty has been imposed4
since such sentence is void as to the e(cess.
A 7he writ will not issue where the person
alleged to be restrained on liberty is in the
custody of an officer under a process issued
by the court which has 5urisdiction to do so.
A /ven if the detention is at its inception
illegal4 supervening events such as the
issuance of a 5udicial process4 may prevent
the discharge of the detained person.
A 7hat the preliminary investigation was
invalid and that the offense had already
prescribed is not a ground to grant the
issuance of habeas corpus.
%emedy? motion to @uash the 8-A or
file a motion to @uash the information based
on prescription.
A "esaparecidos 9disappeared persons:4
persons in whose behalf the writ was issued
could not be found %emedy? refer the
matter to the Commission on Duman %ights
*n case of doubt4 the burden of proof
rests on the officers who detained them and
who claim to have effected the release of the
detainees.
A All courts of competent 5urisdiction may
entertain petitions for DC to consider the
release of petitioners convicted of violation
of the "angerous "rugs Act4 provided they
have served the ma(imum term of the
applicable penalties newly prescribed by %A
13.0.
A DC lies only where the restraint of the
personKs liberty has been 5udicially ad5udged
to be illegal or unlawful.
A Loss of 5udicial records4 after #& years of
detention in the service of the sentence
imposed upon conviction4 will not entitle
him to be released on DC. %emedy?
reconstitution of 5udicial records.
A Dave to comply with the writ.
"isobedience constitutes contempt of court.
A *n case of invasion or rebellion4 when
the public safety re@uires it4 the President
may for a period not e(ceeding 3J days4
suspend the privilege of the writ of DC.
A 8!in ,2 hours from the suspension4 the
President shall submit a report4 in person or
in writing4 to Congress.
A Congress4 voting 5ointly by a ma5ority
vote of at least a ma5ority of all its members
in regular or special session may revo;e
such proclamation or suspension4 such
revocation shall not be set aside by the
President.
$3
A 6pon initiative of the President4 the
Congress may4 in the same manner4 e(tend
such proclamation or suspension for a period
to be determined by Congress4 if the
invasion or rebellion shall persists and
public safety re@uires it.
A SC may review4 in appropriate
proceeding filed by any citizen4 the
sufficiency of the factual basis for the
proclamation of martial law and the
suspension of the privilege of the DC or the
e(tension thereof.
A SC must promulgate its decision w!in $J
days from filing.
A 7he suspension of the privilege of the
writ shall apply only to persons charged for
rebellion or offenses inherent in or directly
connected with invasion.
A "uring the suspension of the privilege of
the writ4 any person thus arrested or detained
shall be 5udicially charged within $ days4
otherwise he shall be released.
A Suspension of the privilege does not
suspend the right to bail.
Speedy "isposition of Cases
A All persons shall have the right to a
speedy disposition of cases before all
5udicial4 @uasiA5udicial or administrative
bodies.
A Not limited to the accused in a criminal
proceedings4 but e(tends to all cases4
including civil and administrative cases and
in all proceedings including 5udicial and
@uasiA5udicial hearings.
A Li;e right to speedy trial4 this right is
violated only when the proceedings are
attended by ve(atious4 capricious and
oppressive delays or when un5ustified
postponements of the trial are as;ed for and
secured4 or when without cause or 5ustifiable
motive a long period of time is allowed to
elapse without the party having his case
tried.
A 6nli;e right to speedy trial4 this right is
available not only during trial but also when
the case has already been submitted for
decision.
A %ight e(tends to all citizens4 including
those in the military4 and covers the period
before4 during and after trial.
A %ight can be waived failure to
seasonably assert this right.
SelfAincrimination
A No person shall be compelled to be a
witness against himself.
A %ight is available not only in criminal
prosecutions but also in all other
government proceedings4 including civil
actions and administrative or legislative
investigations.
A *t may be claimed not only by the
accused but also by any witness to whom a
@uestion calling for an incriminating answer
is addressed.
A =eneral %ule? it may be invo;ed only
when and as the @uestion calling for an
incriminating answer is as;ed. 7his applies
only to ordinary witness.
*n criminal prosecution accused may not
be compelled to ta;e the witness stand.
Similarly applicable to a respondent in
an administrative proceeding.
A Scope? not against all compulsion4 but
testimonial compulsion only. 9not the
inclusion of his body in evidence when it
may be material:
Prohibition e(tends to the compulsion
for the production of documents4 papers and
chattels that may be used as evidence
against the witness4 e(cept where the State
has a right to inspect the same such as the
boo;s of accounts of corporations4 under the
police or ta(ing power or where a
government official is re@uired to produce
official documents!public records which are
in their possession.
Also protects the accused against any
attempt to compel him to furnish a specimen
$1
of his handwriting in connection with a
prosecution for falsification.
A *mmunity?
#: 7ransactional *mmunity? witness
immune from any criminal prosecution for
an offense to which his compelled testimony
relates.
&: 6se and 'ruit *mmunity? prohibits the
use of the witnessK compelled testimony and
its fruits in any manner in connection with
the criminal prosecution of the witness.
A 7hose granted this privilege paid a high
price the surrender of their right to remain
silent. Should be given a liberal
interpretation.
A 8aiver? either directly or by failure to
invo;e it4 provided that the waiver is certain
and une@uivocal and intelligently made.
NonAdetention by %eason of Political eliefs
or Aspirations
A No person shall be detained solely by
reason of his political beliefs or aspirations.
*nvoluntary Servitude
A No involuntary servitude in any form
e(ist e(cept as a punishment for a crime
whereof the party shall have been duly
convicted.
A /(ceptions?
#: Punishment for a crime whereof one has
been duly convicted)
&: Patria potestas
$: Posse comitatus
,: %eturn to wor; order in industries
affected by public interest
.: Service in defense of the state
3: Naval 9merchant marine: enlistment
Prohibited Punishment
A /(cessive fines shall not be imposed.
A Nor cruel4 degrading or inhuman
punishment inflicted.
A Neither shall death penalty be imposed4
unless for compelling reasons involving
heinous crimes4 the Congress hereafter
provides for it.
A Any death penalty already imposed shall
be reduced to %P.
A 7he employment of physical4
psychological or degrading punishment
against any prisoner or detainee4 or the use
of substandard or inade@uate penal facilities
under subhuman conditions shall be dealt
with by law.
A +ere severity does not constitute cruel
or unusual punishment.
A 7he penalty must be flagrantly and
plainly oppressive4 wholly disproportionate
to the nature of the offense as to shoc; the
moral sense of the community.
A "eath penalty is not a cruel or unusual
punishment. *t is an e(ercise of the StateKs
power to secure society against the
threatened and actual evil.
Automatic review in death penalty cases
shall proceed even in the absence of the
accused4 considering that nothing less than
life is at sta;e and any court decision must
be errorAfree as possible.
NonAimprisonment for "ebt
A No person shall be imprisoned for debt
or nonApayment of a poll ta(.
A 8hile the debtor cannot be imprisoned
for failure to pay his debt4 he can be validly
punished in a criminal action if he
contracted his debt through fraud4 as his
responsibility arises not from the contract of
loan4 but from the commission of the crime.
"ouble Eeopardy
A No person shall be twice put in 5eopardy
of punishment for the same offense.
A *f an act is punished by law and an
ordinance4 conviction or ac@uittal under
either shall constitute a bar to another
prosecution for the same act.
A %e@uisites?
#. valid complaint or information
$2
does not attach in preliminary
investigation.
&. filed before a competent court
mista;e has been made in charging the
proper offense4 the first charge shall be
dismissed to pave the way for the filing of
the proper offense. 7he dismissal of the first
case will not give rise to double 5eopardy
inasmuch as the court does not have
5urisdiction over the case4
$. to which defendant had pleaded
no arraignment Q no double 5eopardy
grant of motion to @uash4 filed before the
accused ma;es his plea4 can be appealed by
the prosecution because the accused has not
yet been placed in 5eopardy.
,. defendant was previously ac@uitted or
convicted4 or the case dismissed or
otherwise terminated without his e(press
consent
promulgation of only one part of the
decision is not a bar to the promulgation of
the other part4 the imposition of the criminal
accountability and does not constitute a
violation of the proscription against double
5eopardy.
A "ismissal of action
#. permanent dismissal
#: termination of the case on the merits
resulting in either conviction or ac@uittal
&: dismissal of the case because of the
prosecutionKs failure to prosecute
$: dismissal on the ground of unreasonable
delay in violation of the right to speedy trial
&. provisional dismissal dismissal without
pre5udice to reinstatement before order of
dismissal becomes final or to subse@uent
filing of a new information within the
periods allowed by law.
A /(press consent directly given4 either
viva voce or in writing4 a positive4 direct4
une@uivocal consent re@uiring no inference
or implication to supply its meaning.
A 8hen dismissal is made at the instance
of the accused4 there is no double 5eopardy.
A 8hen the ground for motion to dismiss
is insufficiency of evidence 9grant of
demurrer: e@uivalent to an ac@uittal and
any further prosecution would violate the
constitutional proscription against double
5eopardy.
A 8hen the proceedings have been
unreasonably prolonged as to violate the
right of the accused to speedy trial double
5eopardy
A %evival of the case provisionally
dismissed timeAbar for the revival of
criminal cases provisionally dismissed with
the e(press consent of the accused and with
prior notice to the offended party?
#: & years if the offense charged is
penalized by more than 3 years
imprisonment
&: # years if the penalty imposed does not
e(ceed 3 years imprisonment or a fine in
whatever amount
A Prohibits the state from appealing or
filing a petition for review if 5udgment of
ac@uittal that was based on the merits of the
case. Certiorari will lie to correct errors of
5udgment.
A "ouble 5eopardy provides three related
protections?
#: Against &
nd
prosecution for the same
offense after ac@uittal)
&: Against a &
nd
prosecution for the same
offense after conviction) and
$: Against multiple punishments for the
same offense.
A *nstances when prosecution may appeal
#: Prosecution is denied due process4 such
denial results in loss or lac; of 5urisdiction
and this appeal may be allowed
&: Accused has waived or is estopped from
invo;ing his right against double 5eopardy
A No double 5eopardy
#: +istrial
&: State is deprived of fair opportunity to
prosecute and prove its case
$: "ismissal of information!complaint is
purely capricious
$0
,: Lac; of proper notice to be heard
.: Accused waives or is estopped from
invo;ing his right against double 5eopardy.
3: "ismissal!ac@uittal is made with grave
abuse of discretion
A "ischarge of coAaccused to be utilized as
government witness
A Accused cannot be prosecuted anew for
an identica$ oense4 or for any attempt to
commit the same or r%stration thereof4 or
for any offense which necessari$) inc$%des
or is necessari$) inc$%ded in the offense
charged in the original complaint or
information.
A "octrine of Supervening /vent the
accused may still be prosecuted for another
offense if a subse@uent development
changes the character of the first indictment
under which he may have already been
charged or convicted.
7he conviction of the accused shall not
be a bar to another prosecution for an
offense which necessarily includes the
offense charged in the original complaint or
information when?
a. =raver offense developed due to
supervening facts arising from the same act
or omission)
b. 'acts constituting the graver offense or
were discovered only after the filing of the
former complaint or information) or
c. 7he plea of guilty to a lesser offense was
made without the consent of the fiscal or the
offended party.
/( post facto law and ill of attainder
A No e( post facto law or bill of attainder
shall be enacted.
A /( post facto law
Linds
a. Law that ma"es crimina$ an action done
before the passage of the law and which was
innocent when done4 and punishes such
action)
b. Law that aggra#ates a crime4 or ma;es
it greater than it was when committed)
c. Law that c&anges t&e p%nis&ment4 and
inflicts a greater punishment than the law
anne(ed to the crime when committed)
d. Law that a$ters $ega$ r%$es o e#idence
and receives less or different testimony than
the law re@uired at the time of the
commission of the offense4 in order to
convict the offender)
e. Law which4 assuming to regulate civil
rights and remedies only4 in eect imposes
a pena$t) or t&e depri#ation o a rig&t for
something which when done was lawful)
f. Law which deprives a person accused of
a crime of some lawful protection to which
they have been entitled
Characteristics
a. %etroactive
b. 8or;s to the pre5udice of the accused
c. %efers to criminal matters
A ill of attainder
"efinition? legislative act that inflicts
punishment without trial.
Substitutes legislative fiat for a 5udicial
determination of guilt.
*t is only when the statute applies either
to named individuals or to easily
ascertainable members of a group in such a
way as to inflict punishment on them
without 5udicial trial that it becomes a bill of
attainder.
AntiASubversion Act is not a bill of
attainder. simply declares that the
Communist Party is an organized conspiracy
to overthrow the =overnment and for
definitional purposes only.
*II. CITI4ENSHIP
A "efinition? membership in a political
community which is personal and more or
less permanent in character.
A Nationality is membership in any class
or form of political community. *t does not
necessarily include the right!privilege of
e(ercising civil or political rights.
A +odes of ac@uiring?
#: +arriage
,J
&: irth
A Eus soli
A Eus sanguinis
$: Naturalization
A NaturalAborn citizens citizens of the
Philippines from birth without having to
perform any act to ac@uire or perfect their
Philippine citizenship.
A +arriage by 'ilipino to an alien
citizens of the Philippines who marry aliens
shall retain their citizenship4 unless by their
act or omission they are deemed4 under the
law4 to have renounced it.
A "ual allegiance of citizens is inimical to
the national interest and shall be dealt with
by law.
A "ual citizenship as a dis@ualification
under the L=C must refer to dual allegiance.
A 'or candidates with dual citizenship4 it is
sufficient that they elect Philippine
citizenship upon the filing of their certificate
of candidacy to terminate their status as
persons with dual citizenship.
'iling of certificate of candidacy is
sufficient to renounce foreign citizenship.
A Attac; on oneKs citizenship may be made
only through a direct and not collateral
attac;.
A "octrine of res 5udicata does not
ordinarily apply to @uestions of citizenship.
/(ception?
#: PersonKs citizenship is resolved by a
court or an administrative body as a material
issue in the controversy4 after fullAblown
hearing
&: Active participation of the Sol=en or his
representative
$: 'inding of citizenship is affirmed by the
SC
A Citizens of the Philippines
#: Citizens of the Philippines at the time of
the adoption of the #021 Constitution
&: 8hose fathers or mothers are citizens of
the Philippines
$: orn before Eanuary #14 #01$4 of
'ilipino mothers4 who elect Philippines
citizenship upon reaching the age of
ma5ority
/lection stated in a statement to be
signed and sworn to by the party concerned
before any official authorized to administer
oath.
'iled with the nearest Civil %egistry
Accompanied with the -ath of
Allegiance to the Constitution and the
=overnment
8ithin $ years from reaching the age of
ma5ority e(cept when there is 5ustifiable
reason for delay.
"octrine of *mplied /lection e(ercise
of right of suffrage and participation in the
election e(ercises
%ight is available to the child as long as
the mother was a 'ilipino citizen at the time
of the marriage to the alien4 even if by
reason of such marriage4 she lost her
Philippine citizenship and even if the mother
was not a citizen at time of birth.
%ight to elect Philippine citizenship is an
inchoate right
"uring his minority4 child is an alien.
Apply only to legitimate children.
*f the child is illegitimate4 he follows the
status and citizenship of his ;nown parent4
the mother.
,: Naturalization
A +odes of Naturalization
"irect
#: Eudicial or administrative proceedings
&: Special act of legislature
$: Collective change of nationality4
resulting from cession or sub5ugation
,: Adoption of orphan minors as nationals
of the State where they were born
"erivative
#: Alien woman upon marriage to a
national
&: +inor children of naturalized person
$: 8ife of naturalized husband
,#
A "octrine of *ndelible Allegiance?
individual may be compelled to retain his
original nationality even if he has already
renounced or forfeited it under the laws of
the second State whose nationality he has
ac@uired.
A <ualifications?
#: Not less than &# at the date of the
hearing)
&: %esided in the Philippines for a
continuous period of #J years
%educed to . years *'
#: orn in the Philippines
&: Donorably held office in =overnment
$: *ntroduced a useful invention or
established a new industry
,: /ngaged as a teacher in the Philippines4
public or private school 9e(cept those
established for the e(clusive instruction of
persons of a particular nationality: or in any
branches of education or industry for a
period of not less than & years
$: =ood moral character) believes in the
underlying principles of the Constitution)
conducted himself in a proper and
irreproachable manner during his residency
,: -wn real estate in the Philippines not
less than P.4JJJ4 have some lucrative trade4
profession or lawful occupation
.: Spea; and write /nglish!Spanish!any
principal Philippine languages
3: /nrolled his minor children of school
age to public!private schools recognized by
the =overnment4 where Philippine history4
government and civic are taught
A "is@ualifications?
#: -pposed to organized government or
affiliated with any association of
groups!persons who uphold and teach
doctrines opposing all organized
governments
&: "efending or teaching the propriety of
violence4 personal assault4 assassination for
the success or predominance of ideals
$: Polygamists or believers
,: Convicted of a crime involving moral
turpitude
.: Suffering from mental alienation or
incurable contagious disease
3: 8ho4 during the period of their
residence4 have not mingled socially with
'ilipinos or who have not evinced a sincere
desire to learn and embrace the customs4
traditions and ideals of the 'ilipinos
1: Citizens and sub5ects of nations with
whom the Philippines is at war4 during the
period of such war
2: Citizens and sub5ects of foreign country
whose law does not grant 'ilipinos the right
to become naturalized citizens
A Procedure
#: 'ile declaration of intention with Sol=en
one year prior to the filing of the petition
/(ception?
#: orn in the Philippines and received
primary and secondary education in public
or private schools recognized by the
=overnment and not limited to particular
race
&: %esided in the Philippines for $J years
or more before the petition and enrolled his
children to elementary and high schools
recognized by the =overnment and not
limited to particular race
$: 8idow and minor children if an alien
who has declared his intention to become a
citizen of the Philippines and dies before he
is actually naturalized.
&: 'ile petition R affidavit of & credible
persons4 citizens of the Philippines who
personally ;now the petitioner4 as character
witness
$: Publication of petition
Eurisdictional
Published in -= or in a newspaper of
general circulation once a wee; for three
consecutive wee;s
,: Actual residence during the entire
proceedings
.: Dearing
3: Promulgation of the decision
,&
1: Dearing after & years 9Probation period
of & years:
Not left the Philippines
"edicated himself continuously to a
lawful calling!profession
Not been convicted of any offense or
violation of rules
Not committed any act pre5udicial to the
interest of the nation or contrary to any
=overnmentAannounced policies
2: -ath ta;ing and issuance of certification
A /ffects
#: >ests citizenship on wife if she herself
may be naturalized
&: +inor children born in the Philippines
before naturalization shall also be
considered citizens
$: +inor children born outside the
Philippines but residing in the Philippines at
the time of naturalization shall also be
considered citizens
,: +inor children born outside the
Philippines shall be citizens only during
minority4 unless he begins to reside
permanently in the Philippines
.: Child born outside the Philippines4 after
the naturalization of the parents shall be
considered citizens4 Provided he registers as
such before any Philippine consulate within
one year after attaining ma5ority age and
ta;es his oath of allegiance
A =rounds for "enaturalization
#: Naturalization certificate obtained
fraudulently or illegally
&: *nvalid declaration of intention
$: +inor children failed to graduate
through the fault of parents
,: Allowed himself to be used as dummy
.: *f within . years he returns to his native
country or some foreign country and
establishes residence there
A #Ayear stay in native country or &Ayear
stay in a foreign country is prima facie
evidence of intent to ta;e up residence
A /ffects of "enaturalization? if the
ground affects the intrinsic validity of the
proceedings4 the denaturalization will divest
wife and children) if ground is personal to
the denaturalized 'ilipino4 his wife and
children shall retain Philippine citizenship.
A Naturalization by direct legislative
action discretionary on Congress) usually
for aliens who made outstanding
contributions to the country
A Administrative Naturalization grant
Philippine citizenship by administrative
proceedings to aliens born and residing in
the Philippines
Special Committee on Naturalization A
Sol=en 9Chairman:4 Sec of 'A and National
Security Adviser power to approve4 re5ect
or deny applications
<ualifications
#: orn in the Philippines and residing
therein since birth
&: Not less than #2 at the time of filing
$: =ood moral character) believes in the
underlying principles of the Constitution)
conducted himself in a proper and
irreproachable manner during his residency
,: %eceived primary and secondary
education in any public!private school
recognized by "/CS4 where Philippine
history4 government and civics is taught and
not limited to any race!nationality) Provided
that where he has minor children4 must be
enrolled in similar schools
.: Lnown trade4 business4 profession or
lawful occupation from which he derives
income sufficient to support himself and
family
N!A to college degree holders who are
dis@ualified from practicing their profession
due to citizenship re@uirements
3: Able to read4 write and spea; 'ilipino or
any of the dialects
1: +ingled with 'ilipinos and evinced a
sincere desire to learn and embrace the
customs and traditions and ideals of the
'ilipino people
,$
A Procedure
#: 'ile with Special Committee a petition
&: Publication of pertinent portions of the
petition once a wee; for $ consecutive
wee;s in newspaper of general circulation
$: Posting of copies in public or
conspicuous areas
,: 'urnish copies to following agencies
who shall post copies of the petition in any
public or conspicuous areas in their building
officers and premises and within $J days
submit to Committee a report stating
whether or not petitioner has any derogatory
record on file
"'A
ureau of *mmigration and "eportation
Civil registrar of petitionerKs place of
residence
N*
.: 8ithin 3J days from receipt of agenciesK
report4 Committee shall consider and review
all information.
3: *f Committee receives any adverse
information4 Committee shall allow
petitioner to answer4 e(plain or refute the
petition
1: "eny or Approve petition
2: 8ithin $J days from approval4 petitioner
pays P#JJ4JJJ4 ta;e oath of allegiance and
certificate of naturalization shall issue.
0: 8ithin . days from ta;ing oath4 o*
shall forward copy of oath to the proper
local civil registrar and cancel petitionerKs
alien certificate of registration.
A Status of Alien 8ife and +inor Children
+ay filed a petition for cancellation of
their alien certificate of registration.
*f applicant is a married woman4
husband may not benefit. ut minor children
may avail of the right to see; the
cancellation of alien certificate of
registration.
A Cancellation of the Certificate of
Naturalization
#: Naturalized person or representative
made any false statement or
misrepresentation or obtained citizenship
fraudulently or illegally or committed any
violation of the law4 rules or regulations
&: w!in . years shall establish permanent
residence in a foreign country
o #Ayear stay in native country or &Ayear
stay in a foreign country is prima facie
evidence of intent to ta;e up residence
$: Allowed himself4 wife or children with
ac@uired citizenship to be used as dummy
,: De4 his wife or children commits any act
inimical to national interest
Loss and %eac@uisition of Philippine
Citizenship
A Loss of Citizenship
#: Naturalization in a foreign country
A %A 0&&.
&: y e(press renunciation of citizenship
$: y subscribing to an oath of allegiance
to support the Constitution or laws of a
foreign country upon attaining &# years of
age
A Principle of *ndelible Allegiance
'ilipino may not divest himself of Philippine
citizenship in this manner while Philippines
is at war with any country
,: y rendering service or accepting
commission in the armed forced of a foreign
country
A /(ceptions?
#: Philippines has a defensive and!or
offensive pact of alliance with the said
foreign country
&: 'oreign country maintains armed forces
in the Philippine territory with consent of
the %epublic
.: y cancellation of the certificate of
naturalization
3: y having been declared by competent
authority a deserter of the Philippine armed
forces in time of war
A %eac@uisition of Citizenship
#: 7a;ing the oath of allegiance re@uired of
former naturalAborn Philippine citizens who
may have lost their citizenship by reason of
,,
their ac@uisition of the citizenship of a
foreign country
&: Naturalization provided that he
possesses none of the dis@ualifications
$: %epatriation or deserters of the Army4
Navy or Air Corps) a woman who has lost
her citizenship by reason of marriage may
be repatriated after termination of marital
status
A %epatriation ta;es effect as of the date of
filing of his application.
A /ffect of repatriation is to allow the
person to recover or return to his original
status before he lost his Philippine
citizenship.
,: "irect act of Congress
*III. THE LEGISLATI*E
,EPART-ENT
A Legislative power the power to
propose4 enact4 amend and repeal laws
A >ested in Congress e(cept to the e(tent
reserved to the people by the provision in
initiative and referendum
People can directly propose and enact
laws or approve or re5ect any act or law or
part thereof passed by the Congress or local
legislative body after the registration of a
petition thereof signed by at least #J per
centum of the total number of registered
voters4 of which every legislative district
must be represented by at least $ per centum
of the registered voters.
*nitiative power of the people to
propose amendments to the Constitution or
to propose and enact legislation through an
election called for that purpose.
#: *nitiative on the Constitution
&: *nitiative on Statutes
$: *nitiative on local legislation
*ndirect *nitiative e(ercise of initiative
by the people through a proposition sent to
Congress or local legislative body for action
%eferendum power of the electorate to
election called for that purpose.
#: %eferendum on Statutes
&: %eferendum on local legislation
A Prohibited measures
#: Petition embracing more than one
sub5ect
&: *nvolving emergency measures4 the
enactment of which is specifically vested in
Congress by the Constitution4 cannot be
sub5ect to referendum4 until 0J days after
effectivity
A Local *nitiative4
Not less than &4JJJ registered voters in
case of autonomous regions
#4JJJ in provinces
and cities
#JJ in
municipalities
.J in baranagays
'ile a petition with %egional Assembly
or local legislative body
A Limitation on Local *nitiative
#: /(ercised not more than once a year
&: /(tend only to sub5ects or matters which
are within the legal powers of the local
legislative body to enact
$: *f at any time before the initiative is
held4 the local legislative body shall adopt in
toto the proposition presented4 the initiative
shall be cancelled
A Composition of Congress? Senate and
Douse of %epresentative
A Senate? &, senators4 elected at large by
@ualified voters
<ualifications
#: NaturalAborn
&: -n the day of the election4 at least $.
years of age
$: Able to read and write
,: %egistered voter
.: %esident of the Philippines for not less
than & years immediately preceding the day
of the election
7erm? 3 years4 commencing at noon on
$J
th
day of Eune ne(t following their election
,.
Limitation? no senator shall serve for
more than & consecutive terms. >oluntary
renunciation of office for any length of time
shall not be considered as an interruption in
the continuity of his service for the full term
for which elected.
A Douse of %epresentatives? not more than
&.J4 unless otherwise provided by law
Composition
#: "istrict representative
&: PartyAlist representative
$: Sectoral representative
Apportionment of legislative district is a
5usticiable @uestion
o 9Provinces and cities and +etro +anila
area: Apportionment shall be made in
accordance with the number of respective
inhabitants on the basis of a uniform and
progressive ratio.
o /ach city with not less than &.J4JJ
inhabitants entitled to at least # rep
o /ach province4 irrespective of number of
inhabitants entitled to at least # rep
/ach legislative district shall comprise4
as far as practicable4 compact4 contiguous
and ad5acent territory.
Congress to ma;e reapportionment of
legislative districts within $ years following
return of every census.
Constitution does not preclude Congress
from increasing its membership by passing a
law other than a general apportionment law.
%eapportionment of legislative districts
may be made through a special law.
<ualifications?
#: NaturalAborn 'ilipino citizen
&: At the day of the election4 at least &.
years old
$: Able to read and write
,: /(cept the partyAlist representative4 a
registered voter in the district in which he
shall be elected
.: %esident thereof for not less than # year
immediately preceding the day of the
election
Principles
#: +inor follows domicile of parents
&: "omicile of origin is lost only when
there is
a. actual removal or change of domicile
b. bona fide intention of abandoning the
former residence and establishing a new one
c. acts which corresponds with the purpose
$: 8ife does not automatically gain
husbandKs domicile
7D/-%O -' L/=AL *+P-S**L*7O
E. 'rancisco 9A@uino v. Comelec:
*mmigration to the 6S by virtue of a
Bgreen cardC constitutes abandonment of
domicile in the Philippines. 9Caasi vs.
C-+/L/C:
7erm? $ years4 commencing at noon on
the $J
th
day of Eune ne(t following their
election4
Limitation? shall not serve for more than
$ consecutive terms.
A PartyAList System? mechanism for
proportional representation
Party? political party4 sectoral party or
coalition of parties
Political Party? organized group of
citizens advocating an ideology or platform4
principles and policies for the general
conduct of government and which4 as the
most immediate means of securing their
adoption4 regularly nominates and supports
certain of its leaders and members as
candoidates for public office.
National Party? constituency is spread
over the geographical territory of at least a
ma5ority of the regions.
%egional Party? constituency is spread
over the geographical territory of at least a
ma5ority of the cities and provinces
comprising the region.
Sectoral Party? 9L6'/PA8D*PA>O:
organized group of citizens belonging to any
of the following? labor4 urban poor4
fisherfol;4 elderly4 peasants4 women4
handicapped4 indigenous cultural
,3
communities4 overseas wor;ers and
professionals4 veterans and youth.
Sectoral -rganization? group of citizens
or a coalition of groups of citizens who
share similar physical attributes4
characteristics4 employment4 interest or
concern.
Coalition? aggrupation of duly registered
national4 regional4 sectoral parties or
organization for political and!or election
purposes.
A %egistration!+anifestation to Participate
in the PartyAList System
0J days prior to election4 petition
verified by its President or Secretary
*f already registered4 file instead a
manifestation of its desire to participate in
the partyAlist system
A %efusal and!or Cancellation of
%egistration 9motu proprio or upon verified
complaint filed by any interested party) after
due notice and hearing:
#: %eligious sect!denomination
&: Advocate violence to attain goal
$: 'oreign party!organization
,: %eceives support from foreign party!org
.: "eclares untruthful statement in its
petition
3: >iolates or fails to comply with election
laws4 rules and regulations
1: 'ailed to participate in the last &
preceding elections or fails to obtain at least
&H of the votes cast under the partyAlist
system in the & preceding elections for the
constituency in which it has registered
2: Ceased to e(ist for at least # year
A Nomination of a partyAlist
representative? each registered party4
organization or coalition must submit a list
of names to the C-+/L/C not later than ,.
days before the election.
Not less than .
-nly persons who have given their
consent may be included in the list
Not include any candidate for elective
position4 or who lost the immediately
preceding election
No change allowed e(cept?
#: "ies
&: 8ithdraws in writing
$: ecomes incapacitated
*ncumbent who are nominate are N-7
considered resigned.
A <ualifications of a PartyAlist nominee
#: NaturalAborn citizen
&: Able to read and write
$: %egistered voter
,: %esident of the Philippines at least #
year immediately preceding the day of the
election
.: ona fide member of the
party!organization which he see;s to
represent at least 0J days preceding the day
of the election
3: At least &. years old at the day of the
election
1: Oouth sector at least &. but not more
than $J. *f during his term reaches the age of
$J4 he shall be allowed to continue until
e(piration of term.
A +anner of >oting every voter entitled
to two votes4 # for member of the Douse and
# for the party4 organization or coalition.
A Number &JH of the total number of
the members of the Douse including those
under the partyAlist.
*n determining the allocation of seats for
the second vote?
#: Parties4 organizations and coalitions
shall be ran;ed from the highest to the
lowest cased on the number of votes they
garnered during the election
&: Parties4 organizations and coalitions
receiving at least &H of the total votes cast
for the partyAlist system shall be entitled to
#Aseat each4 those garnering more than &H
of the votes shall be entitled to additional
seats in proportion to their total number of
votes
,1
$: /ach party4 organization or coalition
shall be entitled to not more than $ seats
, inviolable parameters?
#: &JH allocation? combined number of all
partyAlist congressmen shall not e(ceed &JH
of the total membership of the Douse
&: &H threshold? only those parties
garnering a minimum of &H of the total
valid votes cast for the partyAlist system are
@ualified to have a seat
$: $Aseat limit? each @ualified party4
regardless of the number of votes it actually
obtained4 is entitled to a ma(imum of $ seats
,: Proportional representation? additional
seats which a @ualified party is entitled to
shall be computed Bin proportion to their
number of votes.C
*n order that a political party registered
under the partyAlist system may be entitled
to a seat in the Douse?
#: %epresent the marginalized and underA
represented sector
&: +a5or political parties must comply with
this statutory policy
$: Constitutional prohibition against
religious sect
,: Not dis@ualified under %A10,#
.: Not ad5unct or pro5ect funded by
government
3: Party and its nominees must comply
with the re@uirements of the law
1: Nominee must also represent the
marginalized and underArepresented sector
2: Nominee must be able to contribute to
the formulation and enactment of
appropriate legislation
A Choosing PartyAList %epresentative?
proclaimed by C-+/L/C based on a list of
names submitted by respective parties4
according to their ran;ing in the list.
A /ffect of Change of Affiliation
Changes affiliation during term
forfeiture of seat
*' w!in 3 months before election4 he
shall not be eligible for nomination under
new party
A >acancy automatically filled by the
ne(t rep from the list of nominees and shall
serve for the une(pired term. *f the list is
e(hausted4 the party4 organization or
coalition shall submit additional nominees.
A 7erm of -ffice? term of $ years and shall
be entitled to same salaries and emoluments
as regular members of the Douse.
/lection
%egular? &
nd
+onday of +ay
Special? to fill a vacancy) serve for the
une(pired term
Salaries
"etermined by law.
No increase in said compensation shall
ta;e effect until after the e(piration of the
term of all the members of the Senate and
Douse approving such increase.
Privileges
#: 'reedom from Arrest
-ffenses punishable by not more than 3
years imprisonment4 be privileged from
arrest while Congress is in session.
&: Privilege of Speech and of "ebate
Not be @uestioned nor be held liable in
any other place for any speech!debate in the
Congress or in any committee.
Deld to account for such speech or
debate by the Douse to which he belongs
"is@ualifications
#: *ncompatible -ffice
Not hold any other office or employment
'orfeiture of the seat in Congress
automatically upon assumption of
incompatible office.
N!A if he holds the government office in
an e( officio capacity
&: 'orbidden -ffice
Neither shall he be appointed to any
office which may have been created or the
emoluments thereof increased during the
term for which he was elected.
,2
Last only for the duration of the term for
which the member of Congress was elected.
-ther *nhibitions
not personally appear as counsel before
any court4 /74 @uasiA5udicial or other
administrative bodies
not be directly or indirectly interested
financially in any contract with4 or any
franchise or special privilege granted by the
=overnment
not intervene in any matter before any
office of the =overnment for his pecuniary
benefit or where he may be called upon to
act on account of his office.
Session
%egular? convene once a year on the ,
th
+onday of Euly unless a different date is
fi(ed by law) and shall continue for such
number of days as it may determine until $J
days before the opening of its ne(t regular
session4 e(clusive of Saturdays4 Sundays
and legal holidays.
Special? call by president usually to
consider legislative measure which the
President may designate in his call
Eoint
#: >oting Separately
a. Choosing the president
b. "etermine disability of the president
c. Confirming nomination of >P
d. "eclaration of the e(istence of a state of
war
e. Proposing constitutional amendments
&: >oting Eointly
a. %evo;e!e(tend proclamation suspending
the privilege of the writ of DC
b. -r placing the Philippines under martial
law
Ad5ournment neither Douse during the
sessions of the Congress shall4 without the
consent of the other ad5ourn for more than $
days nor to any other place than that in
which the & Douses shall be sitting.
-fficers
Senate elects its President
Douse elects its Spea;er
/ach nay choose such other officers as it
may deem necessary
<uorum
+a5ority of each Douse
ut a smaller number may ad5ourn from
day to day and may compel the attendance
of absent +embers in such manner and
under such penalties as such Douse may
determine
<uorum in the Senate shall be the total
number of Senators who are in the country
and within the coercive 5urisdiction of the
Senate.
%ules of Proceedings
/ach Douse determined the rules of its
proceedings.
"iscipline of +embers
Douse may punish its members for
disorderly behavior4 and with concurrence of
&!$ of all its members4 suspend 9for not
more than 3J days: or e(pel a member.
"etermination of acts which constitute
disorderly behavior is within the full
discretionary authority of the Douse
concerned4 and the Court will not review
such determination4 the same being a
political @uestion.
%ecords and oo;s of Accounts
Preserve and open to public
oo;s shall be audited by C-A which
shall publish annually an itemized list of
amounts paid to and e(penses incurred by
each member.
Legislative Eournal and Congressional
%ecords
/ach Douse shall ;eep a Eournal of its
proceedings4 and from time to time publish
,0
the same4 e(cepting such parts as may4 in its
5udgment4 affect national security)
And the yeas and nays on any @uestion
shall4 at the re@uest of #!. of the +embers
present4 be entered in the Eournal.
/ach Douse shall also ;eep a %ecord of
its proceedings.
+atters which under the Constitution are
to be entered in the 5ournal?
a. Oeas and nays on $
rd
and final reading of
a bill
b. >eto message of the President
c. Oeas and nays on the repassing of a bill
vetoed by the President
d. Oeas and nays on any @uestion at the
re@uest of #!. of members present.
/nrolled ill 7heory? enrolled bill is one
duly introduced and finally passed by both
Douses4 authenticated by the proper officers
of each and approved by the President.
/nrolled ill prevails4 e(cept to matters
which under the Constitution must be
entered in the Eournal.
/lectoral 7ribunals
Composition
a. $ SC Eustices designated by CE4 the
senior 5ustice shall be the chairman
b. 3 members of the house4 chosen on the
basis of proportional representation from the
political parties registered
NonApartisan court) independent of
Congress
7ermination of +embership?
a. /(piration of congressional term
b. "eath
c. %esignation from political party
d. 'ormal affiliation to another political
party
e. %emoval for other valid causes
Cannot dis@ualify senatorAmember 5ust
because election contest is filed against him.
9Abbas vs. Senate /7:
"octrine of Primary Administrative
Eurisdiction4 prior recourse to the Douse is
necessary before the case may be brought to
the Court.
Power? sole 5udge of all contests relating
to the election4 returns and @ualifications of
their respective members.
D%/7 may assume 5urisdiction only
when after the winning candidate shall have
been duly proclaimed4 has ta;en oath of
office4 and has assumed functions of the
office.
"ecisions may be reviewed by SC by
showing grave abuse of discretion in a
petition for certiorari filed under %3..
Commission on Appointment
Composition
a. Senate President4 e(Aofficio chairman
b. #& senators
c. #& house
S b and c elected by each Douse on the basis
of proportional representation from the
political parties registered.
Powers act on all appointments
submitted to it within $J session days of
Congress from their submission.
Shall rule by ma5ority vote of its
members
+eet only while Congress is in session
At the call of its Chairman or ma5ority of
all its members
*ndependent of the & Douses and has the
power to promulgate its own rules of
proceedings.
Powers of Congress
#. =eneral 9plenary: legislative power
A Limitations?
#. Substantive
A /(press
a. ill of rights
b. Appropriations
c. 7a(ation
d. Constitutional appellate 5urisdiction of
SC
.J
e. No law granting a title of royalty or
nobility shall be passed
A *mplied
a. NonAdelegation of powers
b. Prohibition against the passage if
irrepealable laws
&. Procedural
a. -nly one sub5ect to be e(pressed in the
title
A 7itle is not re@uired to be an inde( of the
contents of the bill
A Sufficient compliance if the title
e(presses the general sub5ect and all the
provisions of the statute are germane to thee
sub5ect
A Sufficient if the title is comprehensive
enough4 as in this case4 to include sub5ects
related to the general purpose which the
statute see;s to achieve.
A %ider is a provision not germane to the
sub5ect matter of the bill.
b. 7hree readings on separate days
A Printed copies of bill in its final form
distributed to +embers $ days before its
passage
A /PC/P7 when the President certifies to
its immediate enactment to meet a public
calamity or emergency
A 6pon last reading4 no amendment
allowed4 and vote thereon ta;en immediately
and the yeas and nays entered in the 5ournal
A Presidential certification dispensed with
the re@uirement not only of printing but also
that of reading the bill on separate days.
$. Legislative Process
A %e@uirements as to bill
-nly # sub5ect to be e(pressed in the
title
Appropriation4 revenue bills4 tariff bills4
bills of local application4 bills authorizing
increase of public debts and private bills
shall originate e(clusively in the Douse of
%epresentative.
*t is not the law4 but the bill4 which is
re@uired to originate e(clusively in the
Douse4 because the bill may undergo such
e(tensive changes in the Senate that the
result may be a rewriting of the whole.
7he Constitution does not prohibit the
filing in the Senate of a Bsubstitute billC in
anticipation of its receipt of the bill from the
Douse4 so long as the action by the Senate as
a body is withheld pending receipt of the
Douse bill.
A Procedure? passed $ readings on separate
days4 and printed copies in its final form
have been distributed to its +embers $ days
before its passage /PC/P7 when President
certifies to the necessity of its immediate
enactment to meet a public calamity or
emergency.
Courts are denied the power to in@uire
into allegations that4 in enacting a law4 a
Douse of Congress failed to comply with its
own rules4 in the absence of any showing
that there was a violation of constitutional
re@uirements or the rights of private
individuals.
*t is within the icameral Conference
Committee to include in its report an
entirely new provision that is not found
either in the Douse or Senate bill.
*f the Committee can propose an
amendment consisting of # or & provisions4
there is no reason why it cannot propose
several provisions4 collectively considered
as Ban amendment in the nature of a
substituteC so long as the amendment is
germane to the sub5ect of the bills before the
Committee.C
Eurisdiction of the Conference
Committee is not limited to resolving
differences between the Senate and the
Douse versions of the bill. *t may propose an
entirely new provision.
A Approval of ills
7he bill becomes a law in the following
cases?
a. President approves the same and signs it.
b. Congress overrides the Presidential veto
if the President disapproves the bill4 he
shall return the same4 with his ob5ections
.#
contained in his >eto message to the Douse
of origin 9which shall enter the ob5ections at
large in its Eournal:. 7he veto is overridden
upon a vote of &!$ of all members of the
Douse of origin and the other Douse. Oeas
and Nays entered in the Eournal of each
Douse.
o No poc;et veto.
o Partial veto4 as a rule4 is invalid. *t is
allowed only for particular items in an
appropriation4 revenue or tariff bill. 7he
President cannot veto part of an item in an
appropriation bill while approving the
remaining portion of the item.
o Legislative >eto a congressional veto
is a means whereby the legislature can bloc;
or modify administrative action ta;en under
a statute. *t is a form of legislative control in
the implementation of particular e(ecutive
action. *t may be negative 9sub5ecting the
e(ecutive action to disapproval by
Congress: or affirmative 9re@uiring approval
of the e(ecutive action by Congress:
c. 8hen the President fails to act upon the
bill for $J days from receipt thereof4 the bill
shall become a law as if he had signed it.
&. Power of Appropriation
Spending power called the Bpower of the
purseC belongs to Congress sub5ect only to
the veto power of the President.
*t is the President who proposes the
budget4 the final say on the matter of
appropriation is lodged in Congress.
7he power of appropriation carries with
it the power to specify the pro5ect!activity to
be funded under the appropriation law.
Need for appropriation BN- money
shall be paid out of the 7reasury e(cept in
pursuance of an appropriation made by law.C
*ndispensable re@uisites or condition
sine @ua non for the e(ecution of
government contracts?
a. /(istence of appropriation
b. Availability of funds
Appropriation law a statute the
primary and specific purpose of which is to
authorize the release of public funds from
the 7reasury.
Classification?
#: =eneral Appropriations Law passed
annually4 for the financial operations of the
government.
&: Special Appropriations Law for
specific purpose
*mplied Limitation on Appropriation
+easures
#: Appropriation must be devoted to public
purpose
&: Sum authorized to be released must be
determinate or at least determinable
"ecree do not specify the specific
amounts to be paid4 the amounts are
nevertheless made certain by the legislative
parameters provided in the decrees.
7he mandate being only to pay the
principal4 interest4 ta(es and other normal
ban;ing charges.
Constitutional Limitation on Special
Appropriation +easure
#: Specify the public purpose for which the
sum is intended
&: +ust be supported by funds actually
available as certified to by the National
7reasurer or to be raised by a corresponding
revenue proposal included therein.
Constitutional %ules on =eneral
Appropriations Law?
Congress may not increase the
appropriations recommended by the
President for the operation of the
=overnment.
7he form4 content and manner of
preparation of the budget shall be prescribed
by law.
No provision or enactment shall be
embraced unless it relates specifically to
some particular appropriation. Any such
provision or enactment shall be limited in its
operation to the appropriation to which it
relates. 7his is intended to prevent riders or
irrelevant provisions included in the bill to
ensure its approval.
.&
i. Procedure for approving
appropriations for Congress shall strictly
follow the procedure for approving
appropriations for other departments and
agencies. 9to prevent sub rosa appropriation
by Congress:
ii. Prohibition against transfer of
appropriations
/(ception?
#: President
&: Senate President
$: Spea;er
,: Chief Eustice
.: Deads of Constitutional Commission
y law4 be authorized to augment any
item in the general appropriation law for
their respective offices from savings in other
items of their respective appropriations.
iii. Prohibition against appropriation for
sectarian benefit
/(ception? priest4 preacher4 minister or
dignitary is assigned to the armed forces or
to any penal institution or government
orphanage or leposarium.
iv. Automatic reappropriation
*f Congress failed to pass the general
appropriations bill for the ensuing year4 the
general appropriations bill for the preceding
fiscal year shall be deemed reAenacted until
said bill is passed.
*mpoundment the refusal by the
President for whatever reason to spend funds
made available by Congress. *t is the failure
to spend or obligate budget authority of any
type.
Appropriation %eserves the
Administrative Code authorizes the udget
Secretary to establish reserves against
appropriations to provide for contingencies
and emergencies which may arise during the
year.
7his is Be(penditure deferralC not
suspension4 since the agencies concerned
can still draw on the reserves if the fiscal
outloo; improves.
$. Power of 7a(ation
Limitations
#. uniform and e@uitable evolve a
progressive system of ta(ation
&. charitable institutions4 etc. and all lands4
buildings and improvements actually4
directly and e(clusively used for religious4
charitable or educational purposes shall be
e(empt from ta(ation.
$. all revenues and assets of nonAstoc;4
nonAprofit educational institutions used
directly4 actually and e(clusively for
educational purposes shall be e(empt from
ta(ation.
,. Law granting ta( e(emptions shall be
passed only with concurrence of ma5ority of
all members of Congress
,. Power of Legislative *nvestigation
Conduct in@uiries in aid of legislation.
%ights of persons appearing in or
affected by such in@uiries shall be respected.
Limitations
#. in aid of legislation
&. in accordance with duly published rules
of procedure
$. %ights of persons appearing in4 or
affected by such in@uiry shall be respected
Power to punish for contempt? Senate
being a continuing body may order
imprisonment for an indefinite period4 but
principles of due process and e@ual
protection will have to be considered.
.. <uestion Dour
Deads of the departments may upon their
own initiative with the consent of the
President -% upon the re@uest of wither
Douse4 as the rules of each Douse shall
provide4 appear before and be heard by the
Douse on any matter pertaining to their
departments.
8ritten @uestions submitted to the
Senate P or Spea;er4 $ days before the
scheduled appeared.
*nterpellations shall not be limited to the
written @uestions4 may cover matters related
thereto.
.$
8hen the security of the State or the
public interest so re@uires4 may be held in
e(ecutive session.
3. 8ar Powers
"eclaration of the e(istence of state of
war &!$ of both Douses in 5oint session4
voting separately
1. Power to act as oard of Canvassers in
election of President
2. Power to call a Special /lection for
President and >P
0. Power to 5udge the PresidentKs physical
fitness to discharge the functions of
Presidency
#J. Power to revo;e or e(tend suspension of
the privilege of the writ of DC or declaration
of martial law
##. Power to concur in Presidential
amnesties
Concurrence of ma5ority of all members
of the Senate
#&. Power to concur in treaties or
international agreements
&!$ of all the members of the Senate
#$. Power to confirm certain appointments
by the President
in the event of vacancy in the -ffice of
>P4 from among members of Congress
confirmed by ma5ority vote of all the
+embers of both Douses of Congress4
voting separately.
