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LABOR LAW REVIEWER

CONSTITUTIONAL
LAW I
POLITICAL LAW 2010
CONSTITUTIONAL
LAW II

PUBLIC
INTERNATIONAL LAW
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LAW
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GOVERNMENT LAW
POLITICAL LAW REVIEWER

CONSTITUTIONAL LAW 1
Table of Contents

Chapter I. The State .................................................3 B. Exploration, Development, and Utilization


I. Territory .......................................................3 47
A. 1987 Const., Art. I ...................................3 C. Stewardship Concept ............................48
B. Treaty of Paris, Art. III .............................3 III. Private Lands .............................................48
C. Archipelagic Doctrine ..............................4 A. General Rule .........................................48
II. People..........................................................4 B. Exceptions.............................................48
A. Definition .................................................4 IV. Monopolies.................................................48
B. Citizenship ..............................................4 V. Central Monetary Authority ........................48
III. Sovereignty..................................................6
A. Kinds .......................................................6 Chapter IV. Current Events and Special Topics ..49
B. Theory of Auto-Limitation ........................6 I. Party-List System.......................................49
C. Dominium v Imperium ........................6 II. Question Hour v. Inquiries In Aid of
D. Jurisdiction ..............................................6 Legislation ...........................................................51
E. Suits Against the State and the Doctrine III. Executive Privilege................................51
of Sovereign Immunity......................................7 IV. Peoples Initiative .......................................52
IV. Government .................................................8 V. Right of Reply ............................................53
A. Definition .................................................8 VI. The (Erstwhile) Province of Shariff
B. Functions ................................................8 Kabunsuan ..........................................................53
C. Doctrine of Parens Patriae ......................8 VII. MOA on Ancestral Domain (MOA-AD) ..54
D. De Jure and De Facto Governments.......9

Chapter II. Structure and Powers of Government


Separation of Powers ............................................10
I. Legislative Department ..............................10
A. Nature and Classification of Legislative
Power .............................................................10
B. Composition, Qualifications and Term of
Office10
C. Election .................................................11
D. Salaries, Privileges and Disqualifications
12
E. Internal Government of Congress .........13
F. Electoral Tribunals ................................14
G. Commission on Appointments ..............15
H. Powers of Congress..............................16
II. Judiciary.....................................................21
A. In General .............................................21
B. Supreme Court......................................23
C. Judicial and Bar Council........................25
III. Executive ...................................................25
A. The President........................................25
B. Vice President.......................................41
IV. Constitutional Commissions.......................42
A. Common Provisions ..............................42
B. Civil Service Commission......................42
C. Commission on Elections......................43
D. Commission on Audit ............................44
V. Constitutionally-Mandated Bodies .............44
A. Sandiganbayan .....................................44
B. Ombudsman .........................................44
C. Commission on Human Rights..............45

Chapter III. National Economy and Patrimony.....46


I. General Principles .....................................46
A. Goals.....................................................46
B. Citizenship Requirements .....................46
C. Filipino First...........................................46
II. Natural Resources .....................................46
A. Regalian Doctrine [Jura Regalia] ..........46
POLITICAL LAW REVIEWER

CONSTITUTIONAL LAW II
Table of Contents

Chapter I. Bill of Rights .................................58 I. Nature and Scope ............................... 74


I. In General ...........................................58 II. ARREST.............................................. 74
II. Bases and Purpose.............................59 A. Requisites for Issuance of a Valid
A. Bases: .............................................59 Arrest Warrant ......................................... 74
III. Accountability ......................................59 B. Requisites of a Valid Warrantless
Arrest (Rule 113, Sec. 5, Rules on Criminal
Chapter II. Fundamental Powers ..................60 Procedure)............................................... 75
of the State......................................................60 III. SEARCH AND SEIZURE.................... 77
I. Police Power .......................................60 IV. Detention/Custodial Investigation ....... 80
A. Definition .........................................60 A. Rights under Custodial Investigation
II. Eminent Domain..................................63 80
A. Definition .........................................63 B. Tests of Waiver of Miranda Rights . 83
B. Who May Exercise..........................63 V. Protocol After Conduct Of Investigation
C. Requisites .......................................64 84
III. Taxation ..............................................65 VI. Other Rights Guaranteed Under Art. III.
A. Definition and Scope.......................65 Sec. 12......................................................... 84
B. Who May Exercise.........................65 VII. Exclusionary Rules ......................... 84
C. Limitations.......................................65 VIII. Right to Bail .................................... 86
D. Double Taxation..............................66
Chapter VI. Rights of the Accused ............... 88
Chapter III. Due Process................................67 II. Rights Post Trial.................................. 91
I. In General ...........................................67 Chapter VII. Writs ........................................... 94
II. Substantive Due Process....................67 I. HABEAS CORPUS ............................. 94
A. Scope..............................................68 II. WRIT OF AMPARO ............................ 96
B. Requisites .......................................68 III. WRIT OF HABEAS DATA................... 96
C. Doctrines.........................................68
III. Procedural Due Process .....................69 Chapter VIII. Privacy of Communication and
A. Scope..............................................69 Correspondence ............................................ 99
B. Kinds ...............................................69 I. Intrusion, When Allowed ..................... 99
IV. Due Process As Limitation On II. Forms of Correspondence Covered ... 99
Fundamental State Powers .........................70 III. ENABLING LAW ................................. 99
A. Vis--vis Police Power ....................70
B. Vis--vis Eminent Domain ..............70 Chapter IX. Freedom of Expression ........... 101
C. Vis--vis Power to Tax....................71 I. Basis, Components, Scope and
Limitations.................................................. 101
Chapter IV. Equal Protection of the Laws....72 II. CONTENT-BASED RESTRICTIONS103
I. Definition and Scope of Protection......72 IV. CONTENT-NEUTRAL RESTRICTIONS
II. Requisites of Valid Classification ........72 106
III. Examples of Valid Classification .........72
Chapter X. Freedom of Religion ................. 109
A. Aliens ..............................................72
I. Non-establishment Clause................ 109
B. Filipino Female Domestics Working
II. Free Exercise Clause........................ 110
Abroad .....................................................73
III. Tests ................................................. 111
C. Land-based vs. Sea-based Filipino
Overseas Workers...................................73 Chapter XI. Liberty of Abode and Travel ... 112
D. Qualification for Elective Office.......73 I. Liberty of Abode................................ 112
E. Office of the Ombudsman...............73 II. Right to Travel................................... 112
F. Print vs. Broadcast Media...............73 III. Right to Return to Ones Country...... 112
IV. Standards of Judicial Review..............73
A. Rational Basis Test ......................73 Chapter XII. RA 9372: Human Security Act*
B. Strict Scrutiny Test .......................73 ....................................................................... 113
C. Intensified Means Test .................73
Chapter XIII. Latest Cases........................... 119
Chapter V. Requirements for Fair Procedure
.........................................................................74
POLITICAL LAW REVIEWER

PUBLIC INTERNATIONAL LAW


Table of Contents

Chapter I. Preliminaries ...............................124 D. Expression of Consent to be bound


I. Public International Law (PIL) ...........124 by the Treaty (Article 11, VCLOT)......... 134
II. Contra-Distinctions............................124 E. Registration with the UN............... 135
III. Relationship between PIL and Municipal IV. Philippine Law................................... 135
Law 125 V. Amendment or Modification of Treaty
A. Monist View...................................125 135
B. Dualist View ..................................125 VI. Reservations ..................................... 135
C. Monist-Naturalist View ..................125 VII. Invalid Treaties ............................. 135
D. Coordinationist View .....................125 VIII. Grounds for Termination............... 135
IV. The Philippine Doctrine .....................125
A. Doctrine of Incorporation ..............125 Chapter V. International Responsibility..... 137
B. Doctrine of Transformation ...........125 I. Breach............................................... 137
A. Is Fault or Malice Necessary? ...... 137
Chapter II. Actors of International Law ......126 B. The Standard of Diligence ............ 137
I. Subjects and Objects of International II. Attribution .......................................... 137
Law 126 A. Direct and Indirect Attribution ....... 138
A. States............................................126 B. Conduct Attributable to the State . 138
B. Individuals .....................................128 III. Consequences of State Responsibility
C. International Organizations (IO)....128 138
A. Duty to Make Reparation.............. 138
Chapter III. The Norms of International Law B. Forms of Reparation..................... 138
.......................................................................129 IV. Circumstances Precluding Wrongfulness
I. Concepts ...........................................129 139
II. Sources of International Law ............129 V. Diplomatic Protection (Espousal of
A. Treaty as Source of Law...............129 Claim) ....................................................... 139
B. Customary International Law ........129 A. Material Dates............................... 140
C. General Principle of Law...............131 B. Exhaustion of Local Remedies ..... 140
D. Subsidiary Source: Judicial Decisions
132 Chapter VI. Sovereignty and Jurisdiction . 141
E. Subsidiary Source: Publicists .......132 I. Sovereignty ....................................... 141
F. Other Sources...............................132 A. Characteristics .............................. 141
III. Status of Norms ................................132 B. Sovereign Equality of States ........ 141
A. Jus Cogens or Peremptory Norms132 C. Corollaries..................................... 141
B. Erga Omnes Norms ......................132 II. Jurisdiction ........................................ 141
A. Criminal Jurisdiction ..................... 141
Chapter IV. The Law of Treaties .................133 B. Reserved Domain of Domestic
I. Definition ...........................................133 Jurisdiction ............................................ 141
II. Requisites for Validity........................133 C. Doctrine of State Immunity ........... 141
A. Treaty Making Capacity ................133
B. Competence of the Chapter VII. The Law of the Sea ................. 143
Representative/Organ Making the Treaty I. Concepts ........................................... 143
133 A. Distinguished from Maritime or
C. Parties Must Freely Give Consent 133 Admiralty Law........................................ 143
D. Object and Subject Matter Must be B. Baseline ........................................ 143
Lawful ....................................................133 II. Waters............................................... 143
E. Ratification in Accordance with the A. Internal Waters ............................. 144
Constitutional Process of the Parties B. Territorial Waters .......................... 144
Concerned .............................................133 C. Contiguous Zone .......................... 144
III. The Treaty-Making Process ..............133 D. Exclusive Economic Zone ............ 144
A. Negotiation....................................133 E. High Seas ..................................... 145
B. Adoption (Article 9, VCLOT) .........133 III. Archipelagic State ............................. 146
C. Authentication of the Text (Article 10, IV. Continental Shelf............................... 146
VCLOT) .................................................134 A. Limits of the Continental Shelf...... 148
POLITICAL LAW REVIEWER

B. Rights of the Coastal State over the B. Hors de combat ............................ 159
Continental Shelf ...................................148 C. Protected Persons ........................ 159
C. Rights with Respect to Continental D. Martens clause ............................. 159
Shelf vs. EEZ.........................................148 E. Military Objective .......................... 159
V. Settlement of Disputes ......................149 F. Belligerency Status ....................... 159
A. Peaceful Settlement of Disputes ..149 VII. IHL and Weapons of Mass
B. Compulsory Settlement of Disputes Destruction................................................. 160
149 VIII. IHL and Non-International Armed
C. Jurisdiction of Court or Tribunal....149 Conflict 160
D. Composition of the International A. Common Article 3 and Protocol II. 160
Tribunal for the Law of the Sea (ITLOS)149 B. Control-of-Territory ....................... 161
E. Jurisdiction of ITLOS ....................149 C. War of National Liberation ............ 161
F. Applicable Laws in Settlement of IX. Neutrality ........................................... 161
Disputes by the ITLOS ..........................149 X. Protective Emblems .......................... 161
A. Who May Use ............................... 162
Chapter VIII. The Use of Force in B. Misuse of the Emblem .................. 162
International Law..........................................150 C. Punishment................................... 162
I. Jus Ad Bellum v Jus in Bello .............150 XI. The International Criminal Court ....... 162
II. Rules on the Use of Force ................150 A. Crimes within the Courts Jurisdiction
A. General Rule.................................150 162
B. Exceptions ....................................150 B. Modes of Incurring Criminal Liability
163
Chapter IX. International Human Rights Law C. Sources of Law ............................. 163
.......................................................................152 D. Other Key Concepts ..................... 163
I. Definition of Human Rights ...............152 E. Landmark Cases .......................... 163
II. Classification of Human Rights .........152
III. Internationalization of Human Rights Chapter XI. Diplomatic Intercourse ............ 165
152 I. Agents of Diplomatic Intercourse...... 165
IV. Sources of Human Rights .................152 A. Head of State................................ 165
A. Convention....................................152 B. The Foreign Office........................ 165
B. Custom..........................................152 C. The Diplomatic Corps ................... 165
V. International Bill of Human Rights.....153 II. Functions and Duties ........................ 165
A. Universal Declaration of Human III. Diplomatic Immunities and Privileges165
Rights (UDHR).......................................153 A. Personal Inviolability..................... 165
B. International Covenant on Civil and B. Inviolability of Premises and Archives
Political Rights (ICCPR) ........................153 166
C. International Covenant on Economic, C. Right of Official Communication ... 166
Social and Cultural Rights (ICESCR) ....154 D. Immunity from Local Jurisdiction .. 166
D. Common Provisions in the ICCPR E. Exemption from Taxes and Customs
and the ICESCR and differences ..........154 Duties .................................................... 166
VI. Specific Norms in Human Rights ......154 IV. Consular Relations............................ 167
A. Genocide.......................................154 A. Ranks............................................ 167
B. Torture ..........................................155 B. Necessary Documents ................. 167
C. Rights of the Child ........................155 C. Immunities and Privileges............. 167
D. Law against Discrimination ...........155
E. Refugee Law.................................156 Chapter XII. Recent International Law Issues
in Philippine Law.......................................... 168
Chapter X. International Humanitarian Law I. Daniel Smith and the Visiting Forces
.......................................................................157 Agreement ................................................. 168
I. Definition of Armed Conflict ............157 II. The Constitutionality of the Baselines
II. Fundamental Principles of IHL..........157 Law 169
III. Application of IHL ..............................158 III. VIOLENCE AGAINST WOMEN (VAW)
IV. The Four Geneva Conventions and the AS A FORM OF TORTURE ...................... 169
Two Additional Protocols ...........................158
V. Application of the Four Geneva Appendix 1 - Straight and Normal Baselines
Conventions and the Two Additional ....................................................................... 171
Protocols ....................................................158 Appendix 2 - Continental Shelf and the
VI. Definition of Concepts and Phrases..159 Maritime Zones............................................. 171
A. Combatants...................................159
POLITICAL LAW REVIEWER

ADMINISTRATIVE LAW
Table of Contents

Chapter I. Preliminary Considerations.......174 5.Habeas Corpus............................. 174


A. Definitions .........................................174 6.Writ of Amparo.............................. 174
B. Historical Considerations ..................174 7.Habeas Data................................. 174
C. Modes of Creation of Administrative 8.Injunction as Provisional Remedy 174
Agencies ....................................................174 E. Enforcement of Agency Action ......... 174
D. When is an agency administrative? ..174 1. Res Judicata; Finality of Judgment
E. Types of Administrative Agencies .....174 174
2. Writ of Execution; Mandamus....... 174
Chapter II. Powers of Administrative
Agencies .......................................................174
A. Quasi-Legislative (Rule-making) Powers
174
1. Definition .......................................174
2. Non-delegation doctrine................174
3. Legislative Delegation...................174
B. Quasi-Judicial (Adjudicatory) Powers174
C. Determinative Powers .......................174

Chapter III. Judicial Review and Enforcement


of Agency Action..........................................174
A. Considerations ..................................174
1. Basis .............................................174
2. Factors to Consider in Judicial
Review: ..................................................174
3. The doctrines of forum shopping, litis
pendentia and res judicata also apply to
administrative agencies. ........................174
4. General Rule.................................174
5. Exceptions ....................................174
6. When judicial review is valid despite
finality of administrative decisions: ........174
7. Availability of Judicial Review
depends on:...........................................174
B. Four Important Doctrines in Judicial
Review .......................................................174
1. Doctrine of Primary Jurisdiction or
Preliminary Resort .................................174
2. Doctrine of Exhaustion of
Administrative Remedies.......................174
3. Doctrine of Qualified Political Agency
174
4. Ripeness .......................................174
C. Extent of Judicial Review ..................174
1. General Rule.................................174
2. General Principles ........................174
3. Law-fact Distinction.......................174
4. Question of Law............................174
5. Question of Fact ...........................174
6. Question of Discretion ..................174
D. Modes of Judicial Review..................174
1. Certiorari .......................................174
2. Prohibition .....................................174
3. Mandamus ....................................174
4. Declaratory Relief .........................174
POLITICAL LAW REVIEWER

ELECTION LAW
Table of Contents

Chapter I. General Principles ......................198 3. Disqualifications............................ 207


A. Definitions .........................................198 4. Filing and withdrawal of certificate of
1. Suffrage ........................................198 candidacy .............................................. 208
2. Scope............................................198 5. Effect of filing certificate of candidacy
B. Constitutional Mandate on Congress 199 209
C. Election Period ..................................199 6. Substitution of Candidates............ 209
7. Duty of COMELEC ....................... 209
Chapter II. COMELEC...................................200 8. Petition to declare a duly registered
A. Composition ......................................200 candidate as a nuisance candidate....... 209
B. Qualifications.....................................200 9. Petition to Deny Due Course or to
C. Powers and Functions.......................200 Cancel Certificate .................................. 210
1. Constitutional powers and functions 10. Effect of disqualification case... 210
[Art. IX-C, Sec. 2]...................................200 B. Registration of Political Parties ......... 210
2. Statutory powers ...........................201 1. Party System ................................ 210
D. Rendition of Decision ........................201 2. Definitions ..................................... 210
1. Composition ..................................201 3. Purpose ........................................ 211
2. Time Period and Votes Required .202 4. Procedure for Registration............ 211
3. COMELEC decisions reviewable by 5. Who May Not be Registered ........ 211
the Supreme Court ................................202 6. Grounds for refusal and/or
E. Measures Designed for COMELECs cancellation of registration .................... 211
Independence ............................................202 7. Parameters in Allocation of Seats for
Party-List Representatives .................... 212
Chapter III. Voters: Qualification and 8. Effect of Change of Affiliation... 212
Registration ..................................................203 9. Nomination of Party-List
A. Qualifications.....................................203 Representative ...................................... 212
B. Registration of Voters........................203 C. Party-list and District Representatives
1. Definition .......................................203 Distinguished ............................................. 213
2. System of Continuing Registration of
Voters ....................................................204 Chapter V. Election Campaign and
3. Illiterate or disabled voters............204 Expenditures ................................................ 214
4. Election Registration Board ..........204 A. Election Campaign............................ 214
5. Change of residence or address ..204 1. Election Campaign or Partisan
6. Challenges to right to register.......204 Political Activity...................................... 214
7. Deactivation of Registration..........205 2. Campaign Period .......................... 214
8. Reactivation of Registration..........205 3. Lawful Election Propaganda......... 215
9. Certified List of Voters ..................205 4. Prohibited Acts ............................. 215
C. Inclusion and Exclusion Proceedings205 5. Equal Access to Media Time and
D. Annulment of Book of Voters ............205 Space .................................................... 215
E. Overseas Absentee Voter .................206 7. Election Surveys ........................... 216
1. Definitions .....................................206 8. Application for Rallies, Meetings and
2. Coverage ......................................206 Other Political Activity............................ 216
3. Qualifications ................................206 B. Election Contributions and Expenditures
4. Disqualifications ............................206 216
5. Personal Overseas Absentee 1. Definitions ..................................... 216
Registration ...........................................206 2. Prohibited Contributions ............... 217
6. Inclusion and Exclusion Proceedings 3. Prohibited Fund-raising Activities . 217
206 4. Limitations on Expenses............... 217
7. National Registry of Overseas 5. Statement of Contributions and
Absentee Voters ....................................206 Expenses............................................... 217
6. Requisites of a Prohibited Donation
Chapter IV. Pre-Election Requirements .....207 218
A. Certificates of Candidacy ..................207
1. Candidate, Definition ....................207 Chapter VI. Election Proper ........................ 219
2. Qualifications .....................................207 A. In General ......................................... 219
POLITICAL LAW REVIEWER

1. What Constitutes an Election........219 4. Voting............................................ 220


2. Failure of Elections .......................219 5. Counting of Votes ......................... 220
3. Postponement of Elections ...........219 6. Canvassing ................................... 220
4. Special Elections ..........................220 7. Acts of Government or Public Officers
B. Board of Election Inspectors .............220 220
C. Casting of Votes................................220 8. Coercion, Intimidation, Violence ... 220
1. Voting Hours .................................220 9. Other Prohibitions ......................... 220
2. Voting............................................220 10. Penalties................................... 220
3. Challenge of Illegal Voters............220 E. Arrests in Connection with Election
4. Challenge based on certain illegal Campaign .................................................. 220
acts 220 F. Prescription ....................................... 220
D. Counting of Votes..............................220 G. Prohibited Acts Under R.A. 9369 ...... 220
1. Counting Proper............................220
2. Election Returns ...........................220
E. Canvassing of Votes .........................220
1. Definitions .....................................220
2. Composition of Board of Canvassers
220
3. Prohibitions on BOC .....................220
4. Canvass by the BOC ....................220
5. Certificate of Canvass and Statement
of Votes .................................................220
6. Proclamation .................................220

Chapter VII. Modes of Challenging Candidacy


and Election Results....................................220
A. Cancellation of Certificate of Candidacy
220
1. Grounds ........................................220
2. Nature of Proceedings.......................220
3. Procedure .....................................220
B. Pre-Proclamation Controversies .......220
1. Jurisdiction ....................................220
2. When Not Allowed ........................220
3. Nature of Proceedings ..................220
4. Issues That May Be Raised..........220
5. Issues That Cannot Be Raised .....220
6. Procedure .....................................220
7. Effect of Filing of Pre-Proclamation
Controversy ...........................................220
8. Effect of Proclamation of Winning
Candidate ..............................................220
9. Petition to Annul or Suspend
Proclamation..........................................220
10. Declaration of Failure of Election
220
C. Disqualification Cases.......................220
1. Procedure .....................................220
2. Effect .................................................220

Chapter VIII. Election Offenses...................220


A. Jurisdiction over Election Offenses...220
B. Prosecution of Election Offenses......220
C. Preferential Disposition of Election
Offenses.....................................................220
D. Election Offenses ..............................220
1. Registration...................................220
2. Certificate of Candidacy................220
3. Election Campaign........................220
POLITICAL LAW REVIEWER

LAW ON PUBLIC OFFICERS


Table of Contents

Chapter I. Public Office and Officers .........234 B. Election ............................................. 234


A. Public Office ......................................234 C. Appointment...................................... 234
1. Definition .......................................234 1. Definition....................................... 234
2. Purpose.........................................234 2. Nature of Power to Appoint .......... 234
3. Nature ...........................................234 3. Classification of Appointments ..... 234
4. Elements .......................................234 4. Steps in Appointing Process......... 234
5. Public Office v. Public Employment 5. Presidential Appointees................ 234
234 D. Qualification Standards and
6. Public Office v. Public Contract ....234 Requirements under the Civil Service Law234
7. No vested right to public office. ....234 1. Qualification Standards ................ 234
8. Public Office is not Property. ........234 2. Political Qualifications for an Office
9. Creation of Public Office ...............234 234
10. Methods of Organizing Public 3. No Property Qualifications............ 234
Offices 234 4. Citizenship .................................... 234
11. Modification and Abolition of Public 5. Effect of Removal of Qualifications
Office 234 During the Term .................................... 234
12. Estoppel in Denying Existence of 6. Effect of Pardon upon the
Office 234 Disqualification to Hold Public Office .... 234
B. Public Officer.....................................234 E. Discretion of Appointing Official ........ 234
1. Definition .......................................234 F. Effectivity of Appointment ................. 234
2. A Person Cannot be Compelled to G. Effects of a Complete, Final and
Accept a Public Office. ..........................234 Irrevocable Appointment............................ 234
3. Public Officers Power is Delegated H. Civil Service Commissions (CSCs)
(not Presumed)......................................234 Jurisdiction................................................. 234
C. Classification of Public Offices and I. Appointments to the Civil Service ..... 234
Public Officers............................................234
D. De Facto Officers ..............................234
1. De Facto Doctrine.........................234
2. De Facto Officer Defined ..............234
3. Elements of a De Facto Officership
234
4. Office created under an
unconstitutional statute..........................234
5. Legal Effect of Acts of De Facto
Officers ..................................................234
6. Liabilities of De Facto Officers ......234
7. Right to Compensation of De Facto
Officer ....................................................234

Chapter II. Eligibility and Qualifications ....234


A. Definition ...........................................234
B. Power to Prescribe Qualifications .....234
C. Time of Possession of Qualifications 234
D. Eligibility is Presumed .......................234
E. Qualifications Prescribed By
Constitution ................................................234
F. Religious Test or Qualification is not
Required ....................................................234
G. Disqualifications to Hold Public Office
234

Chapter III. Formation of Official Relation .234


A. Modes of Commencing Official Relation
234
POLITICAL LAW REVIEWER

LOCAL GOVERNMENT LAW


Table of Contents

Chapter I. Basic Principles..........................258 Chapter IV. Local Initiative and Referendum


I. Nature and Status .............................258 ....................................................................... 283
A. Definition .......................................258 A. Definition ........................................... 283
B. Dual Nature...................................258 B. Requirements.................................... 283
II. Principles of Local Government Law 259 C. Procedure ......................................... 283
A. State Policy, Principles of D. Effectivity of Local Propositions ........ 283
Decentralization.....................................259 E. Limitations on Initiatives.................... 283
B. Local Autonomy ............................259 F. Limitations Upon Local Legislative
C. Decentralization ............................259 Bodies ........................................................ 284
C. Devolution .....................................260
III. The Local Government Code ............260 Chapter V. Municipal Liability..................... 285
A. Effectivity.......................................260 A. Specific Provisions making LGUs Liable
B. Scope............................................260 285
C. Rules of Interpretation ..................260 B. Liability for Torts, Violation of the Law
and Contracts ............................................ 285
Chapter II. Creation and Dissolution of LGUs C. Personal Liability of Public Official.... 286
.......................................................................261
I. Creation.............................................261 Chapter VI. Intergovernmental Relations
A. General Provisions .......................261 National Government and LGUs................. 287
B. Specific Requirements..................261 I. Executive Supervision....................... 287
C. Authority to Create Local Government A. 1987 Constitution, Art. X, Sec. 2 and
Units 262 4 287
D. Creation and Conversion of LGUs 263 B. Administrative Code of 1987, Title XII
E. Plebiscite.......................................264 Chapter I................................................ 287
F. Beginning of Corporate Existence 264 II. Consultations .................................... 288
II. Division and Merger; Abolition ..........266 LGC Sec. 2(c), 26, 27 ........................... 288
A. Division and Merger ......................266 A. Declaration of Policy..................... 288
B. Abolition ........................................266 B. Maintenance of Ecological Balance
III. Settlement of Boundary Disputes .267 288
A. Jurisdictional Responsibility for C. Prior Consultation ......................... 288
Settlement of Boundary Dispute............267 III. Relations with Philippine National
B. Appeal...........................................267 Police 289
C. Maintenance of the Status Quo ....267 LGC, Sec. 28 ........................................ 289
IV. Other Relations............................. 290
Chapter III. General Powers and A. Inter-local Relations ...................... 290
Attributes of LGUs .......................................268 B. Relations with Non-Governmental
I. Powers in General ...............................268 organizations ......................................... 290
A. Sources of Powers of LGUs..............268
B. Classification of Powers of LGUs......268 Chapter VII. Local Officials ......................... 291
C. Execution of Powers .........................268 I. Elective Local Officials ....................... 291
II. Political and Corporate Nature of LGUs A. Qualifications .................................... 291
268 B. Disqualifications ...............................292`
III. Governmental Powers ....................269 C. Manner of Election ............................ 294
A. General Welfare ................................269 D. Term of Office ................................... 294
1. Police Power .................................269 E. Rules on Succession ........................ 296
2. Limitations.....................................270 F. Recall ................................................ 299
3. Abatement of Nuisance ................271 G. Discipline........................................... 300
4. Closure of Roads ..........................271 1. Administrative Action .................... 300
B. Power to Generate Revenue ............272 2. Penalties ....................................... 302
C. Eminent Domain................................273 3. Power of Tribunals........................ 303
D. Basic Services and Facilities ............275 II. Appointive Officials............................. 304
E. Reclassification of Lands ..................276 A. Appointments .................................... 304
F. Corporate Powers .............................277 B. Discipline........................................... 306
G. Local Legislative Power ....................278 C. Removal ............................................ 306
POLITICAL LAW REVIEWER

D. Officials Common to All Municipalities,


Cities and Provinces ..................................306
III. Provisions Applicable to Elective and
Appointive Officials .....................................307
A. Prohibited Interests ...........................307
LGC Sec. 89 ..............................................307
B. Practice of Profession .......................307
C. Prohibition against Appointment .......307
IV. Local Boards and Councils ................307
A. Local School Board ...........................307
B. Local Health Board............................307
C. Local Development Council ..............307
D. Local Peace and Order Council ........307

Chapter VIII. Local Government Units .......307


A. The Barangay....................................307
1. Katarungang Pambarangay..........307
2. Sangguniang Kabataan ................307
B. The Municipality ................................307
C. The City .............................................307
D. The Province .....................................307

Chapter IX. Miscellaneous and Final


Provisions .....................................................307
A. Posting and Publication of Ordinances
with Penal Sanctions .................................307
B. Penalties for Violation of Tax
Ordinances.................................................307
C. Provisions for Implementation...........307

Chapter X. Application of LGC to


Autonomous Regions and Other Entities..307
I. The Autonomous Region in Muslim
Mindanao ...................................................307
II. Cordillera Administrative Region.......307
III. The Metropolitan Manila Development
Authority.....................................................307
POLITICAL LAW REVIEWER TABLE of CONTENTS