Nominations by President under Sec #34
Article 1 confirmed by Commission on
Appointments
#,. Power to impeachment
#.. Power relative to natural resources
#3. Power to propose amendments to the
Constitution
I5. E5ECUTI*E ,EPART-ENT
7he President
<ualifications
#. naturalAborn citizen
&. registered voter
$. able to read and write
,. on the day of the election4 at least ,J
years old
.. resident of the Philippines for at least #J
years immediately preceding such election
/lection
A %egular /lection? &
nd
+onday of +ay
A Congress as oard of Canvassers
%eturns of every election for President
and >P4 duly certified by oard of
Canvassers of each province or city shall be
transmitted to Congress directed to Senate
President.
SP4 upon receipt4 shall not later than $J
days after the day of the election4 open all
the certificates in the presence of the Senate
and Douse in 5oint public session.
Congress upon determination of the
authenticity and due e(ecution4 shall canvass
the votes.
Congress shall promulgate its own rules.
& or more candidates shall have an e@ual
and highest number of votes4 one of them
shall be chosen by a ma5ority vote of all
members of Congress.
A Congress has the authority to proclaim
the winning candidates for the position of
President and >ice President
A Congress may delegate the initial
determination of the authenticity and due
e(ecution of the certificate of canvass to a
Eoint Congressional Committee4 composed
of members of the Douse and Senate
A 7he decisions and final report of the
Committee shall be sub5ect to the approval
of the 5oint session of both Douses if
Congress4 voting separately.
A /ven if Congress has ad5ourned its
regular session it may continue to perform
this Constitutional duty of canvassing the
presidential and viceApresidential election
results without need of any call for a special
session by the President.
.,
A 7he 5oint public session cannot ad5ourn
sine die until it has accomplished its
constitutionally mandated tas;.
A No constitutional or statutory basis for
C-+/L/C to underta;e a separate and an
BunofficialC tabulation of results
descends to the level of private organization
while using public funds4 violates e(clusive
prerogative of NA+'%/L and taints
integrity of envelopes containing /% and the
/%s themselves.
A SC as Presidential /lectoral 7ribunal
SC4 en banc
Sole 5udge of all contests relating to the
election4 returns and @ualifications of the
President or >P
Promulgate its own rules
7erm of -ffice? 3 years
A No reAelection
A No person who has succeeded as
President and has served for more than ,
years shall be @ualified for election to the
same office at any time
Privileges
#. -fficial %esidence
&. Salary
A "etermined by law
A Shall not be decreased during tenure
A No increase shall ta;e effect until after
e(piration of the term of the incumbent
during which such increase was approved.
$. *mmunity from Suit
A President is immune from suit
A +ay not be prevented from instituting a
suit
A *mmune from civil liability
A After tenure4 cannot invo;e immunity
from suit for civil damages arising out of
acts done by him while he was President
which was not performed in the e(ercise of
official duties.
A "epartment Secretaries4 though alter
egos4 cannot invo;e PresidentKs immunity
from suit.
Prohibitions!*nhibitions
#. Not receive any other emoluments from
the government or nay other source
&. Not hold any other office or
employment4 unless provided in this
Constitution
A >P may be appointed to the Cabinet
without need of confirmation from
A Secretary of Eustice is e(Aofficio member
of Eudicial and ar Council
A Secretary of Labor e(Aofficio member
of -" of P/NA
A Secretary of 7C e(Aofficio Chairman
of PPA and L%7A
A Prohibition must not be construed as
applying to poses occupied by /(ecutive
officials without additional compensation in
an e(Aofficio capacity4 as provided by law
and as re@uired by the primary functions of
the said officialKs office. 7hese posts do not
comprise Bany other officeC but is an
imposition of additional duties and functions
on said official.
$. Not directly or indirectly practice any
other profession4 participate in any business
or be financially interested in any contract4
franchise or special privilege
,. Strictly avoid conflict of interest in the
conduct of their office
.. +ay not appoint Spouse or %elatives by
consanguinity or affinity within the fourth
civil degree as
a. +embers of Constitutional Commissions
b. -ffice of the -mbudsman
c. Secretaries
d. 6ndersecretaries
e. Chairman!heads of
bureaus!offices!=-CCs!subsidiaries
%ules on Succession
A >acancy at the /=*NN*N= of term
"/A7D or
P/%+AN/N7
>PAelect shall
become President
..
"*SA*L*7O of
President elect
PresidentAelect fails to
@ualify
>PAelect shall act
as President until
PresidentAelect
shall have @ualified
President shall not
have been chosen
>PAelect shall act
as President until
PresidentAelect
shall have been
chosen and
@ualified
No President and >P?
A Chosen
A <ualified
A oth died
A oth become
permanently disabled
Senate President or
in case of his
disability4 the
Spea;er of the
Douse shall act as
President until a
President or >P
shall been chosen
and @ualified.
*n case of inability
of both4 Congress
shall4 by law
provide for the
manner by which
one who is to act
as President shall
be selected until a
President or >P
shall have
@ualified.
A >acancy "6%*N= the term
"eath4 permanent disability4 removal
from office or resignation of President
>P shall become President
/lements of >alid %esignation?
#. intent to resign
&. act of relin@uishment
A 7emporary "isability
President transmits to Senate President
and Spea;er
Dis written declaration that he is unable
to discharge the powers and duties of his
office
6ntil he transmits a written declaration
to the contrary
Powers and duties shall be discharged by
the >P as Acting President
+a5ority of the members of the Cabinet
transmit to Senate President and Spea;er
8ritten declaration that the President is
unable to discharge the powers and duties of
his office
>P shall *++/"*A7/LO assume the
powers and duties of the office as Acting
President
*' President shall transmit written
declaration that no such disability e(ists
De shall reassume the powers and duties
of his office
*' ma5ority of the members of the
Cabinet transmit within . days to SP and
Spea;er their written declaration that the
President is unable to discharge the powers
and duties of his office4
Congress shall decide the issue
Congress shall convene within ,2 hours4
if not in session
w!in #J days from receipt of last
declaration -% if not in session w!in #& days
after it is re@uired to assemble Congress
determines by &!$ vote of both Douses4
voting separately
that President is unable >P shall act
as President) -therwise4 President shall
continue e(ercising the powers and duties of
his office.
Constitutional "uty of Congress in case of
>acancy in the -ffices of President and >P
A #J?JJam4 $
rd
day after the vacancy
occurs
A Congress shall convene without need of
call
A w!in 1 days enact a law calling for a
special election to elect a President and >P
.3
A election held not earlier than ,. days nor
later than 3J days from time of such call
A bill shall be deemed certified and shall
become law upon approval on $
rd
reading by
Congress
A convening cannot be suspended
A election cannot be postponed
A *' vacancy occurs w!in #2 months
before the date of the ne(t presidential
election N- special election
%emoval of President? *mpeachment
>iceAPresident
<ualifications
#. naturalAborn citizen
&. registered voter
$. able to read and write
,. on the day of the election4 at least ,J
years old
.. resident of the Philippines for at least #J
years immediately preceding such election
7erm? No >P shall serve for more than &
successive terms.
>acancy in >P
A President shall nominate a >P from
among members of Senate and Douse
A Assume office upon confirmation by a
ma5ority vote of all +embers of both
Douses of Congress4 voting separately
Powers of the President
#: /(ecutive Power
&: Power of Appointment
$: Power of Control
,: +ilitary Powers
.: Pardoning Power
3: orrowing Power
1: "iplomatic Power
2: udgetary Power
0: *nforming Power
#J: -thers
a. Call Congress to special session
b. Power to approve or veto bolls
c. Consent to deputation of government
personnel by C-+/L/C
d. "iscipline such deputies
e. /mergency powers4 by delegation from
Congress
f. =eneral supervision over L=s and
autonomous regional governments
/(ecutive Power
A /(ecutive Power? power to enforce and
administer the laws
A Power of carrying out the laws into
practical operation and enforcing their due
observance
A Authority to %eorganize the -ffice of
the President Bto achieve simplicity4
economy and efficiency.C
A Power to reorganize the -P under
Section $# 9#: of /- &0& 9Administrative
Code: President can reorganize the -P
proper by abolishing4 consolidating or
merging units or by transferring functions
from one unit to another
A Power to reorganize the -P under
Section $# 9&: and b9$: of /- &0&
9Administrative Code: power of the
President to reorganize offices outside of the
-P proper is limited to merely transferring
functions!agencies from -P to
"epartments!Agencies and v.v.
A *t is not for the President to determine
the validity of the law4 it is the function of
the 5udiciary. 6nless and until such law is
declared unconstitutional4 President has the
duty to e(ecute it.
Power of Appointment
A Nominate and with consent of the
Commission on Appointments4 appoint?
a. Deads of the e(ecutive departments
b. Ambassadors
c. -ther public ministers and consuls
d. -fficers of the armed forces from the
ran; of colonel or naval captain
.1
e. -ther officers whose appointments are
vested in him in this Constitution
A Appoint all other officers of the
=overnment whose appointments are not
otherwise provided by law
A Appoint those whom he may be
authorized by law to appoint.
A Congress may by law4 vest appointment
of other officers lower in ran; in the
a. President alone4
b. Courts
c. Deads of
departments!agencies!commissions!boards
A Appointment? selection4 by the authority
vested with the power4 of an individual who
is to e(ercise the functions of a given office.
"esignation? imposition of additional
duties4 usually by law4 to one who is already
in public service
Commission? written evidence of
appointment
A Classification of Appointments
a. Permanent e(tended to persons
possessing the re@uisite eligibility and are
protected by security of tenure
b. 7emporary e(tended to persons
without re@uisite eligibility4 revocable at
will4 without necessity of 5ust cause or valid
investigation
Not sub5ect to confirmation by
*f confirmation erroneously given4 will
not ma;e it a permanent appointment
"esignation is considered only an acting
or temporary appointment
c. %egular made by President while
Congress is in session
7a;es effect upon confirmation of
-nce approved4 continues until end of
term of the appointee
d. Ad interim made by President while

Congress is not in session
7a;es effect immediately but ceases to
be valid if disapproved by the Commission
on Appointments or upon ne(t ad5ournment
of Congress 9byApassed through inaction:
*ntended to prevent interruptions in vital
government services
Permanent and cannot be withdrawn by
the President once the appointee has
@ualified
*f disapproved by the Commission on
Appointments can no longer be e(tended
a new appointment) decision of the
Commission is final and binding
*f byApassed President is free to
renew the ad interim appointment
A -fficials who are appointed by the
President
"oes N-7 re@uire confirmation by C-A
a. Commissioner of Customs
b. Philippine Coast =uard
c. Chairman of Commission of Duman
%ights
d. NL%C Chairman and Commissioners
A Congress cannot by law re@uire
confirmation of appointments of government
officials other than those mentioned in the
Constitution
A Steps in the Appointing Power
a. Nomination by President
b. Confirmation by C-A
c. *ssuance of the Commission
A Appointment is deemed complete upon
acceptance) pending such acceptance4 the
appointment may still be validly withdrawn
A "iscretion of Appointing Authority
includes the determination of the nature ad
character of appointment
A *n case of vacancy in an office occupied
by an alter ego of the President4 e.g.
"epartment Secretary4 the President
necessarily appoint the alter ego of his
choice. Congress4 cannot by law4 compel the
President to appoint automatically the
undersecretary as his temporary alter ego.
An alter ego4 temporary or permanent4 holds
a position of great trust and confidence.
A Special Limitations on the PresidentKs
Appointing Power
.2
#. may not appoint his spouse or relatives
by consanguinity or affinity4 within the ,
th
civil degree as
a. members of Constitutional Commission
b. -mbudsman
c. Secretaries
d. 6ndersecretaries
e. Chairmen!heads of
bureaus!offices!=-CCs
&. appointments made by acting president
shall remain effective unless revo;ed by
elected President w!in 0J days from
assumption of office
$. & months immediately before the ne(t
presidential election and up to the end of his
term4 a President or acting President shall
not ma;e appointments /PC/P7 temporary
appointments to e(ecutive positions when
continued vacancies will pre5udice public
service or endanger public safety
No law that prohibits local e(ecutive
officials
,. Congress power to prescribe
@ualifications
.. Eudiciary may annul an appointment
made by President of the appointee is not
@ualified or has not been validly confirmed.
A Power of %emoval
*mplied from power of appointment
President cannot remove officials
appointed by him where the Constitution
prescribes certain methods for separation of
such officers from service
Chairman and commissioners of
Constitutional Commissions
impeachment
Eudges disciplining authority of SC
8here power of removal is lodged in
President?
a. Cause as may be provided by law
b. Prescribed administrative procedure
+embers of career service of the Civil
Service who are appointed by the President
may be directly disciplined by him
+embers of Cabinet and -fficers whose
continuity in office depends upon pleasure
of President replaced any time)
separation is not by removal but
/PP*%A7*-N of term.
Power of Control
A President shall have control of all
/(ecutive departments
ureaus
-ffices
A Control? power of an officer to alter4
modify4 set aside4 or nullify what a
subordinate had done in the performance of
his duties and to substitute the 5udgment of
the former for that of the latter.
Supervision? overseeing) the power of an
officer to see that subordinate officers
perform their duties4 and if the latter fails or
neglects to fulfill them4 then the former may
ta;e such action or steps as prescribed by
law to ma;e them perform these duties.
A Alter /go Principle!"octrine of
<ualified Political Agency
All e(ecutives and administrative
organizations are ad5uncts of the /(ecutive
department
7he heads of the various e(ecutive
departments are assistants and agents of the
Chief /(ecutive
And4 e(cept in cases where the Chief
/(ecutive is re@uired by the Constitution or
law to act personally -% the e(igencies of
the situation demand that he act personally4
the multifarious e(ecutive and
administrative functions of the Chief
/(ecutive are performed by and through the
e(ecutive departments4
And the acts of Secretaries4 performed
and promulgated in the regular course of
business are4 unless disapproved or
reprobated are presumptively the acts of the
Chief /(ecutive.
A President may e(ercise powers conferred
by law upon Cabinet members or
subordinate e(ecutive officers.
.0
A Power of the president to reorganize the
National =overnment may validly be
delegated to his Cabinet members e(ercising
control over a particular e(ecutive
department.
A Appeal to the President from decisions
of e(ecutive officers4 including Cabinet
members4 complete the e(haustion of
administrative remedies.
/(ception? "octrine of <ualified
Political Agency applies4 in which case the
decision of Cabinet Secretary carries the
presumptive approval of the President4 thus
there is no need to appeal to the President.
A Power of control may be e(ercised over
the acts4 N-7 over the actors
A Power of control of Secretary of Eustice
over prosecutors
"ecisions!%esolutions of prosecutors are
sub5ect to appeal to the Secretary of Eustice
who e(ercises power of direct control and
supervision over prosecutors.
8here Secretary e(ercises power of
review only after an information is filed4 7C
should defer or suspend arraignment and
other proceedings until appeal is resolved.
D-8/>/%4 the 7C is not ipso facto bound
by the resolution of the Secretary4 because
5urisdiction4 once ac@uired is not lost despite
the resolution of the Secretary to withdraw
the information or to dismiss the case.
A Power of general supervision over local
governments.
A President can only interfere in the affairs
and activities of a local government unit of
he finds that the latter had acted contrary to
law.
-therwise4 violative of local autonomy.
A Local fiscal autonomy? automatic release
of L=6 shares in the national internal
revenue.
A
+ilitary Powers
A CommanderAinAChief of all armed forces
of the Philippines
A *f necessary4 he may call out such armed
forces to prevent or suppress lawless
violence4 invasion or rebellion.
A *n case of invasion or rebellion4 when
public safety re@uires it4 he may4 for a period
not e(ceeding 3J days4 suspend the privilege
of the writ of DC or place the Philippines or
any part thereof under martial law.
A CommanderAinAChief Clause
Conduct of saturation drives or areal
target zoning
/(ercises discretionary power
-nly criterion4 Bwhenever it becomes
necessaryC
"iscretionary authority to declare state
of rebellion
Court may only loo; into the sufficiency
of the factual basis for the e(ercise of the
power.
+ere declaration of a state of rebellion
cannot diminish or violate constitutionally
protected rights
Power to organize courts martial for the
disciple of members of the armed forces
Power to create military commissions
for the punishment of war criminals
+ilitary tribunals cannot try civilians
when civil courts are open and functioning
+embers of the PNP are not within the
5urisdiction of the military court
%A 1J..4 lawma;ers intended to return
to civilian courts 5urisdiction over offenses
that have traditionally within their
5urisdiction but did not divest the military
courts 5urisdiction over cases mandated by
the Article of 8ar
a. "isrespect towards the President
b. "isrespect towards Superior -fficer
c. Sedition!+utiny
d. Conduct 6nbecoming an -fficer and a
=entleman
e. =eneral Articles of the Articles of 8ar
A Suspension of the privilege of the writ of
DC
3J
=rounds? invasion or rebellion4 when
public safety re@uires it
"uration? not to e(ceed 3J days4 unless
e(tended by Congress
"uty of President to %eport action to
Congress? w!in ,2 hours4 personally or in
writing
Congress may revo;e or e(tend by a
ma5ority vote of all its members4 voting
5ointly
SC may review upon proceeding filed by
any citizen4 as to the sufficiency of factual
basis. *t must promulgate its decision w!in
$J days from its filing.
Suspension does not impair the right to
bail.
Suspension applies to persons 5udicially
charged for rebellion or offenses inherent in
or directly connected with invasion
"uring suspension4 any person thus
arrested shall be 5udicially charged w!in $
days4 otherwise he shall be released.
A +artial Law
N-7 Suspend operation of the
Constitution
N-7 Supplant the functioning of civil
courts or legislative assemblies
N-7 authorize conferment of
5urisdiction on military courts and agencies
over civilians where civil courts are able to
function
N-7 automatically suspend the privilege
of the writ
Pardoning Power
A /(cept in cases of *+P/ACD+/N7 or
AS -7D/%8*S/ P%->*"/" *N 7D/
C-NS7*767*-N
A +ay grant4 after conviction by final
5udgment
a. %eprieves
b. Commutations
c. Pardons
d. %emit fines and forfeitures
A +ay grant Amnesty with concurrence of
a ma5ority of all members of the Congress
A Pardon? act of grace which e(empts the
individual from punishment that the law
inflicts upon the crime he has committed
A Commutation? reduction or mitigation of
penalty
A %eprieve? postponement of sentence!
stay of e(ecution
A Parole? release from imprisonment but
still in custody of law although not in
confinement
A Amnesty? act of grace4 with concurrence
of legislature4 usually e(tended to group of
persons who committed political offenses4
puts into oblivion the offense itself
A "iscretionary e(ercise by the President
A Cannot be controlled by Legislature or
reversed by courts unless there is a
constitutional violation.
A Limitations?
#: Cannot be granted in cases of
impeachment
&: Cannot be granted in cases of violation
of election offenses w!o favorable
recommendation of C-+/L/C
$: Cannot be granted in cases of legislative
contempt or civil contempt
,: Cannot absolve civil liability
.: Cannot restore public offices forfeited
A /(ceptions? on consideration of 5ustice
and e@uity4 entitled to reinstatement 9Sabello
vs. "/CS:
3: -nly after conviction by final 5udgment
A Classification of Pardon?
#: Plenary or partial
&: Absolute or conditional
Conditional pardon is in the nature of a
contract between the Chief /(ecutive and
the convicted criminal.
y the pardoneeKs consent to the terms
stipulated in the contract4 the pardonee has
placed himself under the supervision of the
Chief /(ecutive or his delegate who is duty
bound to see to it that the pardonee complied
with the conditions of the pardon
3#
President is authorized to order the arrest
or reAincarceration of such a person4 if he
fails to comply with the conditions of his
pardon.
Such e(ercise of Presidential 5udgment
is beyond 5udicial scrutiny.
A Amnesty
Stands before the law precisely as
though he had committed no offense
Criminal liability is totally e(tinguished
7o avail of the benefit4 must admit the
guilt of the offence covered by the
proclamation
A-NEST6 PAR,ON
Addressed to
political offenses
*nfractions of peace
of the state
Classes of persons *ndividual
No need for distinct
acts of acceptance
Acceptance needed
Concurrence by
Congress
Nope
Public act which
courts may ta;e
5udicial notice
Private act which
must be pleaded and
proved
Loo;s bac; and puts
into oblivion the
offense itself
Loo;s forward and
relieves pardonee of
the conse@uences of
the offenses
orrowing Power
A Contract or guarantee foreign loans on
behalf of the %epublic4 with prior
concurrence of +onetary oard and sub5ect
to such limitations as may be provided by
law.
A +4 shall w!in $J days from end of
every @uarter4 submit to the Congress a
complete report of its decisions on
applications for loans to be contracted or
guaranteed by the =overnment!=-CC
which would have the effect of increasing
the foreign debt4 and containing other
matters as may be provided by law.
"iplomatic Power
A No treaty or international agreement
shall be valid and effective unless concurred
in by at least &!$ of all members of the
Senate.
A 7reaties vs. *nternational Agreements
Treaties Internationa$
Agreements
'ormal documents
re@uire ratiication
ecome binding
through e7ec%ti#e
action
*nternational
agreements which
involve po$itica$
iss%es or c&anges o
nationa$ po$ic)
*nternational
agreements involving
ad8%stments o
detai$s carr)ing o%t
!e$$ estab$is&ed
nationa$ po$icies
and traditions
*nvolving
arrangements of
permanent
character
*nvolving
arrangements of a
more or less
temporar) nature
A *t is immaterial whether 6S treats the
>'A as merely an e(ecutive agreement
because4 under international law4 an
e(ecutive agreement is 5ust as binding as a
trearty.
udgetary Power
A Submit to Congress within $J days from
opening of its regular session
A A b%dget o e7pendit%res and so%rces
o inancing4 including receipts from
e(isting and proposed revenue measures
A As basis of the general appropriations
act
*nforming Power
A Address Congress at the opening of its
regular session
A +ay appear before it at any other time
5. 9U,ICIAL ,EPART-ENT
Eudicial Power
3&
A "uty of the courts of 5ustice to settle
actual controversies involving rights which
are legally demandable and enforceable4 and
to determine whether or not there has been
or e(cess of 5urisdiction on the part of any
branch or instrumentality of the government.
A Political @uestions forbidden territory
of courts
A *nherent power of Courts to amend and
control its processed and orders so as to
ma;e them comformable with law and
5ustice.
A %ight to reverse itself.
8here vested
A # SC
A Such lower courts as may be established
by law
Eurisdiction
A Power to hear and decide a case
A Congress shall have the power to define4
prescribe and apportion the 5urisdiction of
various courts4 but may not deprive SC of its
5urisdiction over cases enumerated in
Section .4 Article >***
A No law shall be passed increasing
appellate 5urisdiction of SC without its
advice and concurrence
Constitutional Safeguards to *nsure
*ndependence of SC
#. SC is a constitutional body) it may not
be abolished by legislature
&. members of SC are removable only by
impeachment
$. SC may not be deprived of its original
and appellate 5urisdiction) Appellate
5urisdiction may not be increased without its
consent and concurrence
,. SC has administrative supervision over
all inferior courts and personnel
.. SC has e(clusive power to discipline
5udges and 5ustices of inferior courts
3. members of Eudiciary have security of
tenure
1. members of Eudiciary may not be
designated to any agency performing @uasiA
5udicial or administrative functions
2. salaries of 5udges may not be reduced)
Eudiciary en5oys fiscal autonomy
0. SC alone may initiate %-C
#J. SC alone may order temporary detail
5udges
##. SC can appoint officials and employees
of 5udiciary
<ualifications
A Proven competence4 integrity4 probity
and independence R
A SC
#: NaturalAborn
&: At least ,J
$: #. years or more a 5udge of a lower
court or engaged in the practice of law in the
Philippines
A Lower Collegiate Courts
#: NaturalAborn
&: +ember of Philippine ar
$: Congress may prescribe other
@ualifications
A Lower Courts
#: Citizen
&: +ember of Philippine ar
$: Congress may prescribe other
@ualifications
Procedure for Appointment
A Appointed by the President from a list of
nominees prepared by Eudicial and ar
Council
A Lower Courts? appointed by President
w!in 0J days from submission of list
Eudicial and ar Council
A Composition
/(Aofficio +embers
#: CE as Chairman
3$
&: Eustice Secretary
$: %epresentative of Congress
%egular +embers
#: %epresentative of *P
&: Professor of Law
$: %etired 5ustice of SC
,: %epresentative of private sector
Secretary e(Aofficio? cler; of SC
A Appointment? regular members shall be
appointed by President for a term of , years4
with consent of C-A) shall receive
emoluments as determined by SC
A Powers!'unctions?
Principal function? recommending
appointees to Eudiciary
/(ercise such other functions and duties
as SC may assign
Supreme Court
Composition
# CE
#, Associate Eustices
+ay sit en banc or in its discretion4 in
divisions of $4 . or 1 members
>acancy shall be filled within 0J days
from occurrence
/n anc concurrence of a ma5ority of
the members who too; part in the
deliberations and voted
#: Constitutionality of a treaty4
international or e(ecutive agreement4 or law
&: All others re@uired by %-C
$: Constitutionality4 application or
operation of P"s4 orders4 instructions4
ordinances and other regulations
"ivision A concurrence of a ma5ority of
the members who too; part in the
deliberations and voted and in no case
without the concurrence of at least $ such
members
8hen re@uired number is not obtained
case shall be decided en banc 9case
decided N-7 matters A resolved:
No doctrine or principle of law laid by a
court sitting en banc or in a division4 may be
modified or reversed e(cept by the court
sitting en banc
Powers of the SC
#: -riginal Eurisdiction
&: Appellate Eurisdiction
$: 7emporary Assignment of 5udges of LCs
to other stations as public interest may
re@uire
,: -rder change of venue or place of trial4
to avoid miscarriage of 5ustice
.: %uleA+a;ing Power
3: Power of Appointment
1: Power of Administrative Supervision
2: Annual %eport
-riginal Eurisdiction
#: Cases affecting ambassadors4 public
ministers and consuls
&: Petition for certiorari4 prohibition4
mandamus
$: <uo warranto
,: Dabeas corpus
Appellate Eurisdiction review4 revise4
reverse4 modify4 or affirm on appeal or
certiorari as the %-C may provide final
5udgments and orders of lower courts in?
#: All cases involving
constitutionality!validity of any treaty4
international or e(ecutive agreements4 law4
P"4 proclamation4 order4 instruction
ordinance or regulation is in @uestion
&: All cases involving legality of any ta(4
impost4 assessment or toll or any penalty
imposed in relation thereto
$: Eurisdiction of lower court is in issue
,: All criminal cases in which penalty
imposed is %P or higher
.: All cases in which only an error or
@uestion of law is involved
A "oes not include power of SC to review
decisions of administrative bodies
3,
A Penalty is %P4 accused must appeal.
-therwise4 5udgment of conviction will
become final and e(ecutory
A *f death4 7C shall forward records for
automatic review
A <uestion of Law? correct application of
law or 5urisprudence to a certain set of facts)
when the issue does not call for an
e(amination of the probative value of the
evidence4 the truth or falsehood of the facts
being admitted.
7emporary Assignment of 5udges of LCs to
other stations as public interest may re@uire
-rder change of venue or place of trial4 to
avoid miscarriage of 5ustice
%uleA+a;ing Power
A Promulgate rules?
#: Protection and enforcement of
constitutional rights
&: Pleadings
$: Practices
,: Procedure in all courts
.: Admission to practice of law
3: Admission to 7
1: Legal assistance to underprivileged
A Limitations?
#: Simplified and ine(pensive procedure
&: 6niform in all courts of the same grade
$: Not diminish4 increase or modify
substantive rights
A *ntegrated ar
StateAorganized bar to which each
lawyer must belong
-fficial unification of entire lawyer
population4 where each lawyer is given the
opportunity to do his share in carrying out
the ob5ectives of the ar as well as obliged
to bear his portion of its responsibilities
%e@uires membership and financial
support of every atty as a condition sine @ua
non to the practice
Payment of dues is a necessary
conse@uence of membership in the *P4 of
which no one is e(empt
Practice of law is a privilege and as such
must bow to the inherent regulatory power if
the SC
A 8rit of Amparo? writ that may be issued
by the courts4 based on the constitutional
power of the SC to promulgate rules4 for the
protection and enforcement of constitutional
rights.
A Congress cannot amend the %-C
A %ules of procedure of special courts and
@uasiA5udicial bodies shall remain effective
unless disapproved by the SC
Power of Appointment
A Appoint all officials and employees of
the Eudiciary in accordance with Civil
Service Law
Power of Administrative Supervision
A Administrative supervision over all
courts and personnel
A -mbudsman may not initiate or
investigate a criminal or administrative
complaint before his office against a 5udge4
he must first indorse the case to the SC
A Administrative proceedings before the
SC are confidential in nature.
Annual %eport
A Submit4 !it&in (: da)s rom opening
o eac& reg%$ar session of Congress to the
President and to Congress an annual report
on the operations and activities of the
Eudiciary.
Consultations!"ecisions of SC
#: Conclusions in any case submitted to it
for decision shall be reached in consultation
before the case is assigned to a member for
the writing of the opinion of the Court. A
certification to this effect signed by the CE
shall be issued.
A N!A to administrative cases
3.
A Applicable to lower collegiate bodies
A >otes are e@ually divided and ma5ority is
not obtained4 petition shall nbbe dismissed
&: 7he decision shall state clearly and
distinctly the facts and the law on which it is
based.
A N!A to?
#: +inute resolution dismissing a petition
for DC4 certiorari and mandamus
&: Administrative cases
A "ecision need not be a complete recital
of the evidence presented
A 'actual and legal basis are clearly and
distinctly set forth
A *mperative that decision is not limited to
dispositive part) must
#: State nature of the case
&: Summarize the facts w! reference to
record
$: Contain statement of applicable law and
5urisprudence
,: 7ribunalKs statement and conclusion of
the case
$: No petition for review or +% shall be
refused due course or denied without stating
the legal basis.
7enure of Eudges!Eustices
A SC? Eustices may be removed only by
impeachment
Special Prosecutor has no authority to
conduct an investigation on charges against
a member of the SC4 in view of filing a
criminal information. ecause if found
guilty4 he will be removed from office
violation of his security of tenure.
A LC? Eudges shall hold office during
=--" /DA>*-% until they reach the age
of 1J or become *NCAPAC*7A7/" to
discharge the duties of their offices.
SC en banc shall have the power to
discipline 5udges of LCs4 or order their
dismissal by a vote of a ma5ority of the
members who too; part in the deliberations
and voted
N-7/? only cases involving dismissal of
5udges of LCs are re@uired to be decided by
the Court en banc.
'irst clause? declaration of grant of the
disciplining power to and the determination
of the procedure in the e(ercise by the Court
en banc
=rounds for the removal of a 5udicial
officer should be established beyond
reasonable doubt4 particularly where the
charges on which removal is sought are
misconduct in office4 willful neglect4
corruption4 incompetence4 etc.
Eudges cannot be disciplined for every
erroneous order or decision rendered in the
absence of a clear showing of ill motive4
malice or bad faith.
7he absence of bad faith or malice will
not totally e(culpate them from charges of
incompetence and ignorance of the law
when they render decisions that are totally
bereft of factual and legal bases.
A No law shall be passed reorganizing the
Eudiciary when it undermines the security of
tenure of its members.
Salaries
A 'i(ed by law
A +ay not be decreased during their
continuance in office
A *mposition of income ta( on salaries of
5udges does not violate the constitutional
prohibition against decrease in salaries
Periods of "ecisions
A All cases filed after the effectivity of the
Constitution must be decided and resolved4
from date of submission
&, months SC
#& months lower collegiate courts
$ months all other lower courts
A 6nless in the & latter cases4 the period is
reduced by the SC
A Certification to be signed by the Chief
Eustice!Presiding Eustice shall be issued
stating the reason for delay
33
A +ust not sacrifice for e(pediencyKs sa;e
the fundamental re@uirements of due process
A Bsin per5uicioC 5udgment without a
statement of the facts in support of its
conclusions4 to be later supplemented by the
final 5udgment.
A "esigned to prevent delay in the
administration of 5ustice.
A 'ailure to decide cases within the
prescribed period is not e(cusable and
constitute gross inefficiency which is a
ground for administrative sanction against
the defaulting 5udge.
A Eudges who cannot comply with this
mandate should as; for additional time4
e(plaining in their re@uest the reasons for
the delay.
A "espite e(piration of the mandatory
period4 the court4 without pre5udice to such
responsibility as may have been incurred in
conse@uence thereof4 shall decide or resolve
the case or matter submitted to it without
further delay.
A Court does not lose 5urisdiction despite
the lapse of the mandatory period.
5I. CONSTITUTIONAL CO--ISSION
*ndependent Constitutional Commission
#. Civil Service Commission
&. C-+/L/C
$. Commission on Audit
Safeguards *nsuring the *ndependence of the
Commission
#. constitutionally created4 and not be
abolished by statute
&. e(pressly described as BindependentC
$. conferred certain powers and functions
which cannot be reduced by statute
,. en5oy fiscal autonomy
Bno report4 no releaseC policy may not be
validly enforced against offices vested with
fiscal autonomy.
Automatic release of approved annual
appropriations to a constitutional
commission vested with fiscal autonomy
should be construed to mean that no
condition to fund releases to it may be
imposed.
Provision in Section $4 Article >***4
prohibiting the reduction in the
appropriation for the Eudiciary below the
amount appropriated for the previous year
does not appear in Section .4 Article *PA
AG. Congress is not prohibited from
reducing the appropriations Constitutional
Commissions below the amount
appropriated for them for the previous year.
.. promulgate its own procedural rules4
provided they do not diminish4 increase or
modify substantive rights 9sub5ect to
disapproval by the SC:
3. appoint their own officials and
employees in accordance with Civil Service
Law
1. Chairman and members removed only
by impeachment
2. Chairman and members are given a
fairly long term of 1 years
0. Chairman and members may not be
reappointed or appointed in an acting
capacity
#J. salaries of Chairman and members are
relatively high and may not be decreased
during continuance in office
##. Chairman and members are sub5ect to
certain dis@ualification calculated to
strengthen their integrity
*nhibitions!"is@ualifications
#. not hold any other office or employment4
during tenure
&. not engage in the practice of any
profession
$. not engage in the active management or
control of any business which in any way
may be affected by the functions of his
office
,. not be financially interested4 directly or
indirectly4 in any contract or in any franchise
or privilege granted by the =overnment
31
%otational Scheme of Appointments
A 'irst appointees serve terms of 14 . and $
years.
A After the first commissioners are
appointed4 the rotational scheme is intended
to prevent the possibility of one President
appointing all the Commissioners.
A %otational plan re@uires?
#. terms of the first commissioners should
start on a common date
&. any vacancy due to death4 resignation or
disability before the e(piration of the term
should only be filled for the une(pired
balance of the term.
"ecisions
#. /ach Commission shall decide by a
ma5ority vote of all its members any case or
matter brought before it w!in 3J days from
the date of its submission for decision or
resolution.
A +a5ority vote of ALL members and not
only of those who participated in the
deliberations and voted thereon.
A %etired prior to promulgation of decision
votes should be considered withdrawn4 as
if they had not signed the resolution) only
the votes of the remaining commissioners
shall be counted.
A 7reat the procedural re@uirements on
deadlines realistically.
&. Aggrieved party may bring the decision
to the SC on certiorari w!in $J days from
receipt of copy
A 8hen Court reviews a decision of the
C-+/L/C4 the Court e(ercises
e(traordinary 5urisdiction) thus the
proceeding is limited to issues involving
grave abuse of discretion resulting in lac; or
e(cess of 5urisdiction and does not ordinarily
empower the Court to review factual
findings.
A Certiorari under %3. is the appropriate
remedy.
A Eudgment of the C-A are not reviewable
by ordinary writ of error or appeal by
certiorari to the SC. -nly when C-A acts
without or in e(cess of 5urisdiction4 or with
=A" amounting to lac; or e(cess of
5urisdiction4 may this court entertain a
petition for certiorari under %3..
A "ecisions of the CSC shall be appealable
by certiorari to the CA w!in #. days from
receipt of a copy. 'rom the decision of the
CA4 the party adversely affected thereby
shall file a petition for review on certiorari
under %,..
/nforcement of "ecision
A 'inal decision of the CSC are
enforceable by writ of e(ecution which CSC
may itself issue.
C*>*L S/%>*C/ C-++*SS*-N
Composition
A Chairman
A & Commissioners
<ualifications
#. NaturalAborn
&. at the time of the appointment at least $.
years old
$. proven capacity for public
administration
,. not have been candidates for any elective
position in the election immediately
preceding their appointment
7erm
A Appointed by the President with the
consent of the Commission on
Appointments
A 7erm of 1 years4 without reappointment
A *n no case shall any member be
appointed or designated in temporary or
acting capacity.
Constitutional -b5ective!'unction
32
#. central personnel agency of the
=overnment
&. establish a career service
$. adopt measures to promote morale4
efficiency4 integrity4 responsiveness4
progressiveness and courtesy in the civil
service
,. strengthen merit and reward system
.. integrate all human resources
development programs for all levels and
ran;s
3. institutionalize a management climate
conducive to public accountability
A =ranting civil service eligibility to
employees under provisional or temporary
status who have rendered 1 years of efficient
service is "*SC%/7*-NA%O on the CSC
and may not be compelled by mandamus to
issue such eligibility.
A CSC cannot validly abolish Career
/(ecutive Service oard
A Power to hear and decide administrative
cases instituted before it directly or on
appeal4 including contested appointments.
A Power to recall an appointment initially
approved in disregard of the applicable
provisions of the Civil Service law and
regulations.
A -riginal 5urisdiction to hear and decide a
complaint for cheating in the CS
e(aminations by a government employee.
A "ecisions of lower level officials in
cases involving personnel actions be
appealed to the agency head then to the
CSC. 9not %7C:
A CSC does not have appellate 5urisdiction
over a case of separation from government
service under Section &4 Article ** of the
Provisional Constitution.
Scope of the CS
A /mbrace ALL branches4 subdivisions4
instrumentalities and agencies of the
=overnment4 including =-CCs with
original charter
A Bwith original charterC refers to
corporation chartered by special law as
distinguished from corporations organized
under the Corporation Code
A *ncludes?
#. /conomic *ntelligence and *nformation
ureau
&. Eose +. %odriguez Dospital
$. Philippine National %ed Cross
,. 6P
.. +orong 8ater "istrict
A N!A?
#. National Dousing Corporation
Classes of Service
#. Career Service
a. "escription
A /ntrance based on merit and fitness4 as
far as practicable by competitive
e(aminations
A -r based on highly and technical
@ualifications
A -pportunity for advancement to higher
career positions
A Security of tenure
b. *ncludes?
#: -pen Career Service
A Prior @ualification in an appropriate
e(amination is re@uired
&: Closed Career Service
A Scientific or highly technical
$: Career /(ecutive Service
A 6ndersecretaries4 bureau directors4 etc.
,: Positions in the Armed 'orces of the
Philippines
A =overned by a different merit system
.: Career -fficers
A -ther than those belonging to Career
/(ecutive Service4 appointed by President4
e.g. foreign service
3: Personnel of =-CC w! original charters
1: Permanent laborers 9s;illed4 semiAs;illed
or uns;illed:
c. *ncumbents of positions which are
declared to be C/S positions for the first
time who hold permanent appointments
30
shall remain under permanent status in their
position. 6pon promotion or transfer to
other C/S positions4 these incumbents shall
be under temporary status in said other C/S
positions until @ualify4
d. +ere fact that a position belongs to the
C/S does not automatically confer security
of tenure on the applicant. Such right will
have to depend on the nature of his
appointment which depends on his
eligibility or lac; of it.
e. A person who does not have the re@uisite
@ualifications for the position cannot be
appointed.
A /(ception? acting capacity in the
absence of appropriate eligibles.
f. Security of 7enure in the C/S pertains
only to %ANL and not to the office or the
position to which they may be appointed.
#: Career e(ecutive service eligibility
&: Appointment to the appropriate career
e(ecutive service ran;
&. NonACareer Service
a. "escription
A /ntrance on bases other than those of the
usual tests utilized for the career service
A 7enure
#: limited to a period specified by law or
&: which is coAterminous with that of the
appointing authority or
$: sub5ect of his pleasure or
,: which is limited to the duration of a
particular pro5ect for which purpose the
employment was made.
b. *ncludes?
#: /lective officials4 personal and
confidential staff
&: "epartment Deads and officials of
Cabinet ran; who holds office at the
pleasure of the President4 personal and
confidential staff
$: Chairmen and members of
commissions!boards w! fi(ed terms of
office4 personal and confidential staff
,: Contractual personnel! those whose
employment in government is in accordance
with a special contract to underta;e a
specific wor; or 5ob re@uiring special or
technical s;ills not available in employing
agency4 to be accomplished within a period
not e(ceeding # year4 under his own
responsibility4 with minimum direction and
supervision
.: /mergency and seasonal personnel
A 6nder Administrative Code4 the CSC is
e(pressly empowered to declare positions in
the CS as primarily confidential.
A /numeration in the Civil Service decree4
which defined the nonAcareer service is not
an e(clusive list
Appointments in Civil Service
A According to merit and fitness to be
determined4 as far as practicable by
competitive e(amination
A /(cept to positions which are?
#: PolicyAdetermining
&: Primarily confidential or
$: Dighly technical
A Principles
#: Classification of a particular position as
policyAdetermining4 primarily confidential or
highly technical amounts to no more than an
e(ecutive or legislative declaration that is
not conclusive upon the courts4 the true test
being the nature of the position
&: 7he e(emption provided pertains only to
e(emption from competitive e(amination to
determine merit and fitness to enter the civil
service
A /(empt from competitive e(amination to
determine merit and fitness?
#: PolicyAdetermining
-fficer lays down principal or
fundamental guidelines or rules
/.g. department head
&: Primarily confidential
Not only confidence in the aptitude if the
appointee for the duties of the office but
primarily close intimacy which ensures
freedom of intercourse without
1J
embarrassment or freedom from misgivings
or betrayal on confidential matters of state
NA76%/ of the position which
determined whether a position is primarily
confidential4 policyAdetermining or highly
technical
Bpro(imity ruleC can be considered as
confidential employee if the predominant
reason why he was chosen by the appointing
authority was the latterKs belief that he can
share a close intimate relationship with the
occupant which ensures freedom of
discussion without fear of embarrassment or
misgivings of possible betrayals of personal
trust or confidential matters of the State.
8here the position occupied is remote
from that of the appointing authority4 the
element of trust between them is no longer
predominant4 and cannot be classified as
primarily confidential.
$: Dighly technical re@uires possession of
technical s;ill in a superior degree.
"iscretion of the Appointing Authority
8here the appointee possesses the
minimum @ualification re@uirements
prescribed by law for the position4 the
appointing authority has discretion who to
appoint.
/ven if officers and employees in the
career service of the Civil Service en5oy
preference in the promotion4 it is not
mandatory that the vacancy be filled by
promotion.
"iscretion of the appointing authority is
not only in the choice of the person who is
to be appointed4 but also in the nature or
character of the appointment issued.
CSC cannot convert temporary
appointment to a permanent one
arrogation of power belonging to appointing
authority.
+ay approve as merely temporary an
appointment intended to be permanent when
the appointee does not possess the re@uisite
eligibility and the e(igency of the service
demands that the position be filled even in a
temporary capacity.
%ole of the CSC
Chec; if the appointee possesses the
@ualifications and appropriate eligibility) if
he does4 appointment is approved) if he
doesnKt4 appointment is disapproved.
Selection or placement is made through
the Placement Committee4 the members of
which are the representatives of the head of
the agency as well as representatives of the
employees. Said CommitteeKs wor; is
merely recommendatory.
Appointment should be submitted to the
CSC w!in $J days from issuance) otherwise4
it shall be ineffective.
CSC +emorandum Circular only the
appointing authority has the right to
challenge the CSCKs disapproval of an
appointment.
Abella4 Er. vs. CSC both the
appointing authority and the appointee are
the real parties in interest and both have
legal standing
Challenge to the appointing authorityKs
discretion
8hile appointee has no vested right to
the position4 it was his elgibility that was
being @uestioned) he has a personal sta;e in
the outcome
"is@ualifications
#: Lost in any election within # year
preceding the appointment
&: /lective official during tenure
$: Appointive official4 e(cept when
allowed by law or the primary functions of
his position
/(Aofficio capacity
Security of 7enure
A %emoved and suspended for case
provided by law.
A =round4 procedure for investigation and
the discipline of career service officers and
1#
//s Career Service Law) NonA
compliance constitutes denial of the right to
security of tenure
A Presidential appointee direct
disciplinary authority of the President
A %eassignment does not offend the
constitutional guarantee
A %einstatement deemed not to have left
his office) entitled to payment of bac;
salaries4 notwithstanding silence.
Payment of bac; wages during the
period of suspension of a civil servant who
is subse@uently reinstated is proper only if
he is found innocent of the charges and the
suspension is un5ustified.
67 where the reinstatement is ordered
not as a result of e(oneration but merely as
an act of liberality4 the claim for bac; wages
was not allowed. *t follows the general rule
that the public official is not entitled to
compensation if he has not rendered any
service.
A >alid abolition of office does not violate
the constitutional guarantee of security of
tenure.
A %-C4 career service officer or employee
who has been unlawfully ousted from his
office has # year within which to file an
action in court to recover office.
/(ception? Cristobal vs. +elchot
grounds of e@uity
A Appellate 5urisdiction of the CSC only
over +erit System Protection oardKs
decisions in administrative disciplinary
cases involving the imposition of the penalty
of suspension4 fine4 demotion in ran; or
salary4 transfer4 removal4 dismissal from
office not over +SP decision
e(onerating the accused. -nly by the party
adversely affected 9Not /%:.
A De who4 while occupying one office4
accepts another incompatible with the first4
ipso facto vacates the first office and his title
thereto is thereby terminated without any
other act of proceeding.
Canonizado vs. Aguirre? accepted
another position while case @uestioning the
law that removed him from his first position
was still pending.
Partisan Political Activity no officer or
employee in the civil service shall engage4
directly or indirectly4 in any electioneering
or partisan political campaign
/(cept to vote
"oes not prevent e(pression of views
regarding political problems or mention the
names of the public officers he supports
Applicable to military establishments
only to those in the active military service4
not to reservists
/(emptions?
#. members of the Cabinet
&. public officers and employees holding
political offices
7he above & are allowed to ta;e part in
political and electoral activities4 e(cept to
solicit contributions from their subordinates
or commit acts prohibited under the /lection
Code.
7he right to SelfAorganization shall not be
denied to government employees
+ay not engage in stri;es to demand
changes in the terms and conditions of
employment because such are provided for
by law.
7emporary employees of the =overnment
shall be given such protection as may be
provided by law.
Standardization of Compensation
Provided for by Congress 9and also
@ualification re@uired fir their positions:
"ouble Compensation
No elective or appointive public officer
or employee shall receive additional4 double
or indirect compensation4 6NL/SS
specifically authorized by law4
1&
Nor accept without the consent of
Congress4 any present4 emoluments office or
title of any ;ind from any foreign
government.
Pensions and gratuities shall not be
considered as additional4 double or indirect
compensation.
%etiree can continue to receive such
pension!gratuity even after he accepts
another government position to which
another compensation is attached.
-ath of Allegiance shall ta;e an oath or
affirmation to uphold and defend this
Constitution
C-++*SS*-N -N /L/C7*-NS
Composition
A Chairman
A 3 Commissioners
<ualifications
#. NaturalAborn
&. at the time of the appointment at least $.
years old
$. holder of a college decree
,. not have been candidates in the
immediately preceding election
.. ma5ority4 including the chairman4 must
be member of the Philippine ar who have
been engaged in the practice of law for at
least #J years.
7erm
Appointments
A *n no case shall any member be
appointed or designated in temporary or
acting capacity.
/n anc and "ivision cases
*t may sit en banc of in & division4 and
shall promulgate its rules of procedure in
order to e(pedite disposition of cases4
including preAproclamation controversies.
All such election cases shall be heard
and decided in division4 provided that
motions for reconsideration of decisions
shall be decided en banc.