CONSTITUTIONAL LAW 1 2
Table of Contents

CONSTITUTIONAL LAW I
Chapter I. The State .................................................3 B. Exploration, Development, and Utilization
I. Territory .......................................................3 47
A. 1987 Const., Art. I ...................................3 C. Stewardship Concept ............................48
B. Treaty of Paris, Art. III .............................3 III. Private Lands .............................................48
C. Archipelagic Doctrine ..............................4 A. General Rule .........................................48
II. People..........................................................4 B. Exceptions.............................................48
A. Definition .................................................4 IV. Monopolies.................................................48
B. Citizenship ..............................................4 V. Central Monetary Authority ........................48
III. Sovereignty..................................................6
A. Kinds .......................................................6 Chapter IV. Current Events and Special Topics ..49
B. Theory of Auto-Limitation ........................6 I. Party-List System.......................................49
C. Dominium v Imperium ........................6 II. Question Hour v. Inquiries In Aid of
D. Jurisdiction ..............................................6 Legislation ...........................................................51
E. Suits Against the State and the Doctrine III. Executive Privilege................................51
of Sovereign Immunity......................................7 IV. Peoples Initiative .......................................52
IV. Government .................................................8 V. Right of Reply ............................................53
A. Definition .................................................8 VI. The (Erstwhile) Province of Shariff
B. Functions ................................................8 Kabunsuan ..........................................................53
C. Doctrine of Parens Patriae ......................8 VII. MOA on Ancestral Domain (MOA-AD) ..54
D. De Jure and De Facto Governments.......9

Chapter II. Structure and Powers of Government


Separation of Powers ............................................10
I. Legislative Department ..............................10
A. Nature and Classification of Legislative
Power .............................................................10
B. Composition, Qualifications and Term of
Office10
C. Election .................................................11
D. Salaries, Privileges and Disqualifications
12
E. Internal Government of Congress .........13
F. Electoral Tribunals ................................14
G. Commission on Appointments ..............15
H. Powers of Congress..............................16
II. Judiciary.....................................................21
A. In General .............................................21
B. Supreme Court......................................23
C. Judicial and Bar Council........................25
III. Executive ...................................................25
A. The President........................................25
B. Vice President.......................................41
IV. Constitutional Commissions.......................42
A. Common Provisions ..............................42
B. Civil Service Commission......................42
C. Commission on Elections......................43
D. Commission on Audit ............................44
V. Constitutionally-Mandated Bodies .............44
A. Sandiganbayan .....................................44
B. Ombudsman .........................................44
C. Commission on Human Rights..............45

Chapter III. National Economy and Patrimony.....46


I. General Principles .....................................46
A. Goals.....................................................46
B. Citizenship Requirements .....................46
C. Filipino First...........................................46
II. Natural Resources .....................................46
A. Regalian Doctrine [Jura Regalia] ..........46
POLITICAL LAW REVIEWER Chapter I. THE STATE

Chapter I. The State


CONSTITUTIONAL LAW I TEAM

CONSTITUTIONAL LAW I
Dean Marvic MVF Leonen I. TERRITORY 3
Faculty Editor A. 1987 CONSTITUTION, ART.
RT. I

CONSTITUTIONAL LAW I
B. TREATY OF PARIS
Earla Langit
C. ARCHIPELAGIC DOCTRINE
DOCTRIN
Lead Writer
II. PEOPLE
Abigail Alameda A. DEFINITIONS
Maricor Estrella B. CITIZENSHIP
Kate Lomoljo III. SOVEREIGNTY
Writers A. KINDS
B. THEORY OF AUTO-LIMITATION
LIMITATION
POLITICAL LAW C. DOMINIUM V. IMPERIUM
D. JURISDICTION
Jennifer Go E. SUITS AGAINST THE STATEST AND THE
Subject Editor DOCTRINE OF SOVEREIGN
SOVEREIG IMMUNITY
IV. GOVERNMENT
ACADEMICS COMMITTEE A. DEFINITION
Kristine Bongcaron B. FUNCTIONS
C. DOCTRINE OF PARENS PATRIAE
Michelle Dy
D. DE JURE AND DE FACTO GOVERNMENTS
Patrich Leccio
Editors-in-Chief
I. Territory
PRINTING & DISTRIBUTION
(Asked 7 times in the Bar)
Kae Guerrero
A. 1987 Const., Art. I
DESIGN & LAYOUT
SCOPE OF THE NATIONAL TERRITORY AS
Pat Hernandez DEFINED IN THE CONSTITUTION
Viktor Fontanilla 1) Philippine archipelago
Romualdo Menzon Jr. 2) All other territories over which the Philippines has
Rania Joya sovereignty or jurisdiction
3) Territorial sea, Seabed, Subsoil, Insular shelves,
LECTURES COMMITTEE and other submarine areas corresponding to (1)
Michelle Arias and (2)
Camille Maranan 4) (1) and (2) also consist of terrestrial, fluvial, and
Angela Sandalo aerial domains
Heads
B. Treaty of Paris, Art. III
Katz Manzano Mary Rose Beley
Sam Nuez Krizel Malabanan Spain cedes to the United States the archipelago
Arianne Cerezo Marcrese Banaag known as the Philippines Islands, and comprehending
Volunteers the islands lying within the following line xxx

MOCK BAR COMMITTEE


Lilibeth Perez

BAR CANDIDATES WELFARE


Dahlia Salamat

LOGISTICS
Charisse Mendoza

SECRETARIAT COMMITTEE
Jill Hernandez
Head
Loraine Mendoza Faye Celso
Mary Mendoza Joie Bajo
Members

*Image taken from:


http://media.photobucket.com/image/philippine%20map%20image%2
0international%20law/jibrael_2007/Jibrael%202008/map1_rpterritory.j
pg
POLITICAL LAW REVIEWER Chapter I. THE STATE

C. Archipelagic Doctrine The right of the people to information on matters of


public concern shall be recognized. Access to official
Elements:
1. Internal waters waters around, between and
records, and to documents, and papers pertaining to 4
official acts, transactions, or decisions, as well as to
connecting the islands of the archipelago

CONSTITUTIONAL LAW I
government research data used as basis for policy
2. Straight baseline method consists of drawing development, shall be afforded the citizen, subject to
straight lines connecting appropriate points on such limitations as may be provided by law. (Sec 7,
the coast without departing to any appreciable Art III)
extent from the general direction of the coast,
in order to delineate the internal waters from the As an element of a state, people means a
territorial waters of an archipelago community of persons adequate in number for self-
Refer to PIL, Chap. 12, II for further discussion sufficiency and defense, and also capable of
on Baselines maintaining the continued existence of the
community and held together by a common bond of
law. (BERNAS)
II. People
A. Definition B. Citizenship
The term assumes three different meanings, (Asked 25 times in the Bar)
depending on the context in which it is used:
(NACHURA) 1. Who are citizens?
i. Citizens of the Philippines at the time of the
1. Inhabitants, as used in: adoption of this Constitution;
i. The right of the people to be secure in ii. Those whose fathers or mothers are citizens
their persons, houses, papers, and effects of the Philippines;
against unreasonable searches and seizures iii. Those who elected to be citizens. This is
of whatever nature and for any purpose shall available only to:
be inviolable x x x (Sec 2, Art III) - those born before January 17, 1973,
- to Filipino mothers,
The right of an individual to be - and elect Philippine citizenship upon
secure in his person is guaranteed reaching the age of majority
by the Constitution. The same is iv. Those naturalized in accordance with law.
declared a popular right of the
people and indisputably applies to ARTICLE IV, Section 1 (3), 1987 Constitution is
both citizens and foreigners in this also applicable to those who are born to Filipino
country. [Qua Chee Gan vs mothers and elected Philippine citizenship before
Deportation Board (1963)] February 2, 1987.
This is to correct the anomalous situation
ii. Civilian authority is, at all times, supreme where one born of a Filipino father and an alien
over the military. The Armed Forces of the mother was automatically granted the status of a
Philippines is the protector of the people natural-born citizen, while one born of a Filipino
and the State. Its goal is to secure the mother and an alien father would still have to
sovereignty of the State and the integrity of elect Philippine citizenship. [Co v. Electoral
the national territory. (Sec 3, Art II) Tribunal of the House of Representatives (1991)]

2. Electors, as used in: 2. Natural-born


i. The President and the Vice-President shall i. citizens of the Philippines from birth without
be elected by direct vote of the people having to perform any act to acquire or
(Sec 4, Art VII) perfect their Philippine citizenship; and
ii. those who elect Philippine citizenship in
3. Citizens, as used in: accordance with ARTICLE IV, Section 1 (3)
i. We, the sovereign Filipino people
(Preamble) The term "natural-born citizens," is
ii. The Philippines is a democratic and defined to include "those who are
republican State. Sovereignty resides in citizens of the Philippines from birth
the people and all government authority without having to perform any act to
emanates from them. (Sec 1, Art II) acquire or perfect their Philippine
iii. The prime duty of the Government is to citizenship." [Tecson vs COMELEC
serve and protect the people. The (2004)]
Government may call upon the people to
defend the State and, in the fulfillment Only two, i.e., jus soli and jus sanguinis, could
thereof, all citizens may be required, under qualify a person to being a "natural-born" citizen
conditions provided by law, to render of the Philippines. Jus soli, per Roa vs. Collector
personal military, or civil service. (Sec 4, Art of Customs (1912), did not last long. With the
II) adoption of the 1935 Constitution and the
POLITICAL LAW REVIEWER Chapter I. THE STATE

reversal of Roa in Tan Chong vs. Secretary of 5. How may citizenship be reacquired?
Labor (1947), jus sanguinis or blood i. Naturalization (CA No. 63 and CA No. 473)
relationship would now become the primary now an abbreviated process, no need to 5
basis of citizenship by birth. wait for 3 years (1 year for declaration of

CONSTITUTIONAL LAW I
intent, and 2 years for the judgment to
3. Who must be Natural-Born? become executory)
i. President (Sec. 2, Art VII) requirements:
ii. Vice-President (Sec. 3, Art VII) a.) be 21 years of age
iii. Members of Congress (Secs. 3 and 6, Art VI) b.) be a resident for 6 months
iv. Justices of SC and lower collegiate courts c.) have good moral character
(Sec. 7 (1), Art VIII) d.) have no disqualification
v. Ombudsman and his deputies (Sec. 8, Art Naturalization is never final and
XI) may be revoked if one commits acts
vi. Members of Constitutional Commissions of moral turpitude. [Republic vs Guy
vii. CSC (Sec. 1 (1), Art IX B) (1982)]
viii. COMELEC (Sec. 1 (1) Art IX C)
ii. Repatriation
ix. COA (Sec. 1 (1), Art IX D)
Repatriation results in the recovery of
x. Members of the Central Monetary Authority the original nationality. Therefore, if he is
(Sec. 20, Art XII) a natural-born citizen before he lost his
xi. Members of the Commission on Human citizenship, he will be restored to his
Rights (Sec. 17 (2), Art XIII) former status as a natural-born Filipino.
[Bengson III vs. HRET (2001)]
4. Grounds for Loss of Citizenship
i. Naturalization in a foreign country [Sec.1 (1), Mere filing of certificate of candidacy
CA 63]; is not a sufficient act of repatriation.
ii. Express renunciation or expatriation [Sec.1 Repatriation requires an express and
(2), CA 63]; equivocal act. [Frivaldo vs COMELEC
iii. Taking an oath of allegiance to another (1989)]
country upon reaching the age of majority;
iv. Accepting a commission and serving in the In the absence of any official action or
armed forces of another country, unless approval by proper authorities, a mere
there is an offensive/ defensive pact with the application for repatriation does not,
country, or it maintains armed forces in RP and cannot, amount to an automatic
with RPs consent; reacquisition of the applicants
v. Denaturalization; Philippine citizenship. [Labo vs
vi. Being found by final judgment to be a COMELEC (1989)]
deserter of the AFP;
vii. Marriage by a Filipino woman to an alien, if iii. Legislative Act
by the laws of her husbands country, she both a mode of acquiring and
becomes a citizen thereof. reacquiring citizenship

Expatriation is a constitutional right. 6. Dual Allegiance


No one can be compelled to remain a i. aliens who are naturalized as Filipinos but
Filipino if he does not want to. [Go remain loyal to their country of origin (cite
Gullian vs Government] source)
ii. public officers who, while serving the
EXCEPTION: A Filipino may not divest government, seek citizenship in another
himself of Philippine citizenship in any country (cite source)
manner while the Republic of the Philippines
is at war with any country. (Sec. 1 (3), Com. disqualified from running for any elective
Act No. 63) local position. (Sec 40d, Local Government
Code)
Aznar v COMELEC, (1995)
Loss of Philippine citizenship cannot be Once a candidate files his candidacy, he is
presumed. Considering the fact that admittedly, deemed to have renounced his foreign
Osmea was both a Filipino and an American, citizenship. [Mercado vs Manzano (1999)]
the mere fact that he has a certificate stating that
he is an American does not mean that he is not Clearly, in including 5 in Article IV on
still a Filipino, since there has been NO citizenship, the concern of the
EXPRESS renunciation of his Philippine Constitutional Commission was not with
citizenship. [Aznar vs COMELEC (1995)] dual citizens per se but with naturalized
citizens who maintain their allegiance to
their countries of origin even after their
naturalization. Hence, the phrase dual
POLITICAL LAW REVIEWER Chapter I. THE STATE

citizenship in R.A. No. 7160, 40(d) and citizens; and/or


in R.A. No. 7854, 20 must be understood (b) are in active service as commissioned or non-
as referring to dual allegiance. commissioned officers in the armed forces of the
country which they are naturalized citizens.
6

CONSTITUTIONAL LAW I
Consequently, persons with mere dual
citizenship do not fall under this
disqualification. Unlike those with dual III. Sovereignty
allegiance, who must, therefore, be subject (Asked 4 times in the Bar)
to strict process with respect to the
termination of their status, for candidates Supreme and uncontrollable power inherent in a
with dual citizenship, it should suffice if, State by which the State is governed.
upon the filing of their certificates of
candidacy, they elect Philippine A. Kinds
citizenship to terminate their status as
1. Legal sovereignty - power to issue final
persons with dual citizenship considering
commands.
that their condition is the unavoidable
2. Political sovereignty - power behind the legal
consequence of conflicting laws of different
sovereign, or the sum total of the influences that
states.
operate upon it.
3. Internal sovereignty - power to control domestic
Cf: RA 9225 (Citizenship Retention and Re-acquisition
Act of 2003) affairs.
4. External sovereignty (also known as
Sec. 3. Retention of Philippine Citizenship. Any independence) - power to direct relations with
provision of law to the contrary notwithstanding, natural-born other states.
citizens of the Philippines who have lost their Philippine
citizenship by reason of their naturalization as citizens of a
foreign country are hereby deemed to have re-acquired
B. Theory of Auto-Limitation
Philippine citizenship upon taking the following oath of It is the property of the State-force due to which a
allegiance to the Republic: xxx
State has exclusive legal competence of self-
Natural-born citizens of the Philippines who, after the
effectivity of this Act, become citizens of a foreign country limitation and self-restriction.
shall retain their Philippine citizenship upon taking the
aforesaid oath. Sovereignty is subject to restrictions and
limitations voluntarily agreed to by the
Sec. 4. Derivative Citizenship. The unmarried child, Philippines, expressly or impliedly, as a member
whether legitimate, illegitimate or adopted, below eighteen of the family of nations. [Taada vs Angara
(18) years of age, of those who re-acquire Philippine (1997)]
citizenship upon effectivity of this Act shall be deemed
citizens of the Philippines.
C. Dominium v Imperium
Sec. 5. Civil and Political Rights and Liabilities. Those
who retain or re-acquire Philippine citizenship under this Act [Lee Hong Hok v. David, (1972)]
shall enjoy full civil and political rights and be subject to all
attendant liabilities and responsibilities under existing laws of
Dominium
the Philippines and the following conditions: capacity of the State to own property.
(1) Those intending to exercise their right of suffrage must covers such rights as title to land,
meet the requirements under Sec. 1, Art. V of the exploitation and use of it, and disposition or
Constitution, RA 9189, otherwise known as "The sale of the same.
Overseas Absentee Voting Act of 2003" and other Regalian doctrine
existing laws;
(2) Those seeking elective public office in the Philippines
all lands of the public domain belong to
shall meet the qualifications for holding such public the State, and anyone claiming title has
office as required by the Constitution and existing laws the burden to show ownership, comes
and, at the time of the filing of the certificate of within this concept. In this capacity, the
candidacy, make a personal and sworn renunciation of State descends to the status of ordinary
any and all foreign citizenship before any public officer persons and thus becomes liable as
authorized to administer an oath; such. [Cruz v. Sec of DENR, (2000)]
(3) Those appointed to any public office shall subscribe
and swear to an oath of allegiance to the Republic of Imperium
the Philippines and its duly constituted authorities prior States authority to govern.
to their assumption of office: provided, that they
renounce their oath of allegiance to the country where
covers such activities as passing laws
they took that oath; governing a territory, maintaining peace and
(4) Those intending to practice their profession in the order over it, and defending it against foreign
Philippines shall apply with the proper authority for a invasion.
license or permit to engage in such practice; and When the State acts in this capacity, it
(5) That right to vote or be elected or appointed to any generally enjoys sovereign immunity.
public office in the Philippines cannot be exercised by,
or extended to, those who:
(a) are candidates for or are occupying any public
office in the country of which they are naturalized
POLITICAL LAW REVIEWER Chapter I. THE STATE

D. Jurisdiction is clear that the respondent is a public


officer sued in a private capacity;
Jurisdiction is the manifestation of sovereignty.
The jurisdiction of the state is understood as both
iii. when the action is not in personam with the 7
government as the named defendant, but an
its authority and the sphere of the exercise of that

CONSTITUTIONAL LAW I
action in rem that does not name the
authority. (SINCO)
government in particular.
1. KINDS:
3. How the States consent to be sued is given:
i. Territorial jurisdiction i. Express consent
authority of the State to have all persons a. It is effected only by the will of the
and things within its territorial limits to be legislature through the medium of a duly
completely subject to its control and enacted statute.
protection. b. may be embodied either in a:
General Law
ii. Personal jurisdiction authorizes any person who meets
authority of the State over its nationals, the conditions stated in the law to
their persons, property, and acts, sue the government in accordance
whether within or outside its territory. with the procedure in the law
(Art 15, CC: Laws relating to family Special Law
rights and duties, or to the status, may come in the form of a private
condition and legal capacity of persons bill authorizing a named individual
are binding upon citizens of the to bring suit on a special claim
Philippines, even though living abroad.) Art 2189, CC: Provinces, cities and
iii. Extraterritorial jurisdiction municipalities shall be liable for
authority of the State over persons, damages for the death or injuries
things, or acts, outside its territorial limits suffered by any person by reason of
by reason of their effects to its territory the defective conditions of roads,
streets, public buildings and other
public works under their control and
E. Suits Against the State and the Doctrine of supervision.
Sovereign Immunity
ii. Implied consent
(Asked two times in the Bar) when the State enters into a business
contract or itself commences litigation.
The State may not be sued without its consent.
State may only be liable for
(Sec 3, Art XVI)
proprietary acts (jure gestionis) and
not for sovereign acts (jure imperii)
There can be no legal right as against the
When state files complaint, suability
authority that makes the laws on which the right
will result only where the
depends. also called the doctrine of Royal
government is claiming affirmative
Prerogative of Dishonesty. [Kawananakoa v.
relief from the defendant. [US v.
Polyblank (1907)]
Guinto, (1990)]
When it would be inequitable for the
If the State is amenable to suits, all its time would
State to invoke its immunity.
be spent defending itself from suits and this
In instances when the State takes
would prevent it from performing it other
private property for public use or
functions. [Republic vs. Villasor (1973)]
purpose.
1. A suit is against the State regardless of who is
named the defendant if:
iii. When does Liability Attach?
a. The Government is only liable for the
i. it produces adverse consequences to the acts of its agents, officers and
public treasury in terms of disbursement of
employees, when they act as special
public funds and loss of government
agents within the meaning of Art. 2180
property.
(6) CC.
ii. cannot prosper unless the State has given its
consent. Special Agent
one who receives a definite and fixed
2. In the following instances, it was held that the suit order or commission, foreign to the
is not against the State: exercise of the duties of his office if he is
i. when the purpose of the suit is to compel an a special official. [Merritt v. Govt of the
officer charged with the duty of making Philippine Islands, (1916)]
payments pursuant to an appropriation This concept does not apply to any
made by law in favor of the plaintiff to make executive agent who is an
such payment, since the suit is intended to employee of the active
compel performance of a ministerial duty. administration and who on his own
[Begoso v. PVA (1970)] responsibility performs the functions
ii. when from the allegations in the complaint, it
POLITICAL LAW REVIEWER Chapter I. THE STATE

which are inherent in and naturally IV. Government


pertain to his office and which are
(Asked two times in the Bar)
regulated by law and the 8
regulations.

CONSTITUTIONAL LAW I
A. Definition
Unauthorized acts of government
officials or officers are not acts Sec. 2(1) Administrative Code. Government of the
of the State, and an action against Republic of the Philippines is defined as:
the corporate governmental entity through which the
the officials or officers by one functions of government are exercised throughout the
whose rights have been invaded or Philippines, including
violated by such acts, for the the various arms through which political authority is
protection of his rights, is not a suit made effective in the Philippines, whether pertaining to:
against the State. 1. the autonomous regions,
The doctrine of immunity from suit 2. the provincial, city, municipal, or barangay
will not apply and may not be subdivisions, or
3. other forms of local government.
invoked where the public official is
being sued in his private and
personal capacity as an ordinary Government is that institution or aggregate of
citizen, for acts without authority or institutions by which an independent society
in excess of the powers vested in makes and carries out those rules of action which
him. [Lansang vs CA (2000)] are necessary to enable men to live in a social
state or which are imposed upon the people
b. When the Government creates a forming that society by those who possess the
corporation, it invariably provides this power or authority of prescribing them.[US vs
corporation a separate entity and with Dorr (1903)]
the capacity to sue and be sued.
Consent to be sued includes B. Functions
actions based on quasi-delict even
though committed by regular, and 1. Constituent functions - constitute the very bonds
not special, agents. of society; compulsory.
Rule: a government entity can be i. keeping of order and providing protection
sued for tort, but if it is, it can invoke ii. fixing of legal relations between man and
the defense that it acted through its wife, and children
regular employee, and not through iii. regulation of the holding, transmission and
a special agent. interchange of property
iv. define crime and punishment
c. The principle of State immunity from suit
does not apply when the relief
v. regulates and determines contract between
individuals
demanded requires no affirmative
official action on the part of the State vi. dealings of state with foreign powers
or the affirmative discharge of any 2. Ministrant functions - undertaken to advance the
obligation which belongs to the State in general interests of society; optional.
its political capacity, even though the i. public works
officers or agents who are made
ii. public education
defendants claim to hold or act only by
virtue of a title of the State and as its
iii. public charity
agents and servants. [Republic v iv. health and safety regulations
Sandoval, (1993)] v. trade and industry
The distinction between constituent and
ministrant functions is not relevant in our
jurisdiction. [ACCFA v. Federation of Labor
Unions, (1969)]

C. Doctrine of Parens Patriae


Parens patriae is the task of the government to
act as guardian of the rights of the people.
This prerogative of parens patriae is inherent in
the supreme power of every state, whether that
power is lodged in a royal person or in the
legislature
The Monte de Piedad y Caja de Ahorros de
Manila is an institution organized in accordance
with the canon law, having been created by the
royal order of the King of Spain of July 8, 1880,
made under the royal patronate powers then
POLITICAL LAW REVIEWER Chapter I. THE STATE

existing in the Crown of Spain. The royal order the 1987 Constitution. Indeed, she has stressed
referred to created, according to the purpose that she is discharging the powers of the
expressed therein, an institution for the safe presidency under the authority of the 1987 9
investment of the savings of the poor classes and Constitution.

CONSTITUTIONAL LAW I
to assist the needy in time of need by loaning
such savings to them at a low rate of interest. In fine, the legal distinction between EDSA
[Government of the Philippine Islands v. Monte People Power I EDSA People Power II is clear.
de Piedad, (1916)] EDSA I involves the exercise of the people power
of revolution which overthrew the whole
government. EDSA II is an exercise of people
D. De Jure and De Facto Governments power of freedom of speech and freedom of
assembly to petition the government for redress
1. De jure government
of grievances which only affected the office of the
i. has rightful title President. EDSA I is extra-constitutional and
ii. no power or control, either because this has the legitimacy of the new government that
been withdrawn from it, or because it has not resulted from it cannot be the subject of
yet actually entered into the exercise thereof. judicial review, but EDSA II is intra-
[In re Letter of Associate Justice Puno, constitutional and the resignation of the
(1992)] sitting President that it caused and the
2. De facto government succession of the Vice President as President
are subject to judicial review. EDSA I
i. government of fact, that is, it actually
presented a political question; EDSA II involves
exercises power or control without legal title.
legal questions. xxx
[Co Kim Cham v. Valdes, (1945)]
Even if the petitioner can prove that he did not
The legitimacy of the Aquino government is
resign, still, he cannot successfully claim that he
not a justiciable matter. It belongs to the
is a President on leave on the ground that he is
realm of politics where only the people of the
merely unable to govern temporarily. That claim
Philippines are the judge. And the people
has been laid to rest by Congress and the
have made the judgment; they have
decision that respondent Arroyo is the de
accepted the government of President
jure, president made by a co-equal branch of
Corazon C. Aquino which is in effective
government cannot be reviewed by this Court.
control of the entire country so that it is not
[Estrada v Desierto/ Estrada v GMA, (2001)]
merely a de facto government but in fact
and law a de jure government. Moreover,
the community of nations has recognized the
legitimacy of the present government. All the
eleven members of this Court, as
reorganized, have sworn to uphold the
fundamental law of the Republic under her
government. [In re Bermudez, (1986) citing
Lawyers League for a Better Philippines v.
Aquino, (1986)]
In the cited cases [Lawyers League for a
Better Philippines and/or Oliver A. Lozano v.
President Corazon C. Aquino, et al], we held
that the government of former President
Aquino was the result of a successful
revolution by the sovereign people, albeit a
peaceful one. No less than the Freedom
Constitution declared that the Aquino
government was installed through a direct
exercise of the power of the Filipino people
"in defiance of the provisions of the 1973
Constitution, as amended."
It is familiar learning that the legitimacy of a
government sired by a successful revolution
by people power is beyond judicial scrutiny
for that government automatically orbits out of the
constitutional loop. In checkered contrast, the
government of respondent Arroyo is not
revolutionary in character. The oath that she
took at the EDSA Shrine is the oath under the
1987 Constitution. In her oath, she
categorically swore to preserve and defend
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

Chapter II. Structure and Powers of I. Legislative Department


(Asked 23 times in the Bar)
Government Separation of Powers 10

CONSTITUTIONAL LAW I
I. LEGISLATIVE DEPARTMENT A. Nature and Classification of Legislative
A. NATURE AND CLASSIFICATION OF Power
LEGISLATIVE POWER
B. COMPOSITION, QUALIFICATIONS AND TERM 1. Nature:
OF OFFICE The authority to make laws and to alter or
C. ELECTION repeal them.
D. SALARIES, PRIVILEGES AND Vested in Congress, except to the extent
DISQUALIFICATIONS reserved to the people by provision on
E. INTERNAL GOVERNMENT OF CONGRESS
F. ELECTORAL TRIBUNALS
initiative and referendum
G. COMMISSION ON APPOINTMENTS Plenary (Congress may legislate on any
H. POWERS OF CONGRESS subject matter provided that the limitations
II. JUDICIAL DEPARTMENT are observed.)
A. IN GENERAL
B. SUPREME COURT 2. Classification of Legislative Power:
C. JUDICIAL AND BAR COUNCIL Original - possessed by the sovereign
III. EXECUTIVE DEPARTMENT people
A. PRESIDENT Derivative - delegated by the sovereign
B. VICE-PRESIDENT
IV. CONSTITUTIONAL COMMISSIONS
people to legislative bodies and is
A. COMMON PROVISIONS subordinate to the original power of the
B. CIVIL SERVICE COMMISSION people
C. COMMISSION ON ELECTIONS Constituent - power to amend and revise
D. COMMISSION ON AUDIT the Constitution
V. CONSTITUTIONALLY-MANDATED BODIES Ordinary - power to pass ordinary laws
A. SANDIGANBAYAN
B. OMBUDSMAN
C. COMMISSION ON HUMAN RIGHTS

B. Composition, Qualifications and Term of Office


Senate House of Representatives
(Art. VI secs. 2-4) (Art. VI secs. 5-8)
Composition 24 senators elected at large Not more than 250 members, unless otherwise
provided by law, consisting of:
1. District Representatives
2. Party-List Representatives
3. Sectoral Representatives
Qualifications Natural-born citizen Natural-born citizens
At least 35 years old on the day of the At least 25 years old on the day of the election
election Able to read and write
Able to read and write Registered voter in the district he seeks to
A registered voter represent
Resident of the Philippines for at least 2 A resident of the said district for at least 1 year
years immediately preceding the day of the immediately preceding the day of the election
election
Term of 6 years 3 years
Office
Term Limits 2 consecutive terms. 3 consecutive terms.
th
1. Senate on the 30 day of June next following their
(Art. VI Secs. 2-4) election
Composition: 24 senators elected at large Term Limits: only up to 2 consecutive terms.
However, they may serve for more than 2 terms
Qualifications: provided that the terms are not consecutive.
1. Natural-born citizen
2. At least 35 years old on the day of the
election 2. House of Representatives
3. Able to read and write (Art. VI Secs. 5-8)
4. A registered voter Composition: Not more than 250 members,
5. Resident of the Philippines for at least 2 unless otherwise provided by law, consisting of:
years immediately preceding the day of the
election i. District Representatives
elected from legislative districts
Term of Office: 6 years, commencing at noon
apportioned among the provinces, cities,
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

and the Metro Manila area. of nominees by the respective


Rules on Apportionment of Legislative sectors. (Art. XVIII, sec. 7)
Districts: 11
1. Proportional representation based Sec. 41, RA 7160 (An Act Providing for a Local Government

CONSTITUTIONAL LAW I
on number of inhabitants Code of 1991): Manner of Election.
a. Each city with a population of
at least 250,000, or each (c) In addition thereto, there shall be one (1) sectoral
representative from the women, one (1) from the workers,
province, shall have at least 1 and one (1) from any of the following sectors: the urban
representative. Each province, poor, indigenous cultural communities, disabled persons, or
irrespective of the number of any other sector as may be determined by the sanggunian
inhabitants, shall have at least concerned within ninety (90) days prior to the holding of the
1 representative. next local elections, as may be provided for by law. The
b. Each legislative district shall Comelec shall promulgate the rules and regulations to
comprise, as far as practicable, effectively provide for the election of such sectoral
contiguous, compact, and representatives.
adjacent territory.
Qualifications of Representatives:
2. Re-apportionment by Congress
1. Natural-born citizens
within 3 years after the return of
2. At least 25 years old on the day of
each census
the election
ii. Party-List Representatives 3. Able to read and write
20% of the total number of 4. Registered voter in the district he
representatives seeks to represent
chosen indirectly through a party 5. A resident of the said district for at
selected by voters least 1 year immediately preceding
RA 7941 (An Act Providing For The the day of the election.
Election Of Party-List Representatives Term of Office: 3 years, commencing
Through The Party-List System, And th
at noon on the 30 day of June next
Appropriating Funds Therefor) following their election.
o Parties, organizations, and
coalitions must obtain at least 2% of In B.P. Blg. 881 members of the legislature
all votes cast to obtain a party-list included in the enumeration of elective public
seat officials are to be considered resigned from
o Those garnering more than 2% are office from the moment of the filing of their
entitled to additional seats in certificates of candidacy for another office,
proportion to their total number of except for President and Vice-President. The
votes, but may not have more than term of office prescribed by the Constitution
3 seats may not be extended or shortened by the
o Disqualified: legislature, but the period during which an
1. Religious Sects officer actually holds the office (tenure) may
2. Foreign Organizations be affected by circumstances within or
3. Those Advocating Violence or beyond the power of said officer.
Unlawful Means Tenure may be shorter than the term or
o Qualified Sectors: it may not exist at all. These situations will
1. Labor not change the duration of the term of office.
2. Peasant [Dimaporo vs Mitra (1991)]
3. Fisherfolk
4. Urban Poor Term Limits: No member of the House
5. Indigenous Cultural of Representatives shall serve for more than
Communities 3 consecutive terms.
6. Elderly 3. Synchronized Terms of Office
7. Handicapped (Secs 1-2, Art XVIII)
8. Women
9. Youth
10. Veterans C. Election
11. Overseas Workers
12. Professionals 1. Regular Elections
iii. Sectoral Representatives Unless otherwise provided by law, the
regular election of the Senators and the
For 3 consecutive terms from 2
February 1987, 25 seats shall be Members of the House of Representatives
allotted to sectoral representatives. shall be held on the second Monday of May.
(Sec 8, Art VI)
to be chosen by appointment or
election, as may be provided by law 2. Special Election
Until a law is passed, they are In case of vacancy in the Senate or in the
appointed by the President from a list House of Representatives, a special election
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

may be called to fill such vacancy in the Each House of the Congress can discipline its
manner prescribed by law, members for disorderly conduct or behavior.
But the Senator or Member of the House of What constitutes disorderly behavior is 12
Representatives thus elected shall serve entirely up to Congress to define.