Cases which must first be heard and
decided in division
#. all election cases4 including preA
proclamation contests4 originally cognizable
by the Commission
&. cancel certificate of candidacy
$. cases appealed from the %7C or +7C
9SC may motu proprio consider @uestion of
5urisdiction:
,. petition for certiorari filed with
C-+/L/C from a decision of the %7C or
+7C
/(ceptions?
#. error in tabulation results or tallying of
results by the oard of Canvassers4 merely
clerical in nature 9petition for correction of
manifest errors in the Statement of >otes:
&. prosecution cases involving violation of
election laws
7he rule that all election cases shall be
heard and decided in division applies only
when the C-+/L/C e(ercises its
ad5udicatory powers or @uasiA5udicial
functions4 not when it e(ercises purely
administrative functions.
C-+/L/C decisions reviewable by the SC
#. decisions of C-+/L/C en banc4 on
certiorari
&. only decision of C-+/L/C in the
e(ercise of its ad5udicatory or @uasiA5udicial
power may be brought to SC on certiorari
if merely administrative in character
ordinary civil action before trial courts
C-+/L/C en banc shall promulgate rules
concerning pleadings and practice before it
or before any of its offices4 but they must
not diminish4 increase or modify substantive
rights
1$
sub5ect to the rule that rules of procedure
of special courts and @uasiA5udicial bodies
shall remain effective unless disapproved by
the SC
rules on civpro regarding demurrer to
evidence cannot apply to election cases4
even by analogy in suppletory character.
Authority to suspend reglamentary
periods provided by its rules4 or the
re@uirement of N'S4 in the interest of 5ustice
and speedy resolution of cases. *t is not
constrained to dismiss a case on the ground
of nonApayment of filing fees.
'ingerprinting of chairman and members
of the oard of /lection *nspectors is an
internal matter and may be done even
without prior notice.
Constitutional Powers and 'unctions
#: /nforce and administer all laws and
regulations relative to the conduct of an
election4 plebiscite4 initiative4 referendum or
recall
&: /(clusive original 5urisdiction
a. All contests relating to the elections4
returns and @ualifications of all elective
regional4 provincial and city officials.
/(clusive appellate 5urisdiction
b. All contests involving elective municipal
officials decide by %7C
c. /lective barangay officials decided by
+7C
$: "ecide all @uestions relating to elections
"etermination of the number and
location of polling places
Appointment of election officials and
inspectors
%egistration of voters
/PC/P7? right to vote
,: "eputize law enforcement agencies and
instrumentalities for the e(clusive purpose
of ensuring free4 orderly 4 honest and
peaceful and credible elections4 with
concurrence of President
.: Accredit CitizenKs Arm and %egister
political parties4 coalitions or organizations
After sufficient publication
Present platform!program of government
3: 'ile petition in court for the
inclusion!e(clusion of voters4 upon verified
complaint or in its own initiative) investigate
and!or prosecute cases for violations of
election laws
1: %ecommend to Congress effective
measures to minimize election spending4
limitation of places where propaganda
materials shall be posted and to prevent and
penalize all forms of election frauds4
offenses4 malpractice and nuisance
candidates
2: Submit to the President and Congress a
comprehensive report on the conduct of each
election4 plebiscite initiative4 referendum or
recall
Enorce and administer a$$ $a!s and
reg%$ations re$ati#e to t&e cond%ct o an
e$ection1 p$ebiscite1 initiati#e1 reerend%m
or reca$$
*nitiative? power of the people to
propose amendments to the Constitution or
to propose and enact legislation through an
election called for the purpose.
%eferendum? power of the electorate to
election called for the purpose
%ecall? termination of official
relationship of a local elective official for
loss of confidence prior to the e(piration of
his term through the will of the electorate
Plebiscite? submission of constitutional
amendments or important legislative
measures to the people for ratification.
#: road powers promulgate rules and
regulations in the enforcement of laws
relative to elections
/nforcement of provisions of the
-mnibus /lection Code e(clusive
5urisdiction of the C-+/L/C
*ncludes the ascertainment of the
identity of a political party and its legitimate
officers
1,
"oes not authorize the C-+/L/C4
motu proprio4 without the proper
proceedings4 to deny due course to cancel a
certificate of candidacy filed in due form.
/lection and contests involving election
of Sangguniang Labataan elections do N-7
fall within 5urisdiction of the C-+/L/C
"*L=
Authority to annul results of plebiscite
9through preAproclamation case of revision
of ballots:
&: %egulatory power over media of
transportation4 communication and
information
to ensure e@ual opportunity4 time4 space4
right to reply4 etc.
during election period
e(ercised only over the media4 not over
practitioners of media
$: No pardon4 amnesty4 parole4 etc4 for
violation of election laws shall be granted by
the President without its favorable
recommendation
,: C-+/L/C cannot e(ercise power of
apportionment
.: Power to declare failure of election
7he election in any polling place has not
been held on the date fi(ed on account of
force ma5eure4 violence4 terrorism4 fraud or
other analogous case
7he election in any polling place has
been suspended before the hour fi(ed by law
for the closing of the voting on account of
force ma5eure4 violence4 terrorism4 fraud or
other analogous case
After the voting and during the
preparation and transmission of the election
returns or in custody or canvas4 such
election results in a failure to elect on
account of force ma5eure4 violence4
terrorism4 fraud or other analogous case.
Petition must show4 on its face
#: No voting has ta;en place in the precint
on the sate fi(ed by law or even if there was
voting4 the result nevertheless results in a
failure to elect
&: >otes not cast would affect the result of
the election
3: Not authorized to ma;e an unofficial
@uic; count of presidential election results
E7c$%si#e origina$ 8%risdiction
A$$ contests re$ating to t&e e$ections1
ret%rns and 3%a$iications o a$$ e$ecti#e
regiona$1 pro#incia$ and cit) oicia$s.
/(clusive 5urisdiction over preAproclamation
cases
Possible conflict with D%!S /7
foreclosed by Section #.4 %A 1#33
prohibits preAproclamation controversies in
national offices 9/PC/P7 on @uestion
involving the composition and proceedings
of the oard of Canvassers:
/7 over a member only after
proclamation
C-+/L/C without the power to
partially!totally annul a proclamation or to
suspend the effects of a proclamation
without notice and hearing violation of
due process clause
Power to issue writs of prohibition4
certiorari4 etc.
*n the e(ercise of its e(clusive appellate
5urisdiction
E7c$%si#e appe$$ate 8%risdiction
A$$ contests in#o$#ing e$ecti#e
m%nicipa$ oicia$s decide b) RTC
E$ecti#e baranga) oicia$s decided b)
-TC
"ecisions shall be final4 e(ecutory and
unappealable
Appeal to the C-+/L/C from %7C
must be filed within . days from receipt of a
copy of the decision.
+% of %7C decision is a prohibited
pleading and does not interrupt running of
period for appeal.
1.
+ere filing of notice of appeal is not
sufficient4 must be accompanied by payment
of correct amount of appeal fee.
Permissive C-+/L/C may give due
course4 and the subse@uent payment cures
the procedural defect.
/(ecution Pending Appeal
C-+/L/C cannot deprive %7C of its
competence to order the e(ecution of
5udgment pending appeal4 because the mere
filing of an appeal does not divest the 7C of
its 5urisdiction over a case.
'actors?
#: Public interest involved or will of the
electorate
&: Shortness of the remaining portion of the
term
$: Length of time that the election contest
has been pending
Strictly construed against the movant
being an e(ception to the general rule.
'iled before e(piration of the period for
appeal.
Eudgments which may be e(ecuted
pending appeal need not only be those
rendered by the 7C4 but by the C-+/L/C
as well.
"ecide all @uestions relating to elections
As an incident to its duties concerning
registration of voters4 it may decide a
@uestion involving the right to vote4 but
decision shall be sub5ect to 5udicial review.
/(ercising purely administrative power
may not punish for contempt
"eputize law enforcement agencies and
instrumentalities for the e(clusive purpose
of ensuring free4 orderly4 honest and
peaceful and credible elections4 with
concurrence of President
+ay recommend to the President the
removal of any officer it has deputized4 or
the imposition of any other sanction for
disobedience4 violation or disregard of its
orders.
Accredit CitizenKs Arm and %egister
political parties4 coalitions or organizations
Authority to promulgate the necessary
rules to enforce and administer all election
laws includes the determination of
appropriate periods for the accomplishment
of preAelection acts4 e.g. filing petitions for
registration under the partyAlist system.
'ile petition in court for the
inclusion!e(clusion of voters4 upon verified
complaint or in its own initiative) investigate
and!or prosecute cases for violations of
election laws
'inding of probable cause in the
prosecution of election offenses rests in the
C-+/L/CKs sound discretion
*ncludes the authority to decide whether
or not to appeal the dismissal of a case by
the 7C.
%ecommend to Congress effective measures
to minimize election spending4 limitation of
places where propaganda materials shall be
posted and to prevent and penalize all forms
of election frauds4 offenses4 malpractice and
nuisance candidates
Submit to the President and Congress a
comprehensive report on the conduct of each
election4 plebiscite initiative4 referendum or
recall
Statutory Powers of the C-+/L/C
#: /(ercise supervision and control over
official re@uired to perform duties relative to
the conduct of elections
&: Promulgate rules and regulations
$: Punish contempt
,: *n@uire into financial records of
candidates4 groups4 etc.
.: Prescribe forms to be used in elections
13
3: Procure supplies and materials needed
for elections
1: /nlist nonApartisan groups to assist it
2: 'i( periods for preAelection re@uirements
0: Power to declare failure of election) call
for special election
#J: /(clusive original 5urisdiction over all
preAproclamation cases
Power to declare failure of election) call for
special election
Sitting en banc and by a ma5ority vote of
its members
+otu proprio or upon a verified petition
Dearing of the case shall be summary in
nature
Petition to declare a failure of election is
neither an election protest nor a preA
proclamation controversy
>alidity of an election4 it is essential that
the voters have notice in some form4 either
actual or constructive4 of the time4 place and
purpose.
7ime must be authoritatively designated
in advance
Stricter in cases of special election4 at
least there must be substantial compliance
*n fi(ing date of special election?
#: Should not be later than $J days after the
cessation of the cause of the postponement
or suspension of the election or failure to
elect
Not absolute) directory
%esidual powers to conduct special
elections even beyond the deadline
prescribed
&: %easonably close to the date of the
election not held4 suspended4 or which
resulted in failure
No law which provides for a
reglementary period within which to file a
petition for the annulment of an election if
there has been no proclamation yet
Legally remain in office in BholdAoverC
capacity until successors have been elected
and @ualified 9L=C limits term of barangay
officials to $ years:
/(clusive original 5urisdiction over all preA
proclamation cases
=%? C-+/L/C restricted4 in oreA
proclamation cases4 to an e(amination of the
election returns on their face and is without
5urisdiction to go beyond them and
investigate election irregularities.
/(ception? dutyAbound to investigate
allegations of fraud4 terrorism4 violence and
other analogous cases in an action for
annulment of election results or for a
declaration of failure of elections. 9may
conduct technical e(amination of election
documents and analyze signatures and
fingerprints in order to determine whether
the election has been free4 honest and clean:
PartyASystem A a free and open partyAsystem
shall be allowed to evolve according to the
free choice of the people
>otes cast in favor of political party4
organization or collation that are
%/=*S7/%/".
/ntitled to appoint poll watchers in
accordance with law.
/lection Period
Commence 0J days before the day of the
election and shall end $J days thereafter
/(ception? period fi(ed by C-+/L/C
in special cases
Eudicial %eview of C-+/L/C "ecisions
Petition for certiorari 9%3.:
'iled with SC
w!in $J days from receipt of decision of
C-+/L/C en banc
C-++*SS*-N -N A6"*7
Composition
A Chairman
A & Commissioners
11
<ualifications
#. NaturalAborn
&. at least $. years old
$. CPAs with not less than #J years of
auditing e(perience -% members of the
Philippine ar with at least #J years practice
of law
,. not have been candidates in the election
immediately preceding the appointment
.. no time shall ALL members belong to
the same profession
7erm
Appointments
Powers and "uties
#. /(amine4 audit and settle all accounts
pertaining to the revenue and receipts of4
and e(penditures or uses of funds and
property owned or held in trust or pertaining
to the =overnment
&. Leep the general accounts of
=overnment and preserve vouchers and
supporting papers for such period as
provided by law
$. authority to define the scope of its audit
and e(amination4 establish techni@ues and
methods re@uired therefore
,. Promulgate accounting and auditing
rules and regulations4 including those for the
prevention and disallowance of irregular4
unnecessary4 e(pensive4 e(travagant or
unconscionable e(penditures or uses of
government funds or property
/(amine4 audit and settle all accounts
pertaining to the revenue and receipts of4
and e(penditures or uses of funds and
property owned or held in trust or pertaining
to the =overnment
PostAaudit basis
#. Constitutional Commissions and
bodies!offices granted fiscal autonomy
&. autonomous state colleges and
universities
$. =-CCs and subsidiaries with or
without original charter
,. NonAgovernmental entities receiving
subsidy or e@uity
7emporary or special preAaudit
"uty to pass in audit a salary voucher is
discretionary
/(ception? authority of Auditor =eneral
is limited to auditing 9whether #: there is a
law appropriating funds for a given purpose4
&: goods or services have been delivered4 $:
payment has been authorized: presence
of all4 duty to pass a voucher in audit
becomes +*N*S7/%*AL.
C-A may validly veto appropriations
which violated rules on unnecessary4
irregular or unconscionable e(penses4 under
#021 Constitution.
Leep the general accounts of =overnment
and preserve vouchers and supporting
papers for such period as provided by law
Authority to define the scope of its audit and
e(amination4 establish techni@ues and
methods re@uired therefore
/PCL6S*>/
#. Power to define the scope of its audit
&. Promulgate auditing rules and
regulations
$. Power to disallow unnecessary
e(penditures
N-7 /(clusive power to e(amine
and audit
Promulgate accounting and auditing rules
and regulations4 including those for the
prevention and disallowance of irregular4
unnecessary4 e(pensive4 e(travagant or
unconscionable e(penditures or uses of
government funds or property
C-A may stop the payment of the price
stipulated in the government contracts when
12
found to be irregular4 e(travagant or
unconscionable.
+ay prohibit the use of government
vehicle by officials who are provided with
transportation allowance.
Eurisdiction of the Commission
No law shall be passed e(empting any
entity of =overnment or any investment of
public funds from the 5urisdiction of the
Commission on Audit
8ater districts are sub5ect to 5urisdiction
of C-A
Authority to investigate whether
directors!officials!employees of =-CCs4
receiving additional allowances and bonuses
are entitled to such.
'ailure of bidding?
#. only one offeror
&. all the offers are nonAcomplying or
unacceptable does not spea; of accepted
bids but of offerors4 without disctinction as
to whether they are @ualified or not.
5II. LOCAL GO*ERN-ENT
5III. ACCOUNTA/ILIT6 O+ PU/LIC
O++ICERS
Statement of Policy
Public office is a public trust.
Public officers and employees must at all
times be accountable to the people4
Serve them with utmost responsibility4
integrity4 loyalty and efficiency4
Act with patriotism and 5ustice
And lead modest lives.
*mpeachment
National in@uest into the conduct of
public men
*mpeachable -fficers
#. President
&. >ice President
$. Chief Eustice
,. Associate Eustices of SC
.. Chairmen and +embers of ConCom
3. -mbudsman
S enumeration is e(clusive
*mpeachable officer who is a member of
the Philippine ar cannot be disbarred
without first being impeached.
=rounds?
#. Culpable violation of the constitution
&. treason
$. bribery
,. graft and corruption
.. other high crimes
3. betrayal of public trust
S enumeration is e(clusive
Procedure for *mpeachment Congress
shall promulgate its rules
#. *nitiating *mpeachment Case
Douse of %epresentative shall have the
e(clusive power to initiate all cases of
impeachment.
"eemed initiated when the complaint
9with accompanying resolution of
indorsement: has been filed with the Douse
of %epresentatives and referred to the
appropriate Committee.
*nitiated by
#. any +ember of the Douse of
%epresentatives -%
&. by any citizen upon a resolution of
endorsement by any +ember
*ncluded in the order of business w!in #J
session days and referred to the proper
Committee w!in $ session days.
*f the verified complaint is filed by at
least #!$ of all the members of the Douse4
the same shall constitute the Articles of
*mpeachment and the trial by Senate shall
forthwith proceed 9no need to refer the same
to the proper Committee:
7he Committee4 after hearing4 and by a
ma5ority vote of all its members4 shall
submit its report to the Douse w!in 3J
session days
A vote of at least #!$ of all the members
of the Douse shall be necessary to affirm a
favorable resolution with the Articles of
10
*mpeachment of the Committee4 or override
its contrary resolution.
7he vote of each member shall be
recorded.
&. Limitations on initiating *mpeachment
Case
Not more than once within a period of #
year against the same official.
$. 7rial and "ecision
7he Senate shall have the sole power to
try and decide all cases of impeachment.
7he Senators shall be on oath or
affirmation.
President is on trial4 the Chief Eustice of
the SC shall preside4 but shall not vote.
A decision of conviction must be
concurred in by at least &!$ of all members
of the Senate.
,. /ffect of Conviction
%emoval from office and
dis@ualification to hold office.
Party convicted shall be liable and
sub5ect to prosecution4 trial and punishment
according to law.
7D/ SAN"*=ANAOAN
AntiAgraft court
Composition
# Presiding Eustice
2 Associate Eustices
8ith the ran; of the Eustice of the CA
Sits in $ divisions of $ members each
Eurisdiction
'ollowing must concur?
#. violation of %A $J#04 %A #$104 Chapter
& Section & 7itle 1 oo; ** of %PC4 /os #4 &4
#, and #,AA or other offenses of felonies
whether simple or comple(ed with other
crimes)
&. offender is public official or employees
holding any of the positions enumerated in
par a Sec , %A 2&,0) and
$. offenses committed in relation to the
office
-nly instance when Sandiganbayan may
e(ercise 5urisdiction over a private
individual is when the complaint charges
him either as a coAprincipal4 accomplice or
accessory of a public officer who has been
charged with a crime within the 5urisdiction
of the Sandiganbayan.
8hether or not the Sandiganbayan or the
%7C has 5urisdiction shall be determined by
the allegations in the information
specifically on whether or not the acts
complained of were committed in relation to
the official functions of the accused.
%e@uired that the charge be set forth
with particularity as will reasonable indicate
that the e(act offense which the accused is
alleged to have committed is one in relation
to his office.
%amification of Section 14 %A 2&,0
#. if the trial of the cases pending before
whatever court has already begun as of the
approval of %A 2&,04 the law does not
apply)
&. if trial of cases pending before whatever
court has not begun as of the approval of %A
2&,04 then the law applies and the rules are?
a. if S has 5urisdiction over a case
pending before it4 then it retains 5urisdiction
b. if S has no 5urisdiction over a case
pending before it4 case shall be referred to
the regular courts
c. if S has 5urisdiction over a case
pending before a regular court4 the latter
loses 5urisdiction and the same shall be
referred to the Sandiganbayan
d. if a regular court has 5urisdiction over a
case pending before it4 then said court
retains 5urisdiction
"ecision!%eview
6nanimous vote of all $ members
re@uired for the pronouncement of 5udgment
by a division.
"ecisions of the Sandiganbayan shall be
reviewable by the SC on petition for
certiorari
2J
+andatory for the Sandiganbayan to
suspend any public officer against whom a
valid information charging violation of that
law4 or any offense involving fraud upon the
government or public funds or property is
filed. 9%A $J#0:
7he appellate 5urisdiction of the SC over
decisions and final orders of the
Sandiganbayan is limited to @uestions of
law.
7D/ -+6"S+AN
7anodbayan
Composition
-ne overall "eputy
At least one deputy for Luzon4 >isayas
and +indanao
Separate deputy for the military
establishment may li;ewise be appointed
<ualifications
#: NaturalAborn
&: At least ,J years of age
$: %ecognized probity and independence
,: +embers of the Philippines ar
.: +ust not have been candidates for any
elective office in the immediately preceding
election
3: -mbudsman must have been a 5udge or
engaged in the practice of law for #J years
or more
Appointment of the -mbudsman and his
"eputies
y President
'rom a list of 3 nominees prepared by
the Eudicial and ar Council
'rom a list of $ nominees for every
vacancy) all vacancies must be filled in $
months.
7erm of -ffice
1 years without reappointment
%an; and Salary
%an; of Chairman and +embers of the
ConCom
%eceive the same salary which shall not
be decreased during their term of office
'iscal Autonomy
"is@ualifications!*nhibitions "uring their
tenure shall?
#: Not hold any other office or employment
&: Not engage in the practice of any
profession or in the active management or
control of any business which may in any
way be affected by the functions of his
office
$: Not be financially interested4 directly or
indirectly4 in any contract with4 or in any
franchise or privilege granted by the
=overnment
,: Not be @ualified to run for any office in
the election immediately succeeding their
cessation from office
Powers and "uties
5urisdiction of the -mbudsman over
governmentAowned or controlled
corporations4 $ %e@uisites?
#: agency organized as a stoc; or nonAstoc;
corporation
&: vested with functions relating to public
needs4 whether government or proprietary
$: owned by the =overnment directly or
through its instrumentalities4 either wholly
or4 where applicable as in the case of stoc;
corporations4 to the e(tent of at least .#H of
capital stoc;
Special Prosecutor may prosecute before
the Sandiganbayan 5udges accused of graft
and corruption4 even if they come under the
administrative supervision of the SC.
7anodbayan could review and reverse
the findings of the City 'iscal and order him
to withdraw certain charges4 inasmuch as the
PresidentKs power of control is e(ercised not
by the Secretary of Eustice but by the
7anodbayan because the offense!s charged
2#
were allegedly committed by a public
functionary in connection with his office.
'or purposes of initiating a preliminary
investigation before the -ffice of the
-mbudsman4 a complaint Bin any form or
mannerC is sufficient.
-mbudsman or his deputy is authorized
to preventively suspend any officer or
employee under his authority pending an
investigation irrespective of whether such
officer or employee is employed in the
-ffice of the -mbudsman or in any other
government agency.
8hether evidence of guilt is strong to
warrant preventive suspension is left to the
determination of the -mbudsman. 7here is
no need for preliminary hearing.
Congress can4 by statute4 prescribe other
powers4 functions and duties to the
-mbudsman.
De may utilize the personnel of his
office to assist in the investigation of the
cases4 the -mbudsman may refer cases
involving nonAmilitary personnel for
investigation by the "eputy -mbudsman for
+ilitary Affairs.
Power to cite for contempt) e(ercised by
the -mbudsman while conducting
preliminary investigation because
preliminary investigation is an e(ercise of
@uasiA5udicial functions.
Appeals shall be made to the CA in
accordance with %,$.
Bany illegal act or omission of any
public officialC is broad enough to embrace
any crime committed by a public official or
employee.
Power of the -mbudsman to investigate
and to prosecute4 as granted by law4 is
plenary and un@ualified.
7he authority of the -mbudsman to
investigate is not an e(clusive authority4 but
rather a shared or concurrent authority with
the "epartment of Eustice Panel of
*nvestigators4 Bin respect of the offense
chargedC
*t is not for the court to review the
-mbudsmanKs paramount decision in
prosecuting or dismissing a complaint filed
before his office.
/(ception? grave abuse of discretion on
the part of the -mbudsman in either
prosecuting or dismissing a case before it is
evident.
Case law holds that the Court is loathe to
interfere with the e(ercise by the
-mbudsman of its powers.
8hile the -ffice of the -mbudsman has
the discretion to determine whether an
information should be withdrawn and a
criminal case should be dismissed4 and to
move for the withdrawal of such information
or dismissal of a criminal case4 the final
disposition of the said motion and of the
case is addressed to the sound discretion of
the Sandiganbayan4 sub5ect only to the
caveat that the action of the Sandiganbayan
must not impair the substantial rights of the
accused and the right of the people t due
process of law.
%A #,J. 9Law on Secrecy of an;
"eposit: before an in camera inspection of
ban; accounts may be allowed?
#: there must be a pending case before a
court of competent 5urisdiction
&: account must be clearly identified
$: inspection limited to the sub5ect matter
of the pending case before the court
,: ban; personnel and account holder must
be notified to be present during the
inspection
.: inspection may cover only the account
identified in the pending case
investigation being done by the
-mbudsman is N-7 one before a court of
competent 5urisdiction
-mbudsman has no authority to directly
dismiss a public officer from government
service
Can only recommend to the officer
concerned the removal of a public officer or
employee found to be administratively liable
2&
D-8/>/% the refusal4 without 5ust
cause4 of any officer to comply with such an
order of the -mbudsman to penalize an
erring officer or employee is a ground for
disciplinary action.
Special Prosecutor
/(isting 7anodbayan 9at the time of the
adoption of the #021 Constitution: shall be
;nown as the Special Prosecutor.
*t shall continue to function and e(ercise
its powers as now or hereafter provided by
law4 e(cept those conferred to the -ffice of
the -mbudsman.
*llAgotten 8ealth
%ight of the State to recover properties
unlawfully ac@uired by public officials or
employees4 from them or from their
nominees or transferees4 shall not be barred
by prescription4 laches or estoppel.
Applies only to civil actions for recovery
of illAgotten wealth and not to criminal
cases.
%estriction on Loans
No loan4 guaranty or other form of
financial accommodation for any business
purpose may be granted directly or
indirectly by any government owned or
controlled ban; or financial institution to
9during their tenure:?
#: President
&: >P
$: +embers of the Cabinet
,: Congress
.: SC
3: ConCom
1: -mbudsman
2: Any firm or entity in which they have
controlling interest
Statement of Assets4 Liabilities and Net
8orth
A public officer or employee shall4 upon
assumption of office and as often as may be
re@uired by law4 submit a declaration under
oath of his assets4 liabilities and net worth.
"eclaration shall be disclosed to the
public in the manner provided by law in case
of?
#: President
&: >P
$: +embers of the Cabinet
,: Congress
.: SC
3: ConCom
1: -ther constitutional offices
2: -fficers of the armed forces of general
or flag ran;
Allegiance to the State and to the
Constitution
Any public officer or employee who
see;s to change his citizenship or ac@uire
the status of an immigrant of another
country during his tenure shall be dealt with
by law.
5I*. NATIONAL ECONO-6 AN,
PATRI-ON6
=oals
#. e@uitable distribution of opportunities4
income and wealth
&. sustained increase in amount of goods
and services4 produced by the nation for the
benefit of the people
$. e(panding productions as the ;ey to
raising the @uality of life
'or attainment of these goals4 the State shall?
Promote industrialization and full
employment based on sound agricultural
development and agrarian reform4 through
industries that ma;e full and efficient use of
human and natural resources and which are
competitive in both domestic and foreign
mar;ets.
State shall protect 'ilipino enterprises
from unfair competition and trade practices.
2$
Natural %esources
All lands of public domain4 waters4
mineral4 coal4 petroleum and other mineral
oils4 all forces of potential energy4 fisheries4
forests or timber4 wildlife4 flora and fauna
and other natural resources are owned by the
State.
8ith the e(ception of agricultural lands4
all other natural resources shall not be
alienated.
%egalian "octrine? all agricultural4
timber and mineral lands are sub5ect to the
dominion of the State.
efore any land may be classified from
the forest group and converted into alienable
or disposable land from agricultural or other
purposes4 there must be positive act from the
=overnment.
Absence of proof that property is
privately owned4 the presumption is that it
belongs to the State.
Any possession4 no matter how lengthy4
cannot ripen into ownership. And all lands
not otherwise appearing to be clearly within
private ownership are presumed to belong to
the State.
7as;s of administering and disposing
lands of public domain belongs to the
"irector of Lands and ultimately the
Secretary of "/N%.
7he classification of public lands is an
e(clusive prerogative of the /(ecutive
"epartment through the -ffice of the
President. *n the absence of classification4
the land remains unclassified public land
until released and rendered open for
disposition.
'orest land is not capable of private
appropriation and occupation in the absence
of a positive act of the =overnment
declassifying it into alienable and
disposable.
*mperium? government authority possessed
by the State4 embraced in sovereignty and its
capacity to own and ac@uire property.
"ominium? lands held by the State in its
proprietary character. *t may provide for the
e(ploitation and use of lands and other
natural resources4 including their
disposition4 e(cept as limited by the
Constitution.
Citizenship %e@uirements
#. CoAproduction4 5oint venture or
production sharing agreements for
e(ploration4 development and utilization of
natural resources
'ilipino citizens
Corporations at least 3JH of whose
capital is 'ilipinoAowned
Agreements shall not e(ceed &. years4
renewable for another &.
&. 6se and en5oyment of the nationKs
marine wealth
/(clusively to 'ilipino citizens
Protect the rights of subsistence
fishermen4 especially of local communities
to the preferential use of the communal
marine and fishing resources4 both inland
and offshore.
B+arginal 'ishermanC individual
engaged in fishing whose margin of return
or reward from his harvest of fish4 as
measured by e(isting price levels4 is barely
sufficient to yield a profit or cover the cost
of gathering the fish.
BSubsistence 'ishermenC catch yields
but the irreducible minimum for his
livelihood.
L=C defined Bmarginal farmer or
fishermanC A engaged in the subsistence
farming or fishing which shall be limited to
the sale4 barter or e(change of agricultural or
marine products.
Preferential right granted to them is not
absolute.
$. Alienable lands of public domain
2,
'ilipino citizens may ac@uire not more
than #& hectares by purchase4 homestead or
grant -% lease more than .JJ hectares
Private corporation may lease not more
than #4JJJ hectares for &. years4 renewable
for another &. years
,. Certain areas of investment 9as Congress
shall provide when national interest so
dictates:
'ilipino citizens
Congress may prescribe higher
percentage of 'ilipino ownership
'ilipino 'irst Policy
o positive command which is complete in
itself
o needs no further guidelines or
implementing rules or laws for its operation
o per se enforceable
o 'ilipinos should be preferred and when
the Constitution declares that a right e(ists
in certain specified circumstances4 an action
may be maintained to enforce this right.
.. 'ranchise4 certificate or authorization for
the operation of a public utility
Citizens of the Philippines
'ranchise4 certificate or authorization
shall not be e(clusive nor for a period for
more than .J years4 and shall be sub5ect to
amendment4 alteration or repeal by
Congress. All e(ecutive and managing
officers must be 'ilipino citizens.
No franchisee can demand or ac@uire
e(clusivity in the operation of a public
utility.
Congress does not have the e(clusive
power to issue such authorization also
administrative bodies.
'ranchise for the operation of public
utility does not re@uire a franchise before
one can own the facilities needed to operate
a utility4 so long as it does not operate them
to serve the public.
Public utility? business or service
engaged in regularly supplying the public
with some commodity or service of public
conse@uence. *mplies public use and service.
All broadcasting4 whether radio or
television4 is licensed by the =overnment.
7hey do not own the airwaves and
fre@uencies and they are merely given he
temporary privilege.
A franchise is a privilege sub5ect to
amendment.
Eoint venture falls within the purview of
association) if it wishes to engage in the
business of operating a public utility4 must
comply with the 3JA,JH 'ilipinoAforeign
capitalization re@uirement.
Classification of Lands of Public "omain
Lands of public domain are classified
into?
#. agricultural
&. forest or timber
$. mineral lands
,. national par;s
Agricultural lands may further be
classified by law according to the uses to
which they may be devoted.
Congress shall determine by law the size
of the lands of the public domain which may
be ac@uired4 developed4 held or leased and
conditions therefore.
7he classification of public lands is a
function of the e(ecutive branch of the
=overnment "irector of the Land
+anagement ureau.
7he decision of the "irector4 when
approved by the Secretary of the "epartment
of /nvironment and Natural %esources as to
@uestions of fact is conclusive upon the
courts.
Alienable lands of the public domain
shall be limited to agricultural lands.
'orest land cannot be owned by private
persons.
2.
*t is not registrable and possession
thereof4 no matter how lengthy4 cannot
convert it into private land4 unless the land is
reclassified and considered disposable and
alienable.
'oreshore land is that part of the land
which is between the high and low water4
and left dry by the flu( and reflu( of the
tides. *t is part of the alienable and of the
public domain and may be disposed of only
by leased and not otherwise.
Private corporations or associations may
not hold such alienable lands of the public
domain e(cept by lease.
*t would cease to be public land only
upon the issuance of the certificate of title to
any 'ilipino citizen @ualified to ac@uire the
same.
#01$ Constitution cannot impair vested
rights. 8here the land was ac@uired in #03&
when corporations were allowed to ac@uire
lands not e(ceeding #4J&, hectares4 the same
may be registered in #02&.
7he #021 Constitution prohibits private
corporations from ac@uiring alienable lands
of the public domain.
Congress shall determine the specific
limit of forest land and national par;s4
mar;ing clearly their boundaries on the
ground.
7he State shall protect the rights of
indigenous cultural communities to their
ancestral lands to ensure their economic4
social and cultural well being.
7he Stewardship Concept
7he use of property bears a social
function4 and all economic agents shall
contribute to the common good4 individuals
and private groups4 including corporations4
cooperatives and similar collective
organizations4 shall have the right to own4
establish and operate economic enterprises4
sub5ect to the duty of the State to promote
distributive 5ustice and to intervene when the
common good so demands.
7he State shall apply the principles of
agrarian reform or stewardship4 whenever
applicable4 in the disposition or utilization of
other natural resources.
*ncluding lands of the public domain
under lease or concession suitable to
agriculture4 sub5ect to prior rights4
homestead rights of small settlers4 and the
rights of indigenous communities to their
ancestral lands.
7he State may resettle landless farmers
and farm wor;ers in its own agricultural
estates which shall be distributed to them in
the manner provided by law.
Private Lands
A Private lands shall be transferred or
conveyed to individuals4 corporations or
associations @ualified to ac@uire or hold
lands of the public domain.
A /(ception? in cases of hereditary
succession
A Any sale or transfer in violation of the
prohibition is null and void.
A eing an alien4 dis@ualified from
ac@uiring and owning real property.
Neither can petitioner recover the money
he had spent for the purchase.
/@uity4 as a rule4 will follow the law4 and
will not permit to be done indirectly that
which4 because of public policy4 cannot be
done directly.
A Action to recover the property sold filed
by the former owner will lie4 the pari delicto
ruling having been abandoned.
A 7he lease for 00 years with a .JAyear
option to purchase the property if and when
8ong Deng would be naturalized is a virtual
surrender of all rights incident to ownership
and therefore invalid. 9PN vs. Lui She:
A Land tenure is not indispensable to the
free e(ercise of religious profession and
worship.
A religious corporation4 controlled by
nonA'ilipinos4 cannot ac@uire and own lands
even for a religious use or purpose.
23
'or a religious corporation sole to
ac@uire lands4 it must appear that at least
3JH of the faithful or its members are
citizens of the Philippines in order to
comply with the citizenship re@uirement.
7his is so regardless of the citizenship of
the incumbent inasmuch as a corporation
sole is merely an administrator of the
temporalities or properties titled in its name
and for the benefit of its members.
A Land sold to an alien which was later
transferred to a 'ilipino citizen or where
the alien later becomes a 'ilipino citizen can
no longer be recovered by the vendor
because ether is no longer any public policy
involved.
A /(ceptions to the %ule?
#. Dereditary Succession
/(ception? testamentary disposition
&. A natural born citizen of the Philippines
who has lost his Philippine citizenship may
be a transferee of private lands
'ilipino citizen may ac@uire .4JJJ
s@uare meters of urban land
'ilipino citizen may ac@uire $4JJJ
hectares of rural land
+ay be used for residence4 business and
for other purposes.
$. Americans hold valid title to private
lands as against private persons
7itles to private lands ac@uired by such
persons before such date 9Euly $4 #01,: shall
be valid as against private persons only:
7ransitory Provision of the #01$
Constitution.
Previous owner may no longer recover
land from an American buyer who
succeeded in obtaining title over the land.
-nly the State has the superior right to
the land through the institution of escheat
proceeding 9as a conse@uence of the
violation of the Constitution: or through an
action for reversion 9as e(pressly authorized
under the Public Land Act with respect to
lands which formerly formed part of the
public domain:.
%emedies to %ecover Private Land from
"is@ualified Alien
#. /scheat Proceedings
&. Action for %eversion under Public Land
Act
7he "irector of Lands has the authority
and the specific duty to conduct
investigation of alleged fraud in obtaining
free patents and the corresponding titles to
alienable public lands.
And if the facts warrant4 to file the
corresponding court action for the reversion
of the land to the State.
*mprescriptible.
State4 alone4 which may institute
reversion proceedings against public lands
allegedly ac@uired through fraud and
misrepresentation.
Private parties are without legal standing
at all @uestion the validity of respondentKs
title.
Property in dispute is still part of the
public domain4 only the State can file suit
for reconveyance of such public land.
7he State can be in estoppel by the
mista;es or errors of its officials or agents.
o /stoppel against the State is not favored)
it may be invo;ed only in rare and unusual
circumstances.
o State may not be allowed to deal
dishonorably or capriciously with its
citizens.
o State may be held in estoppel for
irregular acts and mista;es of its officials.
o %epublic vs. CA4 where the State failed
to correct and recover the alleged increase in
the land area of the titles issued4 the
prolonged inaction strongly militates against
its cause4 tantamount to laches.
o Laches failure or neglect4 for an
unreasonable and une(plained length of
time4 to do that which by e(ercising due
21
diligence could or should have been done
earlier.
o 7he negligence or omission to assert a
right within a reasonable time4 warranting a
presumption that the party entitled to assert
it either abandoned it or decline to assert it.
$. Action for recovery filed by the former
'ilipino owner4 the pari delicto ruling having
been abandoned4 unless the land is sold to an
American citizen prior to Euly $4 #01, and
the American citizen obtained title thereto.
Preference for 'ilipino Labor4 etc.
A 7he State shall promote the preferential
use of 'ilipino labor4 domestic materials and
locally produced goods4 and adopt measures
that help ma;e them competitive.
Practice of Profession
A 7he practice of all profession shall be
limited to 'ilipino citizens
A /(ception? in cases prescribed by law
Cooperatives
A Congress shall create an agency to
promote the viability and growth of
cooperatives as instruments for social 5ustice
and economic development.
A %A 30$0? An Act Creating the
Cooperative "evelopment Authority
A C"A is devoid of any @uasiA5udicial
authority to ad5udicate intraAcooperative
disputes and4 more particularly4 disputes
related to the election of officers and
directors of cooperatives.
A C"A may conduct hearings and
in@uiries in the e(ercise of its administrative
functions.
+onopolies
A Policy? the State shall regulate or
prohibit monopolies when the public interest
so re@uires. No combinations in restraint of
trade or unfair competition shall be allowed.
A +onopoly a privilege or peculiar
advantage vested in one or more persons or
companies4 consisting in the e(clusive right
to carry on a particular business or trade4
manufacture a particular article4 or control
the sale of a particular commodity.
A +onopolies are not per se prohibited by
the Constitution but may be permitted to
e(ist to aid the government in carrying on an
enterprise or to aid in the performance of
various services and functions in the interest
of the public.
A Sub5ected to a higher level of State
regulation.
A "esirability of competition is the reason
for the prohibition against restraint of trade.
A 7he reason for the interdiction of unfair
competition and the reason for the
prohibition of unmitigated monopolies.
A A mar;et controlled by one player
9monopoly: or dominated by a handful of
players 9oligopoly: is hardly the mar;et
where honestAtoAgoodness competition will
prevail.
A Constitution enshrined free enterprise as
a policy4 it nevertheless reserves to the
=overnment the power to intervene
whenever necessary for the promotion of the
general welfare.
Central +onetary Authority
A Congress shall establish an independent
central monetary authority4 the members of
whose governing board must be?
#. naturalAborn
&. ;nown probity4 integrity and patriotism
$. ma5ority of whom shall come from the
private sector
A 7he authority shall?
#. provide policy direction in the areas of
money ban;ing and credit
&. have supervision over the operations of
ban;s
$. e(ercise such regulatory powers as may
be provided by law over the operations of
22
finance companies and other institutions
performing similar functions
A 6ntil Congress otherwise provides4 the
Central an; shall function as the central
monetary authority.
5*. SOCIAL 9USTICE AN, HU-AN
RIGHTS
Policy Statement
A Congress shall give highest priority to
the enactment of measures that
protect and enhance the right of all the
people to human dignity
reduce social4 economic4 and political
ine@ualities
and remove cultural ine@uities by
e@uitably diffusing wealth and political
power for the common good.
A 7o this end4 the State shall regulate the
ac@uisition4 ownership4 use and disposition
of property and its increment.
A 7he promotion of social 5ustice shall
include the commitment to create economic
opportunities based on freedom of initiative
and selfAreliance.
A Pursuit to social 5ustice cannot 5ustify
brea;ing the law.
A 7he StateKs solitude for the destitute and
the haveAnots does not mean it should
tolerate usurpation of property4 public or
private.
Labor
A 7he State shall afford full protection to
labor4 local and overseas4 organized and
unorganized4 and promote full employment
and e@uality of employment opportunities
for all.
A *t shall guarantee the rights of all
wor;ers to?
#. selfAorganization
&. collective bargaining and negotiations
$. peaceful concerted activities4 including
the right to stri;e in accordance with law
A 7hey shall be entitled to?
#. security of tenure
&. humane conditions of wor;
$. living wage
A 7hey shall also participate in policy and
decisionAma;ing processes affecting their
rights and benefits as may be provided by
law.
A 7he State shall promote the principle of
shared responsibility between the wor;ers
and employers and the preferential use of
voluntary modes in settling disputes4
including conciliation and shall enforce their
mutual compliance to foster industrial peace.
A 7he State shall regulate the relations
between wor;ers and employers4
recognizing the
#. right of labor to its 5ust share in the fruits
of production and
&. the right of enterprises to reasonable
returns on investments and to e(pansion and
growth.
A /mployees in the civil service may not
resort to stri;es4 wal;outs and other
temporary wor; stoppages to pressure the
=overnment to accede to their demands.
A 7he ability to stri;e is not essential to the
right to association and the right to
sovereign to prohibit stri;es or wor;
stoppages was clearly recognized at
common law.
Agrarian and Natural %esources %eform
A Constitutionality of the Comprehensive
Agrarian %eform Law.
6rban Land and Dousing %eform
A 7he State shall4 by law4 and for the
common good4 underta;e4 in cooperation
with the private sector4 a continuing program
of urban land reform and housing which will
ma;e available at affordable cost decent
housing and basic services to
underprivileged and homeless citizens in
urban centers and resettlement areas.
20
A *t shall promote ade@uate employment
opportunities.
A State shall respect the rights of small
property owners.
A 6rban or rural poor dwellers shall not be
evicted nor their dwellings demolished4
/(cept? in accordance with law and
in a 5ust and humane manner.
A No resettlement of urban or rural
dwellers shall be underta;en without
ade@uate consideration with them and the
communities where they are to be located.
A /viction of s@uatters and the demolition
of their shanties shall be done in accordance
with law does not mean that the validity and
legality of demolition or eviction hinges on
the e(istence of resettlement area designated
or earmar;ed by the =overnment.
A Eudicial notice of the fact that urban
reform has become a paramount tas; of
=overnment in view o the acute shortage of
decent housing in urban areas.
A Section #0 of the L=C imposes certain
restriction on the e(ercise of the power of
eminent domain!
A %A 1&10 provides the order in which
lands may be ac@uired for socialized
housing.
A 6rban tenantKs right of first refusal 9preA
emptive right:4 can be e(ercised only where
the disputed land is situated in an area
declared to be an area for priority
development 9AP": and an urban land
reform zone 96L%N:.
Duman %ights
7he Commission on Duman %ights
Composition
#. Chairman
&. , +embers
<ualifications
#. naturalAborn
&. ma5ority of whom shall be members of
the ar
7erm of office and other dis@ualification
and disabilities of the members shall be
provided by law.
7he power to appoint the Chairman and
members of the Commission is vested in the
President4 without need of confirmation by
the Commission on Appointments.
CD% does not en5oy fiscal autonomy. *t
does not belong to the species of constituent
commissions.
Powers and 'unctions?
#. 5urisdiction or ad5udicatory powers and
not meant to be another court or @uasiA
5udicial agencies in this country
&. may investigate
receive evidence
ma;e findings of fact as regards claimed
human rights violations involving civil and
political rights
but factAfinding is not ad5udication4 and
cannot be li;ened to the 5udicial function of
a court of 5ustice4 or even a @uasiA5udicial
agency or official
$. cannot issue writs of in5unction or a
restraining order against supposed violators
of human rights4 not being a court of 5ustice.
5*I. E,UCATION1 SCIENCE AN,
TECHNOLOG61 ARTS CULTURE AN,
SPORTS
State Policy
priority to education4 science and
technology4 arts4 culture and sports to
foster patriotism and nationalism
accelerate social progress and
promote total human liberation and
development
protect and promote the right of all
citizens to @uality education at all levels and
shall ta;e appropriate steps to ma;e such
education accessible to all.
National +edical Admission 7est
9N+A7: ensures @uality education for future
0J
doctors and protect public health by ma;ing
sure of the competence of future medical
practitioners.
Constitutional right of every citizen to
select a profession or course of study sub5ect
to fair4 reasonable and e@uitable admission
and academic re@uirements.
*t may be regulated pursuant to police
power of the State to safeguard health4
morals4 peace4 education4 order4 safety and
general welfare of the people.
Persons who desire to engage in the
learned professions re@uiring scientific or
technical ;nowledge may be re@uired to ta;e
an e(amination as a prere@uisite to engaging
in their chosen careers.
%e@uirement that a school must first
obtain government authorization before
operating is based on the State policy that
educational programs and!or operations shall
be of good @uality and shall satisfy
minimum standards.
Constitutional +andate for the State to
/stablish ade@uate and relevant
education
'ree public elementary and high school
education
Scholarship grants and loan programs
-utAofAschool study programs
Adult education
Constitutional -b5ectives of /ducation
#. inculcate patriotism and nationalism
&. foster love of humanity
$. respect for human rights
,. appreciation of the role of national
heroes in the historical development of the
country
.. teach the rights and duties of citizenship
3. strengthen ethical and spiritual values
1. develop moral character and personal
discipline
2. encourage critical and creative thin;ing
0. broaden scientific and technological
;nowledge
#J. promote vocational efficiency
-ptional %eligious *nstruction
A -ption e(pressed in writing by parent or
guardian
A Public elementary and high schools
A 8ithin regular class hours
A *nstructors designated or approved by
religious authorities
A 8ithout additional cost to =overnment
/ducational *nstitution
A -wnership
Solely by 'ilipino citizens or
Corporations 3JH 'ilipinoAowned
/(ception? those established by religious
groups or mission boards4 but Congress may
increase re@uired 'ilipino e@uity
participation.
A Control and Administration
>ested in 'ilipino citizen..
A Alien Schools
No educational institution shall be
established e(clusively for aliens4 and no
group of aliens shall compromise more than
#!$ of the enrolment in any school.
/(ception? schools for foreign
diplomatic personnel and their dependents
and for other foreign temporary residents.
A 7a( /(emptions
all revenues and assets
all grants4 endowments4 donations and
contributions
of nonAstoc;4 nonAprofit educational
institution
used directly4 actually and e(clusively
for educational purposes
Dighest udgetary Priority to /ducation
A merely directory
Academic 'reedom
en5oyed in all institutions of higher
learning
colleges4 publicly or privatelyAowned
0#
7wo >iews?
#. from the standpoint if the educational
institution
determine?
#. who may teach
&. what may be taught
$. how it shall be taught
,. who may be admitted to study
'reedom to determine whom to admit
includes the right to determine whom to
e(clude or e(pel4 as well as to impose lesser
sanctions such as suspension.
%ight to freely choose their field of
study sub5ect to e(isting curricula4 and to
continue their course therein up to
graduation4 such right is sub5ect to
established academic and disciplinary
standards laid down by the academic
institution.
&. from the standpoint of the members of
the academe
freedom of the teacher or research
wor;er in higher institutions of learning to
investigate and discuss the problems of his
science and to e(press conclusions4 whether
through publication or in the instruction of
students4 without interference from political
or ecclesiastical authority4 or from the
administrative officials of the institution in
which he is employed4 unless the methods
are found to be incompetent or contrary to
professional ethics.