CONSTITUTIONAL LAW I
only for the unexpired term. (Sec 9, Art VI) Although a member of Congress shall not be
held liable in any other place for any speech or
The Constitution mandates that there should debate in the Congress or in any committee
always be adequate representation for every thereof, such immunity, although absolute in its
province or legislative district. If a vacancy protection of the member of Congress against
occurs in a manner contemplated in the suits for libel, does not shield the member
Constitution, then Congress has the authority if against the disciplinary authority of the
not the duty to call for special elections. Congress. [Osmena v. Pendatun, (1960)]
[Lozada v. COMELEC, (1983)]
4. Disqualifications
D. Salaries, Privileges and Disqualifications May not hold any other office or employment
in the government during his term without
1. Salaries forfeiting his seat. (Art VI Sec 13)
The salaries of Senators and Members of May not be appointed to any office created
the House of Representatives shall be or the emoluments thereof were increased
determined by law. during the term for which he was elected.
No increase in said compensation shall take (Art VI Sec 13)
effect until after the expiration of the full term Cannot personally appear as counsel before
of all the Members of the Senate and the any court, electoral tribunal, quasi-judicial
House of Representatives approving such and administrative bodies during his term of
increase. [Ligot v. Mathay, (1974)] office. (Art VI Sec 14)
Shall not be financially interested, directly or
Official Annual Salary indirectly, in any contract with, or franchise
President Php 300,000 or special privilege granted by the
Vice-President, President of Php 240,000 government during his term of office. (Art VI
the Senate, Speaker of the
Sec 14)
House of Representatives,
and Chief Justice of the Shall not intervene in any matter before any
Supreme Court office of the government when it is for his
Senators, Members of the Php 204,000 pecuniary benefit or where he may be called
House of Representatives, upon to act on account of his office. (Art VI
Associate Justices of the Sec 14)
Supreme Court, and
Chairmen of the Certain salient circumstances militate against the
Constitutional Commissions intervention of Assemblyman Fernandez in the
Members of the Php 180,000 SEC Case.
Constitutional Commissions He had acquired a mere P200.00 worth of
stock in IPI, representing ten shares out of
2. Freedom from arrest 262,843 outstanding shares.
(Art VI Sec 11, 1987 Constitution) He acquired them after the contested
A Senator or Member of the House of election of Directors, after the quo warranto suit
Representatives shall, in all offenses had been filed before SEC, and one day before
punishable by not more than six years the scheduled hearing of the case before the
imprisonment, be privileged from arrest while SEC.
the Congress is in session. Before he moved to intervene, he had
No Member shall be questioned nor be held signified his intention to appear as counsel for
liable in any other place for any speech or respondent, but which was objected to by
debate in the Congress or in any committee petitioners. Realizing, perhaps, the validity of the
thereof. objection, he decided, instead, to "intervene" on
3. Speech and Debate Clause the ground of legal interest in the matter under
In this case, a clarification of the scope and litigation.
limitation of the parliamentary immunity was Under those facts and circumstances that
made. There was reiteration that, there has been an indirect "appearance as
counsel before ... an administrative body" and
First, Congressional immunity is a guarantee that is a circumvention of the Constitutional
of immunity from answerability before an outside prohibition.
forum but not from answerability to the The "intervention" was an afterthought to
disciplinary authority of congress itself; enable him to appear actively in the proceedings
Second, to come under the guarantee the in some other capacity. [Puyat v De Guzman,
speech or debate" must be one made "in (1982)]
Congress or in any committee thereof." [Jimenez
v. Cabangbang, (1966)]
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

5. Duty to Disclose members of the House" and a majority of "the


A public officer or employee shall, upon House", the latter requiring less number than the
assumption of office and as often as may be first. Therefore, an absolute majority (12) of all 13
required by law, submit a declaration members of the Senate less one (23) constitutes

CONSTITUTIONAL LAW I
under oath of his assets, liabilities, and constitutional majority of the Senate for the
net worth. purpose of the quorum. [Avelino v. Cuenco,
Cases wherein declaration shall be disclosed (1949)]
to the public in the manner provided by law:
o President 3. Rules of Proceedings
o Vice-President
o the Members of the Cabinet Each House shall determine its own procedural
o the Congress rules.
o the Supreme Court Issues may either be:
o the Constitutional Commissions and o Political- On matters affecting only internal
other constitutional offices operation of the legislature, the legislatures
o officers of the armed forces with formulation and implementation of its rules.
general or flag rank (Art XI Sec 17) o Justiciable - when the legislative rule affects
All Members of the Senate and the House of private rights.
Representatives shall, upon assumption of
4. Discipline of Members
office, make a full disclosure of their financial
and business interests. Each house may punish its members for
o They shall notify the House concerned disorderly behavior, and with the concurrence of
of a potential conflict of interest that may 2/3 of ALL its members:
arise from the filing of a proposed 1. Suspension (shall not exceed 60 days)
legislation of which they are authors. 2. Expulsion
(Art VI Sec 12) Other disciplinary measures:
The records and books of accounts of the 1. deletion of unparliamentary remarks from the
Congress shall be preserved and be open to record
the public in accordance with law, 2. fine
o such books shall be audited by the 3. imprisonment
Commission on Audit which shall 4. censure
publish annually an itemized list of
amounts paid to and expenses incurred Senate expelled Senator Alejandrino for
for each Member. (Art VI Sec 20) disorderly conduct for assaulting Senator de Vera
during one of their debates in session. Senate
E. Internal Government of Congress adopted a resolution depriving Senator
Alejandrino of all the prerogatives, privileges
1. Election of officers and emoluments of his office for the period of
Officers: one year.
The Court held that the resolution was illegal
1. Senate President
since it amounted to expulsion and it would
2. Speaker of the House
deprive the electoral district of representation
3. Such officers as deemed by each house to be
without any means to fill the vacancy. The
necessary
Senate had no authority to suspend an appointed
Election of Officers: By a majority vote of all Senator like Senator Alejandrino. [Alejandrino v.
respective members Quezon, (1924)]

2. Quorum 5. Journal and Congressional Records


Majority of each House shall constitute a a. The Enrolled Bill Theory
quorum. An enrolled bill is the official copy of
A smaller number may adjourn from day to day approved legislation and bears the
and may compel the attendance of absent certifications of the presiding officers of each
members. House.
In computing a quorum, members who are where the certifications are valid and are not
outside the country, thus outside of each Houses withdrawn, the contents of the enrolled bill
coercive jurisdiction, are not included. are conclusive upon the courts.
Majority refers to the number of members
within the jurisdiction of the Congress (those RATIONALE OF ENROLLED BILL
it can order arrested for the purpose of THEORY- An enrolled Act in the custody of
questioning). In this case, one Senator was out of the Secretary of State, and having the official
the Philippines which is not within the attestations of the Speaker of the House of
jurisdiction of the Senate, so that the working Representatives, of the President of the
majority was 23 Senators. Senate, and of the President of the United
There is a difference between a majority of "all States, carries, on its face, a solemn
assurance by the legislative and executive
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

departments of the government, charged, records of Congress for proof of its due
respectively, with the duty of enacting and enactment. [Astorga v. Villegas, (1974)]
executing the laws, that it was passed by 14
Congress. The respect due to coequal and e. Congressional Record

CONSTITUTIONAL LAW I
independent departments requires the
judicial department to act upon that 6. Sessions
assurance, and to accept, as having passed a. Regular Sessions
Congress, all bills authenticated in the

th
Convenes once every year on the 4
manner stated; leaving the courts to
Monday of July.
determine, when the question properly
Continues to be in session until 30 days
arises, whether the Act, so authenticated, is
before the start of its next regular session,
in conformity with the Constitution [Astorga
exclusive of Saturdays, Sundays, and legal
vs Villegas, (1974) citing Field vs. Clark].
holidays.
Respect due to a co-equal department b. Special Sessions
requires the courts to accept the certification Called by the President at any time when
of the presiding officer of the legislative Congress is not in session
body. [Casco vs Gimenez (1963)]
c. Adjournments
A duly authenticated bill or resolution imports Neither House can adjourn for more than 3
absolute verity and is binding on the days during the time Congress is in session
courts.[Mabanag v. Lopez Vito, (1947)] without the consent of the other House.
Neither can they adjourn to any other place
b. Probative value of the Journal than that where the two houses are sitting,
The Journal is conclusive upon the courts. without the consent of the other.
But when the contents of the journal conflicts d. Joint Sessions
with that of an enrolled bill, the enrolled bill Voting separately
prevails over the contents of the journal. Choosing the President (Sec. 4, Art VII)
Congress may validly continue enacting Determining the Presidents temporary
bills even beyond the reglementary disability (Id., Sec. 11, Par 4)
period of adjournment. When the Confirming the nomination of a Vice-
journal shows that Congress conducted President (Id., Sec. 9)
a sine die session where the hands of Declaring a state of war (Sec. 23(1), Art
the clock are stayed in order to afford VI)
Congress the opportunity to continue its Amending the Constitution (Sec. 1(1),
session. All bills enacted during the Art XVII)
sine die session are valid and Voting Jointly
conclusive upon the Courts. To revoke or extend martial law or
The Journals are conclusive suspension of privilege of habeas
evidence of the contents thereof and corpus (Sec. 18 Art VII)
Courts are bound to take judicial
notice of them. [US vs Pons (1916)] F. Electoral Tribunals
c. Matters required to be entered in the Journal 1. Composition
Yeas and Nays on third and final reading of
a bill 3 Supreme Court Justices to be designated by
Veto message of the President the Chief Justice (The senior Justice in the
Yeas and Nays on the repassing of a bill Electoral Tribunal shall be its Chairman).
vetoed by the President 6 Members of the Senate or House, as the case
Yeas and Nays on any question at the may be, chosen on the basis of proportional
request of 1/5 of members present. representation from the political parties and
party-list organizations.
d. Journal Entry Rule v. Enrolled Bill Theory The ET shall be constituted within 30 days after
the Senate and the House shall have been
It may be noted that the enrolled bill theory is
organized with the election of the President and
based mainly on "the respect due to coequal
the Speaker.
and independent departments," which
requires the judicial department "to accept, Members chosen enjoy security of tenure and
as having passed Congress, all bills cannot be removed by mere change of party
affiliation.
authenticated in the manner stated." Thus it
has also been stated in other cases that if
The five LDP members who are also members
the attestation is absent and the same is not
of the Senate Electoral Tribunal may not inhibit
required for the validity of a statute, the
themselves since it is clear that the Constitution
courts may resort to the journals and other
intended legislative and judiciary membership to
the tribunal. As a matter of fact, the 2:1 ratio of
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

legislative to judiciary indicates that represents in the tribunal;


legislative membership cannot be ignored. o Removal from office for other valid reasons.
To exclude themselves is to abandon a duty 15
that no other court can perform. [Abbas vs 4. Powers

CONSTITUTIONAL LAW I
SET (1988)]
Lazatin v. HRET, (1988)
2. Nature of Function The HRET will only gain jurisdiction upon
proclamation of the candidate. Until such
Jurisdiction: be the sole judge of all CONTESTS proclamation, he is not yet a member of the
relating to the election, returns, and qualifications House; hence, the HRET will not have jurisdiction
of their respective members. ET has jurisdiction over him. Jurisdiction over such remains with
only when there is an election contest. the COMELEC.
Election Contest - one where a defeated
candidate challenges the qualification and claims As constitutional creations invested with
for himself the seat of a proclaimed winner. necessary power, the Electoral Tribunals are, in
the exercise of their functions independent
The Electoral Tribunal of each House is the organs independent of Congress and the
SOLE judge of all contests relating to the Supreme Court. The power granted to HRET by
election, returns, and qualifications of the the Constitution is intended to be as complete
members of Congress. and unimpaired as if it had remained originally in
In the absence of election contest, the the legislature [ Co vs HRET (1991) citing Angara
Electoral Tribunal has no jurisdiction. vs. Electoral Commission [1936]).
The Electoral Tribunals are independent 5. Judicial Review of Decisions of Electoral
constitutional bodies and cannot be regulated by Tribunals
Congress.
Supreme Court has jurisdiction over the With the SC only insofar as the decision or
Electoral Commission and the subject matter of resolution was rendered
the present controversy for the purpose of o without or in excess of jurisdiction, or
determining the character, scope and extent o with grave abuse of discretion tantamount to
of the constitutional grant to the Electoral denial of due process.
Commission as "the sole judge of all contests
relating to the election, returns and qualifications To question the jurisdiction of the lower court or
of the members of the National Assembly." the agency exercising judicial or quasi-judicial
[Angara vs Electoral Commission (1936)] functions, the remedy is a special civil action
for certiorari under Rule 65 of the Rules of
3. Independence of the Electoral Tribunals Court. The petitioner in such cases must clearly
Since the ETs are independent constitutional show that the public respondent acted without
bodies, independent even of the respective jurisdiction or with grave abuse of discretion
House, neither Congress nor the Courts may amounting to lack or excess of jurisdiction. Grave
interfere with procedural matters relating to the abuse of discretion defies exact definition, but
functions of the ETs. [Co vs HRET, (1991)] generally refers to "capricious or whimsical
exercise of judgment as is equivalent to lack of
The HRET was created to function as a
jurisdiction. The abuse of discretion must be
nonpartisan court although two-thirds of its
patent and gross as to amount to an evasion of
members are politicians. It is a non-political body
positive duty or a virtual refusal to perform a duty
in a sea of politicians.
enjoined by law, or to act at all in contemplation
To be able to exercise exclusive jurisdiction,
of law, as where the power is exercised in an
the House Electoral Tribunal must be
arbitrary and despotic manner by reason of
independent. Its jurisdiction to hear and decide
passion and hostility. [Garcia vs HRET (1999)]
congressional election contests is not to be
shared by it with the Legislature nor with the
Courts. "The Electoral Commission is a body G. Commission on Appointments
separate from and independent of the legislature (Sec, Art VII)
and though not a power in the tripartite scheme
of government, it is to all intents and purposes, 1. Composition:
when acting within the limits of its authority, an
independent organ; while composed of a a. Senate President as ex-officio chairman (shall
majority of members of the legislature it is a not vote except in case of a tie.)
body separate from and independent of the b. 12 Senators
legislature. [Bondoc v. Pineda, (1991)] c. 12 Members of the House
The 12 Senators and 12 Representatives are elected
Valid grounds / Just cause for termination of on the basis of proportional representation from
membership to the tribunal. the political parties and party-list organizations.
o Expiration of Congressional term of office;
o Death or permanent disability;
o Resignation form political party which one
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

The authority of the House of Representatives to COMELEC members);


change its representation in the Commission on
Appointments to reflect at any time the changes b. Congress cannot by law require that the
appointment of a person to an office created by
16
that may transpire in the political alignments of its
such law shall be subject to confirmation by the

CONSTITUTIONAL LAW I
membership. It is understood that such changes
in membership must be permanent and do not Commission on Appointments.
include the temporary alliances or factional c. Appointments extended by the President to the
divisions not involving severance of political above-mentioned positions while Congress is
loyalties or formal disaffiliation and permanent not in session shall only be effective until
shifts of allegiance from one political party to disapproval by the Commission on
another. [Daza vs SIngson (1989) Appointments or until the next adjournment
The provision of Section 18 on proportional of Congress.
representation is mandatory in character and
does not leave any discretion to the majority H. Powers of Congress
party in the Senate to disobey or disregard the
rule on proportional representation RATIONALE: 1. General
The party with a majority representation in the (Sec Art VI)
Senate or the house of Representatives can by
sheer force of numbers impose its will on the a. Legislative Powers: (Scope: vested in
hapless minority. Congress by the Constitution except to the
By requiring a proportional representation in extent reserved to the people by the
the Commission on Appointments, Section 18 in provision on initiative and referendum).
effect works as a check on the majority party in powers of appropriation, taxation and
the Senate and helps to maintain the balance of expropriation
power. No party can claim more than what it is authority to make, frame and enact laws
entitled to under such rule. [Guingona, Jr. vs b. Non-legislative Powers (Scope)
Gonzales, (1993)]
power to canvass the presidential
elections;
The Commission on Appointments shall be
declare the existence of war;
constituted within 30 days after the Senate and
give concurrence to treaties and
the House of Representative shall have been
amnesties;
organized with the election of the President and
the Speaker. propose constitutional amendments;
impeach;
The Commission on Appointments shall act on all
appointments within 30 session days from their derivative and delegated power;
submission to Congress. implied powers such as the power to
The Commission on Appointments shall rule by a punish contempt in legislative
majority vote of all its members. investigations.
2. Specific Powers
2. Meetings
a. Constituent power
Commission on Appointments shall meet only b. Legislative Inquiries
while Congress is in session. c. Appropriation
Meetings are held either at the call of the d. Taxation
Chairman or by a majority of all its members. e. Concurrence in treaties and international
Since the Commission on Appointments is also agreements
an independent constitutional body, its rules of f. War powers and delegations powers
procedure are also outside the scope of
congressional powers as well as that of the 3. Inherent Powers
judiciary.
a. Police Power
3. Jurisdiction Make, ordain, and establish all manner
of wholesome and reasonable laws,
a. Commission on Appointments shall confirm the statutes and ordinances as they shall
appointments by the President with respect to the judge for the good and welfare of the
following positions: constituents.
Heads of the Executive Departments (except Includes maintenance of peace and
if it is the Vice-President who is appointed to order, protection of life, liberty and
the post); property and the promotion of general
Ambassadors, other public ministers or welfare
consuls; b. Power of Taxation
Officers of the AFP from the rank of Colonel c. Power of Eminent Domain
or Naval Captain; d. Contempt power
Other officers whose appointments are
vested in him by the Constitution (e.g. 4. Limitations:
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

a. Formal or Procedural Limitations appropriating money for a valid secular


Prescribes the manner of passing bills in purpose, even if it incidentally benefits a
the form they should take religion, e.g. appropriations for a 17
Limitations provided by Sec 26, Art VI national police force is valid even if the

CONSTITUTIONAL LAW I
o Every bill passed by the Congress police also protects the safety of
shall embrace only one subject clergymen.
which shall be expressed in the title o Also, the temporary use of public
o No bill passed by either house shall property for religious purposes is valid,
become law unless it has passed 3 as long as the property is available for
readings on separate days all religions.
o Printed copies in its final form have
been distributed to its members 3 Specific Limitations
days before the passage of the bill o For General Appropriations Bills
1. Congress may not increase the
Exception: president certifies to
appropriations recommended by
the necessity of its immediate
the President for the operation of
enactment to meet a public
the Government as specified in the
calamity or emergency
budget.
b. Substantive Limitations 2. Form, content and manner of
Circumscribe both the exercise of the preparation of the budget shall be
power itself and the allowable subject of prescribed by law.
legislation 3. No provision or enactment shall be
Express limitations: embraced in the general
o Sec 24-26, 28-30, Art VI appropriations bill unless it relates
Express limitations on general powers specifically to some particular
o Bill of rights appropriation therein.
Implied Limitations 4. Procedure in approving
o No power to pass irrepealable law appropriations FOR THE
o Non-encroachment on powers of CONGRESS shall strictly follow the
other departments procedure for approving
o Non-delegability of powers appropriations for other
departments and agencies.
5. Discussion of Specific Powers 5. No law shall be passed authorizing
any transfer of appropriations.
a. Constituent Powers However, the following may, BY
Power to propose amendments to the LAW, be authorized to AUGMENT
Constitution any item in the general
appropriations law for their
b. Legislative Inquiries (Sec 21, Art VI)
respective offices from savings in
Requisites:
other items of their respective
o Must be in aid of legislation
appropriations:
o In accordance with duly published rules
of procedure i. President
o Right of persons appearing in or ii. Senate President
affected by such inquiries shall be iii. Speaker of the House
respected iv. Chief Justice of the Supreme
Additional limitation: Executive Privilege Court
(Refer to Chap 4, III) v. Heads of the Constitutional
Commissions
c. Appropriation
General Limitations: Guidelines for disbursement of
o Appropriations must be for a PUBLIC DISCRETIONARY FUNDS appropriated
PURPOSE. FOR PARTICULAR OFFICIALS:
o Cannot appropriate public funds or i. For public purposes
property, directly or indirectly, in favor of ii. To be supported by appropriate
1. Any sect, church, denomination, or vouchers
sectarian institution or system of iii. Subject to such guidelines as may be
religion or prescribed by law
2. Any priest, preacher, minister, or
other religious teacher or dignitary If Congress fails to pass the general
as such. appropriations bill by the end of any
EXCEPT if the priest, etc is assigned to: fiscal year:
1. the Armed Forces; i. The general appropriations bill for the
2. any penal institution; previous year is deemed reenacted
3. government orphanage; ii. It shall remain in force and effect until
4. leprosarium the general appropriations bill is passed
o Government is not prohibited from by Congress.
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

o Progressivity.
o For Special Appropriations Bill 1. The rate increases as the tax base
1. Shall specify the purpose for which
it is intended
increases 18
2. Tax burden is based on the
2. Shall be supported by funds

CONSTITUTIONAL LAW I
taxpayers capacity to pay
actually available as certified by the 3. Suited to the social conditions of
National Treasurer or to be raised the people
by corresponding revenue proposal 4. Reflects aim of the Convention that
therein legislature following social justice
o Limitation on Use of Public Funds (Sec command should use taxation as
29, Art VI): an instrument for more equitable
1. No money shall be paid out of the distribution of wealth
National Treasury EXCEPT in o Constitutional Tax Exemptions:
pursuance of an appropriation 1. Religious, charitable, educational
made by law. institutions and their properties
2. However, this rule does not prohibit 2. All revenues and assets of NON-
continuing appropriations, e.g. for STOCK NON-PROFIT
debt servicing, for the reason that EDUCATIONAL institutions are
this rule does not require yearly or exempt from taxes and duties
annual appropriation. PROVIDED that such revenues and
assets are actually, directly and
o Four phases of Governments budgeting exclusively used for educational
process: purposes (sec. 4 (3) Art XIV).
1. Budget preparation 3. Grants, endowments, donations or
2. Legislative authorization contributions used actually,
3. Budget execution directly and exclusively for
4. Budget accountability educational purposes shall be
exempt from tax, subject to
d. Taxation (Sec 28, Art VI) conditions prescribed by law (sec. 4
Nature (4) Art XIV).
o Sec 28 is an enumeration of the limits o Special Funds
on the inherent and otherwise unlimited 1. Money collected on a tax levied for
power a special purpose shall be treated
as a special fund and paid out for
Purposes
such purpose only.
o Pay debts and provide for the common
2. Once the special purpose is fulfilled
defense and general warfare;
or abandoned, any balance shall be
o Raise revenue;
transferred to the general funds of
o Instrument of national and social policy;
the Government
o Instrument for extermination of
undesirable acts and enterprises; e. Concurrence in Treaties and international
o Tool for regulation; agreements (Sec 21, Art VII)
o Imposition of tariffs designed to Treaties and other international agreements
encourage and protect locally produced which are in the nature of original
goods against competition for imports. agreements of a permanent nature or which
establish national policy, or involve political
Limitations
issues or changes in national policies need
o Public. Power to tax should be
the concurrence of 2/3 of the members of
exercised only for a public purpose.
the Senate.
o Uniform and Equitable.
1. Operates with the same force and Executive agreements which are merely
effect in every place where the implementation of treaties or statutes or of
subject of it is found well-established policies or are of transitory
2. Does not prohibit classification for effectivity do not require Senate
the purpose of taxation concurrence.
3. Requirements for valid f. War Powers (Sec 23 (1), Art VI)
classification: Congress in joint session assembled and
i. Based on substantial voting separately shall have the sole power
distinctions which make real to declare the existence of war
differences Philippines renounces war as an instrument
ii. Germane to the purpose of law of national policy
iii. Applies to present and future Even though the legislature can declare
conditions substantially existence of war and enact measures to
identical to those of the present support it, the actual power to make war is
iv. Applies equally to those who lodged nonetheless in the executive
belong to the same class
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

6. Delegation of Powers RA 7716 (EVAT Law) did not violate Sec. 24, Art.
VI (Origination Clause). It is important to
a. General rule: Congress cannot delegate its
legislative power (Potestas delegate non
emphasize that it is the law, and not the bill, 19
which is required to originate exclusively

CONSTITUTIONAL LAW I
potest delegare) from the HoR, because the bill may undergo
b. Exceptions such extensive changes in the Senate that the
1. Delegation of tariff powers to the result may be the rewriting of the whole.
President (Art VI sec. 28(2)). To insist that a revenue statute, and not just the bill,
2. Delegation of emergency powers to the must be substantially the same as the House bill
President (Art VI sec. 23(2)). would be to deny the Senates power not only to
o Preconditions: concur with amendments but also to propose
i. Limited time period amendments. It would violate the co-equality of
CA 671 passed delegative legislative power of the Senate. [Tolentino vs.
emergency powers to the Secretary of Finance (1994)]
president in times of war and
other national emergencies. B. Procedure for the Passage of Bills
Since said grant was given to
meet the emergencies i. Procedure for Enactment:
incidental to the war, such
powers ceased at the time the Introduction: must be by any member of the
war stopped House of Representatives or Senate except for
some measures that must originate only from the
ii. Power may be withdrawn by
former chamber
resolution, not necessary that it
be done through statute First reading: The reading of the title and the
iii. Subject to restrictions as the number; the bill is passed by the Senate
congress may provide President or Speaker to the proper committee
3. Delegation to the people at large.
4. Delegation to local governments. Second reading: Entire text is read and debates
5. Delegation to administrative bodies are held, and amendments introduced.
(rule-making power). The bill as approved in the second reading is
printed in its final form and copies are distributed
Tests for a Valid Delegation three days before the third reading
1. The Completeness Test Third reading: Only the title is read, no
The law must be complete in all its terms and amendments are allowed. Vote shall be taken
conditions when it leaves the legislature so that immediately thereafter and the yeas and nays
there will be nothing left for the delegate to do entered in the journal.
when it reaches him except enforce it.
Sent to the other chamber: once the bill passes
2. The Sufficient Standard Test the third reading, it is sent to the other chamber
The law must fix a standard, the limits of which where it will also go under three readings
are sufficiently determinate or determinable, to
which the delegate must conform in the Enrolled Bill: The bill is printed as finally
performance of his functions. [Pelaez vs. Auditor approved by the Congress, authenticated with
General, (1965)] the signatures of the Senate President or the
Speaker and the Secretary and approved by the
7. Legislative Process President
A. Bills that Must Originate EXCLUSIVELY from
ii. Submission to the President; Presidents Veto
the House of Representatives
power (Sec 27, Art VI)
(Sec. 24, Art VI):
Every bill, in order to become a law, must be
i. Appropriation bills (A bill appropriating a sum of presented to and signed by the President.
money from the public treasury.) A bill creating a If the President does not approve of the bill,
new office, and appropriating funds therefor is he shall veto the same and return it with his
NOT an appropriation bill. objections to the House from which it
ii. Revenue bills (A bill specifically designed to raise originated. The House shall enter the
money or revenue through imposition or levy.) objections in the journal and proceed to
iii. A law regulating an industry, though incidentally reconsider it.
imposing a tax, does not make the law a revenue The President must communicate his
bill. decision to veto within 30 days from the date
iv. Tariff bills of receipt thereof. If he fails to do so, the bill
shall become a law as if he signed it.
v. Bills authorizing the increase of public debt
To override the veto, at least 2/3 of ALL the
vi. Bills of local application
members of each House must agree to pass
vii. Private bills the bill. In such case, the veto is overridden
and becomes a law without need of
presidential approval.
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

8. Initiative and Referendum


Item veto (Sec 32, Art VI)
o The President may veto particular items in an
appropriation, revenue or tariff bill.
20
a. Limited only to the proposal of amendments
o This veto will not affect items to which he does

CONSTITUTIONAL LAW I
b. Requirements for peoples initiative:
not object. 12 % of the total number of registered voters
at least 3% of all registered voters in every
Veto of a Rider
district should be represented
o A rider is a provision which does not relate to a
c. No amendments shall be authorized within 5
particular appropriation stated in the bill.
years following the ratification of the new
o Since it is an invalid provision under Section
Constitution.
25(2), the President may veto it as an item.
The right of the people to directly propose
The executive's veto power does not carry amendments to the Constitution through the
with it the power to strike out conditions or system of initiative would remain entombed in the
restrictions. If the veto is unconstitutional, it cold niche of the Constitution until Congress
follows that the same produced no effect provides for its implementation. Stated otherwise,
whatsoever, and the restriction imposed by the while the Constitution has recognized or granted
appropriation bill, therefore, remains. [Bolinao that right, the people cannot exercise it if
Electronics Corp vs Valencia, (1964)] Congress, for whatever reason, does not
provide for its implementation.
DOCTRINE OF INAPPROPRIATE
PROVISIONS- A provision that is constitutionally Held: RA 6735 is incomplete, inadequate, or wanting
inappropriate for an appropriation bill may be in essential terms and conditions insofar as initiative
singled out for veto even if it is not an on amendments to the Constitution is concerned.
appropriation or revenue item. [Gonzales vs
Macaraig, (1990)] The court cited the following reasons:
1. Sec 2 of the Act does not suggest an initiative on
The Constitution provides that only a particular amendments to the Constitution. The inclusion of
item or items may be vetoed. The power to the word "Constitution" therein was a delayed
disapprove any item or items in an appropriate afterthought. That word is neither germane nor
bill does not grant the authority to veto a part of relevant to said section.
an item and to approve the remaining portion of 2. Unlike in the case of the other systems of
the same item. [Bengzon vs. Drilon, (1992)] initiative, the Act does not provide for the
contents of a petition for initiative on the
The terms item and provision in budgetary Constitution.
legislations and practice are concededly different. An While the Act provides subtitles for National
item in a bill refers to the particulars, the details, the Initiative and Referendum and for Local Initiative
distinct and severable parts . . . of the bill. It is an and Referendum, no subtitle is provided for
indivisible sum of money dedicated to a stated initiative on the Constitution. Also, while RA 6735
purpose. An 'item' of an appropriation bill means an exerted utmost diligence and care in providing for
item which in itself is a specific appropriation of the details in the implementation of initiative and
money, not some general provision of law, which referendum on national and local legislation, it
happens to be put into an appropriation bill.'" failed, rather intentionally, to do so on the system
of initiative on amendments to the Constitution.
The president cannot veto unavoidable obligations [Santiago vs Comelec, (1997)]
such as the payment of pensions which has already
been vested by the law. The veto is invalid since it is The court cited the following reasons for holding
violated the separation of property and the judiciarys that there was failure to comply with 2, Art.XVII
fiscal autonomy. of the Constitution: (a) the initiative petition did
C. Effectivity of Laws not present the full text of the proposed
amendments; and (b) the proposed changes
Article 2 (CC) constituted revision not amendment. The
Laws shall take effect after fifteen days following the essence of amendments directly proposed by
completion of their publication in the Official Gazette, unless the people through initiative upon a petition
it is otherwise provided. This code shall take effect one year is that the entire proposal on its face is a
after such publication. petition by the people. This means two
essential elements must be present. First, the
unless otherwise provided this phrase refers to
people must author and thus sign the entire
the date of effectivity, and not to the very act of
proposal. No agent or representative can sign on
publication. Complete publication is
their behalf. Second, as an initiative upon a
indispensable.
petition, the proposal must be embodied in a
Executive Order No. 200 (June 18, 1987): petition. Further, a peoples initiative could only
Amended Art II of CC to include any newspaper propose amendments not revisions. Only
of general circulation as a means of publication Congress or a constitutional convention can
other than the Official Gazette propose both amendments and revisions to the
Constitution. A change in the form of government
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

from presidential and bicameral Congress to Essential Requisites for Judicial Review
parliamentary and unicameral legislature a. Actual case or controversy
constitutes revision and not merely amendment. This means that there must be a genuine 21
[Lambino v Comelec, (2006)] conflict of legal rights and interests which

CONSTITUTIONAL LAW I
can be resolved through judicial
determination. [John Hay vs. Lim, (2003)]
II. Judiciary
(Asked 28 times in the Bar) This precludes the courts from entertaining the
following:
A. In General i. Request for an advisory opinion [Guingona
vs. CA, (1998)]
1. Judicial Power v. Judicial Review ii. Cases that are or have become moot and
(Asked 6 times in the Bar) academic, unless ---
JUDICIAL POWER JUDICIAL REVIEW
capable of repetition yet evading review
Where Supreme Court Supreme Court [Alunan III v. Mirasol, (1997); Sanlakas
vested Lower courts Lower courts v. Executive Secretary, (2004)]; or
Definition Duty to settle actual Power of the courts when the court feels called upon to
controversies to test the validity exercise its symbolic function and
involving rights of executive and provide future guidance [Salonga v.
which are legally legislative acts in Pao, (1985)]
demandable and light of their
enforceable, and to conformity with the b. Standing: NOT the same as real party in interest
determine whether Constitution A proper party is one who has sustained or is in
or not there has [Angara v. Electoral imminent danger of sustaining a direct injury as
been a grave abuse Commission
a result of the act complained of [NACHURA,
of discretion (1936)]
amounting to lack or citing IBP v. Zamora (2000)]. The alleged injury
excess of jurisdiction must also be capable of being redressed by a
on the part of any favorable judgment [Tolentino v. Comelec,
branch or (2004)].
instrumentality of the i. requires partial consideration of the merits of
Government [Art. the case in view of its constitutional and
VIII, Sec. 1, Par. 2]
public policy underpinnings [Kilosbayan vs
Requisites for Jurisdiction power 1. Appropriate
exercise to decide and hear a case: actual
Morato, (1995)]
case and execute a case or ii. may be brushed aside by the court as a
decision thereof controversy mere procedural technicality in view of
2. Standing: transcendental importance of the issues
personal and involved [Kilosbayan vs Guingona, (1994);
substantial Tatad vs DOE, (1995)]
interest
3. Question raised
iii. Who are proper parties?
at the earliest taxpayers, when public funds are
opportunity involved [Tolentino vs Comelec, (2004)]
4. Lis mota of the Government of the Philippines, when
case questioning the validity of its own laws
[People vs Vera, (1937)]
When the judiciary mediates to allocate
legislators, when the powers of
constitutional boundaries, it does not assert
Congress are being impaired [Philconsa
any superiority over the other departments; it
vs Enriquez, (1994)]
does not in reality nullify or invalidate an act of
citizens, when the enforcement of a
the legislature, but only asserts the solemn and
public right is involved [Taada vs
sacred obligation assigned to it by the
Tuvera, (1985)]
Constitution to determine conflicting claims of
authority under the Constitution and to c. Constitutional question must be raised at the
establish for the parties in an actual earliest possible opportunity, except:
controversy the rights which that instrument i. in criminal cases, at the discretion of the
secures and guarantees to them. This is in court
truth all that is involved in what is termed "judicial ii. in civil cases, if necessary for the
supremacy" which properly is the power of determination of the case itself
judicial review under the Constitution. [Angara v.
iii. when the jurisdiction of the court is involved
Electoral Commission, (1936)]
[NACHURA]
Functions of Judicial Review d. Decision on the constitutional question must be
a. Checking determinative of the case itself.
b. Legitimating
c. Symbolic [NACHURA] The reason for this is the doctrine of separation
of powers which requires that due respect be
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

given to the co-equal branches, and because of POLITICAL QUESTION JUSTICIABLE


the grave consequences of a declaration of CONTROVERSY
unconstitutionality. [De la Llana v. Alba, (1982)] XV, hence, it may be said
that in its political aspect,
22
which is what counts most,

CONSTITUTIONAL LAW I
Political Question Doctrine after all, said Article has
The term political question refers to: (1) matters been substantially complied
to be exercised by the people in their primary with, and, in effect, the 1973
political capacity; or (2) those specifically Constitution has been
delegated to some other department or constitutionally ratified.
particular office of the government, with
discretionary power to act. It is concerned with Effect of a Declaration of Unconstitutionality
issues dependent upon the wisdom, not legality, a. Orthodox view
of a particular measure. [Taada v. Cuenco, An unconstitutional act is not a law; it confers no
(1957)] rights; it imposes no duties; it affords no
protection; it creates no office; it is inoperative, as
In recent years, the Court has set aside this doctrine if it had not been passed at all.
and assumed jurisdiction whenever it found b. Modern view
constitutionally-imposed limits on the exercise of Pelaez v. Auditor General, (1965)
powers conferred upon the Legislative and Executive Certain legal effects of the statute prior to its
branches [BERNAS]. declaration of unconstitutionality may be
recognized. [NACHURA]
POLITICAL QUESTION JUSTICIABLE
CONTROVERSY
Alejandrino v. Quezon, Avelino v. Cuenco, (1949): 2. Appointment and Qualifications
(1924): The legislatures election of Senate President
exercise of disciplinary was done without the SC and CA RTC MTC/
power over its member is required quorum JUSTICE JUDGE MCTC
not to be interfered with by JUDGE
the Court. Citizenship Natural-
Vera v. Avelino, (1946): Taada v. Cuenco, (1957): born Filipino
inherent right of the The selection of the Filipino
legislature to determine who members of the Senate Age At least 40 At least At least
shall be admitted to its Electoral Tribunal is subject years old 35 years 30 years
membership to constitutional limitations. old old
Mabanag v. Lopez-Vito, Cunanan v. Tan, Jr., (1962): Experience 15 years or Has been engaged for
(1947): Proposal to amend The Commission on more as a at least 5 years in the
the Constitution is a highly Appointments is a judge or a practice of law* in the
political function performed constitutional creation and lower court Philippines or has held
by Congress in its sovereign does not derive its power or has public office in the
capacity. from Congress. been Philippines requiring
Osmea v. Pendatun, Gonzales v. Comelec, engaged in admission to the
(1960): disciplinary power of (1967); Tolentino v. the practice practice of law as an
the legislature Comelec, (1971): of law in indispensable requisite
abandoned Mabanag v. the Phils.
Lopez-Vito for the
Severino v. Governor- Lansang v. Garcia, (1971): same
General, (1910): Mandamus Suspension of the privilege period
and injunction could not lie of the writ of habeas corpus Tenure Hold office during good behavior until
to enforce or restrain a duty is not a political question. they reach the age of 70 or
which is discretionary become incapacitated to discharge
(calling a special local their duties
election). Characteristics Person of proven competence,
Montenegro v. Castaeda, Javellana v. Executive integrity, probity and independence
(1952): Authority to decide Secretary, (1973): WON the
whether the exigency has 1973 Constitution had been Practice of law is not confined to litigation.
arisen requiring the ratified in accordance with It means any activity in and out of court, which
suspension of the privilege the 1935 Constitution is requires the application of law, legal procedure,
of the writ of habeas corpus justiciable. knowledge, training and experience. [Cayetano v.
belongs to the President.
Monsod, (1991)]
Manalang v. Quitoriano,
(1954): Presidents
appointing power is not to 3. Disqualification from Other Positions or
be interfered with by the
Offices
Court.
Javellana v. Executive Art. VIII, Sec. 12. The Members of the Supreme Court and
Secretary, (1973): The of other courts established by law shall not be designated to
people may be deemed to any agency performing quasi-judicial or administrative
have cast their favorable functions.
votes in the belief that in
doing so they did the part
required of them by Article
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

The issue concerns the legal right of the any treaty, international or executive agreement, law,
members of the SC, sitting as a board of presidential decree, proclamation, order, instruction,
arbitrators, the decision of a majority of whom ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost,
23
shall be final, to act in that capacity.
assessment, or toll, or any penalty imposed in relation

CONSTITUTIONAL LAW I
It was held that the SC and its members thereto.
should not and cannot be required to exercise (c) All cases in which the jurisdiction of any lower court
any power or to perform any trust or to assume is in issue.
any duty not pertaining to or connected w/ the (d) All criminal cases in which the penalty imposed is
administering of judicial functions. [Meralco vs reclusion perpetua or higher.
Pasay Transportation Co., (1932)] (e) All cases in which only an error or question of law is
involved.
A judge in the CFI shall not be detailed with the
Department of Justice to perform administrative
iii. Congressional power vis--vis SC
functions as this contravenes the doctrine of Art. VIII, Sec. 2. The Congress shall have the power to
separation of powers. [Garcia vs Macaraig, define, prescribe, and apportion the jurisdiction of the
(1972)] various courts [subject to the following
conditions/limitations:

4. Grounds Removal from Office on a. It may not increase or decrease the


Impeachment of Members of the SC appellate jurisdiction of SC
(Art. XI, Sec. 2) b. It may not pass a law reorganizing the
Judiciary when it undermines the security of
i. Culpable violation of the Constitution tenure of the Members of the latter
ii. Treason
iii. Bribery Section 27 of Republic Act No. 6770
(Ombudsman Act of 1989), together with
iv. Graft and corruption
Section 7, Rule III of Administrative Order
v. Other high crimes
No. 07 (Rules of Procedure of the Office of
vi. Betrayal of public trust the Ombudsman), and any other provision of
law or issuance implementing the aforesaid
B. Supreme Court Act and insofar as they provide for appeals
in administrative disciplinary cases from the
1. Composition Office of the Ombudsman to the Supreme
i. Chief Justice and 14 Associate Justices Court, are declared INVALID for increasing
the Courts appellate jurisdiction. However, it
ii. May sit en banc or in divisions of three, five, or
cannot be said that transfer of appellate
seven Members
jurisdiction to the CA is an act of creating a
iii. Vacancy shall be filled within 90 days from the new right of appeal because such power of
occurrence thereof the SC to transfer appeals to subordinate
appellate courts is purely a procedural and
2. Powers: Jurisdiction not a substantive power. [Fabian vs
Desierto, (1998)]
i. Original
a. Cases affecting ambassadors, other public
ministers and consuls [Art. VIII, Sec. 5(1)];
3. Other Powers
b. Petitions for certiorari, prohibition, i. Rule-making
mandamus, quo warranto, and habeas
corpus [Art. VIII, Sec. 5(1)]; Art. VIII, Sec. 5. The Supreme Court shall have the
c. Sole judge of all contests relating to the following powers:
election, returns, and qualifications of the xxx
(5) Promulgate rules concerning the protection and
President or Vice-President, and may
enforcement of constitutional rights, pleading, practice,
promulgate its rules for the purpose [Art. VII, and procedure in all courts, the admission to the
Sec. 4, par. 7]; practice of law, the integrated bar, and legal assistance
d. Sufficiency of the factual basis of the to the under-privileged.
proclamation of martial law or the
suspension of the privilege of the writ of The 1987 Constitution took away the power
habeas corpus or the extension thereof [Art. of Congress to repeal, alter, or supplement
VII, Sec. 18, par. 3]. rules concerning pleading, practice and
procedure. In fine, the power to
ii. Appellate promulgate rules of pleading, practice
and procedure is no longer shared by this
Art. VIII, Sec. 5. The Supreme Court shall have the
Court with Congress, more so with the
following powers:
xxx Executive. [Echegaray vs Secretary of
(2) Review, revise, reverse, modify, or affirm on appeal Justice, (1999)]
or certiorari, as the law or the Rules of Court may
provide, final judgments and orders of lower courts in:
(a) All cases in which the constitutionality or validity of
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

Limitations: When sitting as Presidential Electoral


a. Shall provide a simplified and inexpensive Tribunal [Art. VII, Sec. 4, par. 7]
procedure for speedy disposition of cases All other cases which under the Rules of 24
b. Uniform for all courts in the same grade Court are required to be heard by the

CONSTITUTIONAL LAW I
c. Shall not diminish, increase or modify SC en banc. [Id., Sec. 4(2)]
substantive rights
ii. In divisions
ii. Administrative Requirement and Procedures:
a. Assign temporarily judges of lower courts to With the concurrence of a majority of the
other stations as public interest may require; Members who actually took part in the
shall not exceed 6 months without the deliberations and voted
consent of the judge concerned In no case without the concurrence of at
b. Order a change of venue or place of trial to least three of such Members
avoid a miscarriage of justice; When required number is not obtained,
c. Appoint all officials and employees of the the case shall be decided en banc:
Judiciary in accordance with the Civil Service Provided: that no doctrine or principle of
Law; law laid down by the court in a decision
d. Supervision over all courts and the rendered en banc or in division may be
personnel thereof; modified or reversed except by the court
e. Discipline judges of lower courts, or order sitting en banc
their dismissal by a vote of a majority of the
Members who actually took part in the The Supreme Court sitting en banc is not an
deliberations on the issues in the case and appellate court vis--vis its Divisions. The
voted [en banc]. only constraint is that any doctrine or
principle of law laid down by the Court, either
4. Manner of Sitting and Required Votes rendered en banc or in division, may be
overturned or reversed only by the Court
i. En banc sitting en banc.[ Firestone Ceramics v. CA,
a. decided with the concurrence of a majority (2000)]
of the Members who actually took part in
the deliberations and voted. iii. Provisions of the Rules of Court
b. Instances when the SC sits en banc: (C-DD-
Rule 56, Sec. 7. Procedure if opinion is equally divided.
MM-PO) Where the court en banc is equally divided or the
Those involving the constitutionality, necessary majority cannot be had, the case shall again
application, or operation of: (TOIL- be deliberated on, and if after such deliberation no
PIPOO) decision is reached, the original action commenced
Treaty in the court shall be dismissed; in appealed cases,
Orders the judgment or order appealed from shall stand
affirmed; and on all incidental matters, the petition or
International or executive
motion shall de denied.
agreement
Law Rule 125, Sec. 3. Decision if opinion is equally
Presidential decrees divided. When the Supreme Court en banc is
Instructions equally divided or the necessary majority cannot
Proclamations be had on whether to acquit the appellant, the
Ordinances case shall again be deliberated upon and if no
Other regulations decision is reached after re-deliberation, the
Exercise of the power to discipline judgment of conviction of the lower court
judges of lower courts, or order their shall be reversed and the accused acquitted.
dismissal [Art. VIII, Sec. 11]
Cases or matters heard by a division 5. Requirements as to Decisions
where the required number of votes to (applicable also to lower collegiate courts)
decide or resolve (the majority of those
who took part in the deliberations on the i. Conclusions shall be reached in consultation
issues in the case and voted thereon before the case is assigned to a Member for the
and in no case less than 3 members) is writing of the opinion;
not met [Art. VIII, Sec. 4(3)] ii. Certification to this effect signed by the Chief
Modifying or reversing a doctrine or Justice shall be issued and a copy thereof
principle of law laid down by the court in attached to the record of the case and served
a decision rendered en banc or in upon the parties;
division [Art. VIII, Sec. 4(3)] iii. Any Member who took no part, or dissented, or
Actions instituted by citizen to test the abstained from a decision or resolution must
validity of a proclamation of martial law state the reason;
or suspension of the privilege of the writ iv. Decision shall clearly and distinctly express
[Art. VII, Sec. 18] the facts and the law on which it is based
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

No petition for review or MR of a decision Representative of the Integrated Bar (4


shall be refused due course or denied years)
without stating the legal basis Professor of Law (3 years) 25
The Court reminds all lower courts, lawyers, Retired Member of the SC (2 years)

CONSTITUTIONAL LAW I
and litigants that it disposes of the bulk of its Representative of the private sector (1
cases by minute resolutions and decrees year)
them as final and executory, as where a iii. Clerk of SC as Secretary ex officio
case is patently without merit, where the
issues raised are factual in nature, where the 2. Function
decision appealed from is supported by i. Recommending appointees to the Judiciary;
substantial evidence and is in accord with ii. Such other functions and duties as the SC
the facts of the case and the applicable laws, may assign.
where it is clear from the records that the
petition is filed merely to forestall the early
3. Procedure
i. Members of the SC and Judges of lower
execution of judgment and for non-
courts
compliance with the rules. The resolution
denying due course or dismissing the appointed by the Pres. from a list of at
petition always gives the legal basis. As least 3 nominees prepared by the JBC
emphasized in In Re: Wenceslao Laureta for every vacancy
(1987), The Court is not duty bound to no confirmation needed
render signed Decisions all the time. It has ii. Lower courts
ample discretion to formulate Decisions President shall issue the appointments
and/or Minute Resolutions, provided a within 90 days from the submission of
legal basis is given, depending on its the list
evaluation of a case. This is the only way
whereby it can act on all cases filed before it
and, accordingly discharge its constitutional III. Executive
functions. [Borromeo vs. Court of Appeals, (Asked 34 times in the Bar)
(1990)]
A. The President
6. Mandatory Period for Deciding Cases
1. Qualifications, Election, Term and Oath
SUPREME LOWER LOWER COURTS
COURT COLLEGIATE i. Qualifications (Sec. 2, Art VII)
COURTS natural-born citizen of the Philippines
24 months 12 months, unless 3 months, unless a registered voter
from date of reduced by SC reduced by SC able to read and write
submission
at least forty years of age on the day of the
Art. VIII, Sec. 15(3). Upon the expiration of the election
corresponding period, a certification to this effect signed by a resident of the Philippines for at least ten
the Chief Justice or the presiding judge shall forthwith be years immediately preceding such election.
issued and a copy therefor attached to the record of the case o residency and domicile mean the same
or matter, and served upon the parties. The certification shall thing under election law
state why a decision or resolution has not been rendered
o The ff must be taken into consideration:
or issued within said period.
1. bodily presence
Art. VIII, Sec. 15(4). Despite the expiration of the 2. animus manendi
applicable mandatory period, the court, without prejudice to 3. animus revertendi
such responsibility as may have been incurred in The candidate must be qualified on the day
consequence thereof, shall decide or resolve the case or of the elections.
matter submitted thereto for determination, without further
delay. ii. Term and Election (Sec. 4, Art VII)
Elected by direct vote of the people
C. Judicial and Bar Council Unless otherwise provided by law, the
regular election for President and Vice-
1. Composition President shall be held on the second
i. Ex Officio Members Monday of May.
Chief Justice as ex officio Chairman Canvassing of votes:
o Congress shall promulgate rules for
Secretary of Justice
canvassing of the certificates.
Representative of the Congress
o Board of canvassers duly certifies
ii. Regular Members
returns of every election for President
appointed by the President for a term of
and VP and transmits them to
4 years with the consent of the
Congress, directed to the Senate
Commission on Appointments but the
President.
term of those initially appointed shall be
staggered as to create continuity
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

o Senate President shall, not later than 30 The person who succeeds as
days after the day of election (2nd President and not just in an acting
Tuesday of June), open all certificates in capacity, could either be 26
the presence of the members of (i) the Vice-President, or

CONSTITUTIONAL LAW I
Congress in a joint public session. The (ii) one who was elected President
Congress, upon determination of the in a special election.
authenticity and due execution of the B. Vice President
certificates, shall canvass the votes. o shall not serve for more than 2
o The persons having the highest number successive terms.
of votes shall be proclaimed elected. In o a voluntary renunciation of office for
case of a tie, one of the candidates shall any length of time, shall not be
be chosen by the vote of a majority of all considered an interruption in the
the members of Congress, voting continuity of the service for the full terms
separately. for which he was elected. (par 2, Sec. 4,
o The Supreme Court en banc, shall be Art VII).
the sole judge of all contests relating to applicable beginning 1992, because
the election, returns, and qualifications of the Transitory Provisions. This
of the President, or VP, and may prohibition is similar to that
promulgate its rules for the purpose. applicable to Senators.
Regular Election and Term Canvassing of Election Returns
o The President and Vice-President (who shall o Congress acts as Board of Canvassers of
be elected with and in the same manner as every election for President and Vice-
the President) shall be elected by direct vote President.
of the people for a term of 6 years
o Term shall begin on the noon of June 30 Electoral Tribunal for the Election of the
next following the day of election. *The President and Vice- President
regular election for President and Vice- o The Supreme Court, sitting en banc, shall be
nd the sole judge of all contests relating to
President shall be held on the 2 Monday of
May. (Art. VII, Sec. 4 pars. 1 & 3). the election, returns, and qualifications of
the President or Vice-President, and may
Special Election and Term promulgate its rules for that purpose. (par 7,
o A special election to elect the President and Sec. 4, Art VII.)
Vice-President shall be called by Congress, while election controversies in the
pursuant to Art VII, Section 10, if Congress are under the exclusive
1. a vacancy occurs in the offices of jurisdiction of their respective Electoral
President and Vice- President Tribunals, those in the Executive are
2. more than 18 months under the Supreme Court itself.
3. before the date of the next regular
presidential election. iii. Oath of Office (Sec 5, Art VII)
o The failure of the SC to issue an injunction Before they enter into office, the President,
on time is a decision in itself in favor of the the Vice-President or the Acting President
validity of the law calling for Snap Elections shall take the following oath or affirmation:
despite the absence of vacancy. [Philippine
Bar Association, Inc. v COMELEC, (1985)] "I do solemnly swear (or affirm) that I will
o The Constitution is silent as to whether the faithfully and conscientiously fulfill my duties
persons elected in the special election shall as President (or Vice-President or Acting
serve only for the unexpired portion of the President) of the Philippines, preserve and
term. defend its Constitution, execute its laws, do
justice to every man, and consecrate to
Whether the new President can run for re- myself to the service of the Nation. So help
election if he has not served more than 4 me God." (In case of affirmation, last
years (Art VII, Section 4, par. 1) depends on sentence will be omitted.)
the construction of the phrase "has
succeeded as the President. 2. Privilege and Salary
Re-election o The President shall have an official residence.
A. President o The salaries of the President and Vice-President
o Not eligible for any re-election. shall be determined by law and shall not be
o No person who has "succeeded" as decreased during their tenure.
President and has served as such for No increase in said compensation shall take
more than 4 years, shall be qualified for effect until after the expiration of the term of
any election to the same office (the the incumbent during which such increase
Presidency) at any time. (par. 1 Sec. 4, was approved.
Art VII) Unless the Congress provides otherwise, the
President shall receive an annual salary of P
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

300,000 (Sec 17, Art XVIII) increased during the term for which he was
o They shall not receive during their tenure any elected
other emolument from the Government or any
(2.) Sec. 2, Art IX-A
27
other source.
No member of the Constitutional Commission