8idest latitude to innovate and
e(periment on the method of teaching which
is most fitting to his students4 sub5ect only to
the rules and policies of the 6niversity.
Limitations
#. dominant police power of the State
&. social interests of the community
B7ermination of ContractC theory in
Alcauz can no longer be used as a valid
ground to deny readmission or reAenrollment
to students who had led or participated in
student mass actions against the school. 7he
students do not shed their constitutionallyA
protected rights of free e(pression at the
school games.
7he only valid grounds to deny
readmission of students are?
#. academic deficiency and
&. breach of the schoolKs reasonable rules
of conduct
+inimum standards of procedural due
process must be satisfied?
#. student must be informed in writing of
the nature and cause of the accusation
against them
&. right to answer the charges against them4
with the assistance of counsel4 if desired
$. informed of the evidence against them
,. right to adduce evidence in their own
behalf
.. evidence must be duly considered by the
investigating committee or official
designated by the school authorities to hear
and decide the case.
*t is within the sound discretion of the
university to determine whether a student
may be conferred graduation honors4
considering that the student had incurred a
failing grade in an earlier course she too; in
school.
Profession %egulation Commission
cannot interfere with the conduct of review
that review schools and centers believe
would best enable their enrollees to meet the
standards re@uired before becoming fullA
pledged public accountants.
Prerogative of the school to provide
standards for its teachers and to determine
whether or not these standards have been
met is in accordance with academic freedom
and constitutional autonomy which give
educational institutions the right to choose
who should teach.
Academic freedom was never meant to
be unbridled license) it is a privilege which
assumes the correlative duty to e(ercise it
responsibly.
Conferment of an honor or distinction
was obtained through fraud4 the 6niversity
0&
has the right to revo;e or withdraw the
honor or distinction conferred. 7he right
does not terminate upon the graduation of
the student.
Language
National language 'ilipino
Purpose of communication and
instruction 'ilipino4 and until otherwise
provided by law4 /nglish
%egional languages au(iliary official
languages in the regions and shall serve as
ancillary media of instruction
Spanish and Arabic promoted on
voluntary and optional basis
Constitution shall be promulgated in
'ilipino and /nglish and shall be translated
into ma5or regional languages4 Arabic and
Spanish.
5*II. THE +A-IL6
5*II. GENERAL PRO*ISIONS
'lag
%ed4 white and blue
A sun and $ stars
As consecrated and honored by the
people and recognized by law.
Name
Congress may4 by law4 adopt?
a new name for the country
a national anthem or
a national seal
which shall be truly reflective and
symbolic of the ideals4 history4 and traditions
of the people.
Law shall ta;e effect only upon its
ratification by the people in a national
referendum.
Armed 'orces of the Philippines
Composed of a citizen armed force
8hich shall undergo military training
And serve4 as may be provided by law.
All members of the armed forces shall
ta;e an oath or affirmation to uphold and
defend the Constitution
Professionalism and Ade@uate
%emuneration shall be a prime concern of
the State.
*nsulated from partisan politics.
No member of the military shall engage
directly or indirectly in any partisan political
activity e(cept to vote.
No member of the armed forces in the
active service shall4 at any time4 be
appointed or designated in any capacity to
any civilian position.
Laws on retirement of military officers
shall not allow e(tension of their service.
7he officers and men of the regular force
of the armed forces shall be recruited
proportionately from all provinces and cities
as far as practicable.
National Police 'orce
7he State shall establish and maintain
one police force4 which shall be?
National in scope and
Civilian in character.
7o be administered and controlled by a
national police commission.
Authority of local e(ecutives over the
police units in their 5urisdiction shall be
provided by law.
%A 301. established the PNP under a
reorganized department4 "*L=.
+ass +edia and Advertising *ndustry
+ass +edia
-wnership limited to C*7*N/NS or
C-%P-%A7*-NS 8D-LLOA-8N/" and
+ANA=/" by such citizens.
Congress shall regulate or prohibit
monopolies in commercial mass media.
Advertising *ndustry
0$
-nly '*L*P*N- C*7*N/NS or
C-%P-%A7*-NS or ASS-C*A7*-NS at
least 1JH '*L*P*N-A-8N/" shall be
allowed to engage in the advertising
industry.
ALL /P/C67*>/S and +ANA=*N=
-''*C/%S of such entities must be
C*7*N/NS of the Philippines.
Advertising entities affected shall have .
years from the ratification of the
Constitution to comply on =%A"6A7/"
and P%-P-%7*-NA7/ basis with the
minimum 'ilipino ownership.
5I5. TRANSITOR6 PRO*ISION
/lections
A 'irst elections of members of Congress
&
nd
+onday of +ay #021
A 'irst local elections to be determined
by President
A Synchronization of elections?
+embers of Congress and the local
officials first elected shall serve until noon
of Eune $J4 #00&.
3Ayear term of the incumbent President
and >iceAPresident elected in 'ebruary 14
#023 elections is e(tended until noon of
Eune $J4 #00&.
/lections for President and >iceA
President4 Senators4 +embers of the Douse
of %epresentatives and local office must be
synchronized in #00&.
/(isting Laws and 7reaties
A All e(isting laws4 decrees4 /os4
proclamations4 letters of instructions4 and
other e(ecutive issuances not inconsistent
with the Constitution shall remain operative
until amended4 repealed or revo;ed.
A All e(isting treaties or international
agreements which have not been ratified
shall not be renewed or e(tended without the
concurrence of at least &!$ of all the
members of the Senate.
%eserved /(ecutive Powers
A 6ntil a law is passed4 the President may
fill by appointment from a list of nominees
by the respective sectors4 the seats reserved
for sectoral representative.
A 6ntil otherwise provided by Congress4
the President may constitute the
+etropolitan Authority to be composed of
the heads of all local government units
compromising the +etropolitan +anila
Authority.
Career Civil Service
A Career civil service employees separated
from the service not for cause but as a result
of the reorganization is entitled to
appropriate separation pay and to retirement
and other benefits according to law in force
at the time of their separation.
*n lieu of separation pay4 at the option of
the employees4 they may be considered for
employment in the government.
Apply to career officers whose
resignation4 tendered in line with the
e(isting policy4 had been accepted.
Se@uestration
A Authority to issue se@uestration or freeze
order relative to the recovery of illAgotten
wealth shall remain operative for not more
than #2 months after the ratification of this
Constitution. Congress may e(tend such
period.
A Se@uestration or freeze orders shall be
issued upon showing of a prima facie case.
A 7he corresponding 5udicial action shall
be filed within 3 months from ratification of
this Constitution4 or4 if issued after
ratification within 3 months from such issue.
A 7he order is deemed automatically lifted
if no 5udicial action or proceeding is
commenced.
A No particular description or specification
of the ;ind or character of B5udicial action or
proceedingC much less an e(plicit
re@uirement for the impleading of the
0,
corporations se@uestered or of the ostensible
owners of the property suspected to be illA
gotten.
A 7he only @ualifying re@uirement in the
Constitution is that the action or proceeding
be filed for orders of se@uestration4 freezing
or provisional ta;eAover.
A 7he action or proceeding must concern
or involve the matter of se@uestration4
freezing or provisional ta;eAover of specific
property and should have4 as ob5ective4 the
demonstration by competent evidence that
the property is indeed BillAgotten wealthC
over which the government has a legitimate
claim for recovery and other relief.
A +ere issuance of the writ of
se@uestration4 without the corresponding
service4 within the #2Amonth period4 does
not comply with the constitutional
re@uirement.
A Lifting of the se@uestration orders does
not ispo facto mean that se@uestrated
property are not illAgotten. 7he effect of the
lifting will merely be the termination of the
role of government as conservator of the
property.
A 8rit of se@uestration may be issued only
upon authority of at least & PC==
Commissioners.
A PC== may not validly delegate its
authority to se@uester.
A PC== cannot perform acts of strict
ownership of se@uestrated property. PC==
being a mere C-NS/%>A7-%.
/(ception? case of ta;eAover of a
business belonging to the government or
whose capitalization comes from public
funds but which landed in private hands.
A Se@uestration does not automatically
deprive the stoc;holders of their right to
vote their shares of stoc;. 6ntil the main
se@uestration case is resolved4 the right to
vote the se@uestered shares of stoc;s
depends on the &Atiered tests?
#. whether there is prima facie evidence
showing that the said shares are illAgotten
and thus belong to the State
&. whether there is an immediate danger of
dissipation thus necessitating their continued
se@uestration and voting by PC== while the
main issue pends with the Sandiganbayan.
"oes not apply in cases involving funds
of Bpublic characterC
7he =overnment is granted the authority
to vote said shares?
#. where government shares are ta;en over
by private persons or entities who!which
registered them in their own names and
&. where the capitalization or shares that
were ac@uired by public funds somehow
landed on private hands.
A Sandiganbayan can review the validity
of se@uestration orders.
A Absence of e(press prohibition4 the rule
on amicable settlement or compromise
agreements in the Civil Code is applicable to
PC== cases before the Sandiganbayan.
A PC==Ks authority to enter into
compromise agreements involving illAgotten
wealth and to grant immunity in civil and
criminal cases4 without need of prior
Congressional approval is sustained.
A Penal violations to fall within the
5urisdiction of the PC==?
#: it must relate to illAgotten wealth)
&: of the late President +arcos4 his
immediate family4 relatives4 subordinates4
and close associates)
$: who too; advantage of their public
office and!or power4 authority4 influence4
connections or relationships.
A 7hose not fulfilling the above elements
are not within the authority of the PC== but
within the 5urisdiction of the -mbudsman
and other duly authorized investigating
agencies.
A 7he invalid preliminary investigation did
not impair the validity of the criminal
information or otherwise render them
0.
defective) much less did not affect the
5urisdiction of the Court.
7he only effect is the imposition on the
latter of the obligation to suspend the
proceedings and to re@uire the holding of
preliminary investigation.
A A mere allegation in the antiAgraft
complaint that the accused is a relative of
then President +arcos will not suffice to
enable the PC== to ta;e cognizance of the
case. 7here must4 in addition4 be a showing
that the accused has unlawfully accumulated
wealth by virtue of such close relation with
the former President.
A 'act of se@uestration alone did not
automatically oust the %7C of its
5urisdiction.
A *n order that the SandiganbayanKs
e(clusive 5urisdiction may be invo;ed4 the
PC== must be a party to the suit.
A 7he -ffice of the Solicitor =eneral may
validly call the PC== for assistance and as;
it to respond to a motion for a bill of
particulars4 considering that PC== has the
complete records of the case and4 being in
charge of the investigation4 is more
;nowledgeable and better informed.
GENERAL PRINCIPLES
Principles of Local Autonomy
Constitutional Provisions
7he State shall ensure the local
autonomy of local governments
7he territorial and political subdivisions
shall en5oy local autonomy
7he principle of local autonomy under
the #021 Constitution simply means
B"/C/N7%AL*NA7*-NC.
*t does not ma;e the local government
sovereign within the state or an imperium in
iperio.
Autonomy is either?
#. decentralization of administration
no valid constitutional challenge
delegation of administrative powers to
broaden the base of governmental power.
&. decentralization of power
abdication by the national government of
political power in favor of the local
government
Congress retains control over the L=6s
although significantly reduced under the
Constitution. National legislature is still the
principal of L=6s which cannot defy its will
or modify or violate it.
Power to ta( of L=6s which cannot be
withdrawn by mere statute.
Any form of autonomy granted to local
governments will necessarily be limited and
confined within the e(tent allowed by the
central authority.
/(ercise of local autonomy remains
sub5ect to?
#. power of control by Congress and
&. general supervision by the President
Scope of PresidentKs supervisory powers?
President can only interfere in the affairs
and activities of a local government unit if
he finds that the latter had acted contrary to
law)
Cannot interfere in local affairs as long
as the concerned local government unit acts
within the parameters of the law and the
Constitution)
-therwise4 violates the principle of local
autonomy and the doctrine of separation of
powers.
Liga ng mga arangay is not sub5ect to
the control by the Chief /(ecutive or his
alter ego.
Corporation
Artificial being created by operation of
law4 having the right of succession and the
powers4 attributes and properties e(pressly
authorized by law or incident to its
e(istence.
Classification
03
#. Public? organized for the government of
a portion of a state.
&. Private? formed for some private
purpose.
$. <uasiAPublic? private corporation that
renders public service or supplies public
wants.
Criterion to determine whether
corporation is public
%elationship of the corporation to the
State) if it is created by the State as its own
agency to help the State in carrying out its
governmental function then it is public.
-therwise4 it is private.
Classes of public corporations
#. <uasiAcorporation created by the state
for a limited purpose.
&. +unicipal Corporation body politic
and corporate constituted by the
incorporation of the inhabitants for the
purpose of local government.
+unicipal Corporation
/lements?
#. Legal creation or incorporation
Law creating or authorizing the creation
or incorporation of a municipal corporation.
&. Corporate name
Sanggunian Panlalawigan may change
the name of component cities or
municipalities?
#. consultation with Philippine Distorical
*nstitute
&. effective upon ratification in a plebiscite
$. *nhabitants
People residing in the territory.
,. 7erritory
Land mass where the inhabitants reside
7ogether with e(ternal and internal
waters and the airspace above.
"ual Nature and 'unctions
/(ercise powers as a political
subdivision of the National =overnment and
As a corporate entity representing the
inhabitants of the territory.
#. Public or =overnmental acts as agents
of the State4 for the government of the
territory and the inhabitants.
&. Private or Proprietary acts as agents of
the community in the administration of local
affairs. Acts as a separate entity for its own
purposes and not as a subdivision of the
state.
%oles of +unicipal Corporations in the
Philippines
7he territorial and political subdivisions
of the Philippines are the P%->*NC/S4
C*7*/S4 +6N*C*PAL*7*/S and
A%AN=AOS. 7here shall be
A67-N-+-6S %/=*-NS in +6SL*+
+*N"ANA- and the C-%"*LL/%AS.
Provinces
Cluster of municipalities or
municipalities and component cities.
"ynamic mechanism for developmental
processes and effective governance of L=6s
within its territorial 5urisdiction.
City
+ore urbanized and developed
barangays
=eneral purpose government for the
coordination and delivery of basic4 regular
and direct services.
/ffective governance of the inhabitants
within its 5urisdiction.
+uncipality
=roup of barangays
=eneral purpose government for the
coordination and delivery of basic4 regular
and direct services.
/ffective governance of the inhabitant
within its 5urisdiction.
arangay
asic political unit
01
Primary planning and implementing unit
of government policies4 plans4 programs4
pro5ects and activities in the community.
'orum where collective views of the
people may be e(pressed.
8here disputes may be amicably settled.
Autonomous %egions in +uslim
+indanao and the Cordilleras
"atu 'irdausi Abbas vs. C-+/L/C? act
establishing the Autonomous %egional
=overnment of +uslim +indanao was held
valid.
Cordillera road Colaition vs.
Commission on Audit? e(ercise of
legislative powers4 creating the Cordillera
Administrative %egion was held valid. *t
prepared the groundwor; for autonomy and
the adoption of the organic law.
-rdillo vs. C-+/L/C? sole province of
*fugao which4 in the plebiscite4 alone voted
in favor %A 31334 cannot validly constitute
the Autonomous %egion of the Cordilleras.
Special +etropolitan Political
Subdivision
Congress may by law create special
metropolitan political subdivisions sub5ect to
a plebiscite.
7he component cities and municipalities
shall retain their basic autonomy
/ntitled to their own local e(ecutives
and legislative assemblies
Eurisdiction of the metropolitan authority
shall be limited to basic services re@uiring
coordination.
Creation and "issolution of +unicipal
Corporations
Authority to Create
L=6 may be created4 divided4 merged4
abolished or its boundaries substantially
altered either by?
#. law enacted by Congress provinces4
city4 municipality or any other political
subdivision
&. ordinance passed by Sangguniang
Panlalawigan or Sangguniang Panlungsod
barangay
%e@uisites!Limitation on Creation or
Conversion
No province4 city4 municipality or
barangay may be created4 divided4 merged4
abolished or its boundary substantially
altered4 /PC/P7
#. in accordance with criteria established in
the L=C
&. sub5ect to approval by a ma5ority of the
votes cast in a plebiscite in the political units
directly affected
Plebiscite %e@uirement? conducted by
the C-+/L/C within #&J days from the
date of effectivity of the law or ordinance
effecting such action4 unless said law or
ordinance fi(es another date.
Plebiscite for creating a new province
should include the participation of the
residents of the mother province in order to
conform to the constitutional re@uirement.
8here the law authorizing the holding of
a plebiscite is unconstitutional4 the Court
cannot authorize the holding of a new one.
7he fact that the plebiscite which the
petition sought to stop had already been held
and officials of the new province appointed
does not ma;e the petition moot and
academic4 as the petition raises an issue of
constitutional dimensions.
Section 14 %A 1#3J verifiable
indicators of viability and pro5ected capacity
to provide services?
#. *ncome
Sufficient4 based on acceptable standards
7o provide for all essential government
facilities and services and special functions
Commensurate with the size of its
population
Average annual income for the last &
consecutive years based on #00# constant
prices?
02
#. +unicipality? &4.JJ4JJJ
&. City #JJ4JJJ4JJJ
$. Dighly 6rbanized City? .J4JJJ4JJJ
,. Province? &J4JJJ4JJJ
*nternal %evenue Allotment should be
included in the computation of the average
annual income of the municipality. 9for
purposes of determining whether the
municipality may be validly converted into a
city:
'or conversion to cities4 the
municipalityKs income should not include
the *%A.
&. Population
7otal number of inhabitants within the
territorial 5urisdiction of the L=6
concerned.
%e@uired minimum population?
#. arangay? &4JJJ inhabitants) e(cept in
+etro +anila and other metropolitan
political subdivisions or in highly urbanized
cities where the re@uirement is .4JJJ
inhabitants
&. +unicipality? &.4JJJ
$. City? #.J4JJJ
,. Dighly 6rbanized City? &JJ4JJJ
.. Province? &.J4JJJ
$. Land Area
Contiguous4 unless it comprises & or
more islands or is separated by a L=6
independent of the others
Properly identified by metes and bounds
with technical descriptions
Sufficient to provide for such basic
services and facilities to meet the
re@uirements of its populace.
Area %e@uirements?
#. +unicipality? .J s@. ;ms.
&. City? #JJ s@. ;ms.
$. Province? &4JJJ s@. ;ms.
Compliance with the foregoing
indicators shall be attested to by the
"epartment of 'inance4 the National
Statistics -ffice and the Lands +anagement
ureau of the "epartment of /nvironment
and Natural %esources.
%e@uirement that the territory of the
newlyAcreated local government units be
identified by metes and bounds is intended
to provide the means by which the area of
the local government unit may be reasonably
ascertained.
7erritorial 5urisdiction of the newly
created city may be reasonably ascertained
by referring to common boundaries with
neighboring municipalities then the
legislative intent has been sufficiently
served.
-ther constitutional limitations? ill of
%ights
eginning of Corporate /(istence
/L/C7*-N and <6AL*'*CA7*-N of
its Chief /(ecutive and a ma5ority of the
members of its sangguinan.
6NL/SS some other time is fi(ed
therefore by the law or ordinance creating it.
"ivision and +erger4 Abolition of L=6s
"ivision and +erger
comply with same re@uirements4
provided that such division shall not reduce
the income4 population or land area of the
local government unit!s concerned to less
than the minimum re@uirements prescribed
provided4 further4 that the income
classification of the original local
government unit!s shall not fall below its
current income classification prior to the
division.
Abolition
L=6 may be abolished when its income4
population or land area has been irreversibly
reduced to less than the minimum standards.
Law or ordinance abolishing a L=6
shall specify the province4 city4 municipality
or barangay with which the local
government unit sought to be abolished will
be incorporated or merged.
"e 'acto +unicipal Corporation
%e@uisites?
00
#. >alid law authorizing incorporation
&. Attempt in good faith to organize under
it
$. Colorable compliance with the law
,. Assumption of corporate powers
Not de facto municipal corporations4
because there was no law authorizing
incorporation.
Attac; Against *nvalidity of *ncorporation
No collateral attac;
*n@uiry into the legal e(istence of a
municipal corporation is reserved to the state
in a proceeding for @uo warranto or other
direct proceeding.
%ule is applicable only when the
municipal corporation is at least a de facto
municipal corporation
7he Local =overnment Code
/ffectivity? Eanuary #4 #00&) after its
complete publication in at least # newspaper
of general circulation.
Scope of Application? all provinces4
cities4 municipalities4 barangays and other
political subdivisions as may be created by
law and to officials4 offices or agencies of
the National =overnment.
"eclaration of Policy
#. 7erritorial and political subdivision of
the State shall en5oy genuine and meaningful
local autonomy to enable them to attain their
fullest development as selfAreliant
communities and ma;e them more effective
partners in the attainment of national goals.
&. /nsure accountability of L=6s through
the institution of effective mechanisms of
recall4 initiative and reference.
$. %e@uire all national agencies and offices
to conduct periodic consultations with
appropriate L=6s4 nonAgovernmental and
peopleKs organizations and other concerned
sectors of the community before any pro5ect
or program is implemented in their
respective 5urisdiction.
%ules of *nterpretation
#. Any provision on a power of a L=6
shall be liberally interpreted in its favor) in
case of doubt4 any @uestion shall be resolved
in favor of devolution of power.
&. Any ta( ordinance or revenue measure
shall be construed strictly against the L=6
enacting it and liberally in favor if the
ta(payer.
$. Any ta( e(emption4 incentive or relief
granted by any L=6 shall be construed
strictly against the person claiming it.
,. 7he general welfare provision shall be
liberally interpreted to give more powers to
L=6s in accelerating economic
development and upgrading the @uality of
life for the people in the community.
.. %ights and obligations e(isting on the
date of effectivity of this Code and arising
out of contracts or any other source of
prestation involving a L=6 shall be
governed by the original terms and
conditions of said contracts or the law force
at the time of such rights were vested.
3. *n the resolution of controversies arising
under this Code where no legal provision of
5urisprudence applies4 resort may be had to
the customs and traditions in the place
where the controversies ta;e place.
II. GENERAL PO.ERS AN,
ATTRI/UTES O+ LOCAL
GO*ERN-ENT UNITS
Powers in =eneral
Sources
#. Philippine Constitution
&. Statutes
$. Charter
,. "octrine of the right of selfAgovernment
Classification
#. e(press4 implied4 inherent
#JJ
&. public4 governmental4 private or
proprietary
$. intramural4 e(tramural
,. mandatory4 directory4 ministerial4
discretionary
/(ecution of powers
#. statute prescribes the manner of e(ercise
the procedure must be followed
&. statute is silent L=6s have discretion
to select reasonable means and methods of
e(ercise
=overnmental Powers
#. =eneral 8elfare
&. asic Services and 'acilities
$. Power to =enerate and Apply %esources
,. /minent "omain
.. %eclassification of Lands
3. Closure and -pening of %oads
1. Local Legislative Power
2. Authority over Police 6nits
=eneral 8elfare
/(ercise powers e(pressly granted4
necessarily implied4 and powers necessary4
appropriate or incidental for its efficient and
effective governance and those which are
essential to the promotion of the general
welfare
w! respective territorial 5urisdiction4
#. preservation and enrichment of culture
&. promote health and safety
$. enhance the right of the people to a
balanced ecology
,. encourage and support the development
of appropriate and selfAreliant scientific and
technological capabilities
.. improve public morals
3. enhance economic prosperity and social
5ustice
1. promote full employment among its
residents
2. maintain peace and order
0. preserve the comfort and convenience of
their inhabitants
general welfare clause statutory grant
of police power to L=6s
Limitations
#. e(ercisable only within territorial limits
/PC/P7 for protection of water supply
&. /@ual protection clause
$. "ue process clause 9means employes
are reasonably necessary and not unduly
oppressive for the accomplishment of the
purpose:
,. not be contrary to the Constitution and
the laws.
Prohibited activities cannot be legalized
in the guise of regulation.
Activities allowed by law cannot be
prohibited4 only regulated.
L=6 may close a ban; for failure to
secure the appropriate mayorKs permit and
business licenses.
L=6 may not regulate the subscriber
rate by CA7> operators within its territorial
5urisdiction 5urisdiction of N7C) 7his does
not mean that L=6 cannot prescribe
regulations over CA7> operators.
-rdinance prohibiting the operation of
casino is invalid for being contrary to the
Charter of PA=C-% 9P"#230:
+ayor authorized to issue permits and
licenses for the holding of activities for any
charitable or welfare purposes.
LL"A which has e(clusive 5urisdiction
to issue permits for the en5oyment of fishery
privileges in Laguna de ay
-rdinance is not unconstitutional merely
because it incidentally benefits a limited
number of persons the support for the poor
has long been an accepted e(ercise of the
police power in the promotion of the
common good.
+unicipality cannot grant e(clusive
fishing privileges without prior public
bidding and for a period of more than .
years violates 'isheries Law.
Permits to operate coc;pits mayor
#J#
-rdinance prohibiting operation of
nightAclubs is invalid prohibitory and not
mere regulatory
asic Services and 'acilities
A /ndeavor to be selfAreliant
A Continue e(ercising the powers and
discharge the duties and functions currently
vested upon them
A "ischarge the functions and
responsibilities of national agencies and
others devolved upon them
A /(ercise such other powers and
discharge such other functions as are
necessary4 appropriate or incidental to
efficient and effective provision of the basic
services and facilities.
A P6L*C 8-%LS and
*N'%AS7%6C76%/ P%-E/C7S and other
'AC*L*7*/S4 P%-=%A+S and S/%>*C/S
'6N"/" O 7D/ NA7*-NAL
=->/%N+/N7 are N-7 covered under
Section #1 /PC/P7 where the L=6 is duly
designated as the implementing agency for
such pro5ects4 facilities4 programs and
services.
A "evolution? act by which the national
government confers power and authority
upon various L=6s to perform specific
function and responsibilities4
*ncludes the transfer of assets4
e@uipments4 records and personnel of
national agencies and offices to L=6s
%egional offices of national agencies
shall be phased out within # years from
approval of Code.
Career regional director which cannot be
absorbed by the L=6 shall be retained by
the national government w!o diminution.
Power to =enerate and Apply %esources
/stablish an organization that shall be
responsible for the efficient and effective
implementation of their development plans4
programs4 ob5ectives and priorities
7o create their own sources of revenue
7o levy ta(es4 fees and charges which
shall accrue e(clusively to their own use and
disposition and which shall be retained by
them
7o have a 5ust share in the national ta(es
which shall be automatically and directly
released to them without need of any further
action
7o have an e@uitable share in the
proceeds from the utilization and
development of the national wealth and
resources with their respective territorial
5urisdictions
"evelop4 lease4 encumber4 alienate or
otherwise dispose of real or personal
property held by them in their proprietary
capacity and to apply their resources and
assets for productive4 developmental or
proprietary powers and functions and
thereby ensure their development into selfA
reliant communities and active participants
in the attainment of national goals.
L=6s have no power to ta(
instrumentalities of the National
=overnment4 e.g. PA=C-%
'undamental Principles governing the
e(ercise of ta(ing and other revenueAraising
powers of L=6s
#. 7a(ation shall be uniform in all L=6s
&. 7a(es4 fees4 charges and other
impositions shall be
e@uitable based as far as practicable on
the ta(payerKs ability to pay)
levied and collected only for public
purpose)
not un5ust4 e(cessive4 oppressive or
confiscatory) and
not contrary to law4 public policy4
national economic policy or in restrain of
trade)
$. collection of ta(es4 fees4 charges and
other impositions shall not be left to any
private person
,. revenue collected shall inure solely to
the benefit and be sub5ect to the disposition
#J&
by the L=64 unless specifically provided
herein
.. each L=6 shall evolve a progressive
system of ta(ation.
/(ercise by L=6 of the power to ta( is
ordained by the Constitution) only
guidelines and limitations that may be
established by Congress can define and
limits such power of local governments.
Secretary of Eustice can review the
constitutionality or legality of ta( ordinance
and if warranted4 revo;e it on either
grounds
/(emption may be withdrawn at the
pleasure of the ta(ing authority.
/(ception? where the e(emption was
granted to private parties based on material
consideration of a mutual nature4 which then
becomes contractual and is covered by the
nonAimpairment clause of the Constitution.
'undamental Principles governing
financial affairs4 transactions and operations
of the local government?
;. no money shall be paid out of the local
treasury /PC/P7 in pursuance of
appropriation ordinance or $a!
<. local government funds and monies shall
be spent solely for p%b$ic p%rpose
(. local revenue is generated only rom
so%rces e7press$) a%t&orized b) $a! or
ordinance and collection shall at all times be
ac;nowledged properly
=. all monies officially received by a local
government officer in an) capacit) shall be
acco%nted or as $oca$ %nds unless
otherwise provided by law
>. tr%st %nds in the local treasury shall
not be paid out e(cept in fulfillment of the
purpose for which the trust was created or
the funds received
?. every officer of the L=6 whose duties
permit or re@uire the possession or custody
of local funds shall be proper$) bonded and
such officer shall be accountable and
responsible for said funds and for
safe;eeping
@. local governments shall formulate so%nd
inancia$ p$ans and t&e $oca$ b%dgets shall
be based on functions4 activities and pro5ects
in terms of e(pected results
A. local budget plans and goals shall4 as far
as practicable4 be &armonized !it&
nationa$ development plans4 goals4
strategies in order to optimize the utilization
of resources and to avoid duplication in the
use of fiscal and physical resources
B. local budgets shall operationa$ize
approved local development plans
;:. L=6s shall ensure that theirs respective
budget incorporate t&e re3%irements o
t&eir component %nits and pro#ide or
e3%itab$e a$$ocation of resources among
those
;;. national planning shall be based on $oca$
p$anning
;<. isca$ responsibi$it) shall be shared by
all those e(ercising authority over financial
affairs4 transactions and operations of the
L=6s
;(. the L=6 shall endeavor to have a
ba$anced b%dget in each fiscal year of
operation
/minent "omain
A 7hrough chief e(ecutive and acting
pursuant to an ordinance
A 'or public purpose!use!welfare4 for the
benefit of the poor and landless
A Payment of 5ust compensation
A >alid and definite offer has been
previously made to the owners and such
offer was not accepted
A L=6 may immediately ta;e possession?
#. upon filing of the e(propriation and
&. ma;ing a deposit with the proper court
of at least #.H of the '+> of the property
based on current ta( declaration of the
property
A Amount to be paid for the property shall
be determined by proper court based on
'+> at the time of 7AL*N= of the
property.
#J$
A Additional Limitations
#. e(ercised by local chief e(ecutive4
pursuant to >AL*" ordinance
&. public use or purpose or welfare4 for the
benefit of the poor and landless
$. after valid and definite offer has been
made to and not accepted by the owner
A Power of eminent domain is e(pressly
granted to the municipality under the L=C
A 8hat is re@uired by law is an
-%"*NANC/4 not a resolution.
-rdinance is a law while a resolution is
merely a declaration of sentiment or opinion
of a lawAma;ing body on a specific matter
$
rd
reading is needed for an ordinance4
not for a resolution unless decided otherwise
by a ma5ority of the members of the
Sanggunian
%eclassification of Lands
A City!municipality through ordinance
passed after conducting public hearings
A Authorize reclassification of agricultural
lands
A And provide for the manner of their
utilization!disposition
A =rounds?
#. land ceases to be economically feasible
and sound for agricultural purposes as
determined by "epartment of Agriculture
&. land shall have substantially greater
economic value for residential4 commercial
or industrial purposes4 as determined by the
sanggunian
A %eclassification shall be limited to the
following percentage of the total agricultural
land area at the time of the passage of the
ordinance?
#. highly urbanized cities and independent
component cities? #.H
&. component cities and #
st
to $
rd
class
municipalities? #JH
$. ,
th
to 3
th
class of municipalities? .H
Provided that agricultural land distributed to
land reform beneficiaries shall not be
affected by such reclassification.
Closure and -pening of %oads
A Pursuant to an ordinance
A Permanently or temporarily close or
open any road4 alley4 par; or s@uare falling
within its 5urisdiction
A Provided4 in case of permanent closure4
ordinance must be approved by at least &!$
of all members of the sanggunian and when
necessary4 an ade@uate substitute for the
public facility shall be provided.
A Additional limitations?
#. ade@uate provision for the maintenance
of public safety
&. property may be used or conveyed for
any purpose for which other real property
may be lawfully used or conveyed but no
freedom par;s shall be closed permanently
without provision for its transfer or
relocation to a new site.
$. temporary closure may be made during
an actual emergency4 fiesta celebration4
public rallies4 etc.
A +unicipality has the authority to?
#. prepare and adopt a land use map
&. promulgate zoning ordinance
$. close any municipal road
A provincial roads and city streets are
property for public use and under absolute
control of Congress) they are outside
commerce of man and cannot be disposed to
private persons
A Power to vacate is discretionary on the
Sanggunian
A 8hen properties are no longer intended
for public use4 the same may be used or
conveyed for any lawful purpose and may
even become patrimonial and sub5ect to
common contract.
A City Council has the authority to
determine whether or not a certain street is
still necessary for public use.
Local Legislative Power
/(ercised by local sanggunian
Products of legislative action
#J,
#. ordinance prescribes permanent rule of
conduct
&. resolution temporary character)
e(presses sentiment
%e@uisites?
#. not contravene the Constitution or
statute
&. must not be unfair or oppressive
$. must not be partial or discriminatory
,. must not prohibit but regulate trade
.. must not be unreasonable
3. must be general in application and
consistent with public policy
Approval of -rdinances passed by
SAN==6N*AN= PANLALA8*=AN4
SAN==6N*AN= PANL6N=S-"4
SAN==6N*AN= AOAN shall be
approved by?
#. the local chief e(ecutive4 affi(ing his
signature on each and every page
&. local chief e(ecutive vetoes the same
and the veto is overridden by &!$ vote of all
the members of the sanggunian.
7he local chief e(ecutive may veto only
once.
=rounds?
#. ultra vires
&. pre5udicial to the public welfare
De may veto any particular item!s of an?
#. appropriation ordinance
&. ordinance!resolution adopting a
development plan and public investment
program
$. ordinance directing the payment of
money or creating liability
7he veto shall not affect the item!s not
ob5ected to.
7he veto shall be communicated by the
local chief e(ecutive to the sanggunian
w!in #. days in case of a province
w!in #J days in case of a municipality
-therwise4 the ordinance shall be
deemed approved4 as if signed
=rant of veto power accords the +ayor
the discretion whether or not to approve the
resolutionG signature on the resolution is
N-7 ministerial duty of the +ayor.
-rdinance enacted by the sangguniang
barangay shall4 upon approval by a ma5ority
of all its members4 be signed by the punong
barangay no veto power.
%eview by Sangguniang Panlalawigan
w!in $ days from approval4 the secretary
of the sangguniang panlungsod 9in
component cities: or sangguniang bayan
shall forward to the sangguniang
panlalawigan for review copies of approved
ordinances and resolutions.
Sangguniang panlalawigan shall review
the same w!in $J days
*f it finds that it is beyond the power of
the sangguniang panlungsod!sangguniang
bayan4 it shall declare the
ordinance!resolution invalid.
*f no action is ta;en w!in $J days4 it is
presumed consistent w! law and valid.
%eview of arangay -rdinance
w!in #J days from enactment4 the
sangguniang barangay shall furnish copies
of all barangay ordinances to the
sangguniang panlungsod or sangguniang
bayan for review.
*f the reviewing sanggunian finds that it
is inconsistent with law or city or municipal
ordinances4 the sangguniang concerned4
shall within $J days return the same with its
comments and recommendations to the
sangguniang barangay for ad5ustment4
amendment or modification.
7he effectivity of the ordinance is
suspended.
*f no action is ta;en by the reviewing
sangguinan within $J days4 the ordinance is
deemed approved.
/nforcement of "isapproved
-rdinance!%esolutions
Attempt to enforce an ordinance or
resolution approving the local development
plan and public investment program4 after
disapproval4 shall be sufficient ground for
#J.
the suspension or dismissal of the official or
employee concerned.
/ffectivity
o 6nless otherwise stated in the
ordinance!resolution4 the same shall ta;e
effect A'7/% #J "AOS from the "A7/ A
C-PO *S P-S7/" *N 7D/ 6LL/7*N
-A%" at the entrance of the provincial
capitol or city4 municipal or barangay hall4
and in at least & other conspicuous places in
the L=6.
o =ist of all ordinance 8! P/NAL
SANC7*-NS shall be
P6L*SD/" in a newspaper of general
circulation within the province where the
local legislative body belongs)
absence of newspaper of general
circulation4 P-S7*N= shall be made in all
municipalities and cities of the province
where the sanggunian of origin is situated.
o *n highly urbanized and independent
component cities4 the main features of the
ordinance or resolution duly enacted shall4
P-S7/"4
P6L*SD/" once in a local newspaper
of general circulation within the city)
if there is no such newspaper within the
city4 then P6L*CA7*-N shall be made in
any newspaper of general circulation.
Authority over Police 6nits
As may be provided by law.
Corporate Powers
A L=6s shall en5oy full autonomy in the
e(ercise of their proprietary functions and in
the management of their economic
enterprises
#. Continuous succession in its corporate
name
&. 7o sue and be sued
$. 7o have and use a corporate seal
,. 7o ac@uire and convey real or personal
property
.. Power to enter into contracts
3. 7o e(ercise such other powers as are
granted to corporations4 sub5ect to
limitations provided in the Code and other
laws
Continuous succession in its corporate name
7o sue and be sued
Suit is commenced by the L-CAL
/P/C67*>/4 upon authority of the
SAN==6*N*AN e(cept when the C*7O
C-6NC*L-%S4 by themselves and as
representatives of or on behalf of the City
bring the action to prevent unlawful
disbursement of City funds.
+unicipality cannot be represented by a
private attorney.
-nly the Provincial 'iscal or the
+unicipal Attorney. 7his is mandatory.
/(ception? when the Provincial 'iscal is
dis@ualified to represent it and the fact of
dis@ualification appears on record.
'iscalKs refusal to represent the
municipality is not a legal 5ustification. 7he
+unicipality should re@uest "-E Secretary
to appoint an Acting Provincial 'iscal
7he legality of the representation of an
unauthorized counsel may be raised at any
stage of the proceeding.
+unicipal Attorney may validly adopt
the wor; already performed by a private
lawyer provided that no in5ustice is
committed against the adverse party and that
no compensation has been paid to the
private counsel.
7o have and use a corporate seal
6se4 modify or change corporate seal
Any change shall be registered with
"*L=
7o ac@uire and convey real or personal
property
L=6 may ac@uire real or personal4
tangible or intangible property in any
manner allowed by law.
#J3
L=6 may only alienate patrimonial
property4 upon proper authority
Absence of proof that the property was
ac@uired through corporate or private funds4
the presumption is that it came from the
State4 thus4 governmental or public property.
7own plazas are properties of public
domain) they may be occupied temporarily
but only for the duration of an emergency
Public Plaza is beyond the commerce of
man and cannot be the sub5ect of lease or
other contractual underta;ing
Public streets or thoroughfares are
property for public use4 outside the
commerce of man and may not be the
sub5ect of lease or other contracts
Procurement of supplies is made through
public competitive bidding
o /(ception? amount is minimal
Power to enter into contracts
%e@uisites of >alid +unicipal Contracts
#. L=6 has the e(press4 implied or
inherent power to enter into the particular
contract
&. 7he contract is entered into by the
proper department4 board4 committee4
officer4 or agent.
o 6nless otherwise provided4 no contract
may be entered into by the local chief
e(ecutive without prior authorization by the
sangguinian concerned.
$. comply with substantive re@uirements
,. comply with formal re@uirements
6ltra >ires Contracts? contracts entered
into without compliance with first and third
re@uisites ultra vires and void.
Cannot be ratified or validated.
%atification of defective municipal
contracts is possible only when there is nonA
compliance with the &
nd
and!or ,
th
re@uisite.
"oes not provide that the absence of an
appropriation ordinance ipso facto ma;es a
contract entered into by a L=6 null and
void. Public funds may be disbursed not
only pursuant to an appropriation law4 but
also pursuant of other specific statutory
authority.
Police power prevails over nonA
impairment clause.
reach of contractual obligations city
liable for damages
Authority to negotiate and secure grants
Local chief e(ecutive upon authority of
the sangguinian
Negotiate and secure financial grants or
donations in ;ind
*n support of the basic services and
facilities in Section #1
'rom local and foreign assistance
agencies
8ithout necessity of securing clearance
or approval from any department4 agency4 or
office of the national government or from
any higher L=6
Provided4 pro5ects financed by such
grant or assistance with national security
implications shall be approved by the
national agency concerned.
7o e(ercise such other powers as are granted
to corporations4 sub5ect to limitations
provided in the Code and other laws
III. -UNICIPAL LIA/ILIT6
%ule? L=6s and their officials are N-7
e(empt from liability for "/A7D or
*NE6%O to persons or "A+A=/ to
property
Specific Provisions +a;ing L=6s liable?
#. Article &#204 CC? 7he L=6 is liable in
damages for death or in5uries suffered by
reason of the "/'/C7*>/ C-N"*7*-N of
roads4 streets4 bridges4 public buildings and
other public wor;s.
Attaches even if the road does not
belong to the L=64 provided that the City
e(ercises control or supervision over said
road.
#J1
&. Article &#2J4 CC? 7he State is
responsible when it acts through special
agents
$. Article $,4 CC? 7he L=6 is subsidiarily
liable for damages suffered by a person by
reason of the 'A*L6%/ or %/'6SAL of a
member of the P-L*C/ '-%C/ to render
aid and protection in case of danger to life
and property.
Liability for 7ort decisions P%*-% to L=C
#. if a L=6 is engaged in
=->/%N+/N7AL functions4 it is N-7
liable
&. if a L=6 is engaged in proprietary
function4 it is liable
City is liable for the tortuous acts of its
employees under the principle of respondeat
superior
$. Liability for illegal dismissal of
employee
Absent proof of malice or bad faith
which attended the illegal dismissal cannot
be held personally accountable
+unicipal corporation4 whether or not
included in the complaint for recovery of
bac; salaries due to wrongful removal from
office is liable
,. Local officials may be held personally
liable
Acted beyond the scope of their
authority and with bad faith
+ust be sued in their personal capacity
8hen they act maliciously and wantonly
and in5ure individuals rather than discharged
a public duty4 they are personally liable.
Liability for >iolation of the Law
#. closed part of a municipal street without
indemnification liable for damages
&. nonApayment of minimum wage to
employees
$. refusal to abide by the 7%-
Liability for Contracts
#. %ule? A municipal corporation4 li;e an
ordinary person4 is liable on a contract it
enters into4 provided that the contract is intra
vires.
*f the contract is utra vires4 the municipal
corporation is not liable.
&. a private indivisual who deals with a
municipal corporation is imputed
constructive ;nowledge of the e(tent of the
power o authority of the municipal
corporation to enter into contracts.
$. ordinarily4 estoppel does not lie against
the municipal corporation.
,. "octrine of *mplied +unicipal Liability?
a municipality may become obligated upon
an implied contract to pay the reasonable
value of the benefits accepted or
appropriated by it as to which it has the
general power to contract.
Applies to all cases where money or
property of a party is received under such
circumstances that the general law4
independent of an e(press contract4 implies
an obligation to do 5ustice with respect to the
same.
Cannot set up plea that it is ultra vires
but still retain the benefits.
/Stoppel cannot be applied against a
municipal corporation in order to validate a
contract which the municipal corporation
has no power to ma;e or which it is
authorized to ma;e only under prescribed
limitations or in a prescribed mode or
manner even if the municipal corporation
has accepted benefits.
*f a suit is filed against a local official
which could result in personal liability4 the
latter may engage the services of private
counsel.
I*. LOCAL O++ICIALS
Provisions applicable to elective and
appointive local officials
#. Prohibited usiness and Pecuniary
*nterest
#J2
6nlawful for any local government
official!//4 directly or indirectly4 to?
#. engage in any business transaction with
the L=6 which he is an official or employee
or over which he has the power of
supervisions
&. hold such interest in any coc;pit or other
games licensed by the L=6
$. purchase any real estate or other
property forfeited in favor of the L=6 for
unpaid ta(es or by virtue of legal process at
the instance of L=6
,. be a surety for any person contracting or
doing business with the L=6 for which a
surety is re@uired
.. possess or use any public property of the
L=6 for private purpose
3. prohibitions and inhibitions prescribed in
%A 31#$
&. Practice of Profession
#. =->/%N-%S4 C*7O and +6N*C*PAL
+AO-%S are prohibited from practicing
their profession or engaging in any
occupation other than the e(ercise of their
function.
&. SAN==6N*AN +/+/%S may
practice their profession4 engage in any
occupation4 or teach in schools /PC/P7
during session hours.
Provide that those who are also
+/+/%S of the A% shall N-7?
#. appear as counsel before any court in
any civil case wherein the L=6 is the
adverse party
&. appear as counsel in any criminal case
wherein an officer or // of the national or
local government is accused of an offense
committed in relation to his office
$. collect any fee for their appearance in
administrative proceedings involving the
L=6
,. use property and personnel of the
government e(cept when the sanggunian
member is defending the interest of the
government.
Prohibition against private practice4 if
such practice represents interests adverse to
the government.
$. "-C7-%S of medicine may practice
their profession even during -''*C*AL
D-6%S of wor; only on occasions of
emergency. Provided they do not derive
monetary compensation.
$. Prohibition Against Appointment
#. not eligible for appointment!designation
in any capacity to any public office!position
during his tenure.
Shall not hold any other office or
employment in the government4 unless
otherwise allowed by law or the primary
functions of the office.
&. no candidate who lost in any election
shall4 within one year after such election be
appointed to any office in the government
/(cept? losing candidates in barangay
elections
/lective Local -fficials
<ualifications
#. C*7*N/NS of the Philippines
&. %/=*S7/%/" >-7/% in the barangay4
municipality4 city4 province
or in case of a member of the
Sangguniang Panlalawigan4 Panlungsod or
ayan the district where he intends to be
elected.
$. %/S*"/N7 therein for at least # year
immediately preceding the election
,. able to read and write 'ilipino or any
other local language or dialect
.. on election day4 must be at least
&. governor4 viceAgov4 members of the
sangguniang panlalawigan4 mayor4 viceA
mayor or members of the sangguniang
panlungsod of highly urbanized cities
&# mayor4 viceAmayor of independent
component cities4 component cities or
municipalities
#2 members of the sangguniang
panlungsod or sangguniang bayan or punong
#J0
barangay or member of the sangguiniang
barangy
At least #. but not more than &#
sangguniang ;abataan
Bnot more than &#C is not e@uivalent to
Bless than &&C
"is@ualifications
#. sentenced by final 5udgment for an
offense involving moral turpitude or for an
offense punishable by # year or more of
imprisonment within & years after serving
sentence
&. removed from office as a result of
administrative case
$. convicted by final 5udgment for violating
the oath of allegiance to the %epublic
,. dual citizenship
.. fugitives from 5ustice in criminal or nonA
political cases here or abroad
3. permanent residents in a foreign country
or those who have ac@uired the right to
reside abroad and continue to avail of the
same right after the effectivity of the Code
1. insane or feebeleAminded
/L/C7*>/ L-CAL -''*C*AL
removed via administrative case before
Eanuary #4 #00& 9date of effectivity of the
L=C: is N-7 dis@ualified.
+anner of /lection
#. =overnor4 >iceA=overnor4 City or
+unicipal +ayor4 City or +unicipal >iceA
+ayor and Punong arangay elected at
large
&. Sangguniang Labataan Chairman
elected by registered voters of the ;atipunan
ng ;abataan
$. %egular +embers of the Sangguniang
Panlalawigan4 Panlungsod and ayan
elected by district.
,. Presidents of the leagues of Sangguinang
+embers of component cities and
municipalities serve as e(Aofficio
members of the sangguniang panlalawigan
.. Presidents of the Liga ng mga arangay
and Pederasyon ng mga Sangguniang
Labataan elected by their respective
chapters serve as e(Aofficio members of
the sangguniang panlalawigan4 panlungsod
or bayan.