CONSTITUTIONAL LAW I
during his term, shall:
3. Prohibitions (Sec 13, Art VII) o hold any other office or employment.
o Prohibited acts: o engage in the practice of any profession or in
i. Hold any other office or employment during the active management or control of any
their tenure, unless otherwise provided in the business which in any way may be affected
Constitution by the functions of his office
ii. Directly or indirectly practice any other o be financially interested, directly or indirectly,
profession in any contract with, or in any franchise or
iii. Directly or indirectly participate in any privilege granted by the Government, any of
business its subdivisions, agencies, or
iv. Be financially interested in any contract with, instrumentalities, including government-
or in any franchise, or special privilege owned or controlled corporations or their
granted by the Government or any subsidiaries.
subdivision, agency or instrumentality
(3.) Sec. 7. Art IX B
thereof, including GOCCs or their
No elective official during his tenure shall:
subsidiaries.
o be eligible for appointment or designation in
v. Appoint Presidents spouse and relatives by
any capacity to any public office or position.
consanguinity or affinity within the 4th civil
No appointive official shall:
degree as Members of the Constitutional
o hold any other office or employment in the
Commissions, or the Office of the
Government or any of its subdivisions,
Ombudsman, or as Secretaries,
agencies or instrumentalities, including
Undersecretaries, chairmen or heads of
GOCCs or their subsidiaries.
bureaus or offices, including GOCCs and
their subsidiaries.
(4.) Sec. 12, Art VIII
o Who are prohibited? The Members of the Supreme Court and of other
1. President courts established by law shall not be designated
2. Vice-President, to any agency performing quasi-judicial or
3. the Members of the Cabinet, and their administrative functions.
deputies or assistants
o Exceptions to rule prohibiting executive
The stricter prohibition applied to the Pres. and his officials from holding additional positions:
official family under Sec. 13, Art. VII as compared to
a. President
the prohibition applicable to appointive officials in
general under Art. IX, B, Sec. 7, par. 2 are proof of (1) The President can assume a Cabinet
the intent of the 1987 Constitution to treat them as post, (because the departments are
a class by itself and to impose upon said class mere extensions of his personality,
stricter prohibitions. according to the Doctrine of Qualified
However, the prohibition against holding dual or Political Agency, so no objection can
multiple offices or employment under Art. VII, Sec. 13 be validly raised based on Sec. 13, Art
must not be construed as applying to posts VII
occupied by the Executive officials specified (2) The President is the Chairman of NEDA.
therein w/o additional compensation in an ex- (Sec. 9, Art XII)
officio capacity as provided by law and as required
by the primary functions of said official's office. The b. Vice-President
reason is that these posts do not comprise "any xxx The Vice-President may be appointed as
other office" w/in the contemplation of the member of the Cabinet. Such appointment
constitutional prohibition but are properly an requires no confirmation (Sec 3, Art VII)
imposition of additional duties and function on
said officials. [Civil Liberties Union v Executive c. Cabinet
Secretary, (1991)] (1) The Secretary of Justice shall be an ex-
o Prohibitions against other officials officio member of the Judicial and Bar
(1.) Sec. 13, Art VI Council. ( Sec. 8[1], Art VIII)
No Senator or Member of the House of (2) Unless otherwise allowed by law or by
Representatives, during his term, may: the primary functions of his position,
o hold any other office or employment in the appointive officials shall not hold any
Government, or any of its subdivisions, other office or employment in the
agencies, or instrumentalities including Government or any subdivision, agency
GOCCs or their subsidiaries or instrumentality thereof, including
o be appointed to any office which may have government- owned or controlled
been created or the emoluments thereof
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

corporations or their subsidiaries. (Art. ii. Permanent Vacancy in the Presidency during
IX, B, 7, par. 2) the term
Art. VII, Sec. 13 talks of "unless otherwise Causes Effect
28
provided by the Constitution." In the case of President's VP shall become President

CONSTITUTIONAL LAW I
Cabinet members, this refers to Art. IX, B, 7, 1. death for the unexpired portion of
par. 2. 2. permanent disability, the term. (par. 1)
3. removal from office
Thus, the Constitution allows a Cabinet (impeached), or
member to hold another office provided 4. resignation*
either Both the President's and Senate President or, in case
(1) such is necessitated by the primary VP's of his inability, the Speaker
functions of his position 1. death of the House, shall become
2. permanent disability Acting President until the
a. Secretary of Trade and Industry as
3. removal from office President or VP shall have
Chairman of NDC (impeached) been "elected" (pursuant to
b. Secretary of Agrarian Reform as 4. resignation Art. VII, Sec. 10) and
Chairman of the Land Bank qualified. (par. 1.)
(2) such is allowed by law. Acting President Congress shall by law,
1. dies provide "who" shall be
2. becomes permanently Acting President until the
4. Succession disabled President or VP shall have
3. resigns been "elected" (pursuant to
Vacancy in the Presidency Art. VII, Sec. 10) and
Two sets of rules in succession: qualified. Acting President
1. vacancy took place before the beginning of the shall be subject to the same
term on June 30 restrictions of powers and
2. vacancy during the pendency of the terms that disqualifications.(par. 2)
commences on June 30 * The presidents resignation must be willful and
i. Temporary or permanent vacancy in the intentional, and it must be strictly construed.
Presidency before the term When impeachment proceedings have become
moot due to the resignation of the Pres, proper
Causes Effect criminal and civil cases may already be filed
1. President has not yet VP shall act as President against him. [Estrada v. Desierto (2001)]
qualified (e.g. he had until the President-elect shall
an operation and so he have qualified, or shall have * The totality test was applied to determine
could not take his oath been "chosen and qualified, whether or not the president has indeed
of office on June 30) as the case may be. (pars. 2 resigned. Many things were considered including
2. President has not yet & 3, sec 7, Par VII). the Angara Diary. [Resn on the Motion for Recon
been "chosen" and
qualified (e.g. there is a
(2001]
tie and Congress has Comparisons and distinctions between the two
not yet broken the tie)
vacancies:
President-elect VP elect shall become the
1. dies, or President. (par. 4, Sec 7, Art a) The incumbent President never holds-over the
2. becomes permanently VII) Presidency in any case.
disabled b) The vacancy must occur in the offices of both the
Both President and VP Senate President, or in case President and Vice-President in order for the Senate
1. have not been "chosen" of his inability, the Speaker President, or the Speaker, or, in their inability, the
or of the House, shall act as one provided to succeed according to the Law of
2. have not qualified, or President until a President
Succession passed by the Congress, to succeed as
3. die, or or a VP shall have been
4. become permanently "chosen" and qualified. (par.
Acting President until the qualification of the Presi-
disabled 5) dent.
c) The Law on Succession must be passed by the
In case both Senate Congress in both cases in the event that the
President and Speaker of President, Vice-President, Senate President and the
the House are unable to act Speaker are all unable to act as President. But in
as President, Congress shall the case of a vacancy occurring before the term, the
by law, provide for the law provides only for the "manner of selecting" the
"manner of selecting" the Acting President, while in the case of a vacancy
one who will act as occurring during the term, it provides for "the
President until a President person" who shall act as President. In both cases,
or VP shall have been either the stint of the Acting President is temporary.
"chosen" or "elected" d) When the vacancy comes before the term, the
pursuant to the special Constitution talks of the successor acting as
election referred to in Art VII, President until a President has been "chosen" and
Sec 10, and qualified.
"qualified"; when it comes during, it talks of
"elected" and qualified. The reason is that before
the term, the vacancy in the Presidency need not be
filled up by election, since it may be filled up by a
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

vote of Congress in case of a tie (Art. VII, Sec. 4, (xxx the President certifies to the necessity
par. 5); but during the term, the only way to fill up of its immediate enactment to meet a
the vacancy is by special election. public calamity or emergency xxx) 29
e) A special election in both cases is held, pursuant to b. shall become law upon its approval on

CONSTITUTIONAL LAW I
Art. VII, Sec. 10, only when both offices of President third reading by the Congress.
and Vice-President are vacant. However, if the Appropriations for the special election
vacancy occurs before the term, the grounds are a. charged against any current appropriations
limited to 2 (death and permanent disability or both), b. exempt from the requirements of
while if the vacancy occurs during the term, the paragraph 4, Section 25, Article VI of this
grounds are 4 (death, permanent disability, removal, Constitution.
and resignation). (A special appropriations bill shall specify
f) The vacancy that occurs before the term of office the purpose for which it is intended, and
may be temporary or permanent; the vacancy that shall be supported by funds actually
occurs during the term of office can only be a available as certified by the National
permanent one. Thus, a different set of rules Treasurer, or to be raised by a
applies, to be discussed next following, in case of corresponding revenue proposal therein)
the temporary inability of the President during the 3. The convening of the Congress cannot be
term of office. suspended nor the special election postponed.
4. No special election shall be called if the vacancy
Special election in Sec. 10, Art VII. occurs within eighteen months before the date of
the next presidential election.
1. The Congress shall, at ten o'clock in the morning
of the third day after the vacancy in the offices of
iii. Temporary Vacancy in the Presidency During
the President and Vice-President occurs,
the term
convene in accordance with its rules without
need of a call o A vacancy in the Presidency arising from his
2. Within seven days enact a law calling for a disability can occur in any of the ff ways:
special election to elect a President and a Vice- 1. A written declaration by the President
President to be held not earlier than forty-five 2. Written declaration by the Cabinet
days nor later than sixty days from the time of 3. Finding by Congress by 2/3 vote that the
such call. President is disabled.
The bill calling such special election: o In all these cases, the Vice-President temporarily
a. is deemed certified under paragraph 2, acts as the President.
Section 26, Article VI

Actions Required Effect


Voluntary President transmits to Senate President VP to become Acting President until the President transmits to
Declaration of and Speaker of the House his written Senate President and Speaker of the House a written declaration
Inability by declaration that he is unable to discharge that he is no longer unable to discharge his office.
President the powers and duties of his office
Contested 1. Majority of all Cabinet members VP shall immediately assume the Presidency in an acting capacity
Inability of the transmit to the Senate President and
President Speaker of the House their written
declaration that the President is unable to
discharge his office.
2. President contests by sending his own President shall automatically assume his office.
written declaration to the Senate
President and Speaker that no inability
exists.
3. Majority of the Cabinet insist on their a. Congress shall convene, if it is not in session, within 48 hours,
original stand by transmitting a second without need of call, in accordance with its rules, and decide
written declaration of the President's before the 12th day after it is required to assemble. If it is already
inability within 5 days from resumption of in session, it must meet immediately, and decide within 10 days
office of the President. after receipt of the second written declaration by the Cabinet
b. If the President, by a 2/3 vote of both houses voting separately,
is determined to be "unable" to discharge his office, then the VP
shall act as President. If less than 2/3 find him unable, the
President shall continue exercising the powers and duties of his
office.
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

o Serious Illness of the President (Sec 12, Art VII) The same shall constitute the Articles of
a. The public shall be informed of the state of Impeachment, and trial by the Senate shall
his health. forthwith proceed. 30
b. The members of the Cabinet in charge of
5. No impeachment proceedings shall be initiated

CONSTITUTIONAL LAW I
national security and foreign relations and
the Chief of Staff of the Armed Forces of the against the same official more than once within a
Philippines, shall not be denied access to the period of one year.
President during such illness. 6. The Senate shall have the sole power to try and
decide all cases of impeachment. No person shall
5. Removal be convicted without the concurrence of two-
thirds of all the Members of the Senate.
i. Impeachment, Sec. 2, Art XI. o When sitting for that purpose, the Senators
o Who are Subject to Impeachment: shall be on oath or affirmation.
The President o When the President of the Philippines is on
the Vice-President trial, the Chief Justice of the Supreme Court
the Members of the Supreme Court shall preside, but shall not vote.
the Members of the Constitutional 7. Judgment in cases of impeachment shall not
Commissions extend further than:
Ombudsman o removal from office and
o Reasons for Impeachment o disqualification to hold any office under the
culpable violation of the Constitution Republic of the Philippines.
treason But the party convicted shall nevertheless be
bribery liable and subject to prosecution, trial, and
graft and corruption punishment according to law.
other high crimes
betrayal of public trust. The officer can still be tried for a criminal case
o All other public officers and employees may be aside from impeachment. (BERNAS)
removed from office as provided by law, but not Initiation - governed by the rules of the House of
by impeachment. Reps;
ii. Impeachment Process Art. XI, Sec. 3. Trial-governed by the rules of the Senate.
1. Who may initiate The basic issue here was the
The House of Representatives shall have the constitutionality of the filing of the second
exclusive power to initiate all cases of impeachment complaint against then Chief
impeachment. Justice Davide. The following are the pertinent
constitutional provisions:
2. Verified Complaint
a. A verified complaint for impeachment may be Art. XI, Section 3 (1) The House of
filed by any Member of the House of Representatives shall have the exclusive power
Representatives or by any citizen upon to initiate all cases of impeachment. [Francisco
resolution of endorsement by any Member v. House of Representatives, (2003)]
thereof xxx
b. Verified Complaint shall be included in the (5) No impeachment proceedings shall be
Order of Business within ten session days, initiated against the same official more than once
and referred to the proper Committee within within a period of one year.
three session days thereafter. The Court held that once an impeachment
c. The Committee, after hearing, and by a complaint has been initiated and subsequently
majority vote of all its Members, shall submit dismissed, another impeachment complaint may
its report to the House within sixty session no longer be filed until after the lapse of one year.
days from such referral, together with the In so ruling, the Court differentiated between the
corresponding resolution. initiation of the impeachment case and the
d. The resolution shall be calendared for impeachment proceeding. The latter is initiated
consideration by the House within ten when a verified complaint is filed and referred to
session days from receipt thereof. the House Committee on Justice for action, or by
3. Number of votes necessary the filing of at least 1/3 of the Members of the
A vote of at least one-third of all the Members of House with the Secretary General of the House.
the House shall be necessary either to affirm a In consequence therefore, once an impeachment
favorable resolution with the Articles of complaint has been initiated, another
Impeachment of the Committee, or override its impeachment complaint may not be filed against
contrary resolution. The vote of each Member the same official within a 1-year period. The
shall be recorded. House Impeachment Rules were thereby
declared unconstitutional for giving the term
4. In case the verified complaint or resolution of initiate a different meaning, i.e., it pegged the
impeachment is filed by at least one-third of all initiation of the impeachment proceedings to,
the Members of the House. among others, the finding by the House
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

Committee on Justice that the verified complaint the Constitution or by the law to act in person or
and/or resolution is sufficient in substance. the exigencies of the situation demand that he act
personally, the multifarious executive and 31
6. Powers and Functions of the President administrative functions of the Chief Executive

CONSTITUTIONAL LAW I
are performed by and through the executive
o Executive power depts., performed and promulgated in the regular
o Control of executive departments course of business, are, unless disapproved or
o General supervision of local governments reprobated by the Chief Executive, presumptively
o Power of appointment acts of the Chief Executive. [Free Telephone
o Executive clemencies Workers Union vs. Minister of Labor and
o Commander in chief powers Employment (1981)]
Military powers
Suspension of the writ of habeas corpus
Martial law (C) General Supervision of Local Governments
o Emergency powers and Autonomous Regions
o Contracting and guaranteeing foreign loans The President shall exercise general supervision
o Powers over foreign affairs over local governments. (Sec 4, Art X)
o Power over legislation
o Immunity from suit The President shall exercise general supervision
over autonomous regions to ensure that laws are
faithfully executed. (Sec 16, Art X)
(A) Executive Power
o It is the duty to implement the laws within the Supervision and Control Distinguished
standards imposed by the legislature. *This Supervision Control
power is exercised by the President. (Sec 1 Art - Overseeing or the power or - Power of an officer to
VII) authority of the officer to see alter, modify, nullify
o The President shall have control of all the that subordinate officers or set aside what a
perform their duties, and if the subordinate officer had
executive departments, bureaus, and offices. He
latter fail or neglect to fulfill done and to
shall ensure that the laws be faithfully executed them, then the former may take substitute the
(Sec 17). such action or steps as judgment of the former
The Court held that as administrative head of prescribed by law to make for that of the latter.
the government, the President is vested with them perform these duties.
- This does not include the power
the power to execute, administer and carry to overrule their acts, if these
out laws into practical operation. [National acts are within their discretion.
Electrification Commission vs. CA (1997)]
The powers of the President cannot be said to be (D) Power of appointment
limited only to the specific power enumerated in
the Constitution. In other words, executive power o Definition: the selection, by the authority vested
is more than the sum of specific powers so with the power, of an individual who is to exercise
enumerated. the functions of a given office.
The framers did not intend that by enumerating o Appointment is distinguished from:
the powers of the Pres, he shall exercise those 1. Designation imposition of additional duties,
powers and no other. usually by law, on a person already in the
These unstated residual powers are implied public service
from the grant of executive power and which 2. Commission written evidence of the
are necessary for the Pres to comply with his appointment
duties under the Constitution. [Marcos vs
o Classification of Power of Appointment:
Manglapus (1989)]
1. With the consent of the Commission on
(B) Control of Executive Departments Appointments
(Sec 17, Art VII)
There are 4 groups of officers whom the
Control is the power of an officer to alter or Pres may appoint:
modify or nullify or to set aside what a 1. Heads of the Executive Department,
subordinate has done in the performance of his ambassadors, other public ministers and
duties and to substitute one's own judgment to consuls, officers of the armed forces
that of a subordinate. from the rank of colonel or naval captain
and other officers whose appointments
Qualified political agency doctrine (also alter
are vested in him;
ego principle)- all the different executive and
2. All other officers of the government
administrative organizations are mere adjuncts of
whose appointments are not otherwise
the Executive Department, the heads of the
provided by law;
various executive departments are assistants and
3. Those whom the President may be
agents of the Chief Executive, and, except in
authorized to appoint;
cases wherein the Chief Executive is required by
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

4. Officers lower in rank whose o provides in an unconstitutional


appointments Congress may by law vest manner for such appointments
in the President alone. the officers are considered as among 32
Heads of bureaus were deliberately removed those whose appointments are not

CONSTITUTIONAL LAW I
from the provision of appointments requiring otherwise provided for by law.
th
confirmation and were included in the 4 2. Upon Recommendation of the Judicial and
group and hence, their appointments no Bar Council
longer need confirmation. [Sarmiento vs
Mison, (1987)] (a) Members of the Supreme Court and all
other courts. (Sec 9, Art VIII)
The seats reserved for sectoral reps may be a. Appointments need no confirmation
filled by appointment by the President under b. For lower courts, appointment shall
Art XVIII, Sec7. It is indubitable that sectoral be issued within 90 days from
representatives to the House are among the submission of the list
other officers whose appointments are (b) Ombudsman and his 5 deputies (for
vested in the Pres in this Constitution, Luzon, Visayas, Mindanao, general and
st
referred to in the 1 sentence of Art. VII, Sec. military) Sec 9 Art XI
16. These appointments require the a. Such appointments shall require no
confirmation of the Commission on confirmation.
Appointments. b. All vacancies shall be filled within
Notes: From the rulings in Sarmiento III v. three months after they occur.
Mison 1987, Bautista v. Salonga 1989, and
Deles v. Constitutional Commission 1989, 3. Appointment of Vice-President as Member of
these doctrines are deducible: the Cabinet (Sec 3, Art.VII)
1. Confirmation by the Commission on o Appointment requires no confirmation
Appointments is required only for 4. Appointments solely by the President (Sec.
presidential appointees as mentioned in 16, Art VII)
the first sentence of Sec. 16, Art. VII,
including those officers whose 1. Those vested by the Constitution on the
appointments are expressly vested by President alone (e.g. appointment of
the Constitution itself in the President: Vice-President to the Cabinet) [Art. VII,
(a) Heads of the executive departments Sec. 3(2)]
(b) Ambassadors, other public 2. Those whose appointments are not
ministers and consuls otherwise provided by law.
(c) Officers of the Armed Forces of the 3. Those whom he may be authorized by
Philippines with the rank of colonel law to appoint.
or naval captain (because these are
officers of a sizeable command 4. Those other officers lower in rank whose
enough to stage a coup) appointment is vested by law in the
(d) Other officers whose appointments President (alone).The phraseology is
are vested in the President in the muddled:
Constitution: Sarmiento v Mison (1987):
(i) Chairman and Commissioners In arguing that even bureau chiefs needed
of the Constitutional confirmation even if they are of inferior rank,
Commissions (Sec 1 Art IX-B, the basis was the phrase, "the Congress
Sec 1 (2) Art IX-B, Sec 1(2) Art may, by law, vest in the appointment of other
Ix-D) officers lower in rank in the President alone".
(ii) Regular members of the This meant that until a law is passed giving
Judicial and Bar Council (Sec 8 such appointing power to the President
(2) Art VII) alone, then such appointment has to be
(iii) Sectoral representatives (Sec 7 confirmed. The SC dismissed this view
Art XVIII, Sec 18 Art X) however, saying that the inclusion of the
word "alone" was an oversight. Thus, the
2. Confirmation is not required when the Constitution should read "The Congress
President appoints other government may, by law, vest the appointment of other
officers whose appointments are not officers lower in rank in the President."
otherwise provided for by law or those
officers whom he may be authorized by o Limitations on appointing power of the
law to appoint (like the Chairman and President
Members of the Commission on Human
Rights). Also, as observed in Sarmiento a. The spouse and relatives by
v. Mison, when Congress: consanguinity or affinity within the 4th
o creates inferior offices but omits to civil degree of the President shall not,
provide for appointment thereto, or during his "tenure", be appointed as (sec
13, Art VII)
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

(i) members of the Constitutional


Commissions, The prohibition against midnight
appointments applies only to the
(ii) member of the Office of
president and does not extend to
33
Ombudsman,
local elective officials. Moreover,

CONSTITUTIONAL LAW I
(iii) Secretaries,
(iv) Undersecretaries, there is no law that prohibits local
(v) Chairmen or heads of bureaus or elective officials from making
offices, including government- appointments during the last days of his
owned or controlled corporations or her tenure. [De Rama v. CA (2001)]
and their subsidiaries.
o Interim or recess appointments
b. The President shall have the power to
make appointments during the recess 1) Regular and recess (ad-interim)
of the Congress, whether voluntary or appointments
compulsory, but such appointments Appointments requiring confirmation
shall be effective only until disapproval are of two kinds
by the Commission on Appointments or (i) regular, if the CA, that is,
until the next adjournment of the Con- Congress, is in session
gress. (par 2, Sec 16, Art VII) (ii) during the recess of Congress
c. Two months immediately before the next (because the Commission shall
presidential elections (2nd Monday of meet only while Congress is in
March), and up to the end of his "term" session [Art. VI, Sec. 19]).
(June 30), a President (or Acting Regular appointment - one made by
President) shall not make appointments. the President while Congress is in
(Sec 15, Art VII) session, takes effect only after
Exception: confirmation by the Commission on
Temporary appointments, to executive Appointments, and once approved,
positions, when continued vacancies will continues until the end of the term of the
(1) prejudice public service (e.g appointee.
Postmaster); or Ad-interim appointment - one made by
(2) endanger public safety (e.g. Chief of the President while Congress is not in
Staff). session, takes effect immediately, but
The SC ruled that while "midnight ceases to be valid if disapproved by the
appointments" (note: made by Commission on Appointments or upon
outgoing President near the end of his the next adjournment of Congress. (Art.
term) are not illegal, they should be VII, Sec. 16, par. 2)
made in the capacity of a "caretaker" Ad interim appointment a
doubly careful and prudent in making permanent appointment made by
the selection, so as not to defeat the the Pres in the meantime that
policies of the incoming administration. Congress is in recess. It is
The filling up of vacancies in important permanent as it takes effect
posts, if few, and so spaced as to afford immediately and can no longer be
some assurance of deliberate action and withdrawn by the President once
careful consideration of the need for the the appointee has qualified into
appointment and the appointees office. The fact that it is subject to
qualifications, may be undoubtedly the confirmation of the Commission
permitted. But the issuance of 350 on Appointments does not alter its
appointments in one night and the permanent character. Hence, said
planned induction of almost all of them a appointment is effective until (1)
few hours before the inauguration of the disapproved by the CA or (2) the
new President may be regarded as next adjournment of Congress
abuse of presidential prerogatives. [Matibag vs Benipayo (2002)]
[Aytona vs Castillo (1962)]
2) Acting/Temporary appointment can be
The SC emphasized that the Aytona withdrawn or revoked at the pleasure of
ruling does not declare all midnight the appointing power. The appointee
appointments as invalid, and that the ad does not enjoy security of tenure. This
interim appointment of the petitioner is the kind of appointment that the
chief of police here, whose qualification Constitution prohibits the Pres from
and regularity were not disputed, except making to the independent constitutional
for the fact that it was made during the commissions.
last few days of the old administration, is The mere filing of a motion for
thus not invalid. [Quimsing vs reconsideration of the confirmation of an
Tajanglangit (1964)] appointment cannot have the effect of
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

recalling or setting aside said (BLACK)


appointment. The Consti is clear there It is an act of grace proceeding from the
must either be a rejection by the power entrusted with the execution of 34
Commission on Appointments or non- the laws, which exempts the individual

CONSTITUTIONAL LAW I
action on its part for the confirmation to on whom it is bestowed, from the
be recalled. punishment the law inflicts for the crime
Also, the power to approve or he has committed. It is a remission of
disapprove appointments is conferred guilt, a forgiveness of the offense.
on the CA as a body and not on the [People v Vera, supra]
individual members. [Pacete vs Plenary or partial
Secretary (1971)] o Plenary - extinguishes all the
penalties imposed upon the
3) Temporary Designations offender, including accessory
Admin Code of 1987, Book III Sec. 17 disabilities
The President may designate an officer o Partial does not extinguish all
already in the govt. service or any other penalties imposed
competent person to perform the functions of
Absolute or conditional
any office in the executive branch,
appointment to which is vested in him by law,
o Conditional - the offender has the
when: right to reject the same since he
(a) The officer regularly appointed to the may feel that the condition imposed
office is unable to perform his duties by is more onerous than the penalty
reason of illness, absence or any other sought to be remitted.
cause; or o Absolute pardon - pardonee has no
(b) There exists a vacancy; option at all and must accept it
In no case shall a temporary designation
whether he likes it or not. In this
exceed one (1) year.
sense, an absolute pardon is similar
to commutation, w/c is also not
o Limitations on the appointing power of the subject to acceptance by the
Acting President offender.
1. Appointments extended by an Acting d. Remit fines and forfeitures, after conviction
President shall remain effective unless by final judgment
revoked by the elected President within
o Except:
ninety days from his assumption or
(a) In cases of impeachment, and
reassumption of office. (Sec. 14 Art VII)
(b) As otherwise provided in this Constitution
2. A President or Acting President shall not No pardon, amnesty, parole or
make appointments two months suspension of sentence for violation of
immediately before the next presidential election laws, rules, and regulations
elections and up to the end of his term shall be granted by the President
except temporary appointments to without the favorable recommendation
executive positions when continued by the Commission (on Elections.) (Sec
vacancies therein will prejudice 5, Art IX)
public service or endanger public
o The President shall also have the power to grant
safety. (Sec 15, Art VII)
amnesty with the concurrence of a majority of all
the Members of the Congress. (Sec 19, Art VII)
7. Executive Clemencies Amnesty - a sovereign act of oblivion for past
acts, granted by government generally to a
o The President may grant: class of persons who have been guilty
a. Reprieves usually of political offenses and who are
a temporary relief from or postponement subject to trial but have not yet been con-
of execution of criminal penalty or victed, and often conditioned upon their
sentence or a stay of execution. return to obedience and duty within a
(BLACK) prescribed time. (BLACK; Brown v Walker,
It is the withholding of a sentence for an 161 US 602).
interval of time, a postponement of
Probation - a disposition under which a
execution, a temporary suspension of
defendant after conviction and sentence is
execution. [People vs. Vera, supra]
released subject to conditions imposed by
b. Commutations the court and to the supervision of a
Reduction of sentence. (BLACK) probation officer. [Sec. 3 (a), PD 968.]
It is a remission of a part of the Parole - suspension of the sentence of a
punishment; a substitution of a less convict granted by a Parole Board after
penalty for the one originally imposed. serving the minimum term of the inde-
[People vs. Vera, supra] terminate sentence penalty, without granting
c. Pardons, and a pardon, prescribing the terms upon which
Permanent cancellation of sentence. the sentence shall be suspended. [REYES]
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

o Effects of Pardon (Case Law) remove administrative penalties or disabilities


imposed upon officers or employees in disciplinary
There are 2 limitations upon the exercise of
the constitutional prerogative of the Pres. to
cases, subject to such terms and conditions as he
may impose in the interest of the service
35
grant pardon: (1) that the power be

CONSTITUTIONAL LAW I
exercised after conviction; (2) that such o Who may avail of amnesty? (Case Law) (Asked 5
power does not extend to cases of times in the Bar)
impeachment. [Cristobal v Labrador
(1940)] Amnesty Proclamation No. 76 applies even
to Hukbalahaps already undergoing
o Absolute pardon has the effect of removing sentence upon the date of its promulgation.
the disqualification from voting and being The majority of the Court believes that by its
elected incident to criminal conviction under context and pervading spirit the proclamation
Sec 94(a) of the Election Code. extends to all members of the Hukbalahap.
The Chief Executive, after inquiry into the [Tolentino vs Catoy (1948)]
environmental facts, should be at liberty to
atone the rigidity of the law to the extent of The SC agreed with the Sandiganbayan that
relieving completely the party or parties in fact the petitioners were expressly
concerned from the accessory and resultant disqualified from amnesty. The acts for
disabilities of criminal conviction. [Pelobello which they were convicted were ordinary
v. Palatino (1941)] crimes without any political complexion
and consisting only of diversion of public
Pardon implies guilt and does not erase the funds to private profit. The amnesty
fact of the commission of the crime and the proclamation covered only acts in the
conviction thereof. It does not ipso facto furtherance of resistance to duly constituted
restore a convicted felon to a public office authorities of the Republic and applies only
necessarily relinquished or forfeited by to members of the MNLF, or other anti-
reason of the conviction although such government groups. [Macaga-an vs People
pardon undoubtedly restores his eligibility for (1987)]
appointment to that office. [Monsanto vs
Factoran (1989)] 8. Powers as Commander-in-Chief
Notes: o Powers as Commander-in-Chief:
"Pardon granted after conviction frees the a. He may call out such armed forces to
individual from all the penalties and legal prevent or suppress lawless violence,
disabilities and restores him to all his civil rights. invasion or rebellion.
But unless expressly grounded on the b. He may suspend the privilege of the writ of
person's innocence (w/c is rare), it cannot bring habeas corpus, or
back lost reputation for honesty, integrity and fair c. He may proclaim martial law over the entire
dealing. Philippines or any part thereof.
This must be constantly kept in mind lest we
lose track of the true character and purpose of o Subject to judicial review to determine whether or
the privilege. xxx" not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction (par.
o Application of Pardoning Powers to 2, Sec 1, Art VIII)
Administrative Cases
If the President can grant reprieves, a. Call out the AFP to prevent lawless violence
commutations and pardons, and remit fines
This is merely a police measure meant to quell
and forfeitures in criminal cases, with much
disorder. As such, the Constitution does not
more reason can she grant executive
regulate its exercise radically
clemency in administrative cases, which are
clearly less serious than criminal offenses. It is not disputed that the President has full
However, the power of the President to grant discretionary power to call out the armed forces
executive clemency in administrative cases and to determine the necessity for the exercise of
refers only to administrative cases in the such power. While the Court may examine
Executive branch and not in the Judicial or whether the power was exercised within
Legislative branches of the govt. [Llamas v constitutional limits or in a manner constituting
Executive Secretary (1991)] grave abuse of discretion, none of the petitioners
here have, by way of proof, supported their
Removal of Administrative Penalties assertion that the President acted without factual
Sec. 53, Chapter 7, Subtitle A, Title I, Book V, basis. The President, in declaring a state of
Administrative Code of 1987 rebellion and in calling out the armed forces, was
Removal of Administrative Penalties or merely exercising a wedding of her Chief
Disabilities.-- In meritorious cases and upon Executive and Commander-in-Chief powers.
recommendation of the (Civil Service) These are purely executive powers, vested on
Commission, the President may commute or the President by Sections 1 and 18, Article VII, as
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

opposed to the delegated legislative powers privilege, there is no remedy available


contemplated by Section 23 (2), Article VI. against such unlawful arrest (arbitrary
[Sanlakas v Executive Secretary (2004)] detention). 36
The arrest without warrant is justified by

CONSTITUTIONAL LAW I
Assailed is PP1017 (Declaration of State of the emergency situation and the
National Emergency). It is different from the law difficulty in applying for a warrant
in Sanlakas as this proclamation was woven out considering the time and the number of
of the calling out and take care powers of the persons to be arrested.
President joined with the temporary takeover The crime for which he is arrested must
provision under Art. XII, section 17. be one related to rebellion or invasion.
As to other crimes, the suspension of
the privilege does not apply.
2) During the suspension of the privilege of the
PP1017 purports to grant the President, without writ, any person thus arrested or detained
authority or delegation from Congress, to take shall be judicially charged within 3 days, or
over or direct the operation of any privately- otherwise he shall be released. (Art. VII,
owned public utility or business affected with Sec. 18, par. 6).
public interest.
The effect of the suspension of the
privilege, therefore, is only to extend the
periods during which he can be detained
without a warrant. When the privilege is
The SC held that while the President could validly suspended, the period is extended to 72
declare the existence of a state of national hours.
emergency even in the absence of a
What happens if he is not judicially
Congressional enactment, the exercise of the
charged nor released after 72 hours?
emergency powers, such as the taking over of
The public officer becomes liable under
privately-owned public utility or business affected
Art. 125 for "delay in the delivery of
with public interest, requires a delegation from
detained persons."
Congress which is the repository of emergency
powers. 3) The right to bail shall not be impaired even
when the privilege of the writ of habeas
PP1017 did not authorize said temporary take
corpus is suspended. (Art. III, Sec. 13)
over without authority from Congress. [David v.
Arroyo (2006)]
c. Proclaim Martial Law
b. Suspend the privilege of the writ of habeas o Requisites:
corpus 1) There must be an invasion or rebellion, and
2) Public safety requires the proclamation of
A "writ of habeas corpus" is an order from the
martial law all over the Philippines or any
court commanding a detaining officer to inform
part thereof.
the court
(i) if he has the person in custody, and o Effects of the proclamation of martial law:
(ii) his basis in detaining that person.
The President can:
The "privilege of the writ" is that portion of the writ 1) Legislate
requiring the detaining officer to show cause why he 2) Order the arrest of people who obstruct the
should not be tested. Note that it is the privilege that war effort.
is suspended, not the writ itself.
o But the following cannot be done (Art. VII, Sec.
o Requisites: 18, par. 4)
1) There must be an invasion or rebellion, and a. Suspend the operation of the Constitution.
2) The public safety requires the suspension. b. Supplant the functioning of the civil courts
and the legislative assemblies.
o Effects of the suspension of the privilege:
martial law is proclaimed only because
1) The suspension of the privilege of the writ
the courts and other civil institutions like
applies only to persons "judicially charged"
Congress have been shut down. It
for rebellion or offenses inherent in or directly
should not happen that martial law is
connected with invasion (Art. VII, Sec. 18,
declared in order to shut down the civil
par. 5).
institutions.
Such persons suspected of the above
c. Confer jurisdiction upon military courts and
crimes can be arrested and detained agencies over civilians, where civil courts are
without a warrant of arrest. able to function.
The suspension of the privilege does "open court" doctrine
not make the arrest without warrant o holds that civilians cannot be tried
legal. But the military is, in effect, by military courts if the civil courts
enabled to make the arrest, anyway are open and functioning.
since, with the suspension of the o if the civil courts are not functioning,
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

then civilians can be tried by the The Role of the Supreme Court
military courts. [Art. VII, Sec. 18, par. 3]
o Martial law usually contemplates a
o The Supreme Court may review, in an
37
case where the courts are already
appropriate proceeding filed by any citizen, the

CONSTITUTIONAL LAW I
closed and the civil institutions have
already crumbled, that is a "theater sufficiency of the factual basis of:
of war." If the courts are still open, (a) the proclamation of martial law or the
the President can just suspend the suspension of the privilege of the writ, or
privilege and achieve the same (b) the extension thereof. It must promulgate its
effect. decision thereon within 30 days from its
d. Automatically suspend the privilege of the filing. (Sec 18 (3), Art. VII)
writ of habeas corpus. o The jurisdiction of the SC may be invoked in a
The President must suspend the proper case.
privilege expressly.
The Role of Congress [Art. VII, Sec. 18, pars. 1-2] o Petition for habeas corpus
When a person is arrested without a warrant
a. Congress may revoke the proclamation of martial for complicity in the rebellion or invasion, he
law or suspension of the privilege of the writ of or someone else in his behalf has the
habeas corpus before the lapse of 60 days from standing to question the validity of the
the date of suspension or proclamation proclamation or suspension.
b. Upon such proclamation or suspension, Before the SC can decide on the legality of
Congress shall convene at once. If it is not in his detention, it must first pass upon the
session, it shall convene in accordance with its validity of the proclamation or suspension.
rules without need of a call within 24 hours o Test of Arbitrariness: [IBP v. Zamora, (2000)]
following the proclamation or suspension. to be used by the Supreme Court in so
c. Within 48 hours from the proclamation or the reviewing the act of the President in
suspension, the President shall submit a report, proclaiming or suspending, or the act of
in person or in writing, to the Congress (meeting Congress in extending
in joint session of the action he has taken). seeks to determine the sufficiency of the
factual basis of the measure.
d. The Congress shall then vote jointly, by an The question is not whether the President or
absolute majority. It has two options: Congress acted correctly, but whether he
(i) To revoke such proclamation or suspension. acted arbitrarily in that the action had no
basis in fact.
When it so revokes, the President amounts to a determination of whether
cannot set aside (or veto) the revocation or not there was grave abuse of discre-
as he normally would do in the case of tion amounting to lack or excess of
bills. jurisdiction. (Sec 1(2) Art. VIII)
(ii) To extend it beyond the 60-day period of its The issue there raised was whether in
validity. suspending the privilege of the writ in 1971,
Congress can only so extend the Marcos had a basis for doing so. The SC, in
proclamation or suspension upon the considering the fact that the President based
initiative of the President. his decision on (a) the Senate report on the
The period need not be 60 days; it could condition in Central Luzon and (b) a closed
be more, as Congress would determine, door briefing by the military showing the
based on the persistence of the extent of subversion, concluded that the
emergency. President did not act arbitrarily. One may
If Congress fails to act before the disagree with his appreciation of the facts,
measure expires, it can no longer but one cannot say that it is without basis.
extend it until the President again [Lansang v Garcia (1971)]
redeclares the measure. o 2 conditions must concur for the valid exercise of
o Congress cannot "validate" the proclamation or authority to suspend the privilege:
suspension, because it is already valid. (a) there must be an actual invasion,
insurrection, rebellion or imminent danger;
o If Congress extends the measure, but before the and
period of extension lapses the requirements for (b) public safety must require the suspension of
the proclamation or suspension no longer exist, the privilege. [This holding of the SC is now
Congress can lift the extension, since the power found in Art. VII, Sec. 18, par. 3.] The
to confer implies the power to take back. function of the court is to check and not
supplant the executive or to ascertain merely
o If Congress does not review or lift the order, this whether he has gone beyond the
can be reviewed by the Supreme Court pursuant constitutional limits of jurisdiction. The
to the next section. proper standard is not correctness but
arbitrariness.
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

There are 4 ways, then, for the proclamation or o Meaning of power necessary and proper
suspension to be lifted: (P-C-S-O) Power to issue rules and regulations
1) Lifting by the President himself This power is:
38
2) Revocation by Congress (1) for a limited period, and

CONSTITUTIONAL LAW I
3) Nullification by the Supreme Court (2) subject to such restrictions as Congress may
4) Operation of law after 60 days provide.
The power ceases:
Military trial of civilians void even under Martial (a) upon being withdrawn by resolution of the
Law, if civil courts are open. (Sec 18(4) Art. Congress, or, if Congress fails to adopt such
VII,). resolution,
(b) upon the next (voluntary) adjournment of
Cf. RA 7055 (1991) "An Act Strengthening Congress. For the fact that Congress is able
Civilian Supremacy over the Military by Returning to meet in session uninterruptedly and
to the Civil Courts the Jurisdiction over Certain adjourn of its own will proves that the
Offenses involving Members of the Armed Forces emergency no longer exists is to justify the
of the Philippines, other Persons Subject to delegation.
Military Law, and the Members of the Philippine
National Police, Repealing for the Purpose This rule or the termination of the grant of
Certain Presidential Decrees" emergency powers is based on decided cases,
RA 7055 effectively placed upon the civil which in turn became Art. VII, Sec. 15 of the
courts the jurisdiction over certain offenses 1973 Constitution.
involving members of the AFP and other The Congress granted the President certain
members subject to military law. emergency powers. (CA671) After the war,
RA 7055 provides that when these Congress held a special session. The SC
individuals commit crimes or offenses held that the emergency power lasted only
penalized under the RPC, other special until Congress held its regular session. The
penal laws, or local government ordinances, fact that Congress could now meet meant
regardless of whether civilians are co- that there was no emergency anymore that
accused, victims, or offended parties which would justify the delegation. The assertion
may be natural or juridical persons, they that new legislation is needed to repeal
shall be tried by the proper civil court, except CA671 is not in harmony with the
when the offense, as determined before Constitution. If a new law were necessary to
arraignment by the civil court, is service- terminate it, then it would be unlimited and
connected in which case it shall be tried by indefinite. This would create an anomaly
court-martial. since what was intended to meet a
temporary emergency becomes a permanent
The assertion of military authority over law. [Araneta v Dinglasan (1949)]
civilians cannot rest on the President's power
as Commander in Chief or on any theory of The specific power to continue in force laws
martial law. As long as civil courts remain and appropriations which would lapse or
open and are regularly functioning, military otherwise become inoperative is a limitation
tribunals cannot try and exercise jurisdiction on the general power to exercise such other
over civilians for offenses committed by them powers as the executive may deem
and which are properly cognizable by civil necessary to enable the government to fulfill
courts. To hold otherwise is a violation of the its responsibilities and to maintain and
right to due process. [Olaguer vs Military enforce its authority. [Rodriguez v Gella
Commission No. 34 (1987)] (1953)]

9. Emergency powers (Sec 23, Art. VI). o Inconsistency between the Constitution and the
cases: (BARLONGAY)
o The Congress may by law authorize the The Constitution [Art. VI, Sec. 23 (2)] states
President to exercise powers necessary and that the emergency powers shall cease upon
proper to carry out a declared national policy. the next adjournment of Congress unless
sooner withdrawn by resolution of Congress
o Different from the Commander-in-Chief clause: Cases tell us that the emergency powers
When the President acts under the shall cease upon resumption of session.
Commander-in-Chief clause, he acts under a Reconciling the two: it would not be enough
constitutional grant of military power, which for Congress to just resume session in order
may include the law-making power. that the emergency powers shall cease. It
When the President acts under the has to pass a resolution withdrawing such
emergency power, he acts under a emergency powers, otherwise such powers
Congressional delegation of law-making shall cease upon the next adjournment of
power. Congress.
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

10. Contracting and Guaranteeing Foreign The agreement is not a "treaty" as the term
Loans is used in the Constitution. The agreement
was never submitted to the Senate for 39
o Requisites for contracting and guaranteeing concurrence. It must be noted that a treaty

CONSTITUTIONAL LAW I
foreign loans: is not the only form that an international
1. With the concurrence of the monetary board agreement may assume. For the grant of
(Sec 20, Art VII) treaty making power to the Executive and the
2. subject to limitations as may be provided by Senate does not exhaust the power of the
law (Sec 21, Art XII) government over international relations.
3. information on foreign loans obtained or
Consequently, executive agreements may be
guaranteed shall be made available to the
entered into with other states and are
public (sec 21, Art XII)
effective even without the concurrence of the
o Cf. Republic Act 4860 Senate. From the point of view of
An Act Authorizing The President Of The international law, there is no difference
Philippines To Obtain Such Foreign Loans between treaties and executive agreements
And Credits, Or To Incur Such Foreign in their binding effect upon states concerned
Indebtedness, As May Be Necessary To as long as the negotiating functionaries have
Finance Approved Economic Development remained within their powers. The distinction
Purposes Or Projects, And To Guarantee, In between an executive agreement and a
Behalf Of The Republic Of The Philippines, treaty is purely a constitutional one and has
Foreign Loans Obtained Or Bonds Issued By no international legal significance. [USAFFE
Corporations Owned Or Controlled By The Veterans Assn. vs Treasurer (1959)]
Government Of The Philippines For
Economic Development Purposes Including o Nature of Executive Agreements:
Those Incurred For Purposes Of Re-Lending There are 2 classes:
To The Private Sector, Appropriating The (1) agreements made purely as executive acts
Necessary Funds Therefore, And For Other affecting external relations and independent
Purposes of or without legislative authorization, which
Approved, September 8, 1966. may be termed as presidential agreements,
and
o Role of Congress: (2) agreements entered into in pursuance of
1. The President does not need prior approval acts of Congress, or Congressional-
by the Congress Executive Agreements.
a. Because the Constitution places the
power to check the Presidents power on Although the President may, under the
the Monetary Board American constitutional system enter into
b. Congress may provide guidelines and executive agreements without previous
have them enforced through the legislative authority, he may not, by
Monetary Board executive agreement, enter into a transaction
which is prohibited by statutes enacted prior
11. Powers over Foreign Affairs thereto. Under the Constitution, the main
function of the Executive is to enforce laws
(a) Treaty-making power enacted by Congress. The former may not
interfere in the performance of the legislative
o No treaty or international agreement shall be powers of the latter, except in the exercise of
valid and effective unless concurred in by at least his veto power. He may not defeat legislative
two-thirds of all the members of the Senate. (Sec enactments that have acquired the status of
21, Art VII) law, by indirectly repealing the same through
o Treaty distinguished from executive agreements: an executive agreement providing for the
performance of the very act prohibited by
1. Executive Agreements said laws. [Gonzales v Hechanova (1963)]
entered into by the President
need no concurrence. The issue in this case is the constitutionality
International agreements involving political of the VFA. The SC held that once the
issues or changes in national policy and Senate performs the power to concur with
those involving international agreements of treaties or exercise its prerogative within the
permanent character usually take the form of boundaries prescribed by the Constitution,
TREATIES. But the international the concurrence cannot be viewed as an
agreements involving adjustments in detail abuse of power, much less a grave abuse of
carrying out well-established national policies discretion. The President, in ratifying the
and traditions and those involving a more or VFA and submitting the same for
less temporary character usually take the concurrence of the Senate, acted within the
form of EXECUTIVE AGREEMENTS. [ confines and limits of the power vested in
Commissioner of Customs vs. Eastern Sea him by the Constitution. The President
Trading (1961)] merely performed a constitutional task and
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

exercised a prerogative that chiefly pertains that Congress can take during the regular
to the functions of his office. [Bayan vs session.
Executive Secretary (2000)]
(b) Prepare and Submit the Budget
40

CONSTITUTIONAL LAW I
(b) Deportation of undesirable aliens The President shall submit to Congress within thirty
days from the opening of every regular session, as
[Qua Chee Gan vs Deportation Board (1963] the basis of the general appropriations bill, a budget
o The President may deport only according to of expenditures and sources of financing, including
grounds enumerated by law since it would be receipts from existing and proposed revenue
unreasonable and undemocratic to hold that an measures. (Sec 22, Art VII)
alien be deported upon an unstated or undefined o The budget is the plan indicating:
ground depending merely on the use of an (a) expenditures of the government,
unlimited discretion by the President. (b) sources of financing, and
o 2 ways of deporting an undesirable alien: (c) receipts from revenue-raising measures.
(a) by order of the President after due This budget is the upper limit of the appropriations bill
investigation to be passed by Congress. Through the budget,
(b) by the Commissioner of Immigration therefore, the President reveals the priorities of the
o The President can delegate the power of government.
investigation but not the power to order the arrest
of an alien. (c) Veto power
o The Deportation Board may not order the arrest
of the alien in this case. If an implied grant of o As a general rule, all bills must be approved by
power, considering that no express authority was the President before they become law, except
granted by law, would curtail the right of a person when:
then a delegation of the implied power must be (i) the veto of the President is overridden by 2/3
rejected as inimical to the liberties of the people. vote of all the Members of the House where
it originated; and
[Go Tek vs Deportation Board (1977)] (ii) the bill passed is the special law to elect the
o The Deportation Board can entertain deportation President and Vice-President.
based on grounds not specified in Sec 37 of the o This gives the President an actual hand in
Immigration Law. The Board has jurisdiction to legislation. However, his course of action is only
investigate Go Tek even if he had not been to approve it or veto it as a whole. (See
convicted yet. Legislative Power of Congress)
o The Presidents power to deport aliens and to
investigate them subject to deportation are It is true that the Constitution provides a
provided in the Revised Administrative Code. mechanism for overriding a veto (Art. VI, Sec. 27
o The State has inherent power to deport [1]). Said remedy, however, is available only
undesirable aliens. This power is exercised by when the presidential veto is based on policy or
the President. political considerations but not when the veto is
claimed to be ultra vires. In the latter case, it
o There is no legal nor constitutional provision becomes the duty of the Court to draw the
defining the power to deport aliens because the dividing line where the exercise of executive
intention of the law is to grant the Chief Executive power ends and the bounds of legislative
the full discretion to determine whether an aliens jurisdiction begin. [PHILCONSA v Enriquez
residence in the country is so undesirable as to (1994)]
affect the security, welfare or interest of the state.
o The Chief Executive is the sole and exclusive (d) Emergency Power
judge of the existence of facts which would
warrant the deportation of aliens. o In times of war or other national emergency, the
Congress, may, by law, authorize the President,
for a limited period, and subject to such
12. Power over Legislation
restrictions as it may prescribe, to exercise
(a) Message to Congress powers necessary and proper to carry out a
declared national policy. Unless sooner
The President shall address the Congress at the withdrawn by resolution of the Congress, such
opening of its regular session. He may also powers shall cease upon the next adjournment
appear before it at any other time. (Sec 23, Art thereof. (Sec 23, Art VI see discussion above)
VII)
Every 4th Monday of July, the President delivers (e) Fixing of tariff rates (Sec 28, Art VI)
the State of the Nation Address, which contains
o The Congress may, by law, authorize the
his proposals for legislation. Through this
President to fix:
speech, he can influence the course of legislation
within specified limits, and
subject to such limitations and restrictions as
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

it may impose, B. Vice President


tariff rates
Article VII, Section 3. There shall be a Vice
import and export quotas
President who shall have the same qualifications and
41
tonnage and wharfage dues
term of office and be elected with, and in the same

CONSTITUTIONAL LAW I
other duties or imposts within the
manner, as the President. He may be removed from
framework of the national development
office in the same manner as the President.
program of the Government.
The Vice President may be appointed as a Member of
o Reason for delegation: highly technical nature of
the Cabinet. Such appointment requires no
international commerce, and the need to
confirmation.
constantly and with relative ease adapt the rates
to prevailing commercial standards.
1. Qualifications, Election, Term and Oath

13. Immunity from Suit a. Qualifications


* same as President (Sec. 3, Art VII)
The President as such cannot be sued, enjoying b. Term and Election
as he does immunity from suit, but the validity of * same as President (Sec. 4, Art VII)
his acts can be tested by an action against
the other executive officials or such c. Oath
independent constitutional agencies as the * same as President (except for the statement of
Commission on Elections and the Commission on position)
Audit. [Carillo vs. Marcos (1981)]
2. Privilege and Salary
The petition seeks clarification as to whom the
* same as President
Constitution refers to as the incumbent Pres and
Vice Pres. The petition amounts in effect to a suit except: the Vice-President, xxx [shall receive annual
against the incumbent Pres. Aquino and it is salary of] P240,000 (Sec 17, Art XVIII)
equally elementary that incumbent Presidents are
3. Prohibitions
immune from suit or from being brought to court
during the period of their incumbency and tenure. * same as President
[In Re Bermudez (1986)]
4. Succession
The SC held that the privilege of immunity from
* same as President (Art. VII, Sec. 9)
suit pertains to the President by virtue of the
office and may be invoked only by the holder 5. Removal
of the office; not by any other person in the Impeachment Process
President's behalf. Thus, an accused in a
criminal case where the President is a * same as President (Art. XI, Sec. 3)
complainant cannot raise the presidential 6. Functions
privilege as a defense to prevent the case from
proceeding against the accused. Moreover, there a. Right of succession
is nothing in our laws that would prevent the
President from waiving the privilege. The The Vice-President shall assume the functions of the
President may shed the protection afforded by president in case of:
the privilege and submit to the court's jurisdiction. 1. death, permanent disability, removal from office,
[Soliven vs Makasiar (1988); Beltran vs Makasiar or resignation of the President (Sec 8, Art VII)
(1988)] 2. Whenever the President transmits to the
President of the Senate and the Speaker of the
The Presidents immunity from suit extends House of Representatives his written declaration
beyond his term so long as the act in question that he is unable to discharge the powers and
was done during his term. duties of his office, and until he transmits to them
Petitioners theorize that the present petition for a written declaration to the contrary (Sec 11, Art
prohibition is improper because the same attacks VII)
an act of the President, in violation of the doctrine 3. Whenever a majority of all the Members of the
of presidential immunity from suit. Petitioners Cabinet transmit to the President of the Senate
contention is untenable for the simple reason that and to the Speaker of the House of
the petition is directed against petitioners and Representatives their written declaration that the
not against the President. The questioned acts President is unable to discharge the powers and
are those of petitioners and not of the President. duties of his office
Furthermore, presidential decisions may be
questioned before the courts where there is b. Membership in Cabinet
grave abuse of discretion or that the
President acted without or in excess of xxx The Vice-President may be appointed as member
jurisdiction. [Gloria v CA (2000)] of the Cabinet. Such appointment requires no
confirmation. (Sec 3, Art VII)
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

IV. Constitutional Commissions 3. Compensation


Fixed by law and shall not be decreased during
A. Common Provisions
their tenure. (sec. 3) 42
(Asked 3 times in the Bar)

CONSTITUTIONAL LAW I
4. Power to Appoint Personnel (sec. 4)
1. Disqualifications; Inhibitions
5. Fiscal Autonomy (sec. 5)
o No member of a Constitutional Commission shall,
during his tenure: 6. Rule-Making Power
i. hold any other office or employment shall not diminish, increase, or modify substantive
ii. engage in the practice of any profession rights (sec. 6)
iii. engage in the active management and control
of any business which in any way may be 7. Procedure
affected by the functions of his office i. Decision on any case or matter brought
iv. be financially interested, directly or indirectly, in
before it shall be decided by a majority vote
any contract with, or in any franchise or
of all its Members within 60 days of
privilege granted by the Government, any of its
subdivisions, agencies or instrumentalities,
submission for decision or resolution
including GOCCs or their subsidiaries. (Art. IX, ii. SC has certiorari jurisdiction which a party
sec.2) aggrieved by any decision, order, or ruling of
each Commission can invoke within 30 days
2. Composition and Qualifications from receipt of a copy. (sec.16)
CSC COMELEC COA
Chairman and 2 Chairman and Chairman and 2
8. Other functions provided by law
Commissioners 6 Comm Comm (sec. 8)
(Comm)
At issue was the no report, no release policy of
Natural-born citizens
At least 35 years of age
the DBM which the latter is invoking, in addition
Proven capacity for Holders of a Certified public to the fact that there is an alleged shortage of
public college accountants funds, to justify the withholding of the balance of
administration, and degree, and with not less than the CSCs annual budget. It was held that such
must not have been must not have 10 years auditing policy may not be validly enforced against
candidates for any been experience, or offices vested with fiscal autonomy like the
elective position in candidates for Members of the CSC and other Constitutional Commissions.
the lections any elective Philippine Bar Being automatic means that the budget
immediately position in the who have been
releases cannot be made contingent on the
preceding their immediately engaged in the
appointment preceding practice of law for performance of a particular act or the availability
elections at least 10 years, of funds, otherwise, the constitutional mandate of
and must not automatic and regular release would be
Majority, have been significantly emasculated.[ CSC v. DBM, (2005)]
including the candidates for
Chairman, any elective
shall be position in the B. Civil Service Commission
Members of elections (Asked 4 times in the Bar)
the Philippine immediately
Bar who have preceding their 1. Scope of Civil Service
been engaged appointment
in the practice Art. IX-B, Sec. 2(1). The civil service embraces all branches,
of law for at At no time shall subdivisions, instrumentalities, and agencies of the
least 10 years all Members of Government, including government-owned or controlled
the Commission corporations with original charters.
belong to the
same profession. 2. Terms and Conditions of Government
Employment
Appointed by the President with the consent of the
Commission on Appointments for a term of 7 years without i. Merit-based system
reappointment ii. No holding of other positions
Staggered term of Staggered term Staggered term iii. Standardization of salary
those first appointed: of those first of those first
iv. No partisan political activity
a) Chairman 7 appointed: appointed:
years a) 3 Members a) Chairman 7
v. Security of tenure Temporary employees of
b) 1 Comm 5 7 years years the Government shall be given such protection as
years b) 2 Members b) 1 Comm 5 may be provided by law.
c) Other Comm 3 5 years years vi. Right to self-organization (v. Right to strike)
years c) Last 2 c) Other Comm
Members 3 3 years Art. XIII, Sec. 3. [The State] shall guarantee the rights of all
years workers to self-organization,peaceful concerted
Appointment to any vacancy shall be only for the unexpired activities, including the right to strike in accordance with
portion of the term of the predecessor. In no case shall any law.
Member be appointed or designated in a temporary or acting
capacity.
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

Art. III, Sec. 8. The right of the people, including those 5. Salary
employed in the public and private sectors, to form
unions, association, or societies for purposes not contrary
to law shall not be abridged.
i. Standardized compensation, taking into account 43
the nature of the responsibilities pertaining to,

CONSTITUTIONAL LAW I
and the qualifications required for their positions
Art. IX-B, Sec. 2(5). The right to self-organization shall not
ii. No additional, double, or indirect
be denied to government employees.
compensation unless specifically authorized by
Sec. 38, Book V, Title I, Subtitle A, Chapter 6, law
Administrative Code of 1987. iii. No elective or appointive public officer or
Who: All government employees, including those in GOCCs employee shall accept without the consent of
with original charters the Congress, any present, emolument, office,
Exception: (1) members of the AFP, (2) police officers and or title of any kind from any foreign government
policemen, (3) firemen, (4) jail guards.
Scope of right: (1) form, join or assist employees'
organizations of their own choosing for the furtherance and
protection of their interests C. Commission on Elections
(2) form, in conjunction with appropriate government
authorities, labor-management committees, work councils
(Asked 9 times in the Bar)
and other forms of workers' participation schemes to achieve
1. Powers and Functions
the same objectives
i. Enforce all laws relating to the conduct of
Employees in the Civil Service may not resort to
election:
strikes, walkouts and other temporary work
o Recommend to the Congress effective
stoppages in order to alter the terms and
measures to minimize election spending,
conditions of their employment, which are
and to prevent and penalize all forms of
generally governed and fixed by law. Government
election frauds, offenses, malpractices, and
employees may, through their unions or
nuisance candidacies
associations, either
o Submit to the President and the Congress, a
(1) petition the Congress for the betterment of
comprehensive report on the conduct of
the terms and conditions of employment
each election, plebiscite, initiative,
which are within the ambit of legislation, or
referendum, or recall
(2) negotiate with the appropriate government
ii. Decide administrative questions pertaining to
agencies for the improvement of those which
election except the right to vote;
are not fixed by law. If there be any
iii. File petitions in court for inclusion or exclusion of
unresolved grievances, the dispute may be
voters;
referred to the Public Sector Labor-
iv. Investigate and prosecute cases of violations of
Management Council for appropriate action.
election laws;
[SSS Employees Association v. CA, (1989)]
v. Recommend pardon, amnesty, parole or
suspension of sentence of election law violators;
3. Disqualifications vi. Deputize law enforcement agencies and
i. Candidate who has lost in any election, within 1 instrumentalities of the Government for the
year after such election, cannot be appointed to exclusive purpose of ensuring free, orderly,
any office in the Civil Service; honest, peaceful, and credible elections;
ii. No elective official shall be eligible for vii. Recommend to the President the removal of any
appointment or designation in any capacity to any officer or employee it has deputized for violation
public office or position during his tenure; or disregard of, or disobedience to its directive;
iii. No appointive official shall hold any other office or viii. Registration of political parties, organizations and
employment in the Civil Service unless otherwise coalitions and accreditation of citizens arms;
allowed by law or by the primary functions of his ix. Regulation of public utilities and media of
position. information.
The law limits the right of free speech and of
4. Powers and Functions access to mass media of the candidates
Art. IX-B, Sec. 3. The Civil Service Commission, as the themselves. The limitation however, bears a
central personnel agency of the Government, shall clear and reasonable connection with the
establish a career service and adopt measures to promote objective set out in the Constitution. For it is
morale, efficiency, integrity, responsiveness, precisely in the unlimited purchase of print space
progressiveness, and courtesy in the civil service. It shall and radio and television time that the resources
strengthen the merit and rewards system, integrate all of the financially affluent candidates are likely to
human resources development programs for all levels
make a crucial difference. The purpose is to
and ranks, and institutionalize a management climate
conducive to public accountability. It shall submit to the ensure "equal opportunity, time, and space,
President and the Congress an annual report on its and the right to reply," as well as uniform and
personnel programs. reasonable rates of charges for the use of such
media facilities, in connection with "public
information campaigns and forums among
candidates." [National Press Club vs Comelec,
(1992)]
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

x. Decide election cases V. Constitutionally-Mandated Bodies


Art. IX-C, Sec. 3. The Commission on Elections may sit en
banc or in two divisions, and shall promulgate its rules of A. Sandiganbayan 44
procedure in order to expedite disposition of election cases,
(Asked 1 time in the Bar)

CONSTITUTIONAL LAW I
including pre- proclamation controversies. All such election
cases shall be heard and decided in division, provided that Art. XI, Sec. 4. The present anti-graft court known as the
motions for reconsideration of decisions shall be Sandigan-bayan shall continue to function and exercise its
decided by the Commission en banc. jurisdiction as now or hereafter may be provided by law.