3. # sectoral representative from women4
wor;er and any of the ff?
a. 6rban poor
b. *ndigenous cultural communities
c. "isabled persons
d. Any other sectors as may be determined
by the sanggunian concerned w!in 0J days
prior to the holding of the ne(t local
election.
"ate of /lection
/very $ years
&
nd
+onday of may
6nless otherwise provided by law
7erm of -ffice
$ years starting from noon of Eune $J4
#00& -% such date as may be provided by
law
/(cept that of barangay official
No elective local official shall serve for
more than $ consecutive terms in the same
position
7erm of barangay officials and members
of the sangguniang ;abataan . years
A $Aterm limit on a local official is to be
understood to refer to terms for which the
official concerned was elected.
A De must have been elected to the same
position for the same number of times
before the dis@ualification can apply.
A Prohibited election refers to the ne(t
regular election for the same office
following the end of the third consecutive
term. Any subse@uent election4 li;e a recall
election4 is no longer covered by the
prohibition?
##J
#. subse@uent election li;e a recall election
is no longer an immediate reAelection after
three consecutive terms
&. intervening period constitutes an
involuntary interruption in the continuity of
service
%ules on Succession
A Permanent vacancies?
#. fills a higher vacant office
&. refuses to assume office
$. fails to @ualify
,. dies
.. removed from office
3. voluntarily resigns
1. permanently incapacitated to discharge
the functions
a. =overnor!+ayor >iceA
=overnor!>iceA+ayor
b. >iceA=overnor!>iceA+ayor highest
ran;ing sanggunian member -% &
nd
highest
ran;ing4 and subse@uent vacancies shall be
filled automatically by the other sanggunian
members according to their ran;ing
%an;ing in the sanggunian member shall
be determined on the basis of the proportion
of votes obtained by each winning candidate
to the total number of registered voters in
each district in the immediately preceding
election.
+ode of succession for permanent
vacancies may also be applied in cases of
temporary vacancies.
c. Punong arangay highest ran;ing
sanggunian barangay member -% &
nd
highest
7ie between or among the highest
ran;ing sanggunian members shall be
resolved by drawing lots.
d. Sanggunian member where automatic
succession do not apply?
#. appointment by P%/S*"/N74 through
/(ecutive Secretary in the case of
Sangguniang Panlalawigan or Panlungsod of
highly urbanized cities and independent
component cities
&. apponted by =->/%N-%
sangguniang panlungsod of component
cities and the sangguniang bayan
$. appointed by C*7O or +6N*C*PAL
+AO-% sangguniang barangay upon
recommendation of the sangguniang
barangay concerned
/PC/P7 for the sangguniang barangay4
only the nominee of the political party under
which the sanggunian member concerned
had been elected and whose elevation to the
position ne(t higher in ran; created the last
vacancy in the sanggunian shall be
appointed.
A nomination and a certificate of
membership of the appointee from the
highest official of the political concerned are
conditions sine @ua non.
*n case the permanent vacancy is caused
by a sanggunian member who does not
beling in any political party4 the local chief
e(ecutive shall upon recommendation of the
sangguinian concerned4 shall appoint a
@ualified person to fill the vacancy.
%eason? to maintain party representation
%ecommendation by the sanggunian
ta;es the place of nomination by the
political party 9since members of the
sanggunian barangay are prohibited to have
party affiliation: and is considered condition
sine @ua non.
>acancy in the representation of the
youth and the barangay in the sanggunian
filled automatically by the official ne(t in
ran; of the organization concerned.
+ember of the Sangguniang Labataan
who obtained the ne(t highest number of
votes shall succeed as Chairman if the latter?
#. refuses to assume office
&. fails to @ualify
$. convicted of a crime
,. voluntarily resigns
.. dies
###
3. permanently incapacitated
1. removed from office
2. has been absent without leave for more
than $ consecutive months
S ineligibility is not one of the causes
enumerated in L=C
7emporary >acancies
=overnor!City or +uncipal
+ayor!Punong arangay is temporarily
incapacitated4 due to but not limited to?
#. leave of absence
&. travel abroad
$. suspension from office
vice governor!city or municipal viceA
mayor or the highest ran;ing sanggunian
barangay member shall automatically
e(ercise the powers and perform the duties
/PC/P7?
#. power to appoint
&. power to suspend
$. power to dismiss
S which can be e(ercised only if the period
of temporary incapacity e(ceeds $J wor;ing
days.
A 7emporary incapacity shall terminate
upon submission to the appropriate
sanggunian of a written declaration that he
has reported bac; to office.
A *f temporary incapacity due to legal
causes shall also submit necessary
documents showing that legal cause no
longer e(ists.
*f local chief e(ecutive traveling within the
country but outside his territorial 5urisdiction
for a period not e(ceeding $ consecutive
days4 he may designate in writing the
officerAinAcharge of the office.
A Such shall specify the powers and
functions
A *f the local chief e(ecutive refuses to
issue such authorization4 the vice
governor!city or municipal viceAmayor or
the highest ran;ing sanggunian barangay
member shall have the right to assume on
the ,
th
day of the absence of the local chief
e(ecutive /PC/P7
#. power to appoint
&. power to suspend
$. power to dismiss
Compensation
determined by the Sanggunian
concerned
elective barangay official?
#. honoraria
&. allowances and other emoluments4
which in no case less that P#4JJJ!month for
the punong barangay and P3JJ for the
sangguniang barangay members
/lective local officials entitled to the
same leave privileges as those en5oyed by
appointive local officials4 including
cumulation and commutation
%esignation
A deemed effective upon acceptance by the
ff?
#. President governor!viceA
gov!mayor!viceAmayor of highly urbanized
cities and independent component cities
&. =overnor municipal mayors!viceA
mayors!city mayors!viceAmayors of
component cities
$. Sanggunian concerned sanggunian
members
,. city or municipal mayor barangay
officials
A resignation is deemed accepted if not
acted upon within #. wor;ing days from
receipt
A irrevocable resignations by sanggunian
members shall be deemed accepeted upon
#. presentation before an open session
&. duly entered un its record
$. /PC/P7? where sangguniang members
are sub5ect to recall elections or to cases
##&
where e(isting laws prescribe the manner of
acting upon such resignations.
=rievance Procedure
A Local chief e(ecutive shall establish
procedure
"iscipline
=rounds
disciplined!suspended!removed
#. "isloyalty to the Philippines
&. Culpable violation of the Constitution
$. "ishonesty4 oppression4 misconduct in
office4 gross negligence4 or dereliction of
duty
A Acts of lasciviousness cannot be
considered misconduct) to constitute a
ground for disciplinary action4 official
charged with the offense must be convicted
in the criminal action
,. Commission of any offense involving
moral turpitude or an offense punishable by
at least prision mayor
.. abuse of authority
3. unauthorized absence of #. consecutive
wor;ing days e(cept in the case of members
of the sangguniang panlalawigan4
panlungsod4 bayan and barangay
1. application for4 or ac@uisition of4 foreign
citizenship or residence or the status of an
immigrant of another country
2. other grounds as may be provided in this
code and other laws
A An elective local official may be
removed from office on the above grounds
by order of the proper court.
Complaints verified complaint against)
#. provincial!highly urbanized city or
independent component city elective official
filed before -ffice of the President
&. /lective municipal officials filed
before Sangguniang Panlalawigan
appealable to -ffice of the President
$. /lective barangay official filed before
Sangguiniang Panlungsod or Sangguniang
ayan final and e(ecutory
P%->*NC*AL!D*=DLO 6%AN*N/"
C*7O -% *N"/P/N"/N7 C-+P-N/N7
C*7O /L/C7*>/ -''*C*AL '*L/"
/'-%/ -''*C/ -' 7D/ P%/S*"/N7
A Local governments under supervision of
the /(ecutive.
A 7he Constitution allows Congress to
include in L=C provisions for removal of
local officials) L=C has delegated its
e(ercise to the President.
A President has delegated the power to
investigate complaints to the Secretary of
"*L= alter ego principle
A %ight to formal investigation appeal
and defend himself in person or by counsel)
confront witnesses against him) compulsory
process for the attendance of witnesses and
the production of documents.
/L/C7*>/ +6N*C*PAL -''*C*ALS
'*L/" /'-%/ SAN==6N*AN=
PANLALA8*=AN APP/ALAL/ 7-
-''*C/ -' 7D/ P%/S*"/N7
A -n appeal from decision of the
Sanggunian Panlalawigan4 the President
may stay e(ecution of appealed decision
A "ecision of Sanggunian Panlalwigan
must be?
#. in writing
&. state clearly and distinctly the facts and
the reasons for the decisions
$. signed by the re@uisite ma5ority of the
sanggunian
/L/C7*>/ A%AN=AO -''*C*AL
'*L/" /'-%/ SAN==6*N*AN=
PANL6N=S-" -% SAN==6N*AN=
AOAN '*NAL AN" /P/C67-%O
##$
Preventive Suspension may be imposed by
the P%/S*"/N74 =->/%N-% or +AO-%
A any time after the issues are 5oined
A evidence of guilt is strong
A given the gravity of the offense
A there is great probability that the
continuance in office could influence the
witnesses or pose threat to the safety and
integrity of the records and other evidence
A Provided4 single preventive suspension
shall not e(tend beyond 3J days
A *n the event that several administrative
cases are filed4 he cannot be suspended for
more than 0J w!in a single year on the same
ground or grounds e(isting and ;nown at the
time of the first suspension.
A Authority to preventively suspend is
e(ercised concurrently by the -mbudsman
si( 93: months
A 7he preventive suspension of an elective
local official by the Sandiganbayan shall
only be for 3J days and not 0J days.
A 6pon e(piration of preventive
suspension4 officer shall be %/*NS7A7/"
to office without pre5udice to the
C-N7*N6A7*-N -' 7D/
P%-C//"*N=S which shall be terminated
within #&J days from the time he was
formally notified of the case against him.
A Abuse of e(ercise of power of
preventive suspension abuse of authority
Penalty
A Penalty of suspension shall not e(ceed
his une(pired term or a period of 3 months
for every administrative offense
A Nor shall penalty be a bar to candidacy
as long as he meets re@uirements
A Penalty of removal from office as a
result of an administrative case shall be a bar
to the candidacy for any elective office.
A Not more than 3 months for each
offense) provide4 the total does not e(ceed
the une(pired portion of his term
Administrative Appeal w!in $J days from
receipt
#. to Sangguniang Panlalawigan
component citiesK sangguniang panlungsod
and sangguniang bayan
&. to -P Sangguniang Panlalawigan and
Sangguniang Panlungsod of highly
urbanized cities and independent component
cities
A decisions of -P final and e(ecutory
A administrative appeal to -P is possible)
only means that administrative appeal will
not prevent enforcement of the decision
A appeal shall not prevent decision from
being e(ecuted
A during pendency of appeal shall be
considered as having been placed under
preventive suspension
A -P may stay e(ecution of a decision
pending appeal
/ffect of %eAelection
A ars continuation of administrative case
against him
A %eAelection is tantamount to condonation
by the people
Appointive Local -fficials
%esponsibility for human resources and
development
A Local chief e(ecutive
A +ay employ emergency or casual
employees or laborers paid on daily wage or
piecewor; basis and hired through 5ob
orders for local pro5ects authorized by
sanggunian4 without need of approval from
CSC
A Said employment shall not e(ceed 3
months.
-fficials Common to all
+unicipalities!Cities!Provinces
#. Secretary to the Sanggunian
##,
&. 7reasurer
$. Assessor
,. Accountant
.. udget -fficer
3. Planning and "evelopment Coordinator
1. /ngineer
2. Dealth -fficer
0. Civil %egistrar
#J. Administrator
##. Legal -fficer
#&. Agriculturist
#$. Social 8elfare and "evelopment -fficer
#,. /nvironment and Natural %esources
-fficer
#.. Architect
#3. *nformation -fficer
#1. Cooperatives -fficer
#2. Population -fficer
#0. >eterinarian
&J. =eneral Services -fficer
A *n the barangay4 mandated appointive
officials?
#. arangay Secretary
&. arangay 7reasurer
Administrative "iscipline in accordance
with civil service law and other pertinent
laws
#. Preventive Suspension
A Local chief e(ecutive
A Period not e(ceeding 3J days
A Any subordinate officer or employee
under his authority
A Pending investigation
A *f the charge involves?
#. dishonesty
&. oppression
$. grave misconduct
,. neglect in the performance of duty
.. or if there is reason to believe that
respondent is guilty of the charges which
would warrant removal
&. "isciplinary Eurisdiction
A Local chief e(ecutive may impose
penalty of ?
#. removal
&. demotion in ran;
$. suspension for not more than # year
without pay
,. fine in an amount not e(ceeding 3
monthsK salary
.. reprimand
A *f penalty is suspension without pay for
not more than $J days4 decision shall be
final.
A *f heavier4 appealable to CSC which
shall decide the appeal within $J days from
receipt.
A "isciplinary authority over City
%evenue -fficer City 7reasure N-7
+ayor.
*. INTER2GO*ERN-ENTAL
RELATIONS
National =overnment
Power of =eneral Supervision
A President over L=6s
A Supervisory authority directly over
provinces4 highly urbanized cities and
independent component cities.
A 7hrough the Province with respect to
component cities and municipalities
A 7hrough City and +unicipality with
respect to barangays
Coordination with National Agencies
A National agencies and offices with
pro5ect implementation functions shall
coordinate with one another and with the
L=6
A /nsure participation of L=6 in planning
and implementation of national pro5ects.
Consultation
A efore pro5ect or program shall be
implemented?
#. consultation
&. prior approval of sanggunian
##.
A Provided4 occupants in areas where such
pro5ects are to be implemented shall not be
evicted unless appropriate relocation sites
have been provided.
Philippine National Police
A -perational supervision of local chief
e(ecutive police force4 fire protection
unit and 5ail management personnel
*nterALocal =overnment %elations
A Province through =overnor
/nsure that every component city and
municipality within its territorial 5urisdiction
acts within the scope of its prescribed
powers
Dighly urbanized cities and independent
component cities shall be independent of the
province.
=overnor shall review a) /os
promulgated by the component city or
municipal mayor within its 5urisdiction.
7he city or municipal mayor shall
review all /-s promulgated by the punong
barangay within his 5urisdiction.
'ailure to act w!in $J days from
submission deemed consistent with law
and therefore valid.
A *n the absence of a municipal legal
officer4 municipal government may secure
opinion of provincial legal officer) absence
of the latter4 provincial prosecutor.
A City or +unicipal +ayor e(ercise
general supervision over component
barangays
A L=6s may through appropriate
ordinance group themselves4 consolidate or
coordinate their efforts!services!resources
for purposes commonly beneficial to them.
Contribute fund upon approval by
sanggunian after public hearing
PeopleKs and NonA=overnmental
-rganizations
L=6Ks shall promote their establishment
to become active partners in the pursuit of
local autonomy.
L=6s may enter into 5oint ventures and
other cooperative arrangements with
-rganizations to engage in the delivery of
basic services.
L=64 through local chief e(ecutive with
concurrence of sanggunian4 provide
assistance financial or otherwise to
-rganizations for economic4 sociallyA
oriented4 environmental or cultural pro5ects
to be implemented within its territorial
5urisdiction.
+andated Local Agencies
#. Local School oard
&. Local Dealth oard
$. Local "evelopment Council
,. Local Peace and -rder Council
Settlement of oundary "isputes
#. oundary "isputes between and among
L=6s
Settled amicably
%ules
a. *nvolving & or more barangays in the
same city!municipality referred to
Sangguniang Panlungsod or Sangguniang
ayan
b. *ncolving & or more municipalities in the
same province referred to Sangguniang
Panlalawigan
c. *nvolving municipalities or component
cities in different provinces 5ointly referred
to the sanggunians of the provinces
d. *nvolving a component city or
municipality on the one hand and a highly
urbanized city on the other4 or & or more
highly urbanized cities 5ointly referred to
the respective sanggunians of the parties
##3
&. Sanggunian fails to effect a settlement
within 3J days from the date the dispute was
referred to it4 it shall issue a certification.
$. "ispute shall then be formally tried by
the sanggunian4 which shall decide the issue
within 3J days from the date of the
certification.
,. within the time and manner prescribed
by the %-C4 any party may elevate the
decision of the sanggunian concerned to the
proper %7C having 5urisdiction over the area
in dispute which shall decide the appeal
within # year from filing.
.. Settlement of boundary dispute between
a municipality and an independent
component city in the same province
%7C in the province that can ad5udicate the
controversy.
3. 7he boundaries must be clear for they
define the limits of the territorial 5urisdiction
of the L=6. *t can legitimately e(ercise
powers of government only within the limits
of its territorial 5urisdiction. eyond these
limits4 its acts are ultra vires.
*I. LOCAL INITIATI*E AN,
RE+EREN,U-
Local *nitiative
*t is the legal process whereby the
registered voters of a local government unit
may directly propose4 enact or amend any
ordinance.
*t may be e(ercised by all registered
voters.
Procedure
#. Petition filed with the sanggunian
proposing the adoption4 enactment4 repeal or
amendment of an ordinance
Not less than &4JJJ registered voters in
the region
Not less than #4JJJ registered voters in
cases of provinces and cities
Not less than #JJ voters in case of
municipalities
Not less than .J voters in case of
barangays
&. *f no favorable action ta;en4 within $J
days from presentation4 the proponents
through their duly authorized and registered
representatives4 may invo;e their power of
initiative4 giving notice to the sanggunian
concerned.
$. 7he proposition shall be numbered
serially starting from %oman Numeral *.
7wo or more propositions may be submitted
in an initiative. 7he C-+/L/C or
designated representative shall e(tend
assistance in the formulation of the
proposition.
,. Proponents collect the re@uired number
of signatures within
0J days in case of provinces and cities
3J days in case of municipalities
$J days in case of barangays
'rom N-7*C/
.. 7he petition shall be signed before the
election registrar or his representative4 in
the presence if the a representative of a
proponent and a representative of the
sanggunian in a public place in the local
government unit.
3. Lapse of the period4 C-+/L/C shall
certify as to whether the re@uired the
number of signatures has been obtained.
'ailure to obtain the re@uired number of
signatures. 'ailure to obtain the re@uired
number of signatures defeats the
proposition.
1. *f re@uired number is obtained4 the
C-+/L/C shall set a date for the initiative
during which the proposition is submitted to
the registered voters for their approval?
w!in 3J days in case of provinces
w!in ,. days in case of municipalities
w!in $J days in case of barangays
from date of C/%7*'*CA7*-N by
C-+/L/C.
7he initiative shall be held on the date set4
after which the results shall be certified and
proclaimed by the C-+/L/C.
##1
2. *f the proposition is approved by a
ma5ority of the votes cast4 it shall ta;e effect
#. days after certification by the
C-+/L/C.
Limitations
-n Local *nitiative
#. not be e(ercised more than once a year
&. e(tend only to sub5ects or matters which
are within the legal powers of the
sanggunian to enact
$. at any time before the initiative is held4
the sanggunian adopts in toto the proposition
presented and the local chief e(ecutive
approves the same4 the initiative shall be
cancelled. Dowever4 those against such
action may apply for initiative.
-n the Sanggunian
Any proposition or ordinance approved
through an initiative and referendum shall
not be repealed4 modified or amended by the
sanggunian w!in 3 months from date of
approval.
Amended4 modified or repealed w!in $
years by a vote of all its members.
*n case of barangays4 the period shall be
#2 months after the approval.
Local %eferendum
Legal process whereby the registered
voters of the L=6s may approve4 amend or
re5ect any ordinance enacted by the
sanggunian.
7he local referendum shall be held under
the control and direction of the C-+/L/C?
#. w!in 3J days in case of provinces
&. w!in ,. days in case of municipalities
$. w!in $J days in case of barangays
C-+/L/C shall certify and proclaim
the results of the said referendum.
Authority of Courts
Nothing shall preclude the proper courts
from declaring null and void any proposition
approved pursuant for violation of the
Constitution or want of capacity of the
Sanggunian concerned to enact said
measure.
*II. LOCAL GO*ERN-ENT UNITS
7he arangay
Chief -fficials and -ffices
7here shall be in each barangay?
#. P6N-N= A%AN=AO
&. 1 SAN==6N*AN= A%AN=AO
+/+/%S
$. 7he SAN==6N*AN= LAA7AAN
CDA*%+AN
,. A%AN=AO S/C%/7A%O
.. A%AN=AO 7%/AS6%/%
3. L6P-N= 7A=APA+AOAPA
7he Sangguniang arangay may form
brigades and create such other positions or
offices as may be deemed necessary to carry
out the purposes of the barangay
government.
Punong arangay4 Sangguniang
arangay +embers and members of the
Lupong 7agapamayapa in each barangay
shall be deemed as Persons in Authority in
their 5urisdiction) while other barangay
officials and members who may be
designated by law or ordinance and charged
with maintenance4 protection and security4
and any barangay members who comes to
the aid of persons in authority shall be
deemed agents of persons in authority.
arangay Chairman is a public officer
who may e charged with arbitrary detention.
arangay Chairman entitled to possess
and carry firearms within the territorial
5urisdiction of the barangay.
7he arangay Assembly
Composed of?
#. All persons who are actual residents of
the barangay for at least 3 months4
##2
&. #. years of age or over
$. Citizens of the Philippines
,. "uly registered in the list of barangay
assembly members
+eet at least &( a year to hear and
discuss the semestral report to the
sangguniang barangay concerning its
activities and finances and problems
affecting the barangay.
Latarungang Pambarangay
Lupong 7agapamayapa
Punong barangay as chairman
#J to &J members
Constituted every $ years
Powers of the Lupon
#. /(ercise administrative supervision over
the conciliation panels
&. +eet regularly once a month to provide
a forum for e(change of ideas among its
members and the public of matters relevant
to the amicable settlement of disputes4 and
to enable various conciliation panel
members to share with one another their
observations and e(periences in effecting
speedy resolution of disputes
$. /(ercise such other powers and perform
such other duties and functions as may be
prescribed by law or ordinance
Pang;at ng 7agapag;asundo
Conciliation panel or Pang;at ng
7agapag;asundo shall be constituted for
each dispute brought before the lupon.
Consists of $ members
Chosen by the parties to the dispute
'rom list of members of the lupon
Should the parties fail to agree on the
pang;at membership4 the same shall be
determined by lots drawn by the lupon
chairman
Sub5ect +atter of Amicable Settlement
#. procedure
&. conciliation
$. arbitration
,. effects of settlement and arbitration
award
Sangguniang Labataan
A Creation? 7here shall be in every
barangay a Sangguniang Labataan
#. a Chairman
&. 1 +embers
$. a secretary
,. a treasurer
A An official who4 during his term of
office4 shall have passed the age of &# shall
be allowed to serve the remaining portion of
the term for which he was elected.
Latipunan ng Labataan
Shall be composed of?
#. all citizens of the Philippines actually
residing in the barangay for at least 3
months
&. who are #. but not more than &# years of
age
$. duly registered in the list of the
sangguniang ;abataan or in the official
barangay list in the custody of the barangay
secretary.
*t shall meet once every $ month4 or at
the call of the sangguniang ;abataan
chairman4 or upon written petition of at least
#!&J of its members.
Pederasyon ng mga Sangguniang Labataan
7here shall be an organization of all the
prederasyn ng mga sangguniang ;abataan?
#. in municipalities pambayang
pederasyon
&. in cities panlungsod ng pederasyon
$. in provinces panlalawigang
pederasyon
,. special metropolitan political
subdivision pangmetropolitang
pederasyon
.. on national level pambansang
pederasyon
##0
Leagues of Local =overnment
6nits!-fficials
A Liga ng mga arangay
-rganization of all the barangays for the
primary purpose of determining the
representation of the Liga in the sanggunians
And for ventilating4 articulating and
crystallizing issues affecting barangay
government administration and securing4
through proper and legal means4 solutions.
Liga is empowered to create such other
positions as may be deemed necessary.
League of +unicipalities
-rganized for the primary purpose of
ventilating4 articulating and crystallizing
issues affecting municipal government
administration4 and securing through proper
and legal means4 solutions.
5II. ELECTION CONTESTS
Eurisdiction over /lection Contests
-riginal and /(clusive
#. President!>P SC
&. Senator Senate /7
$. %epresentative D%/7
,. %egional!Provincial!City C-+/L/C
.. +unicipal %7C
3. arangay +7C!+e7C
Appellate
"ecision of %7C!+7C!+e7C Q
e(clusively to C-+/L/C4 whose decision
shall be final4 e(ecutory and unappealable.
/lection Contests for +unicipal -ffices?
o 'iled with %7C shall be decided
e(peditiously.
o "ecision may be appealed to
C-+/L/C w!in . days from promulgation
or receipt of copy by the aggrieved party.
o C-+/L/C shall decide appeal within
3J days after it is submitted for decision4 but
not later than 3 months after the filing of the
appeal4 which decision shall be final4
e(ecutory and unappealable.
o +% is a prohibited pleading.
o C-+/L/C cannot deprive %7C of its
competence to order /P/C67*-N of its
decision P/N"*N= APP/AL4 being a
5udicial prerogative and there being no law
disauthorizing the same.
o *n the e(ercise of its e(clusive appellate
5urisdiction4 C-+/L/C has the power to
issue writs of prohibition4 mandamus or
certiorari.
*n the absence of any e(press provision4
%7C4 a court of general 5urisdiction4 has
5urisdiction over controversies involving
election of members of the Sangguniang
Labataan.
"ecision in appealed cases involving
elective municipal and barangay officials
raised to SC via SCA for certiorari on the
ground that C-+/L/CKs factual finding is
marred by grave abuse of discretion.
%eview of a decision of the /lectoral
7ribunal is possible only in the e(ercise of
supervisory or e(traordinary 5urisdiction4
and only upon showing that the 7ribunalKs
error results from whimsical4 capricious4
unwarranted4 arbitrary or despotic e(ercise
of power.
Purposes of election contests cognizable
by /lectoral 7ribunal D%/7 rules of
procedure prevail over provisions of the
-mnibus /lection Code
Actions which may be 'iled
#. /lection Protest
&. <uo 8arranto
/lection Protest
%e@uisites?
#. filed by any candidate who has filed a
certificate of candidacy and has been vote
upon for the same office.
&. on grounds of fraud4 terrorism4
irregularities or illegal acts committed
before4 during or after casting and counting
of votes
#&J
rights of contending parties must yield to
the far greater interest of the citizens in
upholding the sanctity of the ballot.
C-+/L/C cannot simply close its eyes
to the illegality of the ballots4 even if the
protestant omitted to raise the ground in his
protest.
Dandwriting even without the use of
e(perts) being an internal matter.
-rder regarding the revision of ballots is
an interlocutory order re@uires a party to
perform certain acts leading to the final
ad5udication of the case.
=eneral %ule? 7he filing of an election
protest or @uo warranto precludes the
subse@uent filing of a preAproclamation
controversy or amounts to an abandonment
of one earlier filed4 depriving the
C-+/L/C of the authority to in@uire into
and pass upon the title of the protestee or the
validity of the proclamation.
o /(ceptions?
#. oard of Canvassers was improperly
constituted.
&. <uo 8arranto is not the proper remedy.
$. 8hat was filed was not really a petition
for @uo warranto or an election protest but a
petition to annul a proclamation
,. filing of an election contest was
e(pressly made without pre5udice to the preA
proclamation controversy or was made in ad
cautelam
.. proclamation was null and void 9in
which case the preAproclamation case is not
rendered moot:
general denial does not amount to an
admission of the material allegations in the
protest.
'ailure to commence the revision of
ballots in the counterAprotested precinctsK is
deemed a waiver of his counterAprotest.
-missions are merely administrative
lapses4 error to nullify election results in the
absence of clear showing of fraud.
$. w!in #J days from proclamation of the
results of the election
period for filing election protest is
suspended while preAproclamation case is
pending.
After . days from Proclamation files
appeal in preAproclamation case only .
days left to file election protest.
C-+/L/C may not entertain a counterA
protest filed beyond the reglementary period
to file the same
Petition or protest contesting the election
of a barangay official should be decided by
the +7C!+e7C w!in #. dyas from filing.
Payment of "oc;et 'ees
o Pay doc;et fee of :$JJ
o Additional doc;et fees for damages
o 'ailure to pay4 protest should be
dismissed
%e@uirement for Certificate of Absence
of 'orum Shopping
"eath of Protestant
o "oes not e(tinguish election protest.
o *mbued with public interest involves
not only ad5udication of the private interest
of the rival candidates but also the
paramount need of dispelling once and for
all the uncertainty that beclouds the real
choice of the electorate with respect to who
shall discharge the prerogatives of the office.
o *f persons not real parties in interest in
the action could be allowed to intervene4
proceedings will be unnecessarily
complicated4 e(pensive and interminable.
<uo 8arranto
%e@uisites?
#. filed by any registered voter in the
constituency
&. grounds of ineligibility or disloyalty to
the %epublic
$. w!in #J days from proclamation
"istinction between <uo 8arranto in
elective and appointive office
#&#
#. /lective -ffice
A *ssue is the eligibility of the officerAelect
A Court!tribunal cannot declare protestant
or the candidate who obtained the &
nd
highest
number of votes as having been elected.
7here must be a final 5udgment of
dis@ualification before the election in order
that the votes of the dis@ualified candidate
can be considered Bstray.C
*n voting for a candidate who has not
been dis@ualified by final 5udgment during
election day4 the people voted for him bona
fide4 without any intention to misapply their
franchise and in the honest belief that the
candidate was then @ualified to be the
person to whom they would entrust the
e(ercise of the power s of government.
&. Appointive -ffice
A *ssue is the legality of the appointment
A 7he court determined who of the parties
has legal title to the office
7C may grant a motion for e(ecution
pending appeal4 because the mere filing of
an appeal does not divest the trial court of its
5urisdiction.
Since it had 5urisdiction to act on the
motion at the time it was filed4 that
5urisdiction continued until the matter was
resolved4 and was not lost by the subse@uent
action of the opposing party.
%ationale? to give as much recognition to
the worth of the trial 5udgeKs decision as that
which is initially ascribed by law to the
proclamation of the oard of Canvassers4
7o prevent the Bgrab the proclamation4
prolong the protestC techni@ues.
'actors?
o Public interest involved or will of the
electorate
o Shortness of the remaining portion of the
term
o Length of time that the election contest
has been pending
%easons allowing for immediate
e(ecution must be of such urgency as to
outweigh the in5ury or damage of the losing
party should such party secure a reversal of
5udgment on appeal.
'iled before e(piration of the period for
appeal.
Award of "amages
Actual and compensatory damages may
be awarded in election contests and @uo
warranto proceedings
*ntent of the legislators to do away with
the provisions indemnifying the victorious
party for e(penses incurred in the election
contest4 in the absence of a wrongful act or
omission clearly attributable to the losing
party.
<uestion for damages remain ripe for
ad5udication notwithstanding that the appeal
from a decision of the election case has
already been moot
Contest
*nvolving title or claim of title to an
elective office4 made before or after
proclamation of the winner4 whether or not
the contestant is claiming the office in
dispute.
/lection4 %eturns and <ualifications
Collectively4 all matters affecting the
validity of the contesteeKs title to the
position
/lection
Conduct of the polls
*ncludes
#. listing of votes
&. holding of election campaign
$. casting of votes
,. counting of votes
%eturns
*ncludes?
#. canvass of returns
#&&
&. proclamation of winners
$. @uestions concerning composition of
oard of Canvassers
,. authenticity of elections returns
<ualifications
may be raised in @uoAwarranto
proceeding against proclaimed winner
5III. ELECTION O++ENSES
Prohibited Acts
#. >oteAbuying and voteAselling
o "istribution of yosi 9People vs. 'errer:
&. 8agering upon the result of the elections
o et or wager forfeited to =overnment
$. 7hreats4 intimidation4 terrorism4 use of
fraudulent device or other forms of coercion
,. Appointment of new employee
o /(ception?
a. *n case of urgent need
b. w! notice given to C-+/L/C
c. w!in $ days from appointment
o *ncludes creation of new positions4
promotion or granting of salary increase.
.. Carrying of deadly weapon within a
radius of #JJ meters from precint
o Not necessary that deadly weapon be
seized from the accused.
3. 7ransfer or detail of government
official!employee without C-+/L/C
approval
o /(ception? not penalized4 if done to
promote efficiency.
o 7o prove violation?
a. 'act of transfer or detail within the
election period as fi(ed by the C-+/L/C
b. 7ransfer or detail was made without
prior approval of the C-+/L/C
=ood 'aith is not a defense
o =enerally4 mala prohibita
o Proof of criminal intent is not necessary
o =ood faith4 ignorance4 or lac; of malice
is not a defense
Eurisdiction over /lection -ffenses
*nvestigation and prosecution
C-+/L/C has e(clusive 5urisdiction.
+ay validly delegate to Provincial
Prosecutor.
*t is not the duty of the C-+/L/C to
gather proof in support of a complaint.
7rial and "ecision %7C has e(clusive
5urisdiction to try and decide any criminal
actions or proceedings for violation of
election laws.
7he +7C and +e7C4 by way of
e(ception4 e(ercises 5urisdiction only over
offenses relating to failure to register or to
vote.
Preferential "isposition of /lection -ffenses
*nvestigation and prosecution of election
offenses shall be given priority by
C-+/L/C.
*nvestigating officer shall resolve the
case w!in . days from submission.
Courts shall give preference to election
offenses over all other cases.
o /(ception? writ of DC
Cases shall be decided w!in $J days
from submission.
Prescription for election offenses
o . years from date of commission
GENERAL PRINCIPLES
Administrative Law A ranch of public law
which?
'i(es the organization
"etermines the competence of
administrative authorities
*ndicates to the individual remedies for
the violation of his rights.
Linds
#. Statutes
#&$
&. %ules4 regulations or orders
$. "eterminations4 decisions and orders
,. ody of doctrines and decisions
Administration
#. as a 'unction the e(ecution4 in nonA
5udicial matters4 of the law or will of the
State as e(pressed by competent authority
&. as an -rganization group or aggregate
of persons in whose hand the reins of
government are for the time being.
Linds
#. *nternal legal side of public
administration
&. /(ternal deals with problems of
government regulation
Administrative odies or Agencies
A -rgan of government which affects the
rights of private parties either through
ad5udication or ruleAma;ing.
A Creation
#. constitutional provision
&. legislative enactment
$. authority of law
A Criterion
primarily regulatory
on its ruleAma;ing authority it is
administrative when it does not have
discretion to determine what the law shall be
but merely prescribes details for the
enforcement of the law.
A 7ypes
#. offering some gratuity4 grant or special
privilege
&. carry on certain of the actual business of
the government
$. performing some business service for the
public
,. regulate business affected with public
interest
.. regulate private business and
individuals4 pursuant to police power
3. ad5ust individual controversies because
of strong social policy involved
1. ma;e the government a private party
**. P-8/% -' A"+*NS*7%A7*>/
-"*/S
Powers of Administrative odies
#. <uasiAlegislative or ruleAma;ing power
&. <uasiA5udicial or ad5udicatory
$. "eterminative
<uasiALegislative Power
/(ercise of delegated legislative power
*nvolves no discretion as to what the law
shall be
'i( the details in the e(ecution or
enforcement of a policy
%ules and regulations issued by
administrative authorities pursuant to
powers delegated to them have the force and
effect of law
o 7hey are binding on all persons sub5ect
to them
o Courts will ta;e 5udicial notice
Letters of *nstructions and /os are
presidential issuances) one may repeal or
alter4 modify or amend the other4 depending
on which comes later.
7he function of promulgating rules and
regulations may be legitimately e(ercised
only for the purpose of carrying out the
provisions of the law into effect.
Administrative regulations cannot
e(tend the law or amend a legislative
enactment.
Administrative regulations must be in
harmony with the provisions of law. *t must
not override4 but must remain consistent
with the law they see; to apply and
implement.
Administrative agency has no discretion
whether or not to implement a law. *ts duty
is to enforce the law.
Administrative order is an ordinance
issued by the President which relates to
#&,
specific aspects in the administrative
operation of =overnment.
Linds of Administrative %ules or
%egulations
#. Supplementary or "etailed Legislation
'i( the details in the e(ecution and
enforcement of a policy set out in the law.
&. *nterpretative Legislation
Construe or interpret the provisions of a
statute to be enforced
inding on all concerned until they are
changed
/ffect of law and are entitled to respect
Dave in their favor presumption of
legality
/rroneous application of the law by
public officers does not bar subse@uent
correct application of the law
$. Contingent Legislation
+ade on the e(istence of certain facts or
things upon which the enforcement of law
depends.
%e@uisites for >alidity
#. *ssued under authority of law
&. 8ithin the scope and purview of the law
$. %easonable
,. Publication in the -= or in a newspaper
of general circulation
*nterpretative rules and regulations!mere
internal in nature! letters of instructions
concerning the rules and guidelines to be
followed by their subordinates in the
performance of their duties may simply be
P-S7/" in C-NSP*C6-6S PLAC/S in
the A=/NCO.
"-L/ "epartment -rder and P-/A
+emorandum Circulars proper publication
R filing in the -ffice of the National
Administrative %egister 9Article . of LC:
Administrative %ules with Penal Sanctions
9additional re@uisites:
#. law itself must declare as punishable the
violation of the administrative rule or
regulation
&. law should define or fi( the penalty for
the violation of the administrative rule or
regulation
Necessity for Notice and Dearing
N- constitutional re@uirement for a
hearing?
#. promulgation of a general regulation
&. rule is procedural
$. merely legal opinions
,. substantive rules where the class to be
affected is large and the @uestions to be
resolved involve the use of discretion
committed to the ruleAma;ing body
Dearing %e@uirement?
#. subordinate legislation4 designed to
implement a law by providing details
&. substantially adds to or increase the
burden of those concerned
$. e(ercise of @uasiAlegislative authority
'unction of Prescribing %ates by an
Administrative Agency may either be?
Legislative 'unction? prior notice and
hearing is not a re@uirement
8here the rules and rates are meant to
apply to ALL enterprises of a given ;ind
throughout the country4 they may parta;e of
a legislative character
Ad5udicative 'unction? prior notice and
hearing are essential to the validity
8here the rules and rates are meant to
apply e(clusively to a particular party4 then
its function is @uasiA5udicial in character
8here hearing is indispensable4 it does
not preclude the oard from ordering4 e(A
parte4 a provisional increase sub5ect to its
final disposition of whether or not to ma;e it
permanent4 to reduce or increase it further or
to deny the application. 9+aceda vs. /nergy
%egulatory oard:
#&.
"eterminative Powers
#. "irecting
Power of assessment of *% and
Customs
&. /nabling
Permit or to allow something which the
law underta;es to regulate
$. "ispensing
7o e(empt from a general prohibition
-%
%elieve individual or corporation from
an affirmative duty
,. /(amining
*nvestigatory power
#. production of boo;s4 papers4 etc.
&. attendance of witnesses
$. compelling their testimony
Power to compel attendance of witnesses
not inherent in administrative body
ut an administrative officer authorized
to ta;e testimony or evidence is deemed
authorized to administer oath4 summon
witnesses4 re@uire production of documents4
etc.
Power to punish contempt must be
e(pressly granted to the administrative
body) when granted4 may be e(ercised only
when administrative body is actually
performing @uasiA5udicial functions
.. Summary
Power to apply compulsion or force
against persons or property to effectuate a
legal purpose without a 5udicial warrant to
authorize such action
<uasiAEudicial or Ad5udicatory Powers
A Proceedings parta;e of the character of
5udicial proceedings
A Administrative due process
#. right to hearing
&. tribunal must consider evidence
presented
$. decision must have something to support
itself
,. evidence must be substantial
.. decision must be based on the evidence
adduced at the hearing or at least contained
in the record and disclosed to the parties
3. the oard or Eudges must act on its or
independence consideration of the facts and
the law of the case4 and not simply accept
the views of a subordinate in arriving at a
decision
1. decision must be rendered in such a
manner that the parties to the controversy
can ;now the various issues involved and
the reasons for the decision rendered
A *n forfeiture proceeding4 where the
owner of the allegedly prohibited article is
;nown4 mere posting of the notice of hearing
in the ulletin oard does not constitute
compliance.
A "ue process demands that the person be
duly informed of the charges against him.
De cannot be convicted of an offense with
which he was not charged.
Party be afforded reasonable opportunity
to be heard and to submit any evidence he
may have in support of the defense.
*n administrative proceedings4 it means
the opportunity yto e(plain oneKs side or
opportunity to see; a reconsideration of the
action or ruling complained of) a formal or
trialAtype hearing is not4 at all times4
necessary.
%e@uirement of notice and hearing in
termination cases does not connote full
adversarial proceedings4 as actual
adversarial proceedings become necessary
only for clarification or when there is a need
to propound searching @uestions to
witnesses who give vague testimonies.
Procedural right which employee must
as; for since it is not an inherent right.
Summary proceedings may be conducted
A Administrative due process dies not
necessarily re@uire the assistance of counsel.
A *n a re@uest for e(tradition4 the
prospective e(tradite does not face a clear
and present danger of loss of property or
employment4 but of liberty itself.
#&3
De is entitled to the minimum
re@uirements of notice and opportunity to be
heard.
A 7he standard of due process that must be
met in administrative tribunals allows a
certain latitude as long as the element of
fairness is not ignored) even in the absence
of previous notice4 there is no denial of due
process as long as the parties are given the
opportunity to be heard.
A Administrative due process?
#. opportunity to be heard
&. opportunity to see; reconsideration
$. opportunity to e(plain oneKs side
A Substantial evidence? such relevant
evidence as a reasonable mind might accept
as ade@uate to support a conclusion which is
the @uantum of proof necessary to prove a
change in an administrative case
A B7o be heardC does not mean only verbal
agreements in court4 one may also be heard
through pleadings.
Administrative "eterminations where
Notice and Dearing are N-7 necessary for
due process
#. grant of provisional authority for
increased rates or to engage in a particular
line of business
&. summary proceedings of distraint and
levy upon the property of a delin@uent
ta(payer
$. cancellation of passport4 no abuse of
discretion
,. summary abatement of a nuisance per se
which affects the immediate safety of
persons!property
.. preventive suspension of a public
officer!employee pending investigation of
administrative charges
%ight Against SelfA*ncrimination
Administrative charge of une(plained
wealth which may result in forfeiture of the
property
+edical practitioner where proceeding
could possibly result in the loss of his
privilege to practice medicine
%ight may be invo;ed at the time he is
called as a witness
*f he voluntarily ta;es the witness stand4
he can be crossAe(amined4 but he may still
invo;e the right at the time the @uestion
which calls for an answer which
incriminates him of an offense other than
that which is charged is as;ed.
Power to Punish Contempt is *nherently
Eudicial
#. conferred by law and
&. administrative body is engaged in
performance of its @uasiA5udicial powers
Administrative "ecisions not Part of the
Legal System
no vested right
could not place government in estoppel
Administrative Appeal and %eview
#. higher or superior administrative body
&. President! "epartment Secretaries by
virtue of the power of Control
$. appellate administrative agency
"octrine of res 5udicata
"ecisions and orders of administrative
agencies have upon their finality4 the force
and effect of a final 5udgment within the
purview of the doctrine of res 5udicata.
Conclusive upon the rights of the
affected parties as though the same had been
rendered by a court of general 5urisdiction.
'orbids the reopening of a matter once
determined by competent authority acting
within their e(clusive 5urisdiction.
Applies to adversary administrative
proceeding
"oes N-7 apply in administrative
ad5udication relative to citizenship
/(ception? Nita Ngo urca vs. %epublic
#&1
#. @uestion of citizenship is resolved by a
court or an administrative body as a material
issue in the controversy after a fullAblown
hearing
&. active participation of the Sol=en
$. finding made by the administrative body
on the citizenship issue is affirmed by the
SC
A LL"A? regulatory and @uasiA5udicial
power in respect to pollution cases and
matters affecting the construction of illegal
fishpens4 fish cages and other a@uaA
structures in Laguna de ay) may issue
cease and desist orders
A "/CS %egional "irector? return to wor;
order) administrative charges) constitute an
investigating panel
A Dousing and Land 6se %egulatory
oard 9DL6%:? unsound real estate
business practices
A "epartment of /nergy? electric power
A Dome *nsurance =uarantee
Corporation9D*=C:? disputes involving
homeowners association
III. E5HAUSTION O+
A,-INISTRATI*E RE-E,IES
"octrine
A 8henever there is an available
administrative remedy provided by law4 no
5udicial recourse can be made until all such
remedies have been availed of and
e(hausted.
%easons
#. if relief is first sought from a superior
administrative agency4 resort to courts may
be unnecessary
&. administrative agency should be given a
chance to correct its error
$. principles of comity and convenience
,. 5udicial review of administrative
decisions is usually made through special
civil actins4 which will not normally prosper
if there is another plain4 speedy and
ade@uate remedy in the ordinary course of
law
-nly decision of administrative agencies
made in the e(ercise of <6AS*AE6"*C*AL
and A"E6"*CA7-%O P-8/%S are sub5ect
to the rule on e(haustion.
Constitutionality!validity of a rule or
regulation in the performance of @uasiA
legislative function regular courts have
5urisdiction
Corollary Principle
#. "octrine of Prior %esort! "octrine of
Primary Administrative Eurisdiction
No 8here there is competence or
5urisdiction vested upon an administrative
body to act upon a matter4 no resort to the
courts may be made before such
administrative body shall have acted upon
the matter.
Conversion of subdivision lots
DL6%
/nforcement of forestry laws "/N%
*ssuing license to radio stations N7C
"isputes arising from construction
contracts Construction *ndustry Arbitrary
Commission
Agricultural lands under the coverage of
CA%P "A%
/ffluents of a particular industrial
establishment Pollution Ad5udication
oard
&. "octrine of 'inality of Administrative
Action
No resort to the courts will be allowed
unless the administrative action has been
completed and there is nothing left to be
done in the administrative structure.
A party aggrieved must not only initiate
the prescribed administrative proceeding4
but must pursue it to its appropriate
#&2
conclusion before see;ing 5udicial
intervention.
/ffect of 'ailure to /(haust Administrative
%emedies
A Eurisdiction of court is N-7 affected
A Complainant is deprived of a CA6S/
-' AC7*-N which is a ground for +7"
A *f no +7" is filed4 deemed a waiver
/(ceptions
;. "octrine of C%a$iied Po$itica$ Agenc)
9alter ego doctrine:
<. Administrative remedy is r%it$ess
(. Estoppe$ on the part of the
Administrative Agency
=. *ssue involved is p%re$) a $ega$
3%estion
>. Administrative action is patent$) i$$ega$
?. Unreasonab$e de$a) or official inaction
@. Irreparab$e in8%r) or t&reat4 unless
5udicial recourse is immediately made
A. Land cases4 where sub5ect matter is
private land
B. Law does not ma;e e(haustion a
condition precedent to 5udicial recourse
;:. -bservance of the doctrine will result in
the n%$$iication o t&e c$aim
;;. Specia$ reasons or circumstances
demanding immediate court action
;<. ,%e process of law is clearly violated
;(. %ules does not provide a p$ain1 speed)
and ade3%ate remed)
I*. 9U,ICIAL RE*IE. O+
A,-INISTRATI*E ,ECISIONS
%ule
Eudicial review may be granted or
withheld as Congress chooses
/(cept? when Constitution re@uires or
allows it
Eudicial review of administrative
decisions cannot be denied the courts when
there is an allegation of grave abuse of
discretion.
ases for Eudicial %eview
6nless otherwise provided by this
Constitution or by law
Any decision4 order or ruling of each
Commission may be brought to the SC on
certiorari
w!in $J days from receipt of a copy
=eneral Principles
underlying power in the Courts to
scrutinize the acts of administrative agencies
on @uestions of law and 5urisdiction
although no right of review is given by
statute.
Leep administrative agencies within its
5urisdiction.
Protect substantial rights of parties
affected by the decisions.
Part of system of chec;s and balances
which restricts the separation of power and
forestalls arbitrary and un5ust ad5udication.
+ethods of -btaining Eudicial %eview
#. Statutory or NonAStatutory
Statutory available pursuant to
statutory provision
NonAstatutory no e(press statute
granting review4 relief is obtained by means
of?
#. common law remedies
&. prerogative writs of certiorari
$. mandamus
,. DC
.. prohibition
3. @uo warranto
if statutory methods for 5udicial review
are available4 they are ordinarily e(clusive
and the use of nonAstatutory methods will
not li;ely be permitted.
&. "irect or Collateral
"irect attempt to @uestion in
subse@uent proceedings the administrative
action for lac; of 5urisdiction4 grave abuse of
discretion4 etc. 9attac; on citizenship of an
individual:
#&0
Collateral relief from administrative
action sought in a proceeding the primary
purpose of which is some relief other than
the setting aside of the 5udgment4 although
an attac; on the 5udgment may be
incidentally involved.
8hat Court has Eurisdiction
CA have appellate 5urisdiction over
5udgments or final orders of the C7A and
from awards4 5udgments4 final orders or
resolutions of or authorized by any @uasiA
5udicial agency in the e(ercise of its @uasiA
5udicial functions.
Administrative bodies4 coAe@ual with
%7C on terms of ran; and stature and
beyond the control of the latter.
"octrine of NonA*nterference by 7Cs
with coAe@ual administrative bodies is
intended to ensure 5udicial stability.
%eviewed by %7C ureau of
*mmigration4 Court martial4 LL"A
<uestions which may be sub5ect of 5udicial
review
#. <uestion of Law
&. <uestion of 'act
'actual findings of administrative
agencies are generally conclusive upon the
courts if supported by substantial evidence4
/PC/P7
#. e(pressly allowed by statute
&. fraud4 imposition or mista;e other than
error of 5udgment
$. error in appreciation of the pleadings and
in the interpretation of the documentary
evidence presented by the parties
$. +i(ed <uestion of Law and 'act
9randeis "octrine of Assimilation of 'acts:
8hat purports to be a finding upon a
@uestion of fact is so involved with and
dependent upon a @uestion of law as to be in
substance and effect a decision on the latter4
the Court will4 in order to decide the legal
@uestion4 e(amine the entire record
including the evidence.
=uidelines for the e(ercise of the power
'indings of fact are respected as long as
they are supported by substantial evidence4
even if not overwhelming or preponderant.
'indings of administrative officials and
agencies who have ac@uired e(pertise are
generally accorded not only respect but at all
times even finality.
Principle that factual findings of
administrative bodies are binding upon the
Court may be sustained only when no issue
of credibility is raised.
*t is not for the reviewing court to weigh
the conflicting evidence4 determine
credibility of witnesses or otherwise
substitute its 5udgment for that of the
administrative agency on the sufficiency of
evidence.
Administrative decision in matters with
the e(ecutive 5urisdiction can only be set
aside on proof of
#. grave abuse of discretion
&. fraud
$. collusion
,. error of law
Courts will not generally interfere with
purely administrative matters unless there is
clear showing of arbitrary4 capricious or
of 5urisdiction.
Eudicial %eview is not trial de novo
*t is merely an ascertainment of whether
the findings of the administrative agency are
consistent with law4 free from fraud or
imposition and supported by evidence.
I. GENERAL PRINCIPLES
Public -ffice
A %ight4 authority4 duty4 created and
conferred by law4 by which for a given
period4 either fi(ed by law or enduring at the
#$J
pleasure of the creating power4 an individual
is invested with some sovereign power of
government to be e(ercised by him for the
benefit of the people.
A /lements?
;. created by $a! or by authority of law
<. possess a de$egation o a portion of the
sovereign powers of government4 to be
e(ercised for the beneit o t&e p%b$ic
(. powers conferred and duties imposed
must be defined by the $egis$at%re or by
legislative authority
=. duties must be performed independent$)
and without control of the superior power
6NL/SS they be those of an inferior or
subordinate officer created or authorized by
the legislature and placed under the general
control of a superior officer or body
>. permanence or continuity
A Creation?
;. Constitution
<. statutory enactment
(. authority of law
Public -fficer
A a person who holds office
A Public -fficer4 as understood under
criminal law
Article &J$. any person who4 by direct
provision of law4 popular election or
appointment by competent authority shall
ta;e part in the performance of public
functions in the =overnment) or shall
perform in said =overnment public duties as
am employee4 agent4 or subordinate official
of any ran; or class4 shall be deemed to be a
public officer.
%A $J#0. includes elective and
appointive officials and employees4
permanent or temporary whether in the
classified4 unclassified or e(empt services4
receiving compensation4 even nominal from
the government.
P 2J1. Career and NonAcareer services
9formerly4 classified4 unclassified or e(empt:
"istinguished from Cler; or /mployee
A -fficer4 duties not being of clerical or
manual nature4 involves the e(ercise of
discretion in the performance of the
functions of government.
A *ncludes any government employee4
agent or body having authority to do the act
or e(ercise that function.
+ain characteristic that distinguishes a
Public -fficer creation and conferring of
an office involves a delegation to the
individual of some of the sovereign
functions of government4 to be e(ercised by
him for the benefit of the public.
II. ELIGI/ILIT6 AN,
CUALI+ICATIONS
<ualifications
& "ifferent Senses?
#. endowments4 @ualities4 attributes which
ma;e an individual eligible for public office
must possess at the time of the
appointment!election and continuously for
as long as the official relationship e(ists
&. act of entering into the performance of
the functions of public office
Property @ualifications may not be
imposed for the e(ercise of the right to run
for public office.
Loss of any of the @ualifications during
incumbency will be a ground for
termination.
'ailure of an officer to perform an act
re@uired by law could affect the officerKs
title to the given office.
Prolonged failure or refusal to ta;e the
oath of office could result in forfeiture of the
office.
P 22# Bthe office of any official
/L/C7/" who fails or refuses to ta;e his
oath of office within 3 months from his
proclamation shall be considered vacant
#$#
6NL/SS failure is for a cause!s beyond his
control.
-ath of office is a @ualifying
re@uirement for public office.
6ntil he is @ualified4 the holdover officer
is the rightful occupant.
-ath of office ta;en before one who has
no authority to administer oath4 is no oath at
all.
Pendency of election protest is not
sufficient basis to en5oin him from assuming
office or from discharging his functions.
Authority to Prescribe <ualifications
<ualification prescribed by Constitution
generally e(clusive unless Constitution
provides otherwise
Public officers created by statute
Congress has plenary powers to prescribe
@ualifications4 provided?
#. germane to the ob5ectives for which the
office was created
&. @ualifications are not too specific as to
fit a particular identifiable person that would
deprive appointing authority of discretion in
the selection of the appointee
"is@ualifications
Authority
Legislature has the right to prescribe
dis@ualifications in the same manner as it
can prescribe @ualifications.
Limitation? do not violate the
Constitution
"is@ualification may be because of
unfitness for public office or because the
person is rendered ineligible for the office.
=eneral "is@ualifications under the
Constitution
#. No candidate who lost in an election4
shall4 within # year after such election4 be
appointed to any office in the =overnment.
&. No elective official shall be eligible for
appointment or designation in any capacity
to any public office or position during his
tenure.
$. No appointive official shall hold any
other position in the =overnment4 unless
otherwise allowed by law or the primary
functions of his office.
Se(Aofficio capacity
Specific "is@ualification under the
Constitution
#. President1 *P1 Cabinet -embers and
t&eir dep%ties and assistants shall not hold
any other office or employment during their
tenure4 6NL/SS otherwise provided in the
Constitution.
&. No Senator or -ember o t&e HR may
hold any other office or employment in the
=overnment including =-CC4 during his
term without forfeiting his seat. Neither
shall he be appointed to any office which
may have been created or the emoluments
increased during the term for which he was
elected.
$. -embers o t&e SC and of ot&er co%rts
estab$is&ed b) $a! shall not be designated
to any agency performing @uasiA5udicial or
administrative functions.
,. No member o t&e Constit%tiona$
Commission shall during his tenure4 hold
any other office or employment. Applies to
Omb%dsman and &is dep%ties.
.. Omb%dsman and &is dep%ties shall not
be @ualified to run for office in the election
immediately succeeding their cessation.
3. +embers of the Constitutional
Commission4 -mbudsman and deputies
must not have been candidates for any
elective position in the election immediately
preceding their appointments.
1. +embers of the Constitutional
Commission4 -mbudsman and his deputies
are appointed to a term of 1 years4 without
reappointment.
2. Spouse and relatives by consanguinity or
affinity within the ,
th
civil degree of the
President shall not during his tenure be
appointed?
As members of the Constitutional
Commission
#$&
-ffice of -mbudsman
Secretaries
6ndersecretaries
Chairmen!heads
III. ,E +ACTO O++ICERS
A %eputation of being an officer and yet is
not a good officer in point of law.
A Acted as an officer for such length of
time under color of title and under such
circumstances of reputation or ac@uiescence
by the public and public authorities as to
afford a presumption of
election!appointment and induce people to
submit to or invo;e his action.
Legal /ffect
A 7hose that affect the public are valid4
binding and with full legal effect.
A 'or the protection of the public.
/lements
#. validly e(isting public office
&. actual physical possession of said office
$. color of title to the office
a. by reputation!ac@uiescence
b. ;nown and valid appointment!election
but officer failed to conform to a
re@uirement imposed by law
c. ;nown appointment or election4 void
9though un;nown to public: because?
i. ineligibility of officer
ii. want of authority of appointing!electing
authority
iii. irregularity in appointment!election
d. ;nown appointment!election pursuant to
unconstitutional law4 before law was
declared unconstitutional.
/ntitlement of Salaries
A =%? rightful incumbent of a public office
may recover from an officer de facto the
salary received by the latter during the time
of his wrongful tenure4 even though he
entered into the office in good faith and
under color of title.
A 8here there is N- "/ E6%/ officer4 the
officer de facto who in good faith has had
possession of the office and has discharged
the duties is legally entitled to emoluments.
A Principle of public policy on which de
facto doctrine is based.
I*. CO--ENCE-ENT O+ O++ICIAL
RELATIONS
-fficial relations are commenced?
#: Appointment
&: /lection
Appointment
A selection by the authority vested with the
power4 of an individual who is to perform
the functions of a given office.
Commission
A written evidence of appointment
"esignation
A imposition of additional duties
Classification
#: Permanent
A /(tended to person possessing the
re@uisite @ualifications
&: 7emporary
A Acting appointment
A +ay not possess the re@uisite
@ualifications for eligibility
A %evocable at will4 without necessity of
5ust cause or a valid investigation
A Ac@uisition of the appropriate civil
service eligibility by a temporary appointee
will not ipso facto convert the temporary
appointment into a permanent one) new
appointment is necessary
A Appointment to a position in the Career
Service of the Civil Service does not
#$$
necessarily mean that the appointment is a
permanent one depend on the nature of
the appointment which in turn depends on
the appointeeKs eligibility or lac; of it.
A Acceptance by petitioner of a temporary
appointment resulted in the termination of
official relationship with his former
permanent position.
A 7emporary appointment shall not e(ceed
#& months.
A +ere designation does not confer
security of tenure person designated
occupies the position only in an acting
capacity.
A Appointment is sub5ect to conditions4
appointment is not permanent.
A Appointee cannot claim a complete
appointment as long as the reAevaluation
incidental to the reAorganization is still
pending.
A Bunless terminated soonerC even if
coAterminous with the pro5ect4 it is
nevertheless sub5ect to the appointing
authority.
A 8here temporary appointment is for a
'*P/" period4 appointment may be revo;ed
only at the e(piration of the period -% if
before4 it must be for a valid and 5ust cause.
$: %egular
A -ne made by the President while
Congress is in session after the nomination
is confirmed by the Commission on
Appointments and continues until the end of
the term.
,: AdAinterim
A +ade while Congress is not in session4
before confirmation by the Commission on
Appointments4 is immediately effective
A Ceases to be valid if disapproved or
bypassed by C-A upon ne(t ad5ournment of
Congress
A Permanent appointment
A 7hat it is sub5ect to confirmation4 does
not alter its permanent character.
A %egular and AdAinterim Classification
may be used only when referring to the
following?
#: Deads of /(ecutive "epartment)
&: Ambassadors and other Publi +inisters
and Consuls
$: -fficers of the A'P4 from ran; of colonel
or naval captain
,: -fficers whose appointments are vested
in the President under the Constitution.
Steps in Appointing Process
'or %/=6LA% Appointments
#: Nomination by President
&: Confirmation by C-A
$: *ssuance of the Commission
,: Acceptance by the appointee
A"A*N7/%*+ Appointment
#: Nomination by President
&: *ssuance of the Commission
$: Acceptance by the appointee
,: Confirmation by C-A
"- N-7 re@uire Confirmation
#: Appointment by Appointing Authority
&: *ssuance of the Commission
$: Acceptance by the Appointee
A A person cannot be compelled to accept
an appointment /PC/P7 when the
appointment is made to an office re@uired in
defense of the State!
A 8here appointment is to the CA%//%
S/%>*C/ of the C*>*L S/%>*C/4
attestation by the Civil Service Commission
is re@uired. -therwise4 not deemed
complete. Appointment not submitted to the
CSC w!in $J days from the issuance 9date
appearing on the face of the appointment:
shall be ineffective.
A CSC is authorized to chec; of the
appointee possesses the @ualifications and
appropriate eligibility) if he does4
appointment must be approved) of not4 it is
disapproved.
#$,
A Appointment is complete when the last
act re@uired of the appointing power is
performed) until the process is completed4
appointee can claim no vested right in the
officer nor claim security of tenure.
A Appointment to be valid4 position must
be vacant.
"iscretion of Appointing Authority
"iscretionary power and must be
performed by the officer in whom it is
vested.
-nly condition4 appointee must possess
the minimum @ualifications re@uirements
prescribed by law.
Appointing authority is in the best
position to determine who among the
prospective appointees can effectively
discharge the functions of the position.
'inal choice of appointing authority
should be respected and left undisturbed.
Commission may not and should not
substitute its 5udgment for that of the
appointing authority.
Civil Service Law grants career service
officers preference in promotion under the
Bne(tAinAran;C rule4 it is not mandatory4
appointing authority should be allowed the
choice of men of his confidence provided
they are @ualified and eligible.
Provincial4 city prosecutor and their
assistants appointed by President upon
recommendation of Secretary of Eustice
9mere advise:.
"iscretion of appointing authority
choice of the person 8D- is to be
appointed4 NA76%/ and CDA%AC7/% of
appointment.
Eudicial %eview of Appointments
Appointment generally a political
@uestion) as long as appointee possess
minimum @ualifications as prescribed by
law for the position.
Action for usurpation of office 8ho
claims a valid title to the office.
Eurisdiction of the Civil Service
Commission
"isciplinary cases
Cases involving personnel action
/mployment status and @ualification
standard
%ecall an appointment initially approved
when issued with disregard to Civil
Service Laws4 rules and regulations
Approving and reviewing appointments
to determine their compliance with the Civil
Service Law
-n its own4 does not have the authority
to terminate employment or drop members
from the roll
Appointments to the Civil Service
Scope? ALL branches4 subdivision4
instrumentalities and agencies of the
=overnment4 including =-CC with original
charter.
Classes of Service
#. Career Service
c. "escription
A /ntrance based on merit and fitness4 as
far as practicable by competitive
e(aminations
A -r based on highly and technical
@ualifications
A -pportunity for advancement to higher
career positions
d. *ncludes?
#: -pen Career Service
A Prior @ualification in an appropriate
e(amination is re@uired
&: Closed Career Service
A Scientific or highly technical
$: Career /(ecutive Service
A 6ndersecretaries4 bureau directors4 etc.
,: Positions in the Armed 'orces of the
Philippines
A =overned by a different merit system
.: Career -fficers
#$.
A -ther than those belonging to Career
/(ecutive Service4 appointed by President4
e.g. foreign service
3: Personnel of =-CC w! original charters
1: Permanent laborers 9s;illed4 semiAs;illed
or uns;illed:
Career /(ecutive Service
& re@uirements to attain security of
tenure
i. Career e(ecutive service eligibility
ii. Appointment to the appropriate career
e(ecutive service ran;
Security of tenure pertains only to ran;
and not to the office or position
$. NonACareer Service
a. "escription
A /ntrance on bases other than those of the
usual tests utilized for the career service
A 7enure
.: limited to a period specified by law or
3: which is coAterminous with that of the
appointing authority or
1: sub5ect of his pleasure or
2: which is limited to the duration of a
particular pro5ect for which purpose the
employment was made.
b. *ncludes?
#: /lective officials4 personal and
confidential staff
&: "epartment Deads and officials of
Cabinet ran; who holds office at the
pleasure of the President4 personal and
confidential staff
$: Chairmen and members of
commissions!boards w! fi(ed terms of
office4 personal and confidential staff
,: Contractual personnel! those whose
employment in government is in accordance
with a special contract to underta;e a
specific wor; or 5ob re@uiring special or
technical s;ills not available in employing
agency4 to be accomplished within a period
not e(ceeding # year4 under his own
responsibility4 with minimum direction and
supervision
.: /mergency and seasonal personnel
A 6nder Administrative Code4 the CSC is
e(pressly empowered to declare positions in
the CS as primarily confidential.
A /numeration in the Civil Service decree4
which defined the nonAcareer service is not
an e(clusive list. Commission can
supplement this list.
A Coterminous status may be classified as?
o coAterminous with pro5ect duration of
particular pro5ect for which employment
was made.
o coAterminous with appointing authority
tenure of appointing authority or at his
pleasure
o coAterminous with incumbent coA
e(istent with appointee4 such that after the
latterKs resignation4 separation or
termination of the services4 the position shall
be deemed automatically abolished.
o coAterminous with a specific period for
a specific period4 upon e(piration4 position
is deemed abolished.
%e@uisites
#. made according to merit and fitness
&. competitive e(amination
/(ceptions?
#. policy determining
&. primarily confidential or
$. highly technical
A *n a department4 appointing power is
vested in the "/PA%7+/N7 S/C%/7A%O4
although it may be delegated to the
%/=*-NAL "*%/C7-%4 sub5ect to
approval of the "epartment Secretary.
A Principles
#: Classification of a particular position as
policyAdetermining4 primarily confidential or
highly technical amounts to no more than an
e(ecutive or legislative declaration that is
#$3
not conclusive upon the courts4 the true test
being the nature of the position
&: 7he e(emption provided pertains only to
e(emption from competitive e(amination to
determine merit and fitness to enter the civil
service
$: /(empt from competitive e(amination to
determine merit and fitness?
a. PolicyAdetermining
-fficer lays down principal or
fundamental guidelines or rules
/.g. department head
b. Primarily confidential
Not only confidence in the aptitude if the
appointee for the duties of the office but
primarily close intimacy which ensures
freedom of intercourse without
embarrassment or freedom from misgivings
or betrayal on confidential matters of state
NA76%/ of the position which
determined whether a position is primarily
confidential4 policyAdetermining or highly
technical
Bpro(imity ruleC can be considered as
confidential employee if the predominant
reason why he was chosen by the appointing
authority was the latterKs belief that he can
share a close intimate relationship with the
occupant which ensures freedom of
discussion without fear of embarrassment or
misgivings of possible betrayals of personal
trust or confidential matters of the State.
8here the position occupied is remote
from that of the appointing authority4 the
element of trust between them is no longer
predominant4 and cannot be classified as
primarily confidential.
c. Dighly technical re@uires possession of
technical s;ill in a superior degree.
Legal counsel of PN
City Legal -fficer
City Attorney
Security Council and Security =uards of
the City >ice +ayor
-ther Personnel Action
#: Promotion
&: Appointment through Certification
$: 7ransfer
,: %einstatement
.: "etail
3: %eassignment
1: %eemployment
Promotion
A +ovement from one position to another
with increased duties and responsibilities as
authorized by law
A 6sually accompanied by an increase in
pay.
A Ne(tAinAran; %ule
7he one who is ne(t in ran; is given
preferential consideration
"oes not mean that he alone can be
appointed
Appointing authority is re@uired to state
the Bspecial reasonsC for not appointing the
officer ne(t in ran;.
A Automatic %eversion %ule
All appointments involved in a chain of
promotions must be submitted
simultaneously for approval by the
Commission. 7he disapproval of the
appointment of a person proposed to a
higher position invalidates the promotion of
those in the lower positions and
automatically restores them to their former
positions. Affected persons are entitled to
payment of salaries for services rendered at
a rate fi(ed in their promotional
appointments.
%e@uisites?
#. series of promotions
&. all promotional appointments are
simultaneously submitted to the
Commission for approval
$. Commission disapproves the
appointment of a person to a higher position
Appointment through Certification
#$1
A *ssued to a person who has been selected
from a list of @ualified persons certified by
the CSC from an appropriate register of
eligibles and who meets the @ualifications
prescribed for the position.
7ransfer
A +ovement from one position to another
which is of e@uivalent ran;4 level or salary
without brea; in service.
A +ay be imposed as an administrative
penalty.
A 6nconsented transfer violates security of
tenure.
A Career /(ecutive Service personnel can
be shifted from one office to another without
violating their right to security of tenure4
because salary and status is based on their
ran;s and not on the positions to which they
are assigned.
%einstatement
A Das been permanently appointed in the
career service and who has4 through no
delin@uency of misconduct4 been separated
may be reinstated to a position in the same
level for which he is @ualified.
A Ac@uisition of civil service eligibility is
not the sole factor for the reappointment.
-ther factors should be considered?
performance4 degree of education4 wor;
e(perience4 training4 seniority and en5oys
confidence and trust of the appointing
power.
A Not sub5ect to application for a writ of
mandamus.
A *ssuance of new appointment which is
discretionary
A /(ercise of discretionary power cannot
be controlled by the courts4 as long as
properly e(ercised
A 'orfeited his right to public office
because of conviction of a crime4 but was
e(tended plenary pardon CANN-7 by
reason of pardon demand reinstatement as a
matter of right.
A /(ception?
#. Sabello vs. "/CS considerations of
5ustice and e@uity
&. =arcia vs. Chairman4 Commission on
Audit person given pardon because he did
not truly commit the offense) the pardon
relives him from all punitive conse@uences
of his criminal act thereby restoring him to
his clean name4 good reputation and
unstained character prior to his finding of
guilt.
"etail
A +ovement of an employee from one
agency to another without the issuance of an
appointment
A Allowed only for a limited period of
time in the case of employees occupying
professional4 technical and scientific
positions
A 7emporary in nature
%eassignment
A %eassigned from one organizational unit
to another in the same agency
A Not involve reduction in ran;4 status or
salary
A +anagement prerogative vested in the
CSC4 any department or agency embraced in
Civil Service
A "oes not constitute removal without
cause
A Should have definite date and duration.
A Lac; of specific duration is tantamount
to floating assignment thus a dimunition in
status or ran;.
%eemployment
A Names of persons who have been
appointed permanently to positions in the
career service and who have been
S/PA%A7/" as a result of %/"6C7*-N in
force and!or %/-%=AN*NA7*-N4 shall be
entered in a list from which selection for
reemployment shall be made
#$2
A Separated not for a cause but as a result
of reorganization separation pay R
retirement and other benefits) in lieu of
separation pay4 may be considered for
employment 9Proclamation No. $:
*. PO.ERS AN, ,UTIES O+ PU/LIC
O++ICERS
Authority of Public -fficers
#. /(pressly conferred upon him by the
AC7 appointing him
&. /(pressly ANN/P/" to the office by
LA8
$. Attached to the office by C-++-N
LA8 as incidents to it
,. "octrine of Necessary *mplication all
powers necessary for the effective e(ercise
of the e(press powers
Authority can be e(ercised only during the
term when the public officer4 is by law4
invested with the rights and duties of the
office.
+inisterial and "iscretionary Powers
#. +inisterial discharge by officer is
imperative and re@uires neither 5udgment
nor discretion) e(ercise of which may be
compelled
&. "iscretionary imposed by law upon a
public officer) officer has the right to decide
how and when the duty shall be performed)
mandamus will not lie to compel
performance
/(ception? when mandamus will lie?
#. =A"
&. manifest in5ustice
$. palpable e(cess of authority e@uivalent
to a denial of settled rights
,. no other plain4 speedy or ade@uate
remedy
writ may issue to compel the e(ercise of
discretion but not the discretion itself
Courts may review e(ercise of
discretion4 to determine if there has been
=A" amounting to lac; or e(cess of
5urisdiction
Eudgment 5udicial functions)
determination of a @uestion of law) only one
way to be right
"iscretion4 may decide the @uestion
either way and still be right) limited to the
evident purpose of the act
"uties of Public -fficer
Constitutional "uties
7o be accountable to the people
7o serve them with utmost
responsibility4 loyalty and efficiency
7o act with patriotism and 5ustice
7o lead modest lives
7o submit a declaration under oath of his
assets4 liabilities and net worth upon
assumption of office and as often as may be
re@uired
7o owe the State and Constitution
allegiance at all times
S-L=/N represent government and
its offices /PC/P7 criminal cases and civil
cases for damages arising from felony.
Prohibitions
#. Partisan political activity or ta;ing part
in any election e(cept to vote
/(cept?
#. those holding political offices
&. cabinet members
&. Additional or double compensation
$. Prohibition against loans
,. Limitation on laborers
Not assigned to clerical duties
.. "etail or reassignment
w!in $ months before any election
without approval of C-+/L/C
3. Nepotism
Appointments made in favor of a relative
of the appointing or recommending
authority or of the chief of the bureau or
#$0
office or of the person e(ercising immediate
supervision over him.
All appointments.
%elative? those related within the $
rd
civil
degree by consanguinity or affinity
/(emption?
#. confidential capacity
&. teachers
$. physicians
,. members of the Armed 'orces
S full report of appointment shall be made to
the Commission
*I. LIA/ILIT6 O+ PU/LIC O++ICERS
=eneral %ule on Liability
A public officer is not liable for in5uries
sustained by another as a conse@uence of
official acts done within the scope of his
official authority4 e(cept as otherwise
provided by law.
Not civilly liable for acts done in official
capacity 6NL/SS bad faith4 malice4
negligence
Liable for willful or negligent acts done
by him which are contrary to morals4 law
public policy and good customs />/N if he
acted under instructions of his superiors.
Local governments are not e(empt from
liabilities for "/A7D or *NE6%O to persons
or "A+A=/ to property.
Statutory Liability
Article &14 CC refuses or neglects
without 5ust cause to perform his official
duty4 whereby a person suffers moral or
material loss) without pre5udice to
administrative disciplinary sanction
Article $&4 CC liability of public
officer for violation of constitutional rights
Article $,4 CC liability of peace officer
who fails to respond or give assistance to
persons in danger of in5ury to life or
property
w!o 5ust cause. Neglects to perform a
duty within a period fi(ed by law or
regulation or within a reasonable period if
none is fi(ed
Liability on Contracts
personally entered without or
e(ceeded his authority
Liability for 7ort
personally beyond the scope of his
authority or e(ceeds power conferred upon
him) ultra vires or where there is bad faith
Presidential *mmunity from Suit
during tenure of the President
After his tenure4 cannot invo;e
immunity from suit for civil damages arising
out of acts done by him4 while he was
president which were not performed in the
e(ercise of official duties.
Not prevented from instituting suit.
7hreefold Liability %ule
8rongs acts or omissions of a public
officer may give rise to civil4 criminal and
administrative liability.
Action for each can proceed
independently
"ismissal of one does not foreclose
action for others. difference in @uantum
of evidence
Liability of +insiterial -fficers
#. Nonfeasance neglect or refusal to
perform an act which is the officerKs legal
obligation
&. +isfeasance failure to e(ercise that
degree of care4 s;ill and diligence in the
performance of official duty
$. +alfeasance doing4 through ignorance4
inattention or malice of an act which he had
no legal right to perform.
Command %esponsibility
#,J
Dead of a department or a superior
officer shall not be civilly liable for the
wrongful acts4 omission of duty4 negligence
or misfeasance of his subordinates4
6NL/SS he has actually authorized by
written order the specific act or misconduct.
*II. RIGHTS O+ PU/LIC O++ICERS
#. %ight to -ffice
&. %ight to Salary
$. %ight to Preference in Promotion
,. %ight to >acation and Sic; Leave
.. %ight to +aternity Leave
3. %ight to %etirement Pay
1. %ight to reimbursement for e(penses
incurred in due performance of duty
2. %ight to be indemnified against any
liability
0. %ight to longevity pay
%ight to -ffice
Eust and legal claim to e(ercise the
powers and the responsibilities of the public
office.
7erm vs. 7enure
7erm? period during which the officer
may claim to hold the office as a matter of
right.
7enure? period during which the officer
actually holds office.
%ight to Salary
Salary personal compensation to be
paid to the public officer for his services
=enerally a fi(ed or periodical payment
depending on the time and not on the
amount of the services he may render.
"istinguished from wages?
Salaries are given to officers of higher
degree of employment than those given
wages.
Salary is compensation per annum.
8ages are paid day by day or wee; by
wee;.
asis?
#. legal title to the office
&. law attaches compensation to the office
%ight of de facto officer to compensation
when there is no de 5ure and de facto
officer4 who in good faith has possession of
the office and has discharged the duties.
Salary cannot be garnished nor sub5ect to
attachment or order of e(ecution before
being paid to him to answer for the payment
of his debts.
Public policy also prohibits the
assignment of unearned salaries
Agreements affecting compensation are
void as contrary to public policy.
Compensation4 allowances and other
benefits granted without the approval of the
"+ are unauthorized and irregular.
Constitutional provisions affecting
salaries?
#. no increase in salaries of members of
Congress shall ta;e effect until after the
e(piration of the full term of the +embers of
the Senate and Dof%ep who approved he
increase.
&. Salaries of President and >P shall be
fi(ed by law and s5all not be decreased
during their tenure. No increase4 until after
e(piration of the incumbent during which
increase was approved.
$. Salary of members of the Eudiciary shall
not be decreased during their continuance in
office) income ta( is not unconstitutional
dimunition.
,. Additional4 double or indirect
compensation are prohibited.
.. Standardization of compensation.
3. Separation pay to career Civil Service
employees who are separated from service
not for cause but by reason of
reorganization.
Preventive Suspension and the %ight to
Salary
#. Preventive Suspension pending
investigation
&. Preventive Suspension pending appeal
#,#
*f the penalty imposed is suspension or
dismissal and after review4 he is e(onerated
no right to compensation during
preventive suspension even pending
investigation
*t is not enough that he is e(onerated) it
must be shown that suspension is un5ustified
Eustified if charged with?
#. dishonesty
&. oppression
$. grave misconduct
,. neglect of duty
=loria vs. Court if Appeals entitled
not only to reinstatement but also to bac;
wages for the period of preventive
suspension pending appeal.
ecause preventive suspension pending
appeal is actually P6N*7*>/.
Award should not e(ceed e@uivalent of .
years pay at the rate last received before
suspension was imposed.
*f his conviction is affirmed4 the period
of his suspension becomes part of the final
penalty of suspension.
%ight to bac; salaries of illegally dismissed
employees
*llegally dismissed government
employees who is later ordered reinstated is
entitled to bac; wages and other monetary
benefits from the time of his illegal
dismissal up to his reinstatement.
Bno wor;4 no payC not applicable
Note? alitaosan vs. Secretary4 "/CS?
reinstatement was not the result of
e(oneration but an AC7 -' L*/%AL*7O
of the CA4 the claim for bac; wages was not
allowed. 7hus the general rule that a public
official is not entitled to compensation if he
has not rendered any service was applied.
No right to bac; wages if N-7
/P-N/%A7/" and N-7
6NE6S7*'*ALO S6SP/N"/"
%ight to additional allowance and benefits
L=6s may provide additional
allowances and benefits to national
government officials assigned or stationed in
their municipality or city.
Not without limitations.
%ight to Preference in Promotion
%ight does not prevail over discretion of
appointing authority.
%ight to >acation and Sic; Leave
Sec 2#4 %A 1#3J 9L=C: /lective local
officials shall be entitled to the same leave
privileges as those en5oyed by appointive
local officials4 including the cumulation and
commutation.
/ntitled to commutation of all leave
credits without limitation and regardless of
the period when the credits were earned4
provided the claimant was in the service as
of Eanuary 04 #023.
=overnment employees are not re@uired
to wor; on Saturdays4 Sundays and holidays.
%ight to +aternity Leave
%ight to %etirement Pay
%etirement laws are liberally construed
in favor of the retiree.
+oney value of the terminal leave of a
retiring government official shall be
computed at the retireeKs highest monthly
pay.
Eudiciary e(tension if satisfied that the
career was mar;ed by competence4 integrity
and dedication to the public service.
A reserved officer who successfully
rendered a total of #J years continuous
active commissioned military service shall
not be reverted to inactive service e(cept for
cause or upon his own re@uest. Covered by
compulsory membership in the =S*S.
7otalization of service credits is only
resorted to when the retiree does not @ualify
for benefits in either or both of the systems.
#,&
%ight to reimbursement for e(penses
incurred in due performance of duty
%ight to be indemnified against any liability
which they may incur in the bona fide
discharge of their duties.
%ight to longevity pay
*III. TER-INATION O+ O++ICIAL
RELATIONSHIP
+odes of 7erminating -fficial %elationship
#. /(piration of term or tenure
&. %eaching the age limit
$. %esignation
,. %ecall
.. %emoval
3. Abandonment
1. Acceptance of an *ncompatible -ffice
2. Abolition of -ffice
0. Prescription of the %ight to -ffice
#J. *mpeachment
##. "eath
#&. 'ailure to Assume /lective -ffice w!in 3
months from proclamation
#$. Conviction of a Crime
#,. 'iling of Certificate of Candidacy
E7piration o term or ten%re
Courtesy resignation during the /"SA
%evolution e(piration of term) entitled to
retirement benefits
7ermination presupposes an overt act
committed by a superior officer
Commencement of 7erm of -ffice
#. statute fi(es a period upon
@ualification
&. no time is fi(ed by law date of
appointment!election
$. law fi(ing the term is ambiguous one
that fi(es the term at the shortest period
should be followed
,. both duration of the term of office and
the time of its commencement!termination
are fi(ed by constitutional or statutory
provision person appointed or elected for
vacancy shall hold the same only for the
une(pired portion
.. only the duration is fi(ed4 no time is
fi(ed for beginning or end person
selected to fill the vacancy may serve the
full term and not merely the une(pired
balance of the prior incumbentKs term
3. office is created!officer appointed for the
purpose of performing a single act or
accomplishment of a given result office
terminates and the authority ceases with the
accomplishment of the purposes which
called it into being.
Principle of DoldA-ver? public officer is
entitled to hold his office until his successor
shall have been duly chosen and shall have
@ualified. Purpose is to prevent hiatus in
public service.
Legislative intent of not allowing holdA
over must be clearly e(pressed or at least
implied in the legislative enactment4
otherwise4 it is reasonable to assume that the
lawAma;ing body favors the same.
Article &$14 %PC which penalizes public
officer who shall continue to e(ercise the
duties and powers of the office beyond the
period provided by law.
"uring this period4 de 5ure officer
8here the law fi(es a specific sate for
the end of the term implied prohibition
against holdAover
%eaching the age limit
Compulsory %etirement Age
1J for members of 5udiciary
3. for other government officers or
employees
Special %etirement Laws? %A #3#3
allows optional retirement after an officer
has rendered a minimum number of years of
government service4 when availed of by the
public officer4 will result in the termination
#,$
of official relationship through reaching the
age limit or retirement.
%esignation
Act of giving up or the act of a public
officer by which he declines his office and
renounces the further right to use it.
*ntention to surrender4 renounce4 and
relin@uish the office and the acceptance by
competent and lawful authority
>oluntariness when procured by fraud4
may be invalidated
Courtesy resignation lac;s the element
of voluntariness and therefore is not a valid
resignation.
Need for Acceptance not complete
until accepted by competent authority
Article &$24 %PC penalizes any public
officer who4 before the acceptance of his
resignation4 abandons his office to the
detriment of the public service.
*f the public officer is mandated by law
to holdAover4 the resignation4 even if
accepted4 will not be effective until after
appointment!election of his successor.
Accepting Authority %A 1#3J4 officers
authorized to accept resignation?
#. President governor4 viceAgovernor4
mayor and viceAmayor f highly urbanized
cities and independent component cities
&. =overnor municipal mayors and viceA
mayors4 city mayors and viceAmayors of
component cities
$. Sanggunian sanggunian members
,. City or municipal mayor barangay
officials
%esignation deemed accepted if not
acted upon w!in #. days from receipt
%esignation by Sanggunian members
shall be deemed accepted upon?
#. presentation before an open session of
the sanggunian concerned
&. duly entered in its record
$. /PC/P7 where sanggunian members
are sub5ect to recall elections or to cases
where e(isting laws prescribe the manner of
acting upon such resignation
*f the law is silent on who shall accept?
#. appointive officer resigns appointing
authority
&. elective officer resigns officer
authorized by law to call an election in order
to fill the vacancy
President and >P Congress
+embers of Congress respective
Douses
/ffective "ate of %esignation
"ate specified in the tender
No date specified public officer receives
notice of the acceptance N-7 the date of the
letter or notice of acceptance
%ecall
7ermination of official relationship of an
elective official for loss of confidence prior
to the e(piration of his term through the will
of the electorate.
y 8hom? registered voters of a L=6 to
which such local government official
belongs
*nitiation of the %ecall Process?
registered voters of the L=6
Procedure for *nitiating %ecall
#. initiated upon petition by at least &.H of
the total number of registered voters in the
L=6
&. written petition
duly signed before the election
registrar!representative
in the presence of a representative of the
petitioner
representative of the official
in a public place4 in the province4 city4
municipality or barangay
filed with the C-+/L/C through its
office in the L=6 concerned
$. C-+/L/C shall cause the publication
of the petition
*n a public and conspicuous place
#,,
Period not less than #J days nor more
than &J days
Purpose of verifying the authenticity and
genuineness of the petition and re@uired
percentage of voters
,. Lapse of the period4 C-+/L/C or its
duly authorized representative4 shall
announce the acceptance of candidates to the
position and prepare list of candidates4
including the name of the official sought to
be recalled.
/lection on %ecall
6pon filing of a valid petition4
C-+/L/C shall set date for the election on
recall
Not later than $J days after the filing of
the resolution!petition in the case of
barangay!city!municipal officials
Not later than ,. days in the case of
provincial officials
-fficials sought to be recalled4
automatically considered as registered
candidate.
/ffectivity of %ecall
%ecall of an elective official shall be
effective upon the election an proclamation
of a successor.
*f the official sought to be recalled
receives the highest number of votes
confidence in him is affirmed and he shall
continue in office
Prohibition from %esignation
Limitation on %ecall
#. any elective official may be sub5ect of a
recall election once during his term of office
for lac; of confidence
&. no recall shall ta;e place within one year
from the date of the officialKs assumption to
office or one year immediately preceding a
regular local election
Sangguiniang Labataan election is not a
regular election)
Not barred by barangay election
Approaching local election must be one
where the position of the official to be
recalled is actually contested and to be filled
by the electorate
%emoval
Constitutional =uarantee of Security of
7enure not removed or suspended e(cept
for causes provided by law
Career service officers and employees
causes enumerated in law and in accordance
with procedure prescribed
%emoval not for 5ust cause or nonA
compliance with prescribed procedures
reversible4 reinstatement with bac; salaries
and without loss of seniority rights
"emotion is tantamount to unlawful
removal is N- CA6S/ is shown or it is
N-7 PA%7 -' "*SC*PL*NA%O AC7*-N
6nconsented transfer resulting in
demotion in ran; or salary is tantamount to
removal without 5ust cause.
A transfer that results in promotion or
demotion4 advancement or reduction or a
transfer that aims to lure the employee away
from his permanent position4 cannot be done
without the employeeKs consent4 for that
would constitute removal from office.
No permanent transfer can ta;e place
unless the officer or employee is first
removed from the position held4 and then
appointed to another position.
Some cases on =rounds for "isciplinary
Action?
#. "ishonesty concealment or distortion
of truth in a matter of fact relevant to oneKs
office or connected with the performance of
his duty) e.g. use of fa;e or spurious civil
service eligibility
&. Conduct pre5udicial to the best interest
of the service
$. +isconduct transgression of some
established and definite rule of action)
wrongful intention
#,.
Administrative Code of #021? #:
6nsatisfactory conduct and &: 8ant of
capacity
Civil Service Law? inefficiency and
incompetence in the performance of official
duties
Poor performance falls within the
concept of inefficiency and incompetence
*nefficiency and incompetence can only
be determined after the passage of sufficient
time4 hence4 the probationary period of 3
months.
Poltical or nonAcareer members of the
'oreign Service is coterminous with that of
the appointing authority or sub5ect to his
pleasure
Dolding primarily confidential positions
continue in office as long as the confidence
in them endures) termination is 5ustified on
the ground of lac; of confidence
removal? e(piration of term
Dolding temporary or acting
appointments may be removed at any
time4 without necessity of 5ust cause or a
valid investigation.
Procedure in Administrative Case
#. Administrative case against a public
official shall continue despite withdrawal of
the complaint since they do not involve
purely private matters but are impressed
with public interest by virtue of the public
character of the public office.
&. Substantial proof and not clear and
convincing evidence or proof beyond
reasonable doubt is sufficient.
Satisfied when the employer has
reasonable ground to believe that the
employee is responsible for the misconduct
and his participation renders him unworthy
of trust and confidence demanded by his
position.
Eurisdiction in "isciplinary Cases
#. Deads of ministries4 agencies and
instrumentalities4 provinces4 cities and
municipalities have 5urisdiction to
investigate and decide matters involving
disciplinary action against officers and
employees under their 5urisdiction.
"ecision final in case the penalty
imposed is suspension of not more than $J
days or fine in an amount not e(ceeding $J
days salary.
-ther cases4 decision shall be initially
appealed to the department head and finally
to the Civil Service Commission and
pending appeal4 shall be e(ecutory /PC/P7
when the penalty is removal4 in which case
it shall be e(ecutory only after confirmation
by the department head.
Committee to hear administrative charge
against public school teacher
representative of the teacherKs organization
&. Civil Service Commission has appellate
5urisdiction. Case may be filed directly to it)
it may decide on the case or deputize a
department or agency
Preventive Suspension
7he proper disciplining authority may
preventively suspend any subordinate officer
or employee under his authority pending an
investigation if the charge against such
officer or employee involves #: dishonesty4
&: oppression or grave misconduct or $:
neglect in the performance of duty or ,: if
there is reason to believe that the respondent
is guilty of charges which would warrant his
removal from the service.
Not a penalty. /nable authorities to
investigate.
*f the investigation is not finished and a
decision is not rendered within a period of
0J days4 the suspension will be lifted and the
respondent will automatically be reinstated.
*f after investigation4 he is innocent of
the charges and is e(onerated4 he should be
reinstated.
Preventive suspension can be ordered
even without a hearing.
#,3
Authority to preventively suspend?
e(ercised concurrently by the -mbudsman
%A 311J? 3 months
Court may validly order the preventive
suspension of officer 9since removal of
office is within the power of the Courts:
ac; salary is not warranted when the
immediate e(ecution of the order of
dismissal is 5ustified.
Appeal
+ade within #. days from receipt of the
decision
6NL/SS a petition for reconsideration
is filed4 which shall be decided within #.
days
Petition for %econsideration $ grounds
only?
9#: New evidence has been discovered
which materially affects the decision
9&: "ecision is not supported by evidence on
record
9$: /rror of law or irregularities have been
committed which are pre5udicial to the
interest f the respondent
'rom resolution of the CSC4 file a
petition for certiorari %3. w!in $J days from
receipt of copy of the resolution
Summary "ismissal
%A 33.,
%emoval of Administrative Penalties or
"isabilities
+eritorious cases4 upon
recommendation of the CSC
President may commute or remove
administrative penalties or disabilities
imposed upon officers or employees in
disciplinary cases
Sub5ect to terms and conditions he may
impose in the interest of the service
Abandonment
>oluntary relin@uishment of an office by
the holder with the intention of terminating
his possession and control
Species of resignation
%esignation is formal relin@uishment
Abandonment is voluntary
relin@uishment through nonAuser
BNonAuserC neglect to use a privilege or
a right or to e(ercise an easement or an
office
A person holding an office may abandon
such office
9#: NonAuser
9&: Ac@uiescence
NonAperformance does not constitute
abandonment when?
9#: 7emporary disability
9&: *nvoluntary failure to perform
Public officer vacates office in deference
to the re@uirements of a statute which is
afterwards declared unconstitutional4 such
surrender will not be deemed abandonment.
+ere delay in @ualifying for an office is
not abandonment
ut failure to assume office w!in 3
months fro proclamation4 without 5ust or
valid cause4 shall have the effect of vacating
the office.
Automatically separated if he fails to
return to the service after the e(piration of #A
year leave of absence without pay.
Absent for at least $J days without
approved leave are considered on Absence
8ithout Leave 9A8-L: and shall be
dropped from the service after due notice.
=ranting or approval of leaves
discretionary on the head and depends upon
the needs of the service
'ailure to ma;e courtesy call to oneKs
superior is not an offense4 much less a
ground to terminate employment.
Acceptance of an *ncompatible -ffice
7est of *ncompatibility
#,1
Nature and relation of the two offices to
each other4 they ought not to be held by one
person from the contrariety and antagonism
which would result
Acceptance of incompatible office ipso
facto vacates the other. 7here is no necessity
for any proceeding to declare or complete
the vacation of the first.
Canonizado vs. Aguirre no
incompatibility) though accepted latter4 he
continued to pursue legal remedies to
recover the first from which he was ousted
by a law later to be declared
unconstitutional.
/(ception? when authorized by law to
accept the other office.
Abolition of -ffice
Power of legislature to abolish an office
Congress) even during the term for which
an e(isting incumbent may have been
elected
Constitutional offices cannot be
abolished
No law shall be passed reorganizing the
Eudiciary4 when it undermines security of
tenure
>alid abolition of office does not
constitute removal of incumbent
Legal competence if the city council to
create4 consolidate and reorganize city
offices and positions wholly supported by
local funds
%e@uisite for Abolition of -ffice
9#: +ade in good faith
9&: Clear intent to do away with the office
9$: Cannot be implemented in a manner
contrary to law
%eorganization of =overnment -ffices
Constitutional recognition of authority to
reorganize? promotion of simplicity4
economy and efficiency is the usual
standard.
No violation of due process even if no
hearing was conducted in the matter of
reorganization of "P4 as long as employee
was given a chance to present evidence.
%emoval of employees pursuant to
guidelines in /-##34 reorganization of "ept.
of Agriculture
9#: /(istence of case for summary dismissal
9&: Probable cause for violation of %A $J#0
9$: =ross incompetence or inefficiency
9,: +isuse of public office for partisan
political activities
9.: Analogous grounds showing that
incumbent is unfit to remain in office
%eorganization must meet the common
test of good faith.
P"#,#3? grants the President the
continuing authority to reorganize the
national government4 which includes the
power to group consolidate bureaus and
agencies4 to abolish offices4 to transfer
functions4 to classify and create functions4
services and activities and to standardize
salaries and materials.
Prescription of the %ight to -ffice
Petition for reinstatement after illegal
ouster or dismissal -% recovery of public
office w!in # year from the date petitioner
is illegally ousted.
/(ception? strong4 compelling and
special circumstances
Cristobal vs. +elchor? on grounds of
e@uity
%eason? title to public office should not
be sub5ect to continued uncertainty) should
be determined as speedily as possible.
'iling of an action for administrative
remedy does N-7 suspend the period for
filing the appropriate 5udicial proceeding
9@uo warranto:) # year period runs even
during pendency of a motion for
reconsideration.
*mpeachment
"eath
%enders office vacant.
#,2
'ailure to Assume /lective -ffice w!in 3
months from proclamation
6nless failure is for a cause or causes
beyond his control
Conviction of a Crime
Penalty imposed upon conviction carries
with it the accessory penalty of
dis@ualification4 conviction by final
5udgment automatically terminates official
relationship.
Plenary pardon e(tinguished the
accessory penalty of dis@ualification4 it will
not restore the public office to the officer
convicted)
De must be given a new appointment.