2. Jurisdiction Under RA 8249 (AN ACT FURTHER DEFINING


THE JURISDICTION OF THE
i. Exclusive original: all contests relating to the SANDIGANBAYAN, AMENDING FOR THE
elections, returns, and qualifications of all elective PURPOSE PRESIDENTIAL DECREE NO. 1606,
regional, provincial, and city officials AS AMENDED, PROVIDING FUNDS
ii. Appellate: THEREFOR, AND FOR OTHER PURPOSES), to
o elective municipal officials decided by trial determine whether the Sandiganbayan has
courts of general jurisdiction jurisdiction, one must look into two (2) criteria,
o elective barangay officials decided by trial namely:
courts of limited jurisdiction 1) The nature of the offense, and
2) The salary grade of the public official.
Once a winning candidate has been proclaimed,
taken his oath, and assumed office as a Member To further strengthen the functional and structural
of the House of Representatives, the Comelecs organization of the Sandiganbayan, several
jurisdiction over election contests relating to his amendments have been introduced to the
election, returns, and qualifications ends, and the original law creating it, the latest of which are
HRETs own jurisdiction begins. [Aggabao vs Republic Acts No. 7975 and No. 8249.
Comelec, (2005)]
Under these new laws, the jurisdiction of the
Congress cannot make decisions of MTC or Sandiganbayan is now confined to cases
MCTC in a barangay election appealable to the involving public officials occupying positions
trial court, because Comelec has exclusive classified as salary grade 27 and higher.
appellate jurisdiction over all contests involving
barangay elective officials decided by trial courts As restructured, the Sandiganbayan is presently
of limited jurisdiction. The jurisdiction of the composed of:
Comelec, however, is over questions of fact; a Presiding Justice and
questions of law go to the SC. [Flores v. Comelec, fourteen (14) Associate Justices
(1990)] who sit in five (5) Divisions of
three Justices
each in the trial and determination of
cases.
D. Commission on Audit
(Asked 1 time in the Bar) B. Ombudsman
1. Powers and Functions (Asked 5 times in the Bar)
i. Examine, audit, and settle accounts pertaining to 1. Qualification
Government funds or property: its revenue, Natural born citizen at time of appointment
receipts, expenditures, and uses At least 40 yrs old
o Post-audit basis: Constitutional bodies, With probity and independence
commissions and offices; Autonomous state Member of the Bar
colleges and universities; GOCCs with no Not a candidate for elective office in
original charters and their subsidiaries; Non- immediately preceding election
governmental entities receiving subsidy or
At least 10 yrs had been a judge OR in
equity, directly or indirectly, from or through
practice of law
the Government, which are required by law
or the granting institution to submit such 2. Appointment
audit as a condition of subsidy or equity JBC to nominate at least 6 for original
ii. Exclusive Authority Ombudsman
o Define the scope of its audit and JBC to nominate at least 3 for every vacancy
examination; thereafter
o Establish techniques and methods required ; Vacancies to be filled within 3 months after
o Promulgate accounting and auditing rules occurrence
and regulations. Appointed by the President
Appointment needs no confirmation
Art. IX-D, Sec. 3. No law shall be passed exempting any
entity of the Government or its subsidiaries in any guise
whatever, or any investment of public funds, from the 3. Term
jurisdiction of the Commission on Audit. 7 yrs without reappointment
POLITICAL LAW REVIEWER Chapter II. STRUCTURE and POWERS of GOVERNMENT Separation of Powers

4. Removal Promulgate its rules of procedure


By impeachment for: Exercise other functions provided by law
culpable violation of the constitution Declare his assets, liabilities, and net worth 45
treason upon assumption of office and when required

CONSTITUTIONAL LAW I
bribery by law
graft and corruption 7. Disqualification
other high crimes Cannot hold any other office or employment
betrayal of public trust during tenure
5. Benefits Cannot engage in any profession or active
Ombudsman has rank of Chairman of a management/control of any business
ConCom affecting their office
Enjoys fiscal autonomy Cannot be financially interested, directly or
Automatic and regular release of funds indirectly, in any contract, franchise, or
Salary cannot be decreased during term privilege granted by the Government or its
agencies/corporations (Sec. 2, Art. IX-A)
6. Powers/Duties Cannot run for any office in the election
MAIN PURPOSE: protectors of the people immediately succeeding their term of office
Shall act promptly on complaints against Cannot be granted any financial
public officials/govt employees AND notify accommodation for business purposes,
complainants of action taken and the result directly or indirectly, within tenure.
Investigate on its own or any complaint when
appears to be: C. Commission on Human Rights
Illegal
Unjust (Asked 5 times in the Bar)
Improper 1. Composition and Qualifications
Inefficient
Direct, on its own or upon complaint, any Chairman and 4 Members
public official/govt employee to: o natural-born Filipinos
perform and expedite an act/duty o majority shall be members of the Bar
o The term of office and other qualifications
required shall be provided by law.
stop/prevent/correct any abuse or
impropriety of duty 2. Powers and Functions
Direct the officer concerned to take
Investigate, on its own or on complaint by any
appropriate action against the public
party, all forms of human rights violations involving
official/govt employee civil and political rights
Recommend for their:
removal The Commission can only protect civil and
political rights, which do not include the less
suspension
traditional social and economic rights. [Simon v.
demotion CHR, (1994)]
fine
censure o Note, however, that the reason for these modest
objectives of the Framers of the Constitution is the
prosecution desire not to overburden the CHR during its initial
Ensure compliance of the recommendation years. The limitation does not exclude the
Subject to limitations of law, direct the officer possibility of expanding the Commissions scope
concerned to furnish copies of related later --- as in fact Section 19 specifically allows
documents/contracts entered by his office (BERNAS).
involving use of public funds:
IMPT: Section 25 of the Universal Declaration of
Further report any irregularity to the Human Rights (UDHR) as well as the International
Commission on Audit Covenant on Economic, Social, and Cultural Rights
Request assistance and information from (ICESCR) are deemed part of Philippine law pursuant
other govt agencies for the discharge of his to the Incorporation Clause of the Constitution.
duties
Publicize, with due prudence, matters Art. XIII, Sec. 19. The Congress may provide for
other cases of violations of human rights that should fall
covered by investigation, whenever
within the authority of the Commission, taking into
warranted account its recommendations.
Determine the causes of the ff and make
recommendations for their eradication, and The Commission was not meant by the
observance of high standards of fundamental law to be another court or quasi-
ethics/efficiency: judicial agency in this country, or duplicate much
less take over the functions of the latter. It is
Inefficiency conceded, however, that the Commission may
Red tape investigate, i.e., receive evidence and make
Mismanagement findings of fact as regards claimed human
Fraud rights violations involving civil and political
Govt corruption rights. [Cario v. CHR, (1991)]
POLITICAL LAW REVIEWER Chapter III. NATIONAL ECONOMY and PATRIMONY

100% Filipino 60-40 70-30


Chapter III. National Economy and Patrimony Small-scale Operation of
(Asked 13 times in the Bar) utilization
natural resources
of public utility [Art.
XII, Sec. 11]
46
(as may be o Cannot be for

CONSTITUTIONAL LAW I
I. GENERAL PRINCIPLES
A. GOALS provided by law) longer period
B. CITIZENSHIP REQUIREMENTS [Art. XII, Sec. 2, than 50 years
C. FILIPINO FIRST par. 3] o Executive
II. NATURAL RESOURCES and
A. REGALIAN DOCTRINE managing
B. EXPLORATION, DEVELOPMENT, UTILIZATION officers must
C. STEWARDSHIP CONCEPT be Filipino
III. PRIVATE LANDS
A public utility is a business or service engaged in
IV. MONOPOLIES
regularly supplying the public with some commodity or
V. CENTRAL MONETARY AUTHORITY
service of public consequence. A joint venture falls
within the purview of an association pursuant to Sec.
11, Art. XII; thus a joint venture which would engage in
I. General Principles the business of operating a public utility must comply
with the 60%-40% Filipino-foreign capitalization
A. Goals requirement. [JG Summit Holdings v. CA, (2000)]
1. More equitable distribution of opportunities,
income and wealth C. Filipino First
2. Sustained increase in amount of goods and
services produced by the nation for the benefit Art. XII, Sec. 10. In the grant of rights, privileges, and
concessions covering the national economy and patrimony,
of the people the State shall give preference to qualified Filipinos.
3. Expanding production as the key to raising the
quality of life for all, especially the The State shall regulate and exercise authority over foreign
investments within its national jurisdiction and in accordance
underprivileged. with its national goals and priorities.

B. Citizenship Requirements The term patrimony pertains to heritage, and given


the history of the Manila Hotel, it has become a part of
100% Filipino 60-40 70-30 our national economy and patrimony. Thus, the Filipino
Marine Wealth Natural Resources Advertising First policy provision of the Constitution is applicable.
[Art. XII, Sec. 2, [Art. XII, Sec. 2, Industry [Art. Such provision is per se enforceable, and requires no
par. 2] par. 1] XVI, Sec. 11] further guidelines or implementing rules or laws for
(Co-production, its operation. [Manila Prince Hotel v. GSIS, (1997)]
Joint venture,
Production sharing Art. XII, Sec. 12. The State shall promote the preferential
agreemenents) use of Filipino labor, domestic materials and locally produced
goods, and adopt measures that help make them
Agreements shall competitive.
not exceed a
period of 25 years
renewable for
II. Natural Resources
another 25 years.
Agricultural lands Educational A. Regalian Doctrine [Jura Regalia]
[Art. XII, Sec. 3] Institutions [Art.
o Lease: < 500 XIV, Sec. 4(2)] The King had title to all the land in the Philippines
ha. except so far as it saw fit to permit private titles to
o Purchase, be acquired.. [Cario v. Insular Government,
homestead (1909)]
or grant: < 12
ha.
o Private As in previous Constitutions, the 1987
corpora-tions Constitution adheres to this doctrine as illustrated
may lease by this section:
not more
than 1,000 Art. XII, Sec. 2. All lands of the public domain, waters,
ha. for 25 minerals, coal, petroleum, and other mineral oils, all forces of
years, potential energy, fisheries, forests or timber, wildlife, flora
renewable for and fauna, and other natural resources are owned by the
another 25 State. With the exception of agricultural lands, all other
years. natural resources shall not be alienated.
Practice of Areas of
Under the Regalian Doctrine, all lands not otherwise
professions [Art. Investment as
clearly appearing to be privately owned are presumed
XII, Sec. 14] Congress may
to belong to the State. The classification of public lands
prescribe
is an exclusive prerogative of the Executive Department
(percentage can
through the Office of the President. [Republic v.
be higher) [Art.
Register of Deeds of Quezon, (1994)]
XII, Sec. 10]
POLITICAL LAW REVIEWER Chapter III. NATIONAL ECONOMY and PATRIMONY

B. Exploration, Development, and Utilization FTAA SERVICE


(1987 Const.) CONTRACT
Art. XII, Sec. 2, par. 4. The President may enter into
agreements with foreign-owned corporations involving
(1973 Const.)
marketing or
47
either technical or financial assistance for large-scale resources

CONSTITUTIONAL LAW I
exploration, development, and utilization of minerals,
petroleum, and other mineral oils according to the general Following this framework, the SC declared the
terms and conditions provided by law, based on real following provisions of the Philippine Mining Act of
contributions to the economic growth and general welfare of 1995 (RA 7942) unconstitutional for being contrary
the country. In such agreements, the State shall promote the
to Sec. 2, Art. XII of the 1987 Constitution:
development and use of local scientific and technical
resources. a. The proviso in Sec. 3(aq), which defines a
qualified person, to wit: Provided, That a legally
The State, being the owner of the natural resources, foreign-owned corporation shall be deemed a
is accorded the primary power and responsibility in qualified person for purposes of granting an
the exploration, development and utilization thereof. exploration permit, FTAA or mineral processing
As such it may undertake these activities through four permit
modes: b. Sec. 23, which specifies the rights and
(1) The State may directly undertake such activities; obligations of an exploration permit grantee
(2) The State may enter into co-production, joint c. Sec. 33, which prescribes the eligibility of a
venture or production-sharing agreements with contractor in an FTAA
Filipino citizens or qualified corporations; d. Sec. 35, which enumerates the terms and
(3) Congress may, by law, allow small-scale conditions for every FTAA
utilization of natural resources by Filipino citizens; e. Sec. 39, which allows the contractor to convert
or the FTAA into a mineral production-sharing
(4) For the large-scale exploration, development and agreement (MPSA)
utilization of minerals, petroleum and other f. Sec. 56, which authorizes the issuance of a
mineral oils, the President may enter into mineral processing permit to a contractor in an
agreements with foreign-owned corporations FTAA
involving technical or financial assistance. The following provisions of the same Act were
[[La Bugal-BLaan Tribal Assn. v. Ramos, likewise deemed void as they are dependent on the
(Jan,2004)] foregoing provisions and cannot stand on their own:
a. Section 3 (g), which defines the term contractor,
FTAA SERVICE insofar as it applies to a financial or technical
(1987 Const.) CONTRACT
(1973 Const.)
assistance agreement;
Parties Only the A Filipino citizen, b. Section 34, which prescribes the maximum
President (in corporation or contract area in a financial or technical
behalf of the association with a assistance agreements;
State), and only foreign person or c. Section 36, which allows negotiations for financial
with entity or technical assistance agreements;
corporations d. Section 37, which prescribes the procedure for
Size of Only large-scale Contractor provides filing and evaluation of financial or technical
Activities exploration, all necessary assistance agreement proposals;
development and services and
utilization technology and the
e. Section 38, which limits the term of financial or
requisite financing, technical assistance agreements;
performs the f. Section 40, which allows the assignment or
exploration work transfer of financial or technical assistance
obligations, and agreements;
assumes all g. Section 41, which allows the withdrawal of the
exploration risks contractor in an FTAA;
Natural Minerals, Virtually the entire h. The second and third paragraphs of Section 81,
Resources petroleum and range of the
which provide for the Governments share in a
Covered other mineral oils countrys natural
resources financial and technical assistance agreement;
Scope of the Involving either Contractor provides i. Section 90, which provides for incentives to
Agreements financial or financial or technical contractors in FTAAs insofar as it applies to said
technical resources, contractors;
assistance undertakes the
The Court then struck down the Financial and
exploitation or
production of a
Technical Assistance Agreement (FTAA) entered into
given resource, or between the Government and Western Mining
directly manages Corporation (Phils.), Inc. (WMCP) for being similar to
the productive service contracts, previously allowed under the 1973
enterprise, Constitution but which are now proscribed under the
operations of the 1987 Constitution.
exploration and
exploitation of the On motion for reconsideration, the SC reversed
resources or the
disposition of
its original decision and upheld the
POLITICAL LAW REVIEWER Chapter III. NATIONAL ECONOMY and PATRIMONY

constitutionality of the subject FTAA, the Mining B. Exceptions


Law, and its Implementing Rules.
i. Hereditary succession
(Art. XII, sec. 7)
48
The Constitution should be read in broad, life-giving
ii. A natural-born citizen of the Philippines who has

CONSTITUTIONAL LAW I
strokes. It should not be used to strangulate
economic growth or to serve narrow, parochial lost his Philippine citizenship may be a transferee
interests. Rather, it should be construed to grant the of private lands, subject to limitations provided by
President and Congress sufficient discretion and law.
reasonable leeway to enable them to attract foreign (Art. XII, sec. 8)
investments and expertise, as well as to secure for
our people and our posterity the blessings of
prosperity and peace. The Court fully sympathize with IV. Monopolies
the plight of La Bugal Blaan and other tribal groups,
Art. XIII, Sec. 19. The State shall regulate or prohibit
and commend their efforts to uplift their communities.
monopolies when the public interest so requires. No
However, the Court cannot justify the invalidation combinations in restraint of trade or unfair competition shall
of an otherwise constitutional statute along with be allowed.
its implementing rules, or the nullification of an
otherwise legal and binding FTAA contract. Although the Constitution enshrines free
enterprise as a policy, it nevertheless reserves to
The Court believes that it is not unconstitutional to the Government the power to intervene whenever
allow a wide degree of discretion to the Chief necessary for the promotion of the general
Executive, given the nature and complexity of such welfare. [Philippine Coconut Dessicators v. PCA,
agreements, the humongous amounts of capital and (1998)]
financing required for large-scale mining operations,
the complicated technology needed, and the Monopolies are not per se prohibited by the
intricacies of international trade, coupled with the Constitution but may be permitted to exist to aid
States need to maintain flexibility in its dealings, in the government in carrying on an enterprise or to
order to preserve and enhance our countrys aid in the performance of various services and
competitiveness in world markets. On the basis of this functions in the interest of the public.
control standard, the Court upholds the Nonetheless, a determination must first be made
constitutionality of the Philippine Mining Law, its as to whether public interest requires a
Implementing Rules and Regulations -- insofar as monopoly. As monopolies are subject to abuses
they relate to financial and technical agreements -- as that can inflict severe prejudice to the public, they
well as the subject Financial and Technical are subject to a higher level of State regulation
Assistance Agreement (FTAA). [La Bugal-Blaan than an ordinary business undertaking. [Agan, Jr.
Tribal Assn. v. Ramos, (Dec. 2004)] v. PIATCO, (2003)]

C. Stewardship Concept
V. Central Monetary Authority
Art. XII, Sec. 6. The use of property bears a social function,
and all economic agents shall contribute to the common [Art. XII, Sec. 20]
good.
Functions:
Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall have 1. Provide policy directions in the areas of money,
the right to own, establish, and operate economic banking, and credit;
enterprises, subject to the duty of the State to promote
distributive justice and to intervene when the common good 2. Supervise the operations of banks;
so demands. 3. Exercise such regulatory powers as may be
provided by law over the operations of finance
Art. XIII, Sec. 6. The State shall apply the principles of
companies and other institutions performing
agrarian reform or stewardship, whenever applicable in
accordance with law, similar functions
Qualifications of the Governors:
in the disposition or utilization of other natural resources,
including lands of the public domain under lease or 1. Natural-born Filipino;
concession suitable to agriculture, 2. Known probity, integrity and patriotism;
subject to prior rights, homestead rights of small settlers, and 3. Majority shall come from the private sector
the rights of indigenous communities to their ancestral lands.
Subject to such other qualifications and
disabilities as may be provided by law
III. Private Lands Until the Congress otherwise provides, the Central
A. General Rule Bank of the Philippines operating under existing laws,
shall function as the central monetary authority.
No private lands shall be transferred or conveyed
except to individuals, corporations, or associations
qualified to acquire or hold lands of the public domain.
(Art. XII, sec. 7)
POLITICAL LAW REVIEWER Chapter IV. CURRENT EVENTS and SPECIAL TOPICS

of seats has already been predetermined, the second


Chapter IV. Current Events and Special party should be given less than that to which the first
Topics one is entitled. 49
The other qualified parties will always be allotted

CONSTITUTIONAL LAW I
I. PARTY-LIST SYSTEM less additional seats than the first party for two
II. QUESTION HOUR V. INQUIRIES IN AID OF
LEGISLATION
reasons:
III. EXECUTIVE PRIVILEGE (1) the ratio between said parties and the first party
IV. PEOPLES INITIATIVE will always be less than 1:1, and
V. RIGHT OF REPLY BILL (2) the formula does not admit of mathematical
VI. THE (ERSTWHILE) PROVINCE OF SHARIFF rounding off, because there is no such thing as a
KABUNSUAN fraction of a seat.
VII. MOA ON ANCESTRAL DOMAIN (MOA-AD)
Verily, an arbitrary rounding off could result in a
I. Party-List System violation of the twenty percent allocation. An
academic mathematical demonstration of such
The SC laid down the following guidelines for
incipient violation is not necessary because the
screening party-list participants ---
present set of facts, given the number of qualified
1) The parties must represent the marginalized and parties and the voting percentages obtained, will
underrepresented. definitely not end up in such constitutional
2) Major political parties must comply with this contravention.
statutory policy The Court has previously ruled in Guingona Jr. v.
3) Religious sects are prohibited by the Constitution Gonzales that a fractional membership cannot be
4) The party must not be disqualified under RA 7941 converted into a whole membership of one when it
5) The part must not be an adjunct of an entity or would, in effect, deprive another party's fractional
project funded by the government membership. It would be a violation of the
6) The party and its nominees must comply with the constitutional mandate of proportional representation.
requirements of the law We said further that "no party can claim more than
7) The members must come from the marginalized what it is entitled to x x x. [Veterans Federation Party
and underrepresented sectors v. Comelec, (2000)]
8) The nominee must be able to contribute to the
formulation and enactment of appropriate
legislation that will benefit the nation Formula for Determining Additional Seats for the
9) Their nominees must come from the same party. First Party
[Ang Bagong Bayani v. Comelec, (2001)] The formula for computing the number of seats to which
the first party is entitled is as follows:
The Legal and Logical Formula for the Philippines Number of votes
Proportion of votes
of first party
Step One. The initial step is to rank all the relative to total votes
------------------ =
participating parties, organizations and coalitions for party list
Total votes for
from the highest to the lowest based on the party-list system
number of votes they each received. Then the ratio
for each party is computed by dividing its votes If the proportion of votes received by the first
by the total votes cast for all the parties party without rounding it off is equal to at least six
participating in the system. All parties with at least percent of the total valid votes cast for all the
two percent of the total votes are guaranteed one party list groups, then the first party shall be
seat each. Only these parties shall be considered in entitled to two additional seats or a total of three
the computation of additional seats. The party seats overall. If the proportion of votes without a
receiving the highest number of votes shall rounding off is equal to or greater than four percent,
thenceforth be referred to as the first party. but less than six percent, then the first party shall
have one additional or a total of two seats. And if the
Step Two. The next step is to determine the number proportion is less than four percent, then the first party
of seats the first party is entitled to, in order to be able shall not be entitled to any additional seat.
to compute that for the other parties. Since the Note that the above formula will be applicable only in
distribution is based on proportional representation, determining the number of additional seats the first
the number of seats to be allotted to the other party is entitled to. It cannot be used to determine the
parties cannot possibly exceed that to which the
number of additional seats of the other qualified
first party is entitled by virtue of its obtaining the
parties. As explained earlier, the use of the same
most number of votes.
formula for all would contravene the proportional
For example, the first party received 1,000,000 votes representation parameter.
and is determined to be entitled to two additional
seats. Another qualified party which received 500,000
votes cannot be entitled to the same number of seats,
since it garnered only fifty percent of the votes won by
the first party. Depending on the proportion of its
votes relative to that of the first party whose number
POLITICAL LAW REVIEWER Chapter IV. CURRENT EVENTS and SPECIAL TOPICS

Formula for Additional Seats of Other Qualified total number of votes until all the additional seats
Parties are allocated.
Step Three. The next step is to solve for the number
4. Each party, organization, or coalition shall be 50
entitled to not more than three (3) seats.
of additional seats that the other qualified parties are

CONSTITUTIONAL LAW I
entitled to, based on proportional representation. The In computing the additional seats, the guaranteed
formula is encompassed by the following complex seats shall no longer be included because they have
fraction: already been allocated, at one seat each, to every
two-percenter. Thus, the remaining available seats
No. of votes of
for allocation as additional seats are the maximum
Additional seats concerned party No. of additional
for concerned = --------------- x seats allocated seats reserved under the Party List System less the
party No. of votes of to first party guaranteed seats. Fractional seats are disregarded in
the first party the absence of a provision in R.A. No. 7941 allowing
for a rounding off of fractional seats.
Incidentally, if the first party is not entitled to any
additional seat, then the ratio of the number of The three-seat cap, as a limitation to the number of
votes for the other party to that for the first one is seats that a qualified party-list organization may
multiplied by zero. The end result would be zero occupy, remains a valid statutory device that prevents
additional seats for each of the other qualified any party from dominating the party-list elections.
parties as well.
However, by a vote of 8-7, the Court decided to
The above formula does not give an exact
continue the ruling in Veterans disallowing major
mathematical representation of the number of
political parties from participating in the party-list
additional seats to be awarded since, in order to be
elections, directly or indirectly. [Barangay Association
entitled to one additional seat, an exact whole number
for National Advancement and Transparency
is necessary. In fact, most of the actual mathematical
(BANAT) v. Comelec, (2009)]
proportions are not whole numbers and are not
rounded off for the reasons explained earlier.
Puno, C.J., Concurring and Dissenting Opinion:
To repeat, rounding off may result in the awarding of a
Limiting the party-list system to the marginalized and
number of seats in excess of that provided by the law.
excluding the major political parties from participating
Furthermore, obtaining absolute proportional in the election of their representatives is aligned with
representation is restricted by the three-seat-per-party the constitutional mandate to reduce social,
limit to a maximum of two additional slots. An increase economic, and political inequalities, and remove
in the maximum number of additional representatives cultural inequalities by equitably diffusing wealth and
a party may be entitled to would result in a more political power for the common good.
accurate proportional representation. But the law itself
The evils that faced our marginalized and
has set the limit: only two additional seats. Hence, we
underrepresented people at the time of the framing of
need to work within such extant parameter. [Veterans
the 1987 Constitution still haunt them today. It is
Federation Party v. Comelec, (2000)]
through the party-list system that the Constitution
sought to address this systemic dilemma. In ratifying
SC declared the 2%-threshhold used for computing the Constitution, our people recognized how the
the allocation of additional seats under the Veterans interests of our poor and powerless sectoral groups
Formula, pursuant to Sec. 11, RA 7941, can be frustrated by the traditional political parties
unconstitutional, because it renders the attainment who have the machinery and chicanery to dominate
of the maximum number of available party seats our political institutions. If we allow major political
mathematically impossible once the available party list parties to participate in the party-list system electoral
seats exceeds 50, as in the present state of the law, process, we will surely suffocate the voice of the
where 55 seats are available to party-list marginalized, frustrate their sovereignty and betray
representatives. the democratic spirit of the Constitution.