'iling of Certificate of Candidacy
Any person holding a public appointive
office or position4
*ncluding active members of the A'P
And officers and employees in =-CCs
Shall be considered ipso facto
%/S*=N/" upon filing of certificate of
candidacy.
Applies even to employees of =-CCs
without an original charter
GENERAL PRINCIPLES
*nternational Law4 defined
A 7raditional branch of public law which
regulates the relations of States and of other
entities which have been granted
international personality.
'ocuses on S6E/C7S 9entities which
possess international personality and with
rights and obligations recognized under
international law:
as opposed to -E/C7S 9which are
persons or things in respect of which rights
are held and obligations assumed by the
sub5ects of international law:
A +odern law that deals with the
conduct of States and international
organizations4 their relations with each other
and4 in certain circumstances4 their relations
with persons4 natural or 5uridical.
asis of *nternational Law
#. Law of Nature School
7here is a natural and universal principle
of right and wrong4 independent of mutual
intercourse or compact4 which can be
discovered and recognized by every
individual through the use of his reason and
conscience.
Since individuals compose the State
whose will is but the collective will of the
inhabitants4 the State also becomes bound by
the law of nature.
&. Positivist School
inding force of international law is
derived from the agreement of the States to
be bound by it.
*nternational law is not a law of
subordination but of coordination.
$. /clectic or =rotian School
*n so far as it conforms to the dictates of
right reason4 the voluntary law may be said
to blend with the natural law and is an
e(pression of it.
*n case of conflict4 the natural law
prevails4 being the more fundamental law.
Public *nternational Law distinguished from?
Private *nternational Law
Public
*nternational
Law
Private
*nternational
Law
Nature *nternational +unicipal
%emedies *nternational
+odes
Local
7ribunals
Parties *nternational
/ntities
Private
Persons
/nforcement *nternational
Sanction
Sheriff!Police
#,0
*nternational +orality!/thics
Principles which governs relations of States
from the standpoint of conscience4 morality4
5ustice and humanity.
*nternational Comity %ules of
politeness!courtesy observed by States in
relations with other States
*nternational "iplomacy -b5ects of
international policy and the conduct of
foreign affairs
*nternational Administrative Law ody
of laws which regulate the relations and
activities of national and international
agencies with respect to theor material and
intellectual interests which have received
international recognition.
*nternational Law as true law
Although it does not comply with Eohn
AustinKs concept of law 9enforced by
sovereign political authority:4 it is still true
law.
Application4 /nforcement and
Compliance
8ea;ened compliance?
#. lac; of central lawAma;ing authority
&. debilitating 5urisdictional defects
balanced by the ris; of
political!economic retaliations and other
sanctions?
#. public opinions
&. retorsions
$. 6N machinery
,. conviction that obedience will redound
to the public good
%elationship with +unicipal Law
+onist no substantial distinction
"ualist
+unicipal Law *nternational Law
*ssued by a political
superior for
observance by those
under its authority.
Not imposed but
adopted by states as a
common rule of
action.
/nactments of the
lawAma;ing
authority
"erived from such
sources as?
international
customs4
conventions or
general principles
of law
%egulates relations
of individuals
among themselves
Applies to relations
between states and
international persons
>iolations are
redressed through
local 5udicial and
administrative
processes
%esolved through
stateAtoAstate
transactions
reaches entail
individual
responsibility
Collective
responsibility
*ncorporation
"octrine of *ncorporation 9Section &4
Article **: A G adopts the generally accepted
principles of international law as part of the
law of the landG
Although Philippines was not a
signatory to the Dague and =eneva
Conventions4 international 5urisprudence is
automatically incorporated in Philippine
law4 ma;ing 8A% C%*+/S punishable in
the Philippines. 9Luroda vs. Ealandoni:
Prolonged detention of stateless aliens
pending deportation was deemed illegal
incorporating 6niversal "eclaration of
Duman %ights 9orovs;y vs. Commissioner
of *mmigration:
7ransformation
"octrine of 7ransformation re@uires the
enactment by the legislative body of such
international law principles as are sought to
be part of municipal law.
Bprotect and advance the right of the
people to a balanced and healthful ecology
in accord with the rhythm and harmony of
natureC ta;en from the 6niversal
"eclaration of Duman %ights and the Alma
Conference "eclaration of #0124 which
#.J
recognizes health as a fundamental human
right.
LL"AKs authority to issue cease and
desist order doctrine of necessary
implication
Conflict etween *nternational Law and
+unicipal Law
-n the domestic sphere4 with local court
deciding?
o *f in conflict with C-NS7*767*-N
Consti prevails
SC has the power to declare a
treaty!e(ecutive agreement unconstitutional
8here Consti is the highest law of the
land4 both statutes and treaties may be
invalidated if they are in conflict with the
Consti
o *f in conflict with S7A767/
"octrine of *ncorporation decrees that
rules of international law are given e@ual
standing with national legislative
enactments4 not superior.
7reaty may repeal a statute4 a statute
may repeal a treaty principle of $e7
posterior derogate priori 4 that which
comes last in time will usually be upheld by
the municipal tribunal
%etail 7rade Nationalization Law
prevails over the 7reaty of Amity with China
and the 6niversal "eclaration of Duman
%ights former passed in the e(ercise of
police power of the State.
-n the international sphere4 with an
international tribunal deciding?
o *nternational law is superior to
municipal law because international law
provides the standard by which to determine
the legality of a StateKs conduct.
Sources of *nternational Law
A -n domestic sphere
#. Constitution
&. Legislative /nactments
$. Case Law 9stare decisis:
A -n international law problem because?
#. no national legislature
&. no fundamental law
$. doctrine of precedents is not applicable
Note? Article $24 Statute of *nternational
Court of Eustice
A Courts whose function is to decide in
accordance with *nternational Law such
disputes as are submitted to it4 shall apply?
#. As P%*+A%O S-6%C/S
*nternational 7reaties and Conventions
=eneral or particular
/stablishing rules e(pressly recognized
by the contesting states.
*nternational Customs
/vidence of general practice4 accepted as
binding law through persistent usage over a
long period of time
Custom be?
#. prevailing practice by a number of states
&. repeated over a considerable period of
time
$. attended by opinion 5uris or a sense of
legal obligation
=eneral Principles of Law
%ules derived mainly from natural law4
observed and recognized by civilized
nations.
e.g. res 5udicata4 prescription4 pacta sunt
servanda4 estoppel
&. As S/C-N"A%O S-6%C/S
Eudicial "ecisions
=enerally of international tribunals.
+ost authoritative? *CE
N-7 really sources4 but Bsubsidiary
meansC for finding what the law is and
whether a norm has been accepted as a rule
of international law.
"ecision of a national court may be used
depending upon the prestige and perceived
impartiality of the domestic court4 not being
in conflict with the decisions of international
#.#
tribunals and its admissibility in the forum
where it is cited.
8ritings of publicists
#. fair and unbiased representation of
international law
&. by ac;nowledged authorities in the field
*nterpretation of Article $2
although silent4 by practice4 hierarchy is?
#. treaties
&. customs
$. general principles of law
/(ception? Principle of Eus Cogens
Customary international law which has
the status of a peremptory 9absolute4
uncompromisisng4 certain: norm of
international law.
A peremptory norm is a norm accepted
and recognized by the international
community of states as a rule4 from which
no derogation is permitted and which can be
modified only as a subse@uent norm having
the same character.
/(ample? slave trade4 piracy and
terrorism
II. SU/9ECTS O+ INTERNATIONAL
LA.
"istinction etween Sub5ect and -b5ect of
*nternational Law
Sub5ect
/ntity that has rights and responsibilities
under international law.
Proper party in transactions involving
the application of the law of nation among
members of the international community.
-b5ect
Person or thing in respect of which
rights are held and obligations assumed by
the sub5ect.
*t is not directly governed by the rules of
international law.
*ts rights are received4 and its
responsibilities imposed4 indirectly through
the instrumentality of an international
agency.
Sub5ects of *nternational Law
#. states
&. colonies and dependencies
$. mandates and trust territories
,. Doly See
.. 6nited Nations
3. belligerent communities
1. international administrative bodies
2. individuals
States
group of people living together in a fi(ed
territory4
organized for political ends
under an independent government
and capable of entering into international
relations with other states.
/lements of a State
#. People
=roup of individual4 of both se(es4
living together as a community.
Sufficient in number to maintain and
perpetuate themselves.
Casual gathering or a society of pirates
would N-7 constitute a state.
&. 7erritory
'i(ed portion on the earthKs surface
occupied by the inhabitants.
$. =overnment
-rganized4 e(ercising control over and
capable of maintaining law and order within
the territory.
Can be held internationally responsible
for the acts of the inhabitants.
*dentity of the state is not affected by
changes in government.
,. *ndependence or Sovereignty
'reedom from outside control in the
conduct of its foreign and internal affairs.
-ther Suggested /lements?
#.&
#. Civilization
&. %ecognition
Act by which a state ac;nowledges the
e(istence of another state4 a government4
belligerent community and indicates its
willingness to deal with the entity as such
under international law.
7heories on %ecognition
#. Constitutive 9+inority >iew:
%ecognition is the act which constitutes
the entity into an international person.
%ecognition is compulsory and legal.
*t may be compelled once the elements
of the state are established.
&. "eclarative 9+a5ority >iew:
%ecognition merely affirms an e(isting
fact4 li;e possession of the state of the
essential elements.
"iscretionary and political.
asic %ules on %ecognition
Political act.
A matter of policy on the part of each
state
"iscretionary on the part of the
recognizing authority.
/(ercised by the political 9e(ecutive:
department of the state.
Legality and wisdom of recognition is
not sub5ect to 5udicial review.
%e@uirements for %ecognition of
=overnment
#. =overnment is stable and effective
&. 8ith no substantial resistance to
authority
$. show willingness and ability to
discharge its international obligation
,. government must en5oy popular consent
or approval of the people
7obar!8ilson "octrine
Precludes recognition of any government
established by revolutionary means until
constitutional reorganization by free election
of representatives.
Stimson "octrine
No recognition of a government
established through e(ternal aggression.
/strada "octrine
%ecognition has been construed as
approval and nonArecognition as
disapproval4 of a government established
through upheaval4 a state may not issue a
declaration giving recognition to such
government4 but merely accept whatever
government is in effective control without
raising the issue of recognition. "ealing or
not dealing with the government is not a
5udgment on the legitimacy of the said
government.
Linds of %ecognition
#. "e 'acto
Some of the re@uirements for
recognition are absent.
%ecognition generally provisional
Limited to certain 5uridical relations and
it does not bring about full diplomatic
intercourse
"oes not give titles to assets of the state
held or situated abroad
&. "e Eure
%e@uirements for recognition are
fulfilled
8hen there is no specific indication4
recognition is generally considered de 5ure
%elatively permanent
'ull diplomatic intercourse
"iplomatic immunities
Confers titles to assets abroad
$. /(press
,. *mplied
/ffects of %ecognition
#. "iplomatic relations
#.$
&. %ight to sue in the courts of the
recognizing state
$. *mmunity from 5urisdiction
,. /ntitlement to property within the
recognizing state
.. %etroactive validation of the acts of the
recognized state!government
Conditions for %ecognition of elligerency
#. organized civil government having
control and supervision over the armed
struggle
&. serious and widespread struggle with
outcome uncertain
$. occupation of a substantial portion of the
national territory
,. willingness on the part of the rebels to
observe the rules!customs of war
absence of any will result merely in
insurgency4 which is rarely recognized
recognition may either be e(press or
implied
e(amples of implied? proclamation by
the parent state of a bloc;ade of a port held
by the rebels or proclamation of neutrality
by a third state
/ffects of %ecognition of elligerency
#. %esponsibility for the acts of rebels
resulting in in5ury to nationals of the
recognizing state shall be shifted to the rebel
government
&. Legitimate government recognizing the
rebels shall observe the laws of war in
conducting hostilities
$. $
rd
states recognizing the belligerency
shall maintain neutrality
,. recognition is only provisional and for
the purpose of the hostilities
Creation of States
#. accretion of independence
&. agreement
$. attainment of civilization
,. revolution
.. unification
3. succession
/(tinction of States
#. e(tinction
&. emigration en masse of its population
$. loss of territory
,. overthrow of government resulting in
anarchy
Principle of State Continuity
7he state continues as a 5uristic being
notwithstanding changes in the
circumstances4 provided only that such
changes do not result in the loss of any of its
essential elements.
Succession of States
Linds?
#. 6niversal
&. Partial
/ffects?
#. Political laws are abrogated while
municipal laws remains in force
&. 7reaties are discontinued e(cept those
dealing with local rights and duties
$. All rights of the predecessor state are
inherited
,. Successor state can assume and re5ect
liabilities in its discretion
Con@uered state has no personality in
international law.
Succession of =overnment
#. *ntegrity of the State is not affected
&. State continues as the same international
person e(cept that its lawful representative
is changed
Conse@uences of Succession of =overnment
#. all rights of the predecessor government
are inherited by the successor
&. where the new government was
organized by virtue of a constitutional
reform duly ratified in a plebiscite4 all
#.,
obligations of the predecessor are li;ewise
assumed
$. where the new government is established
through violence4 the new government may
lawfully re5ect purely personal political
obligations of the predecessor but not those
obligations contracted by it in the ordinary
course of official business
Classes of States
#. *ndependent freedom to direct and
control foreign relations without restraint
from other states
a. Simple single central government with
power over internal and e(ternal affairs.
b. Composite & or more sovereign states
5oined together to constitute one
international person
i. %eal 6nion
& or more states are merged under a
unified authority so that they form a single
international person through which they act
as one entity.
State retains their separate identities.
%espective international personalities are
e(tinguished and blended in the new
international person.
ii. 'ederal 6nion
&. "ependent theoretically a state4 but
does not have full freedom in the direction
of its e(ternal affairs
a. Protectorate established at the re@uest
of a wea;er state for the protection by a
strong power
b. Suzerainty result of a concession from
a state to a former colony that is allowed to
be independent sub5ect to the retention by
the former sovereign of certain powers over
e(ternal affairs of the latter.
$. Neutralized independence and integrity
are guaranteed by an international treaty on
the condition that such states obligates itself
never to ta;e up arms against any other state
9e(cept in selfAdefense: or to enter into an
international obligation as would indirectly
involved it in war.
>atican City and the Doly See
Das all the constituent elements of
statehood.
Das all the rights of a state.
7he Doly See is an international person
with which the Philippines had diplomatic
ties until #0.1.
Colonies and "ependencies
Colony dependent political community
consisting of a number of citizens of the
same country who migrated to inhabit
another country4 but remain sub5ect to the
mother state.
"ependency territory distinct from the
country in which the supreme power resides4
but belongs rightfully to it4 and sub5ect to
the laws and regulations which the sovereign
may prescribe.
N-7/? 7heoretically4 they belong to the
parent state and are without any personality.
Dowever4 on occasions4 colonies have been
allowed to participate in their own right to
certain international underta;ing.
7erritories under *nternational Control or
Supervision
NonAselfAgoverning territories which
have been placed under international
supervision or control to insure their
political4 economic4 social and educational
advancement.
+andates? former territorial possession
of states defeated in 8orld 8ar and placed
under control of the League of Nations
+any of these mandates became trust
territories which are placed under the
7rusteeship Council of the 6nited Nations.
Condominium territory 5ointly
administered by & states.
7he 6nited Nations
Distorical "evelopment
#. League of Nations
#..
&. London "eclaration
$. Atlantic Charter
,. "eclaration by 6nited Nations
.. +oscow "eclaration
3. "umbarton -a;s Proposal
1. Oulta Conference
2. San 'rancisco Conference
0. 6N =eneral Assembly welcomed
+acedomia
6N Charter
Constitution4 that governs the relations
of international persons
7echnically4 a treaty a contract which
parties must respect under the doctrine of
pacta sunt servanda4 although it also applies
to nonAmember States at least in so far as
may be necessary for the maintenance of
international peace and security.
### articles R preamble R concluding
provisions
Anne(ed is the Statute of the *CE
Amendment
&!$ of the members of the =eneral
Assembly and ratified in accordance with
their respective constitutional processes by
&!$ of the members of the 6N4 including
permanent members of the Security Council
A general conference called by a
ma5ority vote of the =eneral Assembly and
any nine members of the Security Council4
may propose amendments by a &!$ vote of
the conference and shall ta;e effect when
ratified by &!$ of the members of the 6N4
including the permanent member of the
Security Council.
Principal -b5ectives
#. prevention of war
&. maintenance of international peace and
security
$. development of friendly relations among
members of the international community
,. attainment of international cooperation
.. harmony in the actions of nations
+embership
Classes? based on the manner of
admission4 members may be?
#. -riginal
&. /lective
<ualification
#. State
&. peaceAloving
$. accept the obligations under the Charter
,. able and willing to carry out these
obligations
Admission
"ecision of &!$ of those present and
voting in the =eneral Assembly upon
recommendation of at least 0 including
Suspension
"ecision of &!$ of those present and
voting in the =eneral Assembly upon
recommendation of at least 0 including
/ffects?
#. Cannot participate in meetings
&. Cannot be elected to continue or to serve
in the Security Council4 /conomic and
Social Council and 7rusteeship Council
$. Nationals may continue to serve in the
Secretariat and *C4
,. A member is still sub5ect to discharge its
obligations under the Charter
7o lift4 @ualified ma5ority vote of the
Security Council
/(pulsion
&!$ vote of those present and voting in
the =eneral Assembly upon
recommendation of at @ualified ma5ority of
the Security Council
=round? persistently violating the
principles contained in Charter
8ithdrawal
*ntended that no provision on
withdrawal is included in the charter.
No compulsion for continued
membership.
#.3
Principal -rgans
#. =eneral Assembly
&. Security Council
$. /conomic and Social Council
,. 7rusteeship Council
.. Secretariat
3. *nternational Court of Eustice
=eneral Assembly
A Consist of all the members of the
organization
A /ach is entitled to not more than .
representative and . alternates
A /ach member has only one vote
A %egular session once a year
A +ay hold special sessions called by
Secretary =eneral at the re@uest of the
Security Council or ma5ority of members
A -n important @uestions4 vote of &!$ of
the members present and voting is re@uired
A -n other @uestions4 a simple ma5ority
A 7o classify the @uestion as important4 the
vote re@uired is a simple ma5ority
A 'unctions
#: "eliberative
&: Supervisory
$: 'inancial
,: /lective
.: Constituent
Security Council
A Ley organ in the maintenance of
international peace and security
A Composition
#: . permanent members? China4 'rance4
%ussia4 6L and 6S
&: #J elective members4 elected for & years
by the =eneral Assembly
. from African and Asian States
& from Latin American States
& from 8estern /uropean and other
states
# from /astern /uropean state
A 'or elective members4 no immediate
reelection is allowed
A 'unction continuously and sessions may
be called at any time
A %epresentative of the state should
always be available
A 'unctions
#: +aintain peace and security
&: *nvestigate disputes and call disputants
to settle their differences through peaceful
means
$: %ecommend methods of ad5ustment of
disputes
,: "etermine the e(istence of threats to
peace4 breach of peace4 acts of aggression
and ma;e appropriate recommendations4
.: 6nderta;e preventive and enforcement
actions
Preventive actions
#: Provisional measures to prevent a
conflict from worsening
&: "eployment of peace;eeping and
observer mission
A /stablished by Security Council
A "irected by the Secretary =eneral
A Consent of the host government
A +ilitary observers shall be unarmed
A Peace ;eeping forces may be armed with
light weapons4 but are not authorized to use
force e(cept in selfAdefense
A -perations must not interfere with
internal affairs
$: -ther measures
A *nterruption of economic relations4
communication or diplomatic relations4
e(cept for humanitarian reasons
/nforcement actions
#: "eployment of air4 sea and land forces
&: *nstitution of a bloc;ade
"omestic Eurisdiction Clause
Necessary for settlement of disputes
-nly limitation is that dispute must be
international
-therwise4 such action would violate the
principle that 6.N. shall not intervene in any
matter within the 5urisdiction of any State.
#.1
>oting? 7he Oalta 'ormula
/ach member of the Security Council
shall have one vote4 distinction as to
permanent and nonApermanent members in
the resolution of substantive @uestions.
Procedural matter affirmative vote by
any 0 or more members.
NonAprocedural matters concurrence of
at least 0 members4 including all the
permanent members.
"etermination of whether a matter is
procedural or substantive4 is nonAprocedural
Bdouble vetoC by a permanent member.
Abstention or absence of any permanent
member is not considered a veto.
/conomic and Social Council
., members elected by the =eneral
Assembly for a $Ayear term
/(ert efforts toward?
#: Digher standards of living
&: Conditions of economic and social
progress and development
$: Solutions of international economic 4
social and health related problems
,: 6niversal respect for and observance of
human rights and fundamental freedoms
"ecisions reached by a ma5ority vote
7rusteeship Council
Assisting the Security Council and the
=eneral Assembly in the administration of
the *nternational 7rusteeship System
Composition
#: +embers of 6N administering trust
territories
&: Permanent members of the Security
Council not administering trust territories
$: As many other members elected by the
=eneral Assembly as may be necessary to
ensure that the total number of members of
the 6N which administer trust territories and
those which did not
Secretariat
Chief administrative organ of the 6N
Deaded by the Secretary =eneral who is
chosen by the =eneral Assembly upon
recommendation of the Security Council
Secretary =eneral
Dighest representative of the 6N4
authorized to act in its behalf
Acts as Secretary in all meetings of the
=eneral Assembly4 Security Council.
/conomic and Social Council and
7rusteeship Council
*nternational civil servants
Cannot receive instructions from any
government or source outside the 6N
%ight of Political *nitiative
+ay bring to the attention of the 6N
Security Council any matter which4 in his
opinion4 may threaten international peace
and security.
*nternational Court of Eustice
Principal 5udicial organ of the 6N
Composition?
#. members
elected for a term of 0 years
by absolute ma5ority vote in the =eneral
Assembly and the Security Council
in separate elections.
no two of whom must be nationals of the
same state
<ualifications
must possess high moral character
possess the @ualifications re@uired in
their respective countries for appointment to
their highest 5udicial offices
Court decides contentious cases and
renders advisory opinions.
-nly states4 including nonAmembers of
the 6N4 may be parties in contentious cases.
Eurisdiction of the court is based on the
consent of the parties in accordance with
Boptional 5urisdiction clauseC
Court may decide on?
the interpretation of treaties4
any @uestion of international law4
#.2
the e(istence of facts constituting breach
of international obligations and
the nature or e(tent of the reparation to
be made for the breach of an international
obligation.
Advisory opinions may be given upon
re@uest of the =eneral Assembly4 or the
Security Council or the other organs of the
6N when authorized by the =eneral
Assembly.
*nternational Administrative odies
A NonApolitical
A Autonomous
A Not sub5ect to control by any state
*nternational Law Commission
o /stablished by 6N =eneral Assembly in
#0,1
o 7o promote the codification and
progressive development of international
law.
o -ne of the functions? to produce "raft
Articles which may codify certain
customary international law or aid in its
development.
o /.g. "raft Articles on State
%esponsibility
Legality of the 7hreat or 6se of Nuclear
8eapons -pinion 98D- Case:
o *CE ruled that it did not have 5urisdiction
to decide on re@uest of 8D- to render an
advisory opinion on whether the use of
nuclear weapons by a State in war or other
armed conflict would be a breach of its
obligations under international law4
including 8D- Convention.
o *nternational organizations are governed
by the P%*NC*PL/ -' SP/C*AL7O4 that
they are invested by the States which create
them with powers4 the limits of which are a
function of the common interest whose
promotion those States entrust to them.
o 7o accede to the demand of 8D- would
be violative of the Principle of Specialty4 for
such competence could not be deemed a
necessary implication of the Constitution.
*ndividuals
A 7raditionally considered as ob5ects
A =ranted a certain degree of international
personality under a number of Agreements?
#. 6N Charter
&. 6niversal "eclaration of Duman %ights
$. treaties4 e.g. 7reaty of >ersailles
,. 7he need for States to maintain an
international standard of 5ustice in the
treatment of aliens
.. =enocide Convention
3. #0$J Dague Convention
1. #0.J /uropean Convention on Duman
%ights and 'undamental 'reedoms
III. +UN,A-ENTAL RIGHTS O+
STATE
#. /(istence and SelfAPreservation
&. %ight to Sovereignty and *ndependence
$. %ight of /@uality
/(istence and SelfAPreservation
Article .# of the 6N Charter
%ight of the state to individual and
collective selfAdefense through regional
appointments4 if an armed attac; occurs
against such state4 until the Security Council
has ta;en measures necessary to maintain
international peace and security.
%ight may be resorted to upon clear
showing of grave and actual danger and
must be limited to necessity.
Security Council which determines
whether or not an Barmed attac;C has ta;en
place.
Aggression
7he use of armed force by a state against
the sovereignty4 territorial integrity or
political independence of another state or in
any other manner inconsistent with the 6N
Charter.
#.0
7he first use of armed force by a State in
contravention of the 6N Charter is prima
facie evidence of an act of aggression.
-ther principles
#. No consideration of whatever nature4
political4 economic or military4 can 5ustify
aggression.
&. A war of aggression is a crime against
international peace which will give rise to
international responsibility.
$. No territorial ac@uisition or special
advantage resulting from aggression shall be
recognized as lawful.
,. All these are without pre5udice to the
right of selfAdetermination4 freedom and
independence of people deprived of such
rights4 nor the right to these people to
struggle to that end and to see; and receive
support.
%ight to Sovereignty and *ndependence
Sovereignty
7he totality of the powers4 legal
competence and privileges of a state arising
from customary international law and not
dependent on the consent of another state.
*ndependence
7he freedom to conduct foreign relations
without outside control.
7he right to independence is a natural
aspiration of people.
*t is not an absolute freedom.
>alid restraints may consist in the
obligation to observe
#. the rights of others
&. treaty stipulations
$. obligations arising from membership in
international organizations
*ntervention
State interferes in the domestic or
foreign affairs of another state through the
use of force or threat of force.
Protest or demand for rectification or
reparation does not comprise intervention.
#. *ntervention used to be 5ustified for
preservation of the balance of power4 preA
emptive selfAdefense4 enforcement of treaty
obligation4 collection of debts 9subse@uently
prohibited "rago "octrine in the D=6/
Convention:.
&. Contemporary *nternational Law4
intervention is not allowed.
o Article &4 6N Charter even 6N is
precluded from intervening in matters
essentially within the domestic 5urisdiction
of a state4 unless necessary to remove and
prevent threats to the peace4 breaches or acts
of aggression.
o #03. 6N =eneral Assembly no state
has the right to intervene4 directly or
indirectly4 in the affairs of another.
$. At present4 intervention is allowed only?
a. as an act of individual or collective selfA
defense in response to an armed attac;
b. pursuant to treaty stipulations or
c. with prior 6N authorization
%ight of /@uality
A Article & of 6N Charter
-rganization is based on the principle of
sovereign e@uality of all its members
=uaranteed is legal or sovereign
e@uality? e@ual in law4 rights of sovereignty4
personality4 territorial integrity and political
independence respected by others.
Not e@uality in fact
A Act of State "octrine
A state should not in@uire into the legal
validity of the public acts of another state
done within the territory of the latter.
Considerations such as motive are
immaterial.
State doctrine seems to ma;e a
determination on the validity of the
confiscation of property by a foreign state a
violation of the principle of international
law. 9Sabbatino Case:
Acts of torture4 e(ecution and
disappearance were clearly acts outside of
#3J
the PresidentKs authority and are not covered
by the act of state doctrine.
A "octrine of State *mmunity
As a conse@uence of independence4
territorial supremacy and e@uality4 a state
en5oys immunity from the e(ercise of
5urisdiction 9e(ecutive4 legislative4 5udicial:
by another state4 unless he has gi#en
consent4 !ai#ed its imm%nit) or
#o$%ntari$) s%bmitted to the 5urisdiction of
the court concerned.
Neither may its public property be
attached or ta(ed4 nor its public vessel be
boarded4 arrested or sued.
ased on the principle of par in parem
non habet imperium.
7he StateKs immunity e(tends to the
Dead of State who is the personification of
the State.
%estrictive Application of the "octrine
-nly with respect to sovereign or public
acts of the state and cannot be invo;ed with
respect to private or proprietary acts.
Neither may this immunity be invo;ed
when the foreign state sues in the courts of
another state4 for then it is deemed to have
submitted itself to the ordinary incidents of
procedure and thus4 a counterclaim may be
validly set up against it.
-n Labor Contracts
*mmunity /(tends to "iplomatic
Personnel to the 6nited Nations4 its organs
and specialized agencies and to international
organizations
8aiver of *mmunity
#. gives its consent at the time the
proceeding is instituted
&. ta;es steps relating to the merits of the
case before invo;ing immunity
$. by treaty or contract4 it had previously
given consent
,. by law or regulation in force at the time
the complaint arose4 it has indicated that it
will consent to the institution of the
proceedings.
I*. RIGHT TO TERRITORIAL
INTEGRIT6 AN, 9URIS,ICTION
7erritory
A 'i(ed portion on the surface of the earth
on which the State settles and over which it
has supreme authority.
A Components?
#. 7errestrial
&. Aerial
$. 'luvial
,. +aritime
A National 7erritory of the Philippines
Section #4 Article *.
A -rganic Acts
#. 7reaty of Paris cession of the
Philippine *slands by Spain to the 6S
&. 7reaty between Spain and the 6S
Cagayan4 Sulu and Sibuto
$. 7reaty between 6S and =reat ritain
7urtle *slands and +angsee *slands
,. #0$. Constitution atanes
.. #01$ Constitution by historic or legal
title
3. P" #.03 Lalyaan *slands by virtue of
occupation and e(ercise of 5urisdiction
Land 7erritory 97errestrial "omain:
+odes of Ac@uisition
#. "iscovery and -ccupation
7erritory not belonging to any State or
terra nullius is placed under the sovereignty
of the claiming State.
"iscovery alone merely creates an
inchoate right and it must be followed
within a reasonable time by effective
occupation and administration.
Palmas *sland Arbitration Case
inchoate right flowing from discovery was
deemed lost because administration was not
underta;en within a reasonable time.
Clipperton *sland Case small territory
infre@uent administration sufficient
/astern =reenland Case thinly
populated and uninhabited areas4 very little
#3#
actual e(ercise of sovereignty was needed in
the absence of competition.
Lalayaan *slands 7omas Cloma
claim to the islands is 5ustified by reason of
history4 indispensable need and effective
occupation and control.
+anila "eclaration of #00& whatever
conflicting claims4 there may be over the
islands shall be resolved in a peaceful
manner4 through diplomatic negotiations.
&. Prescription
Continuous and uninterrupted possession
over a long period of time
*n international law4 as opposed to civil
law4 there is no rule of thumb as to the
length of time needed for ac@uisition of
territory through prescription.
=rotius doctrine of immemorial
prescription uninterrupted possession
going beyond memory.
$. Cession
a. >oluntary
o 7reaty of Sale
o 7reaty of "onation
b. *nvoluntary or 'orced
,. Con@uest
No longer recognized.
6N Charter prohibits resort to threat or
use of force against territorial integrity or
political independence.
Stimson "octrine 9even before 6N
Charter: which forbade recognition of any
government set up through e(ternal
aggression.
.. Accretion
*ncrease in the land area of the State4
through natural means or artificially through
human labor
+aritime Authority 9'luvial and +aritime
"omain:
#: *nternal 9National: 8aters
odies if water within the land mass.
7he 6N Convention on the Law of Seas
all waters on the landward side of the
baselines of the territorial sea.
i. %ivers
National
oundary divide territories of States
*nternational flows through various
states
o 7halweg "octrine? 'or boundary rivers4
in the absence of an agreement between the
riparian States4 the boundary line is laid on
the middle of the main navigable channel
o +iddle of the ridge "octrine? 8here
there is a bridge over a boundary river4 the
boundary line is the middle or center of the
bridge.
ii. ays and =ulfs
ay wellAmar;ed indentation whose
penetration is in such proportion to the
width of its mouth as to contain landAloc;ed
waters and constitute more than a curvature
of the coast.
Area must be as large or larger than a
semiAcircle whose diameter is a line drawn
across the mouth of such indentation4 or if
the mouth is less than &, miles wide.
Distoric ay waters are considered
internal because of the e(istence of historic
title.
iii. Straits narrow passageways connecting
& bodies of water.
*f the distance between the two opposite
coasts is not more than 3 miles4 they are
considered internal waters.
iv. Canals
Suez Canal A neutralized
Panama Canal open to everyone in
times of war or peace
&: Archipelagic 8aters
Archipelagic "octrine 7he waters
around4 between and connecting the islands
of the archipelago4 regardless of their
breadth or dimension4 are to be treated as
internal waters.
#3&
Archipelago group of islands
9including parts of island:4 interconnecting
waters and other natural features which are
closed interrelated in such islands4 waters4
and other natural features which form an
intrinsic geographical4 economic and
political entity for which historically has
been regarded as such.
Straight aseline +ethod to determine
e(tent of archipelagic waters4 the
archipelagic state shall draw straight
baselines connecting the outermost points of
the outermost islands and drying reefs
providing that the ratio of the area of the
water to the area of the land4 including
atolls4 is between #?# and 0?#.
7he length of such baselines shall not
e(ceed #JJ nautical miles4 e(cept that up to
$H of the total number of base lines
inclosing any archipelago may e(ceed that
length4 up to a ma(imum of #&. nautical
miles.
7he baselines drawn should not depart
from4 to any appreciable e(tent4 from the
general configuration of the archipelago.
All the waters within the baselines shall
be considered as internal waters.
7he breadth of the #&Amile territorial
sea4 the contiguous zone4 the e(clusive
economic zone and the continental shelf
shall then be measures from the archipelagic
baselines.
>essels may be allowed innocent
passage. 7his right may be suspended4 after
P6L*CA7*-N in the interest of
*N7/%NA7*-NAL S/C6%*7O.
Coastal state may designate the
A%CD*P/LA=*C S/A LAN/S for
continuous4 unobstructed transit vessels.
$: 7erritorial Sea A belt of the sea located
between the coast and internal waters of the
coastal state on one hand and the high seas
on the other4 e(tending up to #& nautical
miles from the lowAwater mar;4 or in case of
archipelagic states4 from the baselines.
=%? ships 9not aircrafts: of all states
en5oy the right of innocent passage through
the territorial sea 9not waters:.
+ust be continuous and e(peditious.
/(ception? force ma5eure
Submarines and other underwater craft
are re@uired to navigate on the surface and
to show their flag
,: Contiguous None e(tends up to #&
nautical miles from the territorial sea.
7echnically4 not part of the territory of
the State.
Coastal state may e(ercise limited
5urisdiction over the contiguous zone to
prevent infringement of customs4 fiscal4
immigration or sanitary laws.
.: /(clusive /conomic None e(tends up
to &JJ nautical miles from the lowAwater
mar; or the baselines.
Coastal state may e(ercise sovereign
rights over economic resources of the sea4
seabed4 subsoil4
-ther States shall have freedom of
navigation and overAflight4 to lay submarine
cables and pipelines4 and other lawful uses.
States with overlapping //N enter
into appropriate treaty for 5oint e(ploitation
and utilization.
Philippine //N Scarborough Shoal
3: Continental Shelf
Comprises the seabed and the subsoil of
the submarine areas that e(tends beyond the
territorial sea throughout the natural
prolongation of its land territory to the outer
edge of the continental margin4 or to a
distance of &JJ miles from the baselines
from which the territorial sea is ensured
where the outer edge of the continental
margin does not e(tend up to that distance.
Coastal state en5oys right of e(ploitation
of oil deposits and other resources in the
continental shelf.
*n case continental shelf e(tends to the
shores of another State4 or is shared with
another State4 the boundary shall be
#3$
determined in accordance with e@uitable
principles.
1: Digh Seas
7reated as res communes or res nullius
Not territory of any particular state
7raditional view? 'reedom of the high
seas open and available4 without
restriction4 to the use of all states for the
purpose of navigation4 flight over them4
laying submarine cables and pipes4 fishing4
research4 mining4 etc.
At present4 sub5ect to regulation arising
from treaty stipulations.
'reedom of navigation right to sail
ships on the high seas4 sub5ect only to
international law and the laws of the flag
state.
Settlement of "ispute Arising from the 6N
Convention on the Law of the Sea
96NCL-S:
Part P> of #02& 6N Convention on the
Law of the Sea
%e@uires States to settle peacefully any
dispute concerning the convention.
'ailing bilateral settlement settled for
compulsory settlement to one of the
tribunals having 5urisdiction.
*nternational 7ribunal for the Law of the
Sea4 *CE4 and arbitral or special arbitral
tribunals constitutes under 6NCL-S
Air 7erritory
A Aerial domain
A Air space above the land and water of
the state.
A *nternational Convention on Civil
Aviation 9Chicago Convention:
/very State has complete and e(clusive
sovereignty over the air space above its
territory) but this shall not include outer
space 9re communes:.
-ther States have no right of innocent
passage over the air territory of another
State.
. 'reedoms 9of Air 7ransportation for
Scheduled *nternational Services:
'ly across the territory without landing
Land for nonAtraffic purposes
Land to put down passenger4 mail4 cargo
of flag territory
Land to ta;e passenger4 mail4 cargo of
flag territory
Put down passenger4 mail4 cargo from
these territories
A #02# %esolution of the *nternational
Civil Aviation -rganization
*ntrusion into the air space by civilian
aircraft may be intercepted but in no case
shall the interception be attended with the
use of weapons.
+ilitary aircraft may be shot down.
-uter Space
%ules governing high seas apply)
considered res communes.
6nder customary international law4
States have the right to launch satellites in
orbit over the territorial air space of other
States.
-uter Space 7reaty of #031
#. -uter space is free for e(ploration and
use by all States
&. Cannot be anne(ed by any State
$. +ay be used e(clusively for peaceful
purposes. 9nuclear weapons of mass
destruction may not be placed in orbit
around the earth:
#01& Convention on *nternational
Liability for "amage Caused by -uter
Space -b5ects
o States which launch ob5ects into space
may be held liable for the harmful
contamination or for damage which may be
caused by falling ob5ects.
7heories on where outer space begins
#. lowest altitude for artificial earth
satellites to orbit without being destroyed by
friction 90J ;ms above earth:
#3,
&. theoretical limits of air flights 92, ;ms
above earth:
$. functional approach rules shall not
depend on the boundaries set4 but on the
nature of the activity underta;en.
Eurisdiction
A Power or authority e(ercised by a State
over land4 persons4 property4 transactions
and events.
A ases of Eurisdiction
#. 7erritorial Principle
State may e(ercise 5urisdiction only
within its territory.
/(ceptionally4 it may have 5urisdiction
over persons and acts done outside its
territory depending on the ;ind of
5urisdiction it invo;es.
8hile there is no territorial limit on the
e(ercise of 5urisdiction over civil matters4 a
State4 as a general rule4 has criminal
5urisdiction over offenses committed
committed within its territory4 e(cept over?
#. continuing offenses
&. acts pre5udicial to the national security
or vital interests of the State
$. universal crimes
,. offenses covered by special agreement
9obsolete:
&. Nationality Principle
State has 5urisdiction over its nationals
anywhere in the world4 based on the theory
that a national is entitled to the protection of
the State wherever he may be4 and thus4 is
bound to it by duty of obedience and
allegiance4 unless he is prepared to renounce
his nationality.
Applies to civil matters 9Article #. of
CC: and ta(ation.
N-7 applicable to criminal offenses.
$. Protective Principle
State has 5urisdiction over acts
committed abroad 9by nationals or
foreigners: which are pre5udicial to its
national security or vital interests.
Article & of %PC4 Philippines has
5urisdiction over
#. offenses committed on board a
Philippine ship or airship
&. forging!counterfeiting of Philippine
coins or currency notes
$. introduction into Philippines of such
forged or counterfeit coins or notes
,. offenses committed by public officers or
employees in the e(ercise of official
functions
.. crimes against national security and the
law of nations
,. Principle of 6niversality
State has 5urisdiction over offenses
considered as universal crimes regardless of
where committed and who committed them.
6niversal crimes threaten the
international community as a whole and are
considered criminal offenses in all countries?
a. =enocide
b. Piracy 5ure gentium
c. 8hite slave trade
d. Di5ac;ing
e. 7errorism
f. 8ar crimes
.. Principle of Passive Personality
State e(ercises 5urisdiction over crimes
against its own nationals even if committed
outside its territory.
+ay be resorted to if the others are not
applicable.
A /(emptions from Eurisdiction
#: "octrine of State *mmunity
&: Act of State "octrine
A state could not in@uire into the legal
validity of the public acts of another State
done within the territory of the latter.
7he doctrine is more of a choice of law
rule4 and may be raised by private parties.
$: "iplomatic *mmunity
Part of customary international law.
7o uphold their dignity as representative
of their respective States and to allow them
#3.
free and unhampered e(ercise of their
functions.
Procedure for claiming immunity?
#: %e@uest by the foreign state for an
e(ecutive endorsement by the "epartment of
'oreign Affairs
&: "etermination made by the /(ecutive
"epartment is a political @uestion which is
conclusive on Philippine courts.
Dead of the State en5oys personal
immunity from the 5urisdiction of another
State
#03# >ienna Convention on "iplomatic
%elations
%ight of the foreign State to ac@uire
property in the receiving State for its
diplomatic mission4 as well as immunity of
the diplomatic envoy from civil 5urisdiction
of the receiving State over any real action
relating to immovable property which the
envoy holds on behalf of the sending state
for purposes of the mission.
,: *mmunity of the 6nited Nations4 its
-rgans4 Specialized Agencies4 other
*nternational -rganizations and its -fficers
Article #J.4 6N Charter? Borganizations4
officers4 representatives of members4 who
shall such privileges and immunities as are
necessary for the independent e(ercise of
their functions.C
Secure them legal and practical
independence in fulfilling their duties.
'ree from political pressure or control by
the host country.
Convention on the Privilege and
*mmunities of the 6nited Nations the
immunities are with respect to?
#: Legal processes relative to words spo;en
or written and acts in their official capacity
&: 7a(ation on salaries and emoluments
$: National service obligations
,: *mmigration4 restriction and alien
registration
.: Same immunities as are en5oyed by
diplomats of comparable ran;
*nternational agency4 en5oys immunity
from the legal writs and processes of the
Philippines4 because sub5ection to local
5urisdiction would impair the capacity of
such body to discharge its responsibilities
impartially in behalf of its member States.
Section $#4 Convention on the Privileges
and *mmunities to Specialized Agencies of
the 6N provides remedy for those who
may be adversely affected by these
immunities each specialized agency of
the 6N shall ma;e a provision for
appropriate modes of settlement of disputes
arising out of contracts or other disputes of
private character to which it is a party.
.: 'oreign merchant vessels e(ercising the
right of innocent passage or arrival under
stress
*nnocent Passage? navigation through the
territorial sea of a State for the purpose of
transversing that sea without entering
internal waters4 or of proceeding to internal
waters4 or ma;ing for the high seas from the
internal waters4 as long as it is not
pre5udicial to the peace4 good order or
security of the coastal State.
Arrival under stress? involuntary
entrance4 due to lac; of provisions4
unseaworthiness of vessel4 inclement
weather or other case of force ma5eure4 such
as pursuit by pirates.
3: 'oreign armies passing through or
stationed in the territory with the permission
of the State
1: 8arships and other public vessels of
another State operated for nonAcommercial
purposes
=enerally immune from local
5urisdiction Bfloating territoryC
Crew members are immune from local
5urisdiction when on shore duty.
N!A if the crew members violate local
laws while on furlough or offAduty
Eurisdiction over Land Authority
#33
A Save for e(ceptions4 the State e(ercises
5urisdiction over everything found within the
terrestrial domain.
Eurisdiction over +aritime Authority
A -ver internal waters
Same 5urisdiction as land area4 since the
internal water are deemed assimilated in the
land mass
'oreign merchant vessels doc;ed in a
local port or bay4 the coastal state e(ercises
5urisdiction in civil matters4 but criminal
5urisdiction depends on?
#: /nglish %ule? coastal state shall have
5urisdiction over all offenses committed on
board the vessel e(cept those which do not
compromise the peace of the port
&: 'rench %ule? flag State shall have
5urisdiction over all offenses committed on
board the vessel e(cept those which
compromise the peace of the port.
A -ver archipelagic waters
Same rule as internal waters.
/(cept for innocent passage of merchant
vessels through archipelagic sea lanes.
A -ver the territorial sea
Criminal 5urisdiction over foreign
merchant vessels depends on /nglish %ule
or 'rench %ule
/(ceptions?
#: *nnocent passage and
&: *nvoluntary surrender 9distress on the
vessel must be real:
A -ver the contiguous zone
6N Convention on the Law of the Sea4
the Coastal State may e(ercise the control
necessary to prevent infringement of its
customs4 fiscal4 immigration and sanitary
regulations4 and punish the said
infringement.
A -ver the e(clusive economic zone
6N Convention on the Law of the Sea4
Coastal State has sovereign rights over the
//N for purposes if e(ploring and
e(ploiting4 conserving and managing the
natural resources4 whether living or nonA
living4 of the seaAbed4 subAsoil4 and the
super5acent waters as well the production of
energy from the water4 currents and winds.
-ther States shall have the freedom of
navigation and overAflight4 to lay submarine
cables and pipes and other lawful uses.
A -ver the continental shelf
Coastal State en5oys the right of
e(ploitation of oil deposits and other
resources in the continental shelf.
*n case the continental shelf e(tends to
the shores of another State or is shared with
another State4 the boundary shall be
determined in accordance with e@uitable
principles.
A -ver the high seas
*ts vessels
'lag state has 5urisdiction over its public
vessels wherever they are4 and over its
merchant vessels on the high seas.
ecause of the B'lags of ConvenienceC
Controversy4 the 6N Convention on the Law
of the Sea concedes that a vessel shall have
the nationality of the flag it flies provided
there is genuine lin; between the State and
the vessel State must effectively e(ercise
5urisdiction and control in administrative4
technical and social matters over the ship.
Pirates
/nemies of man;ind
+ay be captured on the open seas by the
vessels of any State
/ngaged in illicit traffic in drugs and
slave trade
All states shall cooperate in the
suppression of?
#: *llicit traffic in narcotics
&: *llicit traffic in slave trade
$: 7errorism
,: 6nauthorized broadcasting from the high
seas4 e(cept in distress calls
*n the e(ercise of the right to visit and
search
Laws of Neutrality public vessels or
aircraft of a belligerent State may visit and
#31
search any neutral merchant vessel on the
open seas and capture it if found to be
engaged in activities favorable to the other
belligerent.
6nder the doctrine of hot pursuit
*f an offense is committed by a foreign
merchant vessel within the territorial waters
of the coastal state 9or of the coastal state
has good reason to believe that such an
offense had been committed: the said StateKs
vessels may pursue the offending vessel into
the open seas and4 upon capture4 bring it
bac; to its territory for punishment.
/(ercised to violations committed in the
//N or on the continental shelf installations.
Dowever4 to be lawful?
#: 7he pursuit must have begun before the
offending vessel has left the territorial
waters or the contiguous zone of the coastal
state
&: 7he pursuit must be continuous and
unabated
$: Ceases as soon as the ship being pursued
enters the territorial sea of its own or of a
7hird State.
Eurisdiction over other 7erritories 9/(traA
7erritorial Eurisdiction:
A State may4 by virtue of customary and
conventional law4 e(tend its 5urisdiction to
territory not within its sovereignty in the
following?
#: Assertion of personal 5urisdiction over
its national abroad
&: %elations with other states4 as when it
establishes a protectorate4 condominium4 or
administers trust territory or occupies enemy
territory in the course of war
$: Conse@uence of waiver of 5urisdiction
by the local state over person and things
within the latterKs territory
,: Principle of e(traterritoriality4 e(emption
of persons and things from the local
5urisdiction on the basis of international
custom.
9Principle of e(traAterritoriality?
e(emption from 5urisdiction is based on
treaty or convention) discredited:
.: /n5oyment of easements and servitudes
%ome Statute of the *nternational Criminal
Court 9*CC:
A Adopted in Euly4 #022 by a Conference
of States in %ome
A Come into e(istence once 3J States have
ratified
A Philippines signed the *CC Statute on &2
"ecember &JJJ
A Eanuary &JJJ #&, countries have
signed) only &. have ratified
A Eurisdiction of the court limited to
serious crimes of concern to international
community as a whole
a. =enocide
b. Crimes against humanity
c. 8ar crimes
d. Crimes of aggression
*. RIGHT O+ LEGATION
7he %ight of Legation
%ight of "iplomatic *ntercourse
%ight of the state to send and receive
diplomatic missions4 which enables States to
carry on friendly intercourse.
Not a natural or inherent right4 e(ists by
common consent.
No legal liability is incurred by the State
for refusing to send or receive diplomatic
representatives.
=overned by the >ienna Convention on
"iplomatic %elations.
Agents of "iplomatic *ntercourse
#. Dead of State
/mbodiment of the sovereignty of the
State
/n5oys right to special protection for his
physical safety and the preservation of his
honor and reputation.
#32
/n5oys principle of e(territorilaity
@uarters4 archives4 property and means of
transportation are inviolable
*mmune from criminal and civil
5urisdiction4 e(cept when he himself is the
plaintiff
Not sub5ect to ta( or e(change or
currency restrictions.
&. 7he 'oreign -ffice
/ntrusted with the actual dayAtoAday
conduct of foreign affairs
Deaded by Secretary or +inister who
can ma;e binding declarations on behalf of
his government.
/stablishment of %esident +issions
States carry on diplomatic intercourse
through permanent missions established in
the capitals of other States.
Composed of?
#. Dead of +ission Classified by >ienna
Convention?
a. Ambassadors!nuncios accredited to
Dead of State4 and other heads of mission of
e@uivalent ran;
b. /nvoys!ministers!internuncios4
accredited to Dead of State
c. Charges dKaffaires4 accredited to
+inisters of 'oreign Affiars
&. "iplomatic Staff
/ngaged in diplomatic activities and are
accredited diplomatic ran;
$. Administrative and 7echnical Staff
/mployed in administrative and
technical staff of the mission
,. Service Staff
/ngaged in domestic service of the
mission
"iplomatic Corps
According to custom4 all diplomatic
envoys accredited to the same state form a
body ;nown as the "iplomatic Corps
"oyen!head of the body?
#: Papal Nuncio
&: -ldest ambassador
$: -ldest minister plenipotentiary
Appointment of /nvoys
*n the Philippines4 the President
cannot be @uestioned
Sending state is not absolutely free in the
choice of its diplomatic representatives4
especially heads of mission /CA6S/ the
receiving State has the %*=D7 7- %/'6S/
to receive as envoy of another State a person
whom it considers unacceptable4
7o avoid embarrassment4 sending State
may resort to an *N'-%+AL in@uiry
9en@uiry: to which the receiving State
responds with an informal conformity
9agreement: A=%/A7*-N
After conclusion of the informal process4
the diplomatic mission commences when the
envoy presents himself at the receiving state
generally armed with the following papers?
#: L/77%/ "/ C%/ANC/ 9Letter of
Credence: name!ran;!general character of
the mission and a re@uest for favorable
reception and full credence
&: "*PL-+A7*C PASSP-%7 authorizing
his travel
$: *NS7%6C7*-NS includes document
of full powers 9pleins pouvoirs: authorizing
him to negotiate on e(traordinary or special
business
,: C*PD/%!C-"/!S/C%/7 L/O for
communications with his country
'unctions
#: %epresent sending State
&: Protect in receiving State the interests of
the sending State and its nationals4 within
the limits of international law
$: Negotiating with the government of
receiving State
,: Ascertaining by all lawful means the
conditions and development in the receiving
State
.: Promote friendly relations
#30
3: "eveloping their economic4 cultural and
scientific relations
"iplomatic *mmunities and Privileges
e(cept as provided below4 immunities and
privileges are en5oyed by the /N>-O and
the +/+/%S of the "*PL-+A7*C
%/7*N6/
#: Personal *nviolability
Not liable for any form of arrest or
detention
7reat him with due respect and ta;e all
steps to prevent any attac; on his person4
freedom or dignity.
%A 1. punishes any person who
assaults4 stri;es4 wounds4 offers violence to
the person of the ambassador or minister
9e(cept when in selfAdefense:
6N C-N>/N7*-N -N 7D/
P%/>/N7*-N AN" P6N*SD+/N7 -'
C%*+/S A=A*NS7 *N7/%NA7*-NALLO
P%-7/C7/" P/%S-NS considers crimes
against diplomatic agents as international
not political in nature.
"iplomatic envoy may be arrested
temporarily in case of urgent danger 9acts of
violence: which ma;es it necessary to put
him under restraint for the purpose of
preventing similar acts) must be released and
sent home in due time.
&: *nviolability of Premises and Archives
Premises occupied and private residence
Agents may not enter w!o consent of the
envoy
/(ception? e(treme cases of necessity
fire) imminent danger
Cannot be entered or searched
=oods4 records4 archives cannot be
detained by local authorities even under
process of law
Service of writs4 summons4 orders or
processes within the premises of the mission
or residence of the envoy is prohibited
/ven if a fugitive ta;es refuge but
must be surrendered upon demand by local
authorities /PC/P7? %ight of asylum
e(ists
N!A when the ambassador himself
re@uest local police assistance
>ienna Convention receiving State has
the special duty to protect diplomatic
premises against invasion4 damage or any
act tending to disrupt the peace and dignity
of the mission.
*mmune from search4 re@uisition4
attachment or e(ecution
#: Premises
&: 'urnishings
$: -ther property thereon
,: +eans of transport of the mission
.: Archives
3: "ocuments
1: Papers
2: Correspondence of the mission
6nless the treaty is recognized by treaty
or local usage envoy should not permit
the premises of his mission or his residence
to be used as a place of asylum for fugitives
from 5ustice.
ut he must4 in the interest of humanity4
afford temporary shelter to persons in
imminent peril of their loves4 such as those
feeling from mob violence.
$: %ight of -fficial Communication
As such4 diplomatic pouch and
diplomatic couriers also en5oy inviolability.
,: *mmunity from Local Eurisdiction
"iplomatic agent cannot be arrested4
prosecuted and punished for any offense he
may commit unless his immunity is waived.
*mmunity from 5urisdiction does not
mean e(emption from local laws) it does not
presuppose a right to violate the laws of the
receiving State.
"iplomatic privilege does not import
immunity from legal liability but only
e(emption from local 5urisdiction.
#1J
*mmunity from civil and administrative
5urisdiction of the receiving State
No civil action of any ;ind may be
brought against him
=%? properties are e(empt from
garnishment4 seizure for debt4 e(ecution4 and
the li;e.
/(ception?
#: %eal action relating to private
immovable property situated in the territory
of the receiving state
/(cept? envoy holds it on behalf of the
sending State for the purpose of the mission.
&: Action relating to succession in which
diplomatic agent is involves as /!A!D!L as a
private person
$: Action relating to any professional or
commercial activity e(ercised by
diplomatic agent in the receiving State
outside his official function
Cannot be compelled to
testify!deposition w!o consent of his
government
*mmunity does not protect a public
official who commits unauthorized acts
unauthorized acts are not acts of StateGhe
may be sued for such unlawful acts in his
P%*>A7/ CAPAC*7O
%A 1.? declares as void any writ or
process issued out or prosecuted by any
person in any court of the Philippines4 or by
any 5udge or 5ustice4 whereby the person of
any Ambassador or Public +inister of any
foreign state4 authorized and received as
such by the President or and "omestic
Servant of any such ambassador or minister
is arrested or imprisoned4 or his goods or
chattels distrained4 seized4 or attached and
penalties are imposed for violations.
N!A?
#: Citizens!inhabitants of the Philippines4
where the process is founded upon a debt
contracted before his employment in the
diplomatic service
&: "omestic servants of the ambassadors or
minister whose names are not registered
with the "'A
Children born to him while he possesses
diplomatic status are regarded as born in the
territory of his home State.
.: /(emption from 7a(es and Customs
"uties
>ienna Convention
/(ceptions?
#: Indirect ta7es normally incorporated in
the price of goods!services
&: "ues and ta(es on private immo#ab$e
propert) situated in the territory of the
receiving State4 unless he holds it on behalf
of the sending State for purposes of the
mission.
$: Estate1 s%ccession or in&eritance ta7es
on investments in commercial ventures in
the receiving State
,: "ues and ta(es on pri#ate income
having its source in the receiving State and
capital ta(es on investments in commercial
ventures in the receiving State
.: Charges levied for speciic ser#ices
rendered
3: Registration1 co%rt or record ees1
mortgage d%es and stamp d%t)4 with
respect to immovable property.
/(emption from all customs duties and
ta(es of articles for the official use of the
mission and those for the personal use of the
envoy or members of the family forming
part of his household.
aggage and effects are entitled to free
entry and normally e(empt from inspection
Articles addressed to ambassadors4
ministers4 charge dKaffaires are also e(empt
from customs inspection.
3: 'reedom of movement and travel in the
territory of the receiving State
1: /(emption from all personal services
and military obligations
2: 6se of flag and emblem of the sending
State on the diplomatic premises and the
#1#
residence and means of transport of the head
of mission
"uration of *mmunities!Privileges
'rom the moment he enters the territory
of the receiving State
Cease only the moment he leaves or on
e(piry of a reasonable time in which to do
so
w! regard to official acts immunity
shall continue indefinitely
privileges are available even in transitu
when traveling through a 7hird State on
the way to or from the receiving State
8aiver of *mmunities
=%? waiver cannot be made by the
individual concerned since such are not
personal to him.
8aiver by the government of the
sending State if it concerns the immunities
of the head of mission
-ther cases4 by the government or chief
of the mission
8aiver does not include waiver of
immunity with respect to e(ecution of
5udgment separate waiver necessary
7ermination of "iplomatic +ission
#: "eath
&: %esignation
$: %emoval
,: Abolition of office
.: %ecall by the sending state
3: "ismissal by receiving state
1: 8ar between sending and receiving
2: /(tinction of state
Consular %elations
A Consuls? State agents residing abroad for
various purposes4 mainly in the interest of
commerce and navigation.
A Linds
#: Consules missi professional and career
consuls) nationals of appointing state
&: Consules electi selected by appointing
state from its own citizens or among
national abroad
A %an;s
#: Consular =eneral heads several
consular districts4 or one e(ceptionally large
consular district
&: Consul ta;es charge of a small
district!town!port
$: >ice Consul assist the consul
,: Consular Agent entrusted with the
performance of certain functions by the
consul
A Appointment? & important documents
necessary before the assumption of consular
functions?
#: Letters patent 9letter de provision:
letter of appointment or commission which
is transmitted by the sending state to the
Secretary of 'oreign Affairs of the country
where the consul is to serve
&: /(e@uatur authorization given to the
consul by the sovereign state4 allowing him
to e(ercise his functions
A 'unctions
#: Commerce and navigation
&: *ssuance of visa
$: Such as are designed to protect the
nationals of the appointing state
A *mmunities and Privileges
#03$ >ienna Convention on Consular
%elations
#: 'reedom of communication in ciphers or
otherwise
&: *nviolability of archives N-7 of
premises
$: /(empt from local 5urisdiction for
offenses committed in the discharge of
official functions not of other offenses4
/PC/P7 minor infractions
,: /(empt from testifying on official
communication or on matters pertaining to
consular functions
.: /(empt from ta(es4 customs duties4
military or 5ury service
#1&
3: "isplay national flag and emblem in the
consulate
Available to members of consular post4
families and private staff
+ay be waived by appointing state
A 7ermination of Consular +ission
#: 6sual modes of terminating official
relationship
&: 8ithdrawal of the e(e@uatur
$: /(tinction of state
,: 8ar
Severance of consular relations does not
necessarily terminate diplomatic relations.
*I. TREATIES
7reaty
A *nternational agreement concluded
between States in written form and governed
by international law4 whether embodied in a
single instrument of in & or more
instruments and whatever its particular
designation.
A Agreement between States including
international organizations of States
intended to create legal rights and
obligations of the parties.
A /(ecutive agreement4 under municipal
law4 is not a treaty. ut from the standpoint
of international law4 e@ually binding as
treaties.
A <atar vs. ahrain? +inutes to a +eeting
and e(change of letters constitute an
international agreement creating rights and
obligations for the parties.
'orm
A Article &4 #030 >ienna Convention on
the Law of 7reaties4 treaties should be in
writing.
A Article $4 fact that treaty is unwritten
shall not affect its legal force.
A ut that convention rules on matters
governed by international law independently
of convention shall apply and that
convention rules shall apply to the relations
of the States among themselves.
A #030 Convention on the Law of 7reaties
treaties e(ecuted between states
A #023 >ienna Convention in 7reaties for
*nternational -rganizations treaties
e(ecuted between States and *nternational
-rganizations
%e@uisites for >alidity
#: 7reatyAma;ing capacity
Possessed by every state as attribute of
sovereignty
*nternational organization4 deemed to
possess such4 may be limited by the purpose
and constitution of such organization.
&: Competence of the representative!organ
concluding the treaty
=enerally4 e(ercised by Dead of State.
*n the Philippines4 President w!
concurrence by &!$ of all members of the
Senate
$: Parties must freely given consent
"octrine of 6ne@ual 7reaties imposed
through coercion or duress by a State of
une@ual character is void.
,: -b5ect and sub5ect matter must be lawful
8ithin the commerce of nations and in
conformity with international law.
"octrine of 5us cogens customary
international law has the status of
peremptory norm of international law4
accepted and recognized by the international
community of states as a rule from which no
derogation is permitted.
A treaty which contravenes such
norms!rules may be invalidated.
-fficial torture of prisoners is violation
of principle of 5us cogens 9Duman %ights
Cases vs. +arcos:
.: %atification in accordance with
constitutional processes of the parties
concerned
Concurrence in by at least &!$ of all the
members of the Senate.
7reaties and /(ecutive Agreements
#1$
Treaties E7ec%ti#e
Agreements
asic political issues
Changes in national
policy
Ad5ustment of detail
carrying out wellA
established national
policies
Permanent
international
arrangements
7emporary
arrangements
8hen there is a dispute as to whether or
not an international agreement is purely an
e(ecutive agreement4 the matter is referred
to the Secretary of 'oreign Affairs who will
then see; the comments of the S/NA7/
%/P%/S/N7A7*>/ and the L/=AL
A">*S/% of the "'A and after consultation
with the Senate leadership4 the Secretary
shall then ma;e the appropriate
recommendations to the President.
7reatyAma;ing Process
#: Negotiations
Pleine pouvoirs
/ven w!o such4 it has been the general
practice to consider the following as
representatives of the State for treaty
negotiations?
#: Dead of State
&: Dead of =overnment
$: 'oreign +inister
,: Dead of diplomatic missions
.: %epresentative accredited by the State to
an international conference or to an
international organization
&: Signing of the 7reaty
Principle of alternat order of the
naming of the parties and of the signatures
of the plenitpotentiaries is varied so that
each party is named and its plenipotentiary
signs first in the copy of the instrument to be
;ept by it.
$: %atification
Provisions of a treaty are formally
confirmed and approved by a State and by
which the State e(presses its willingness to
be bound by the treaty
Philippines power to ratify is with the
President4 sub5ect to concurrence by &!$ of
all the members of the Senate
Accession or Adhesion nonAsignatory
State becomes a party to the treaty) by
invitation or permission of the contracting
parties4 a $
rd
party who did not participate or
who did not ratify on time4 may be bound by
a treaty.
%eservation? unilateral statement made
by a State when signing4 ratifying4
accepting4 approving or acceding to a treaty4
whereby it purports to e(clude or modify the
legal effect of certain provisions of the
treaty in their application to the State.
%emains to be a party to the treaty as
long as reservation is compatible with the
ob5ect and purpose of the treaty.
,: /ntry into 'orce
*n such manner and on such date as it
may provide4 or as the negotiating parties
may agree.
Absence of such provision4 as soon as
consent of all the parties to be bound by the
treaty is established.
Consent deemed established?
#: /(change of instruments of ratification
&: "eposit of such instrument with a named
depositary4 coupled with the notification to
the contracting State of such deposit.
%egistration with and publication by the
6N failure does not affect the validity of
the treaty) only that the unregistered
instrument cannot be invo;ed by any party
before any organ of the 6nited Nations.
8hen nonAsignatories may be bound by a
treaty
=%? treaties cannot impose obligations
upon States not parties to them. 9Pacta tertiis
nocent nec prosunt:
/(ception
#: Process of Accession or Adhesion
#1,
&: +ost favored Nation Clause
contracting State entitled to the clause may
claim the benefits e(tended by the latter to
another State in a separate agreement.
$: 'ormal e(pression of customary
international law
,: 7reaty e(pressly e(tends benefits to nonA
signatory States
'undamental principles
#: Pacta sunt servanda
7reaties must be observed in good faith.
*f necessary4 State must modify its
national legislation to ma;e them conform to
the treaty4 to avoid international
embarrassment
Philippines treaty may be invalidated
if contrary to Constitution
7anada vs. Angara? 7reaties do not limit
or restrict sovereignty of a State) by their
voluntary act4 States may surrender some
aspects of their power in e(change for
greater benefits granted by or derived from a
convention or pact.
&: %ebus sic stantibus
Contracting StateKs obligations under a
treaty terminates when a vital or
fundamental change or circumstances
occurs4 thus allowing a State to unilaterally
withdraw from a treaty4 because of
Bdisappearance of the foundation upon
which it rests.C
"octrine does not operate automatically4
there must be a '-%+AL AC7 -'
%/E/C7*-N4 usually by the D/A" -'
S7A7/4 with a statement of the %/AS-NS
why compliance with the treaty is no longer
re@uired.
%e@uisites
#: Change must be so substantial that the
foundation of the treaty must have altogether
disappeared
&: Change must have been unforeseen or
unforeseeable at the time of the perfection of
the treaty
$: Change must not have been caused by
the party invo;ing the doctrine
,: "octrine must be invo;ed within a
reasonable time
.: "uration of the treaty must be indefinite
3: "octrine cannot operate retroactively
*nterpretation of 7reaties
A *nterpreted in good faith
A -rdinary meaning given to the terms
A *n the light of its ob5ects and purposes
A Consider?
#: Preamble
&: 7e(t
$: Anne(es
,: Agreements relating to the treaty
.: Subse@uent agreements
Amendment!+odifications
Consent of all the parties is re@uired
*f allowed by the treaty itself4 & States
may modify a provision only insofar as they
are concerned.
7ermination of 7reaties
#: /PP*%A7*-N of the term or
8*7D"%A8AL of a party
&: /P7*NC7*-N of one of the parties
9bipartite treaties:
8hen the rights and obligations under
the treaty would not devolve upon the State
that may succeed the e(tinct State
$: +676AL A=%//+/N7 of ALL the
parties
,: "/N6NC*A7*-N or "/S*S7ANC/
7he right to give notice of termination or
withdrawal right of denunciation
.: S6P/%>/N*N= *+P-SS**L*7O of
performance
3: C-NCL6S*-N of S6S/<6/N7
*NC-NS*S7/N7 7%/A7O
1: L-SS of the sub5ect matter
2: +A7/%*AL %/ACD or violation
0: %/6S S*C S7AN7*6S
#J: -utbrea; of 8A%4 unless the treaty
precisely relates to the conduct of war
#1.
##: S/>/%ANC/ of diplomatic relations
#&: "octrine of E6S C-=/NS or emergence
of N/8 P/%/+P7-%O N-%+ of general
international law which renders void any
e(isting treaty conflicting with such norm.
*II. NATIONALIT6 AN,
STATELESSNESS
Nationality membership in a political
community with rights and duties
A "etermination of a personKs nationality
#0$J Dague Convention on Conflict of
Nationality Laws
#: 'or each state to determine under its
own law who are its nationals
&: <uestion as to whether a person
possesses the nationality of a particular State
shall be determined in accordance with the
law of that State.
A +ode of Ac@uisition of Nationality
#: irth
Eus sanguinis 9by blood:
Eus soli 9by place of birth:
&: Naturalization
Accomplished through?
#: +arriage
&: Legitimation
$: /lection
,: Ac@uisition of domicile
.: Appointment to government office
3: =rant on application
*n the Philippines
#: Eudicial process
&: Legislative process
$: /lection
,: +arriage
No obligation on the part of the State of
his nationality to recognize a personKs newly
ac@uired nationality.
$: %epatriation recovery of nationality by
individuals who were naturalAborn citizens
of a State but who had lost their nationality.
,: Sub5ugation
.: Cession
Loss of Nationality
#: %elease
&: "eprivation
$: %enunciation
,: Substitution
+ultiple Nationality
Possessed of mope than one nationality
because of the concurrent application to him
of the municipal laws of & or more states
claiming as their national.
Arise by?
#: Concurrent application to him of the
principles of 5us sanguinis and 5us soli
&: naturalization w!o renunciation of the
original nationality
$: legitimation
,: legislative action
Policy in the PhilippinesA dual allegiance
is inimical to national interest and shall be
dealt with by law.
%esolution of conflicts in +ultiple
Nationality Cases
#0$J Dague Convention on the Conflict
of Nationality Law
#: A person having & or more nationalities
regarded as national by each of the States)
AN" a state may not give diplomatic
protection to one of its nationals against a
State whose nationality that person
possesses.
&: *f a person has more than one
nationality4 he shall within a $
rd
state4 be
treated as if he had only one) the third State
shall recognize e(clusively either the
nationality of the State in which he is
habitually and principally resident or the
nationality of the State with which he
appears in fact to be most closely connected
BPrinciple of /ffective NationalityC
$: *f a person4 without any voluntary act of
his won4 possesses double nationality4 he
may renounce one of them with the
permission of the State whose nationality he
wishes to surrender and4 sub5ect to the laws
#13
of the State concerned4 such permission
shall not be refused if that person has his
habitual residence abroad.
Statelessness
A Status of having no nationality4 as a
conse@uence of being -%N 8*7D-67 A
NA7*-NAL*7O or as a result of
"/P%*>A7*-N or L-SS -'
NA7*-NAL*7O.
A #0., Convention %elating to the Status
of Stateless Persons contracting states
agreed to grant to stateless persons within
their territories treatment at least as
favorable as that accorded to their nationals
with respect to?
#. freedom to practice their religion and
freedom as regards the religious education
of their children
&. access to courts
$. rationing of products in short supply
,. elementary education
.. public relief and assistance
3. labor legislation and social security
A Contracting states also agreed to grant to
stateless persons within their territories as
favorable as possible4 in any event4 not less
favorable than that accorded to aliens?
#. ac@uisition of movable and immovable
property
&. right of association in nonApolitical and
nonAprofitAma;ing associations and trade
unions
$. gainful employment and practice of
liberal profession
,. housing and public education other than
elementary
.. freedom of movement
>***. 7%/A7+/N7 -' AL*/NS
=eneral %ule? 'lowing from its right of
e(istence and as an attribute of sovereignty4
no State is under obligation to admit aliens.
Power to regulate the entry and stay of
aliens4 and the State has the right to e(pel
aliens from its territory through
"/P-%7A7*-N or %/C-N"6C7*-N.
"/P-%7A7*-N or /PP6LS*-N
+enace to the security of the State
/ntry was illegal
Permission to stay has e(pired
>iolated any limitation or condition
prescribed for his admission and continued
stay.
%/C-N"6C7*-N
'orcible conveying of aliens bac; to
their home States
"estitute aliens
>agabonds
Aliens without documents
Alien criminals
Dome state of such aliens has the
obligation to receive them
Alien must accept the institutions of the
State. De may be deprived of certain rights.
Local laws may grant him certain rights
and privileges based on?
#. reciprocity
&. mostAfavoredAnation treatment
$. national treatment 9e@uality between
nationals and aliens in certain matters:
privileges may be revo;ed4 sub5ect to
treaty stipulations.
"octrine of State %esponsibility
a State is under obligation to ma;e
reparations to another State for the failure to
fulfill its primary obligation to afford4 in
accordance with international law4 the
proper protection due to the alien national of
the latter State.
7he State may be held liable for in5uries
and damages sustained by the alien if?
#. Act or omission constitutes an
international delin@uency
*nternational Standard of Eustice
standard of reasonable state and notions
accepted in modern civilization.
#. laws of the State fall below the
international standard4 it is no defense that
#11
such laws are applicable not only to aliens
but to nationals doctrine of e@uality of
treatment not applicable
&. independence of the courts of the State
and unless the misconduct is e(tremely
gross4 the law does not lightly hold a State
responsible for any error committed by the
Courts
&. Act or omission is directly or indirectly
imputable to the State
/ven when the laws of the State conform
to *nternational standard4 if it does not ma;e
reasonable efforts to prevent in5ury to alien
or having done so unsuccessfully4 fails to
repair such in5ury.
7he act or omission that may give rise to
liability may either be?
#. acts of government officials
primary agents
give rise to direct state responsibility
acts of high administrative officials
officer acts beyond the scope of his
authority4 his act is li;ened to an act of a
private individual.
Acts of a minor or subordinate official to
give rise to liability4 there must be a denial
of 5ustice or something which indicates
complicity of the State in4 or condonation of4
the original wrongful act4 such as an
omission to ta;e disciplinary action against
the wrongdoer.
&. acts of private individuals
'or State to be liable4 there must be
actual or tacit complicity of the government
in the act4 before of after it4 either by
directly ratifying or approving it4 or in the
patent or manifest negligence in ta;ing
measures to prevent in5ury4 investigate the
case4 punish the guilty or to enable the
victim to pursue his civil remedies against
the offender.
7he claimant has the burden of proving.
$. *n5ury to the claimant State indirectly
because of damage to its national
/nforcement of AlienKs Claim
#. /(haustion of Local %emedies
ecause the State must be given an
opportunity to do 5ustice in its own regular
way and without unwarranted interference
with its sovereignty by other states.
N!A if?
#. no remedies to e(haust4 e.g. laws are
intrinsically defective
&. courts are corrupt
$. no ade@uate machinery
,. international delin@uency results from an
act of state
Calvo Case? alien waives or restricts his
right to appeal to his own state in connection
with any claim arising from the contract and
agrees to limit himself to the remedies
available under the laws of the local state.
"oes not mean that the alienKs state is
deprived of the right to protect or vindicate
its interest in case they are in5ured in another
state4 as such waiver can be legally made by
the state4 not the alien.
&. %esort to "iplomatic Protection
After e(haustion of local remedies4 alien
must avail himself of the assistance of his
state.
7ie of nationality time of in5ury until
time international claim is finally settled.
6N may file diplomatic claim on behalf
of its officials.
/uropean Commission on D% and also
contracting states other than the state of the
in5ured individual may bring alleged
infractions of the /uropean Convention on
D% before the /uropean Court of D%.
$. +odes of /nforcement of Claims
Negotiations or other modes of settling
dispute.
8hen responsibility is established?
#. %eparation
&. Satisfaction
$. Compensation
,. all three
/(tradition
#12
A surrender of a person by one state to
another state where he is wanted for
prosecution or punishment 9if already
convicted:
asis
treaty
local state may grant asylum4 or
if there is surrender4 the same is merely a
gesture of comity
"eportation
e(pulsion of an alien who is considered
undesirable by local state4 usually but
necessarily to his own state
unilateral act of the local state and is
made in its own interests
/(tradition
surrender of a fugitive by one state to
another where he is wanted for prosecution
or punishment.
Surrender is made at the re@uest of the
latter state on the basis of a treaty.
'undamental Principles?
#. ased on C-NS/N7 treaty or
goodwill
&. P%*NC*PL/ -' SP/C*AL7O fugitive
who is e(tradited may be tried only for the
crime specified in the re@uest for e(tradition
and included in the list of offenses in the
e(tradition treaty.
State of refuge has the right to ob5ect to
a violation
BNonAlistC types of e(tradition treaties
offenses punishable under the laws of both
states by imprisonment on # year or more
are included among e(traditable offenses.
$. ANO P/%S-N may be e(tradited
,. P-L*7*CAL AN" %/L*=*-6S
-''/N"/%S are generally not sub5ect to
e(tradition
.. -ffense must have been C-++*77/"
8*7D*N the territory or A=A*NS7 7D/
*N7/%/S7S of the demanding state
3. %6L/ -' "-6L/ C%*+*NAL*7O.
Act for which e(tradition is sought must be
punishable in both the re@uesting and
re@uested states.
Procedure for /(tradition
#. %/<6/S7 through diplomatic channels4
accompanied by necessary papers
*dentity of wanted person
Crime alleged to have been
committed!convicted
&. E6"*C*AL *N>/S7*=A7*-N4 after
receipt of the re@uest4 state of refuge shall
investigate to ascertain if the crime is
covered by the e(tradition treaty and if there
prima facie case against the fugitive
according to its own laws.
*f there is4 8A%%AN7 *'
S6%%/N"/% and fugitive delivered to the
state of refuge.
Sui generic and not criminal proceedings
no automatic application of the ill of
%ights
"o not involve the @uestion of guilt or
innocence of the person to be e(tradited
Savar;ar Case? Abduction of the fugitive
in the state of refuge is not allowed
violation of the territorial integrity of the
state of refuge) 67 if effected with the
help of the nationals of the state of refuge
itself4 then the state of refuge cannot later
demand the return of the fugitive.
%PKs /(tradition 7reaties
BnonAlistC types of double criminality
approach 9no traditional listing of crimes:?
#. Australia
&. Canada
$. *ndonesia
,. +icronesia
.. Switzerland
Letters %ogatory
A 'ormal communication from a court in
which an action is pending4 to a foreign
court4 re@uesting that the testimony of a
#10
witness residing in such foreign 5urisdiction
be ta;en under the direction of the court4
addressed and transmitted to the court
ma;ing the re@uest.
A Power to issue letters rogatory is
inherent in courts of 5ustice
Asylum
A Power of the state to allow an alien who
has sought refuge from prosecution or
persecution to remain within the territory
and under its protection
A Never been recognized as a principle of
international law.
Principles on Asylum
7erritorial Asylum
/(ists when stipulated in a treaty or
5ustified by established usage.
+ay depend on the liberal attitude of the
receiving state4 Bterritorial supremacyC
"iplomatic Asylum
/(ists when stipulated in a treaty or
5ustified by established usage.
8ithin Bnarrowest limitsC or when the
life or liberty of the person is threatened by
imminent violence.
%ule in the Philippines
=enerally4 diplomatic asylum cannot be
granted e(cept to members of the official or
personal household of diplomatic
representatives
-n humanitarian grounds may be
granted to fugitives4 whose lives are in
imminent danger from mob violence but
only during the period when active danger
persists.
%efugees
A Any person who is outside the country
of his nationality4 or if he has no nationality4
the country of his former habitual residence4
because he has or had wellAfounded fear of
prosecution by reason of his race4 religion4
nationality or political opinion and is unable
or4 because of fear4 is unwilling to avail
himself of the protection of the government
of the country of his nationality4 or if he has
no nationality4 to return to the country of his
former habitual residence.
A /ssential /lements?
#. outside the country of his nationality or
if stateless4 outside the country of his
habitual residence
&. lac;s national protection
$. fears persecution
A treated as a stateless individual de 5ure
or de facto
A %efugee Convention of #0.#? does not
deal with admission but with nonA
reo%$ment 9no contracting state shall e(pel
or return a refugee in any manner
whatsoever4 to the frontiers of territories
where his life or freedom is threatened. 7he
state is under obligation to grant him
temporary asylum:
*P. S/77L/+/N7 -' "*SP67/S
*nternational "isputes
Actual disagreement between States
regarding the conduct to be ta;en by one of
them for the protection or vindication of the
interests of the other.
Situation initial stage of dispute
Pacific or Amicable +odes
Article $ of the 6N Chapter
Parties to any dispute4 the continuance of
which is li;ely to endanger the maintenance
of international peace and security shall see;
a solution by?
#. Negotiation
States settle their differences through an
e(change of views between diplomatic
agencies.
&. /n@uiry
Ascertainment of pertinent facts and
issues
$. 7ender of =ood -ffices
#2J
8here a third party4 either alone or in
collaboration with others4 offers to help in
the settlement of a dispute.
8hen the offer is accepted Be(ercise
of good officesC
,. +ediation
7hird party offers to help with a
solution4 usually based on compromise.
*t offers a solution while good offices
brings the parties together.
.. Conciliation
Active participation of a third party4
solicited by the disputants4 in an effort to
settle the conflict.
ConciliatorKs recommendations are not
binding.
3. Arbitration
Solution of a dispute by an impartial
third party usually a tribunal created by the
parties under a charter ;nown as a
compromis.
1. Eudicial Settlement
Similar to arbitration?
#. nature of the proceedings
&. binding character of the award
"ifferences?
Eudicial Settlement Arbitration
Eudicial body is preA
e(isting
Arbitrary body is ad
hoc
Eurisdiction is usually
compulsory
Law applied is
independent of the
will of the parties
Eudicial settlement of
international dispute
is now lodges in the
*nternational Court of
Eustice
-ptional Eurisdiction Clause
*CEKs 5urisdiction is based on consent of
the parties.
67 Article $3 of the Statute of the
*nternational Court of Eustice provides that
states!parties to the Statute recognize the
5urisdiction of the Court over disputes
concerning?
#. interpretation of a treaty
&. any 3%estion of international law
$. e7istence o an) act which would
constitute a breac& of international
obligations
,. nat%re or e7tent o t&e reparation to
be made for such breach
2. %esort to %egional Agencies or
Arrangements
Parties may of their own volition or at
the instance of the organization itself4
assume the obligation of settling the dispute.
Dostile +ethods
A Pacific methods have failed.
A *ncludes?
#. Severance of "iplomatic %elations
&. %etorsion unfriendly but lawful4
coercive acts done in retaliation for unfair
treatment and acts of discrimination of
another state. 9e.g. levy of high
discriminatory tariffs on goods:
$. %eprisal unfriendly and unlawful acts
in retaliation for reciprocal unlawful acts of
another state?
a. 'reezing of the assets of the nationals of
the other state
b. /mbargo forcible detention or
se@uestration of vessels and other property
of the offending state.
c. Pacific bloc;ade prevention of
entry!e(it from the ports of the offending
state of means of communication or
transportation n9could be violative of 6N
Charter:
d. NonAintercourse suspension of all
intercourse with the offending state4 in
matters of trade and commerce
e. oycott concerted suspension of
commercial relations with the offending
#2#
state4 particularly4 the refusal to purchase
goods.
,. *ntervention
.. other Peaceful +eans
%ole of the 6nited Nations
A +ethods of settling disputes do not
succeed4 6N may be as;ed or may decide on
its own authority to ta;e a hand in the
settlement
A Security Council or the =eneral
Assembly
Security Council
A *ntervene in all disputes affecting
international peace and security and in all
disputes which although coming under the
domestic 5urisdiction clause4 have been
submitted to it by the parties for settlement.
a. Security Council will recommend
appropriate measures) consider amicable
measures or refer matter to *CE)
b. *f unsuccessful4 Security Council may
recommend such terms of settlement as it
may deem appropriate) and
c. *f the terms of settlement are re5ected4
Security Council may ta;e?
Preventive Action
Not involving use of armed force
/.g. comp$ete or partia$ interr%ption
o economic re$ations4 and of rail4 sea4 air4
postal4 telegraphic4 radio or other means of
comm%nications and se#erance o
dip$omatic re$ations.
/nforcement Action
y air4 sea or land forces as may be
necessary to maintain or restore
international peace and security including
demonstrations4 bloc;ades and other
operations by air4 sea or land forces of
members of the 6N.
+ember state is obliged to render
assistance in carrying out the measures
decided upon by the Security Council.
=eneral Assembly
A *f the Security Council because of lac;
of unanimity fails to e(ercise its primary
responsibility to maintain peace and
security4 the =eneral Assembly shall
consider ma;ing recommendations
including the use of armed forces when
necessary.
5. .AR AN, NEUTRALIT6
8ar
Contention between & states4 through
their armed forces4 for the purpose of
overpowering the other and imposing such
conditions of peace as the victor pleases.
"oes not mean the mere employment of
force.
*f a nation declares war4 war e(ists
though no force has yet been used.
-utlawry of 8ar
Condemnation of war on an international
scale
Covenant of the League of Nations?
conditions for the right to go to war
LelloggAriand Pact of #0&2 or =eneral
7reaty for %enunciation of 8ar? forbade war
as an instrument of national policy
Charter of the 6nited Nations? prohibits
the threat or use of force against the
territorial integrity or political independence
of a state.
Commencement of 8ar
a. ,ec$aration of war
b. Re8ection of an %$timat%m
c. Commission o an act o orce regarded
by one of the belligerents as an act of war
/ffects of -utbrea; of 8ar
9#: Laws of peace cease to regulate the
relations between the belligerents and are
superseded by laws of war)
7hird states are governed by laws of
neutrality in their relations with the
belligerents)
#2&
9&: "iplomatic and consular relations are
terminated)
%epresentatives are allowed to return to
their countries)
9$: 7reaties of political nature are
automatically cancelled4 e(cept those
intended to operate during the war)
+ultipartite treaties dealing with
technical or administrative matters are
merely suspended as between
belligerents.
9,: *ndividuals are impressed with enemy
character?
a. Nationality test nationals of the other
belligerent4 wherever they may be
b. "omicillary test domiciled aliens in
the territory of the other belligerent on the
assumption that they contribute to its
economic resources
c. Activities test if being foreigners4 they
participate in the hostilities in favor of the
other belligerent
9.: Corporations and other 5uridical persons
are considered enemies?
a. where the controlling stoc;holders are
nationals of the other belligerent -%
b. if incorporated in the territory or under
the laws of the other belligerent and may not
be allowed to continue operations.
93: /nemy public property found in the
territory of the other belligerent at the
outbrea; of the war is sub5ect to
confiscation)
Private property is sub5ect to re@uisition.
State may4 in time of war4 authorize and
provide for seizure and se@uestration4
through e(ecutive channels4 of properties
believed to be enemyAowned4 if ade@uate
provision is made for their return in case of
mista;e.
Participants in 8ar
#. Combatants those who engage directly
in the hostilities
&. NonAcombatants those who do not
Combatants may be?
#. NonAprivileged? li;e spies4 who under
false pretenses try to obtain vital information
from the enemy ran;s and who4 then caught4
are not considered prisoners of war.
&. Privileged ? who4 when captured4 en5oy
the privileges of prisoners of war?
a. %egular armed forces
b. Ancillary services
c. Accompany the armed forces
d. Levees en masse4 inhabitants of
unoccupied territory who4 on approach of
the enemy4 spontaneously ta;e up arms to
resist the invading troops without having
had time to organize themselves4 provided
they carry arms openly and observe the laws
and customs of war)
e. 'ranc tireursm4 or guerillas4 provided
they are commanded by a person responsible
for his subordinates4 wear a fi(ed distinct
emblem recognizable at a distance4 carry
their arms openly4 and conduct their
operations according to the laws and
customs of war) and
f. -fficers and crew of merchant vessels
who forcibly resist attac;.
%ights of Prisoners of 8ar
#0,0 =eneva Convention
7reated humanely
Not sub5ect to torture
Allowed to communicate with their
families
%eceive food4 clothing. %eligious
articles4 etc.
Spies
*ndividual is deemed a spy only if4
a. Acting clandestinely or under false
pretenses
b. De obtains or see;s to obtain
information in the zone of operations of a
belligerent
c. 8ith the intention of communicating it
to the hostile party.
#2$
8hen captured4 may be proceeded
against under the municipal law of the
belligerent.
Although under the Dague Convention4
may not be e(ecuted without a trial.
ut if captured after he has succeeded in
re5oining his army4 must be treated as a
prisoner of war.
Scouts or soldiers in uniform who
penetrate the zone of operations of the
hostile army to obtain information are N-7
spies.
+ercenaries
Protocol * to the #0,0 =eneva
Convention
+ercenaries shall not have the rights of
combatants or of prisoners of war.
7o be considered a mercenary
a. 7he person must be a specially recruited
to fight for a particular armed conflict
b. +ust ta;e direct part in the hostilities
c. +otivated essentially by the desire for
personal gain and is provided material
compensation substantially in e(cess of that
promised or paid to combatants of similar
ran;s and functions in the armed forces of
that party.
Conduct of Dostilities.
7hree asic Principles
Principle of +ilitary Necessity
7he belligerent may employ any amount of
force to compel the complete submission of
the enemy with the least possible loss of
lives4 time and money.
Principle of Dumanity
Prohibits the use of any measure that is not
absolutely necessary for the purposes of the
war.
Dumanitarian Convention in Armed Conflict
7he right of the parties to adopt means of
in5uring the enemy is not unlimited
Parties are prohibited to launch attac;s
against the civilian population as such
"istinction must be made at all times
between persons ta;ing part in the hostilities
and members of the civilian population4 to
spare the latter as much as possible.
/nforcement action underta;en by 6N is not
war in the traditional sense4 as it is
employed only to maintain international
peace and security4 humanitarian rules of
warfare should still govern.
Principle of Chivalry
Prohibits the belligerents from the
employment of perfidious or treacherous
methods.
elligerent -ccupation
7emporary military occupation of the
enemyKs territory during the war.
+aintains effective control and military
superiority and being able to send sufficient
forces to assert its authority within a
reasonable time.
/ffects
No change in sovereignty4 but e(ercise of
the powers of sovereignty is suspended.
Political laws4 e(cept the laws on treason4
are suspended.
+unicipal laws remain in force.
%ights and "uties of elligerent
-ccupant
#. %eAestablish or continue the processes of
orderly administration4 including enactment
of laws.
&. Adopt measures for the protection of the
inhabitants
$. %e@uisition 9se@uester: goods with
proper cash or future payment and services
in nonAmilitary pro5ects 9Conscription is
prohibited:
,. "emand ta(es and contributions to
finance military and local administrative
needs
'oraging? the actual ta;ing of provisions
for men and animals by the occupation
#2,
troops where lac; of time ma;es it
inconvenient to obtain supplies by usual or
ordinary methods.
Compensation must be paid at the end of
the war.
.. *ssue legal currency
3. 6se enemy property4 public or private4
but private property is sub5ect to
indemnification or return at the end of the
war.
%ight of Angary
%ight of belligerent state4 in cases of
e(treme necessity4 to destroy or use neutral
property on its own or on enemy territory or
on the high seas
NonADostile *ntercourse
'lag of 7ruce
8hite in color desire to communicate
with the enemy
Agent 9parlementaire: en5oys
inviolability and is entrusted with the duty
of negotiating with the enemy.
Cartels
Agreements to regulate intercourse
during the war
6sually on the e(change of prisoners of
war
Passport
8ritten permission given by the
belligerent government
7o the sub5ects of the enemy
7o travel generally in the belligerent
state
SageAconduct
Permission given to an enemy sub5ect or
to an enemy vessel
Allowing passage between defined
points
Safeguard
Protection granted by a commanding
officer to enemy persons or property within
his command
6sually with an escort or convoy of
soldiers providing the needed protection.
Licenses to 7rade
Permission given by competent authority
to individuals to carry on trade though there
is state of war.
Suspension of Dostilities
Suspension of Arms
7emporary cessation of hostilities
y agreement of the local commanders
'or the purposes of gathering of the
wounded and burial of the dead
Armistice
Suspension of hostilities within a certain
area or in the entire region of the war
Agreed upon by the belligerents
6sually for the purpose of arranging the
terms of the peace
CeaseA'ire
6nconditional stoppage of hostilities
6sually ordered by an international body
7ruce
Conditional ceaseAfire for political
purposes
Capitulation
Surrender of military forces4 places or
districts in accordance with rules of military
honor.
7ermination of 8ar
#. Simple Cessation of Dostilities
Principle of uti possidetis with respect to
property and territory possessed by the
belligerents is applied.
&. Conclusion of a negotiated treaty of
peace
#2.
$. "efeat of one of the belligerents
'ollowed by a dictated territory of peace
or anne(ation of con@uered territory.
Postliminium
%evival or reversion to the old laws and
sovereignty of territory which has been
under belligerent occupation once control of
the belligerent occupant is lost over the
territory affected.
"istinguished from 6ti Possidetis
6ti Possidetis alloaws retention of
property or territory in the belligerentKs
actual possession at the time of the cessation
of hostilities.
8ar Crimes
A Acts for which soldiers or other
individuals may be punished by the enemy
on capture of the offender.
A 8ar Criminal? any person civilian or
member of the armed forces of the State4
who commits an act that violates a rule of
international law governing armed conflicts
Neutrality and Neutralization
Neutrality
NonAparticipation in a war between
contending belligerents
/(ists only during war
=overned by the law of nations
Naturalization
%esult of a treaty wherein conditions of the
status are agreed upon by the neutralized
state and other signatories
/(ists both in times of war and of peace
=overned by the agreement entered into by
and between the parties
A permanently neutral or neutralized
state is one whose independence or integrity
is guaranteed by other states4 under the
condition that such state binds itself never to
participate in an armed conflict or military
operation e(cept for individual selfAdefense.
*n Cold 8ar4 the states which sided with
neither the democracies nor the communists
were referred to as neutralist or nonAalligned
states.
NonAbelligerency did not ta;e part in
military operations but which did not
observe the duties of a neutral.
o +idAway between a neutral and a
belligerent
o Not recognized in international law
Neutrality under 6N Charter
o ecause of enforcement action that 6N
may underta;e4 absolute neutrality cannot
e(ist among 6N +embers
%ules of Neutrality
Neutrals have the right and duty?
Abstain from ta;ing part in the hostilities
and from giving assistance to either
belligerents by?
Sending of troops
-fficial grant of loans
Carriage of contraband
Contraband goods which4 although neutral
property4 may be seized by a belligerent
because they are useful for war and are
bound for a hostile destination.
i. Absolute useful for war under all
circumstances 9guns!ammunitions:
ii. Conditional have both civilian and
military utility 9food and clothing:
iii. 'ree list e(empt from the law on
contraband for humanitarian reasons
9+edicines:
"octrine of 6ltimate Consumption
goods intended for civilian use which may
ultimately find their way to and be
consumed by belligerent forces may be
seized on the way.
"octrine of *nfection innocent goods
shipped with contraband may also be seized
"octrine of continuous
voyage!continuous transport goods
reloaded at an intermediate port on the same
vessel or reloaded on another vessel or other
#23
forms of transportation may also be seized
"octrine of 6ltimate Consumption
/ngaging in 6nneutral Services acts of
a more hostile character than carriage of
contraband or breach of a bloc;ade4
underta;en by merchant vessels of a neutral
state in aid of any of the belligerents.
7o prevent its territory and other resources
from being used in the conduct of hostilities
7o ac@uiesce to certain restriction and
limitations which the belligerents may find
necessary to impose?
loc;ade hostile operation where vessels
and aircraft of one belligerent prevent all
other vessels 9including neutral states: from
leaving or entering the port or coasts of the
other belligerent) Purpose shut off the
place from international commerce and
communications with other states. 9Pacific
loc;ade? applies only to vessels of
bloc;aded stated4 not to those of others:
7o be valid?
#. bloc;ade must be binding 9duly
communicated to neutral states:
&. effective
$. established by competent authority of
belligerent government
,. limited only to the territory of the enemy
.. impartially applied to all states
SL*A*L*7O -' A N/67%AL >/SS/L
7- CAP76%/ '-% %/ACD -' 7D/
L-CLA"/ *S C-N7*N=/N7 -N
AC76AL -% P%/S6+P7*>/
LN-8L/"=/ -' 7D/ L-CLA"/.
>isit and Search to the authority of the prize
courts
elligerent warships and aircraft have the
right to visit and search neutral merchant
vessels to determine whether they are in any
way connected with the hostilities.
>essels captured for engaging in hostile
activities are considered as prize.
7hey may not be confiscated summarily but
brought before prize court a tribunal
established by a belligerent under its own
laws) in its territory or territory of its allies)
applying international law in the absence of
special municipal legislation.
7ermination of Neutrality
9#: Conclusion of a treaty or peace
between belligerents
9&: Neutral state itself 5oins war
#21

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Nachura Notes Constitutional Law

d. Ad interim made by President while

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