In determining the allocation of seats for Nachura, J., Separate Opinion:


party-list representatives under Section 11 of
R.A. No. 7941, the following procedure shall The inflexible 2% threshold vote required for
be observed: entitlement by a party-list group to a seat in the House
1. The parties, organizations, and coalitions shall be of Representatives in Republic Act (R.A.) No. 7941 is
ranked from the highest to the lowest based on unconstitutional.
the number of votes they garnered during the
elections. This minimum vote requirement fixed at 2% of the
2. The parties, organizations, and coalitions total number of votes cast for the party list system
receiving at least two percent (2%) of the total presents an unwarranted obstacle to the full
votes cast for the party-list system shall be implementation of Section 5 (2), Article VI, of the
entitled to one guaranteed seat each. Philippine Constitution.
3. Those garnering sufficient number of votes,
As such, it effectively defeats the declared
according to the ranking in paragraph 1, shall be
constitutional policy, as well as the legislative
entitled to additional seats in proportion to their
POLITICAL LAW REVIEWER Chapter IV. CURRENT EVENTS and SPECIAL TOPICS

objective expressed in the enabling law, to allow the


peoples broadest representation in Congress, the o Under the 1973 Constitution, a similar provision
raison detre for the adoption of the party-list system. expressly referred to this appearance as the
question hour. In contrast to such provision,
51
A legal provision that poses an insurmountable barrier however, the tenor of its counterpart in the

CONSTITUTIONAL LAW I
to the full implementation and realization of the present Constitution is merely permissive. Hence,
constitutional provision on the party-list system should the President may or may not consent to the
be declared void. appearance of the heads of departments; and
even if he does, he may require that the
I submit that, until Congress shall have effected an appearance be in executive session.
acceptable amendment to the minimum vote Reciprocally, Congress may refuse the initiative
requirement in R.A. 7941, we abide by the sensible taken by a department secretary.
standard of proportional representation and adopt a
gradually regressive threshold vote requirement, 5. Likewise, Congress exercises legislative scrutiny
inversely proportional to the increase in the thru its power of confirmation.
number of party-list seats.
B. Congressional Investigation
Thus, at present, considering that there are 55 seats
allocated for party-list groups, the formula should be: Art. VI, Sec. 21. The Senate or the House of
100% Representatives or any of its respective committee may
conduct inquiries in aid of legislation in accordance with
(Total # of votes cast for party-list)
its duly published rules of procedure. The rights of persons
55 party-list seats = 1.818% appearing in or affected by such inquiries shall be respected.
The minimum vote requirement will gradually o Limitations
lessen as the number of party-list seats increases. i. Must be in aid of legislative functions
Accordingly, if the scenario we presented above ii. Must be conducted in accordance with duly
should ever come to pass, and there are 100 seats published rules of procedure
allocated for party-list groups, then the threshold vote iii. Persons appearing therein are afforded their
should be 1%, based on the following computation: constitutional rights
100% Although there is no provision in the Constitution
(Total # of votes cast for party-list) expressly investing either House of Congress
100 party-list seats = 1% with power to make investigations and exact
testimony to the end that it may exercise its
legislative functions advisedly and effectively,
II. Question Hour v. Inquiries In Aid of such power is so far incidental to the legislative
Legislation function as to be implied. In other words, the
power of inquiry with process to enforce it is
Macalintal v. Comelec, (2003), Puno, C.J., an essential and appropriate auxiliary to the
Concurring and Dissenting Opinion: legislative function. A legislative body cannot
legislate wisely or effectively in the absence of
Categories of Congressional Oversight Functions
information respecting the conditions which
A. Scrutiny legislation is intended to affect or change; and
1. Primary purpose is to determine economy and where the legislative body does not itself possess
efficiency of the operation of government the requisite information which is not
activities frequently true recourse must be had to others
2. In the exercise of legislative scrutiny, Congress who do possess it. [Arnault v. Nazareno, (1950)]
may request information and report from the
other branches of government. C. Legislative Supervision
3. based primarily on the power of appropriation of
Congress exercises supervision over the executive
Congress
agencies through its veto power.
4. Congress can ask the heads of departments to
appear before and be heard by either House of It typically utilizes veto provisions when granting the
Congress on any matter pertaining to their President or an executive agency the power to
departments. promulgate regulations with the force of law. These
provisions require the President or an agency to
Art. VI, Sec. 22. The heads of departments may, upon their
own initiative, with the consent of the President, or upon the present the proposed regulations to Congress, which
request of either House, as the rules of each House shall retains a right to approve or disapprove any
provide, appear before and be heard by such House on any regulation before it takes effect.
matter pertaining to their departments. Written questions
shall be submitted to the President of the Senate or the
Speaker of the House of Representatives at least three days
before their scheduled appearance. Interpellations shall not
be limited to written questions, but may cover matters related
thereto. When the security of the State or the public interest
so requires and the President so states in writing, the
appearance shall be conducted in executive session
POLITICAL LAW REVIEWER Chapter IV. CURRENT EVENTS and SPECIAL TOPICS

III. Executive Privilege where such exemption is necessary to the


discharge of highly important executive
Citing American sources, the SC defined and
explained executive privilege as follows ---
responsibilities involved in maintaining 52
governmental operations, and
(1) It is the right of the President and high-level

CONSTITUTIONAL LAW I
extends not only to military and diplomatic
executive branch officers to withhold information
secrets but also to documents integral to an
from Congress, the courts, and ultimately the
appropriate exercise of the executive domestic
public;
decisional and policy making functions, that is,
(2) It takes on various forms, whereby U.S.
those documents reflecting the frank expression
Presidents invoke it in order to prevent a
necessary in intra-governmental advisory and
subversion of crucial military or diplomatic
deliberative communications. [Neri v Senate
objectives, or to protect the identity of informers,
(2008)]
or to maintain the internal nature of the
formulation of governmental decisions and
Two kinds of executive privilege:
policies;
[citing In re: Sealed Case]
(3) It is based on the constitutional doctrine of
1. Presidential Communications Privilege
separation of powers. [Senate v. Ermita, (2006)]
2. Deliberative Process Privilege
exempts the executive from disclosure
requirements applicable to the ordinary citizen or
organization

Presidential Communications Deliberative Process


Scope Communications, documents or other materials that reflect Advisory opinions, recommendations
presidential decision-making and deliberations and that the and deliberations comprising part of a
President believes should remain confidential process by which governmental
o applies to documents in their entirety, and covers final and post- decisions and policies are formulated.
decisional materials as well as pre-deliberative ones
Who are President Executive officials
covered operational proximity test: meant to encompass only those
functions that form the core of presidential authority, involving
what the court characterized as quintessential and non-
delegable
Basis Rooted in the constitutional principle of separation of power and Common law privilege
the Presidents unique constitutional role
Elements 1. The protected communication must relate to a quintessential
and non-delegable presidential power.
2. The communication must be authored or solicited and received
by a close advisor of the President or the President himself.
The judicial test is that an advisor must be in operational
proximity with the President.
3. The presidential communications privilege remains a qualified
privilege that may be overcome by a showing of adequate
need, such that the information sought likely contains important
evidence and by the unavailability of the information elsewhere
by an appropriate investigating authority.

How does one draw the line, or balance, the


competing claims of the presidency and the
legislature?
o Citing Senate v. Ermita (2006), the Court
held that the oversight function of
Congress may be facilitated by
compulsory process only to the extent
that it is performed in pursuit of
legislation.
o It is conceded that it is difficult to draw the
line between an inquiry in aid of legislation
and an inquiry in the exercise of oversight
function of Congress. In this regard, much
will depend on the content and the manner
the inquiry is conducted.
POLITICAL LAW REVIEWER Chapter IV. CURRENT EVENTS and SPECIAL TOPICS

IV. Peoples Initiative V. Right of Reply


Lambino v. COMELEC (2006):
In Santiago v. COMELEC (1997), the SC declared Highlights of House Bill No. 3306 53
RA. 6735 on Peoples Initiative to be incomplete,

CONSTITUTIONAL LAW I
A. To Whom the Right to Reply is Granted
inadequate, or wanting in essential terms and
conditions insofar as initiative on amendments to the 1. All persons accused of any crime or offense
Constitution is concerned. defined by law, or
2. Criticized by innuendo, suggestion or rumor for
The Lambino petition seeks to use the same law for a any lapse in behavior in public or private life.
new peoples initiative in order to convert the present
government set-up into a parliamentary-unicameral
system. B. Where Reply is Published or Broadcast

Held: 1. Same space of the printed media where


o The Court held that the Santiago decision need accusation or criticism was published
not be revisited. The Lambino petition warranted 2. Same program where accusation or criticism was
outright dismissal for failure to comply with the broadcast
basic requirement of Section 2, Art. XVII such Media covered include websites and any
that an affirmation or reversal of Santiago will not electronic devices
change the outcome of the case.
C. When Reply is Published or Broadcast
o The Lambino petition failed to comply because:
a) the initiative petition did not present the full Not later than 1 day after the reply shall have been
text of the proposed amendments, and delivered to the editorial office of the publication
b) the proposed changes constituted revision, concerned or to the station that carried the broadcast
not amendment. being replied to.
o The essence of amendments directly proposed
by the people through initiative upon petition is D. Length of Reply
that the entire proposal on its face is a petition by Not longer than the accusation or criticism.
the people. This means the 2 essential
elements must be present:
1) The people must author and thus sign the E. Other Provisions
entire proposal. No agent or representative 1. It is the obligation of the publication or
can sign on their behalf. broadcast network which featured the
2) As an initiative upon a petition, the proposal accusations against a person, if the latter is
must be embodied in the petition. eventually cleared of the crime alluded to him, to
o Further, a peoples initiative could only propose correct its previous report.
amendments, not revisions. Only a Congress or 2. The publication or broadcasting of the reply shall
a Constitutional Convention can propose both be free of charge, payment or fees.
amendments and revisions to the Constitution. A 3. Failure or refusal to publish or broadcast a reply
change in the form of governmentfrom or the correction of an erroneous news item is
presidential and bicameral to parliamentary and carries penal sanctions consisting of both fines
unicameralconstitutes revision and not merely and imprisonment.
an amendment. 4. The publication of the reply or correction does not
preclude recourse to the exercise of other legal
rights and remedies available to the party
concerned.
POLITICAL LAW REVIEWER Chapter IV. CURRENT EVENTS and SPECIAL TOPICS

VI. The (Erstwhile) Province of Shariff 2. Only Congress can create provinces and
Kabunsuan cities because the creation of provinces and
cities necessarily includes the creation of
54
Sema v. Comelec, (2008): legislative districts, a power only Congress

CONSTITUTIONAL LAW I
can exercise under Section 5, Article VI of the
Facts:
Constitution and Section 3 of the Ordinance
o The ARMM's legislature, the ARMM Regional
Assembly, exercising its power to create appended to the Constitution. The ARMM
Regional Assembly cannot create a province
provinces under Section 19, Article VI of RA
without a legislative district because the
9054, enacted Muslim Mindanao Autonomy Act
No. 201 (MMA Act 201) creating the Province of Constitution mandates that every province shall
Shariff Kabunsuan. have a legislative district. Thus, MMA Act 201,
enacted by the ARMM Regional Assembly and
o The province was composed of the eight
creating the Province of Shariff Kabunsuan, is
municipalities in the first district of Maguindanao
and the City of the Cotabato. However, Cotabato void.
City, though part of the first legislative district of
Maguindanao, voted against its inclusion in the
ARMM in the plebiscite held in November 1989. VII. MOA on Ancestral Domain (MOA-AD)

Issue: WON the ARMM Regional Assembly can Province of North Cotabato v. GRP, Esperon
create the Province of Shariff Kabunsuan. (2008)
Held: Facts:
1. There is no provision in the Constitution that
conflicts with the delegation to regional legislative In lieu of the historical hostilities occurring in
bodies of the power to create municipalities Mindanao perpetrated by Muslim secessionist groups
and barangays, provided the provisions of and the failure of a number of peace talks entered into
Section 10, Article X of the Constitution is between the government and the MNLF (the MILF
followed. broke away from MNLF and continued armed
hostilities), President Arroyo issued Executive Order
However, the creation of provinces and cities No.3 defining the policy and administrative structure
is another matter. for the governments comprehensive peace effort.
Section 5 (3), Article VI of the Constitution Later on, she issued Memorandum of Instructions to
provides, Each city with a population of at least the GRP Peace Panel providing the General
two hundred fifty thousand, or each province, Guidelines on the Peace Talks with the MILF.
shall have at least one representative in the Pursuant to this, the MILF and the AFP suspended all
House of Representatives. military actions and began the peace talks. But
despite two rounds of formal peace talks, violence still
Similarly, Section 3 of the Ordinance appended to ensued.
the Constitution provides, Any province that may
hereafter be created, or any city whose Later on, the GRP and the MILF again agreed to a
population may hereafter increase to more than cessation of hostilities to give way to exploratory talks
two hundred fifty thousand shall be entitled in the to be conducted in Kuala Lumpur. The exploratory
immediately following election to at least one talks culminated in the drafting of the subject of MOA-
Member. AD intended to be signed on August 5, 2008 in Kuala
Lumpur.
Thus, the power to create a province or city
inherently involves the power to create a Petitioners wanted to secure copies of the MOA but
legislative district. they were denied. They filed petitions which resulted
to a cease and desist order from the Supreme Court
The creation of the ARMM, and the grant of restraining the government to sign the MOA-AD and
legislative powers to its Regional Assembly under prompted the SolGen to submit to the court the final
its organic act, did not divest Congress of its draft of the MOA-AD.
exclusive authority to create legislative
districts. To allow the ARMM Regional Assembly Later on, the Executive Department pronounced that it
to create a national office is to allow its legislative would not longer sign the MOA-AD and dissolved the
powers to operate outside the ARMMs territorial GRP Peace Panel.
jurisdiction.
Petitioners still filed 13 petitions assailing the
This violates Section 20, Article X of the constitutionality of the MOA-AD arguing that there
Constitution which expressly limits the coverage remains a justiciable controversy to resolve.
of the Regional Assemblys legislative powers
[w]ithin its territorial jurisdiction x x x. Held:
Concrete acts under the MOA-AD are not necessary
Thus, the creation of the Province of Shariff to render the present controversy ripe. In Pimentel, Jr.
Kabunsuan without a legislative district is v. Aguirre (2000), this Court held that the mere
unconstitutional. enactment of the questioned law or the approval of
POLITICAL LAW REVIEWER Chapter IV. CURRENT EVENTS and SPECIAL TOPICS

the challenged action ripened the dispute to a judicial Also:


controversy even without any other overt act. By the 1. The Presidential Adviser on Peace Process,
same token, when an act of the President, who in our General Esperon, committed grave abuse of 55
constitutional scheme is a coequal of Congress, is discretion when he failed to carry out the

CONSTITUTIONAL LAW I
seriously alleged to have infringed the Constitution pertinent consultation process as required by EO
and the laws, settling the dispute becomes the duty 3, RA 7160 (LGC) and RA 8371 (IPRA).
and the responsibility of the courts.
Contrary to the contention of the respondents, the 2. The MOA-AD cannot be reconciled with the
non-signing of the MOA-AD and the eventual Constitution and laws, particularly the associative
dissolution of the GRP Peace Panel did not moot the relationship envisioned between GRP and BJE.
present petitions. It bears emphasis that the signing of Therefore, it is unconstitutional.
the MOA-AD did not push through due to the Court's
issuance of a Temporary Restraining Order. 3. The clause on the MOA-AD that inconsistent
Likewise, the MOA-AD cannot be considered a mere provisions will not take effect until the framework
"list of consensus points," especially given its is amended does not cure the MOA-ADs
nomenclature, the need to have it signed or initialed unconstitutionality.
by all the parties concerned on August 5, 2008, and
the far-reaching Constitutional implications of 4. Respondents act of guaranteeing the
these "consensus points," foremost of which is the amendments is, by itself, already a constitutional
creation of the BJE. In fact, there is a commitment on violation.
the part of respondents to amend and effect
necessary changes to the existing legal framework for Nachuras Dissent:
certain provisions of the MOA-AD to take effect.
Consequently, the present petitions are not confined In light of supervening events, there is no more actual
to the terms and provisions of the MOA-AD, but to case or controversy to be resolved. There can be no
other on-going and future negotiations and violation of the Constitution because the MOA-AD
agreements necessary for its realization. The was not consummated. On the substantive aspect,
petitions have not, therefore, been rendered moot and Nachura believed that the constitutionality of the
academic simply by the public disclosure of the MOA- MOA-AD should be viewed from the perspective of
AD, the manifestation that it will not be signed as well executive power. As Chief Executive and
as the disbanding of the GRP Panel not withstanding. Commander-in-Chief, there is an implied power given
Moreover, these petitions are imbued with paramount to the President as protector of peace. Implied from
public interest, involving a significant part of the the calling out power of the President which does not
country's territory and the wide-ranging political require existence of actual invasion or rebellion, the
modifications of affected LGUs. The assertion that the President may exercise not only emergency powers,
MOA-AD is subject to further legal enactments but day-to-day problems of maintaining peace and
including possible Constitutional amendments more order and ensuring domestic tranquility. The mandate
than ever provides impetus for the Court to formulate of the GRP Peace Panel emanated from Executive
controlling principles to guide the bench, the bar, Order No. 3 which was issued pursuant to the power
the public and, in this case, the government and of the President to maintain peace and order.
its negotiating entity.

- end of Constitutional Law I -


POLITICAL LAW REVIEWER TABLE of CONTENTS

CONSTITUTIONAL LAW II
Table of Contents

Chapter I. Bill of Rights .................................58 I. Nature and Scope ............................... 74 57


I. In General ...........................................58 II. ARREST.............................................. 74

CONSTITUTIONAL LAW II
II. Bases and Purpose.............................59 A. Requisites for Issuance of a Valid
A. Bases: .............................................59 Arrest Warrant ......................................... 74
III. Accountability ......................................59 B. Requisites of a Valid Warrantless
Arrest (Rule 113, Sec. 5, Rules on Criminal
Chapter II. Fundamental Powers ..................60 Procedure)............................................... 75
of the State......................................................60 III. SEARCH AND SEIZURE.................... 77
I. Police Power .......................................60 IV. Detention/Custodial Investigation ....... 80
A. Definition .........................................60 A. Rights under Custodial Investigation
II. Eminent Domain..................................63 80
A. Definition .........................................63 B. Tests of Waiver of Miranda Rights . 83
B. Who May Exercise..........................63 V. Protocol After Conduct Of Investigation
C. Requisites .......................................64 84
III. Taxation ..............................................65 VI. Other Rights Guaranteed Under Art. III.
A. Definition and Scope.......................65 Sec. 12......................................................... 84
B. Who May Exercise.........................65 VII. Exclusionary Rules ......................... 84
C. Limitations.......................................65 VIII. Right to Bail .................................... 86
D. Double Taxation..............................66
Chapter VI. Rights of the Accused ............... 88
Chapter III. Due Process................................67 II. Rights Post Trial.................................. 91
I. In General ...........................................67 Chapter VII. Writs ........................................... 94
II. Substantive Due Process....................67 I. HABEAS CORPUS ............................. 94
A. Scope..............................................68 II. WRIT OF AMPARO ............................ 96
B. Requisites .......................................68 III. WRIT OF HABEAS DATA................... 96
C. Doctrines.........................................68
III. Procedural Due Process .....................69 Chapter VIII. Privacy of Communication and
A. Scope..............................................69 Correspondence ............................................ 99
B. Kinds ...............................................69 I. Intrusion, When Allowed ..................... 99
IV. Due Process As Limitation On II. Forms of Correspondence Covered ... 99
Fundamental State Powers .........................70 III. ENABLING LAW ................................. 99
A. Vis--vis Police Power ....................70
B. Vis--vis Eminent Domain ..............70 Chapter IX. Freedom of Expression ........... 101
C. Vis--vis Power to Tax....................71 I. Basis, Components, Scope and
Limitations.................................................. 101
Chapter IV. Equal Protection of the Laws....72 II. CONTENT-BASED RESTRICTIONS103
I. Definition and Scope of Protection......72 IV. CONTENT-NEUTRAL RESTRICTIONS
II. Requisites of Valid Classification ........72 106
III. Examples of Valid Classification .........72
Chapter X. Freedom of Religion ................. 109
A. Aliens ..............................................72
I. Non-establishment Clause................ 109
B. Filipino Female Domestics Working
II. Free Exercise Clause........................ 110
Abroad .....................................................73
III. Tests ................................................. 111
C. Land-based vs. Sea-based Filipino
Overseas Workers...................................73 Chapter XI. Liberty of Abode and Travel ... 112
D. Qualification for Elective Office.......73 I. Liberty of Abode................................ 112
E. Office of the Ombudsman...............73 II. Right to Travel................................... 112
F. Print vs. Broadcast Media...............73 III. Right to Return to Ones Country...... 112
IV. Standards of Judicial Review..............73
A. Rational Basis Test ......................73 Chapter XII. RA 9372: Human Security Act*
B. Strict Scrutiny Test .......................73 ....................................................................... 113
C. Intensified Means Test .................73
Chapter XIII. Latest Cases........................... 119
Chapter V. Requirements for Fair Procedure
.........................................................................74
POLITICAL LAW REVIEWER Chapter I. BILL of RIGHTS

Chapter I. Bill of Rights


CONSTITUTIONAL LAW II TEAM

CONSTITUTIONAL LAW II
Prof. Ibarra M. Gutierrez I. IN GENERAL
Faculty Editor
II. BASES AND PURPOSE
Paula Deveraturda A. BASES
Lead Writer
B. PURPOSE 58
Tina Amador III. ACCOUNTABILITY

CONSTITUTIONAL LAW II
Dan Avila
Richard Beltran
Daniel Convocar I. In General
Michael Manotoc
Sam Nuez
Che Santos It is a declaration and enumeration of a person's
Alyanna Orbeta fundamental civil and political rights. It also
Writers
imposes safeguards against violations by the
POLITICAL LAW government, by individuals, or by groups of
individuals.
Jennifer Go
Subject Editor
People vs. Marti, G.R. No. 81561 (January 18,
ACADEMICS COMMITTEE 1991):
Kristine Bongcaron
Michelle Dy The Bill of Rights governs the relationship
Patrich Leccio between the individual and the state. Its
Editors-in-Chief concern is not the relation between individuals,
PRINTING & DISTRIBUTION between a private individual and other
individuals. What the Bill of Rights does is to
Kae Guerrero declare some forbidden zones in the private
DESIGN & LAYOUT sphere inaccessible to any power holder.
(Sponsorship Speech of Commissioner Bernas ,
Pat Hernandez
Record of the Constitutional Commission, Vol. 1,
Viktor Fontanilla
Romualdo Menzon Jr. p. 674; July 17, 1986; Emphasis supplied)
Rania Joya
It is generally self-executing.
LECTURES COMMITTEE
Michelle Arias Article III contains the chief protection for
Camille Maranan human rights but the body of the Constitution
Angela Sandalo guarantees other rights as well.
Heads
Katz Manzano Mary Rose Beley 1. Civil rights rights that belong to an
Sam Nuez Krizel Malabanan
individual by virtue of his citizenship in a
Arianne Cerezo Marcrese Banaag
Volunteers state or community (e.g. rights to property,
marriage, freedom to contract, equal
MOCK BAR COMMITTEE protection, etc.)
Lilibeth Perez
2. Political rights rights that pertain to an
BAR CANDIDATES WELFARE individuals citizenship vis--vis the
management of the government (e.g. right of
Dahlia Salamat
suffrage, right to petition government for
LOGISTICS redress, right to hold public office, etc.)
Charisse Mendoza
3. Social and economic rights rights which
SECRETARIAT COMMITTEE are intended to insure the well-being and
economic security of the individual
Jill Hernandez
Head
4. Rights of the accused civil rights
Loraine Mendoza Faye Celso intended for the protection a person accused
Mary Mendoza Joie Bajo
of any crime
Members
POLITICAL LAW REVIEWER Chapter I. BILL of RIGHTS

II. Bases and Purpose III. Accountability

People vs. Marti (1991):


A. Bases:
1. Importance accorded to the dignity and
That the Bill of Rights embodied in the
worth of the individual.
Constitution is not meant to be invoked
59
2. Protection against arbitrary actions of

CONSTITUTIONAL LAW II
against acts of private individuals
government and other members of
society
Serrano vs. NLRC (2000):
B. Purpose:
1. To preserve democratic ideals Section 3 of Article XIII of the Constitution
2. To safeguard fundamental rights requires the State to give full protection to labor.
3. To promote the happiness of an We cannot be faithful to this duty if we give no
individual protection to labor when the violator of its rights
happens to be private parties like private
employers. A private person does not have a
Philippine Blooming Mills Employees better right than the government to violate an
Organization vs. Philippine Blooming Mills Co., employee's right to due process. To be sure,
Inc. (1973): violation of the particular right of employees to
security of tenure comes almost always from
The Bill of Rights is designed to preserve the their private employers.
ideals of liberty, equality and security
"against the assaults of opportunism, the
expediency of the passing hour, the erosion of
small encroachments, and the scorn and
derision of those who have no patience with
general principles." (Justice Cardoso, Nature of
Judicial Process, 90-93; Tanada and Fernando,
Constitution of the Philippines, 1952 ed., 71.)

In the pithy language of Mr. Justice Robert


Jackson, the purpose of the Bill of Rights is
to withdraw "certain subjects from the
vicissitudes of political controversy, to place
them beyond the reach of majorities and
officials, and to establish them as legal
principles to be applied by the courts. One's
rights to life, liberty and property, to free speech,
or free press, freedom of worship and assembly,
and other fundamental rights may not be
submitted to a vote; they depend on the
outcome of no elections." (West Virginia State
Board of Education vs. Barnette, 319 U.S. 624,
638)
POLITICAL LAW REVIEWER Chapter II. FUNDAMENTAL POWERS

Bank and Trust Co. (1979):


Chapter II. Fundamental Powers of the
State the state, in order to promote the general
welfare, may interfere with personal liberty,
I. POLICE POWER with property, and with business and
A. DEFINITION occupations. Persons may be subjected to 60
B. SCOPE AND LIMITATIONS all kinds of restraints and burdens, in order

CONSTITUTIONAL LAW II
C. WHO MAY EXERCISE to secure the general comfort health and
D. TESTS FOR VALIDITY OF EXERCISE prosperity of the state and to this
E. ILLUSTRATION ON THE EXERCISE fundamental aim of our Government, the
II. EMINENT DOMAIN rights of the individual are subordinated.
A. DEFINITION (citations omitted)
B. WHO MAY EXERCISE
C. REQUISITES Ermita-Malate Hotel and Motel Operators
III. TAXATION Assoc. vs. Mayor of Manila (1967):
A. DEFINITION AND SCOPE
B. WHO MAY EXERCISE ...has been properly characterized as the
C. LIMITATIONS most essential, insistent and the least
D. DOUBLE TAXATION limitable of powers, (Cf. Ichong v.
Hernandez, (1957) 101 Phil. 1155, at p.
I. Police Power 1163) extending as it does "to all the great
public needs." (Noble state Bank vs.
A. Definition Haskell, 219 U.S. 412)
Ermita-Malate Hotel and Motel Operators
Association, Inc. vs. Mayor of Manila (1967): Specific Coverage

It is the inherent and plenary power of the Public Health


state which enables it to prohibit all that is Public Morals
hurtful to the comfort, safety and welfare of Public Safety
society. Public Welfare

B. Scope and Limitations 2. Limitations


1. Scope
US vs. Toribio (1910):
General Coverage:
The legislative determination as to what is a
Rubi vs. Provincial Board, G.R. No. L-14078 proper exercise of its police powers is not final
(March 7, 1919) or conclusive, but is subject to the supervision of
the court. (Mr. Justice Brown in his opinion in
"The police power of the State," one court the case of Lawton vs. Steele [152 U.S., 133,
has said, "is a power coextensive with self- 136]
protection, and is not inaptly termed the 'law
of overruling necessity.' It may be said to be C. Who May Exercise
that inherent and plenary power in the State
which enables it to prohibit all things hurtful 1. Legislature
to the comfort, safety and welfare of
society." (Lake View vs. Rose Hill Cemetery Police power is lodged primarily in the
Co. [1873], 70 Ill., 191.) national legislature.

It may be said to be that inherent and 2. Executive


plenary power in the State which enables it
to prohibit all things hurtful to the comfort, By virtue of a valid delegation of legislative
safety and welfare of society." (Lake View power, it may also be exercised by the
vs. Rose Hill Cemetery Co. [1873], 70 Ill., president, administrative bodies, and
191.) lawmaking bodies of LGUs (R.A. 7160, sec.
16).
Ortigas & Co., Limited Partnership vs. Feati
POLITICAL LAW REVIEWER Chapter II. FUNDAMENTAL POWERS

Churchill and Tait vs. Rafferty (1915): Scope of the police power: Since the Courts
cannot foresee the needs and demands of
...this power is limited only by the Acts of public interest and welfare, they cannot delimit
Congress and those fundamentals principles beforehand the extent or scope of the police
which lie at the foundation of all republican power by which and through which the state
forms of government. An Act of the Legislature seeks to attain or achieve public interest and 61
which is obviously and undoubtedly foreign to welfare.

CONSTITUTIONAL LAW II
any of the purposes of the police power and
interferes with the ordinary enjoyment of Police power and national security: The
property would, without doubt, be held to be disputed law was enacted to remedy a real
invalid. actual threat and danger to national
economy posed by alien dominance and control
Note: MMDA vs. Garin (2005): of the retail business; the enactment clearly falls
within the scope of the police power of the State,
Rep. Act No. 7924 does not grant the MMDA thru which and by which it protects its own
with police power, let alone legislative power, personality and insures its security and future.
and that all its functions are administrative in
nature. (MMDA v. Bel-Air Village Association,
G.R. No. 135962, March 27, 2000) BUT it is not 2. Public Safety
precludedand in fact is duty-boundto
confiscate and suspend or revoke drivers' Agustin vs. Edu, (1979):
licenses in the exercise of its mandate of
transport and Agustin questions President Marcos Letter of
traffic management, as well as the Instruction No. 229 compelling owners of
administration and implementation of all traffic motor vehicles to install specific early
enforcement operations, traffic engineering warning devices to reduce road accidents.
services and traffic education programs. Agustin already installed warning devices in his
(Section 3(b), Rep. Act No. 7924) car but they were not the same ones specified in
the LOI. He argued that the said LOI violated the
police power of the state for being oppressive,
D. Tests for Validity of Exercise of Police arbitrary and unconscionable.
Power
Police power, public safety: The Court
1. LAWFUL SUBJECT: Interest of the general
identified police power as a dynamic agency,
public (as distinguished from a particular
suitably vague and far from precisely
class required exercise).
defined, rooted in the conception that men in
organizing the state and imposing upon its
2. LAWFUL MEANS: Means employed is
government limitations to safeguard
reasonably necessary for the
constitutional rights did not intend to enable an
accomplishment of the purpose, and is not
individual citizen or a group of citizens to
unduly oppressive
obstruct unreasonably the enactment of
such salutary measures calculated to
E. Illustrations on the Exercise of Police communal peace, safety, good order, and
Power welfare. According to the Court, a heavy burden
lies in the hands of the petitioner who questions
1. National Security the states police power if was clearly intended
to promote public safety.
Ichong vs. Hernandez (1957):

SC upheld the constitutionality of RA 1180 (An 3. Public Morals


Act to Regulate the Retail Business) which
sought to nationalize the retail trade business by Ermita-Malate Motel and Motel Operators
prohibiting aliens in general from engaging Assn. vs. City Mayor of Manila (1967):
directly or indirectly in the retail trade. Aliens did
not question the exercise of police power; they Ermita Malate Hotel and Motel Operations
claim, however, that there was a violation of the Assoc. assails the constitutionality of Ordinance
due process and equal protection clauses. No. 4760.
POLITICAL LAW REVIEWER Chapter II. FUNDAMENTAL POWERS

The grounds adduced were: (1) unreasonable A reading of the ordinance at bar would yield
and violative of due process insofar as it that it prohibits two practices: the wash rate
would impose different fees for different classes admission and renting out a room more than
of hotels/motels and prohibit 18 year-olds from twice per day.
being accepted in such hotels, unless
accompanied by parents or a lawful guardian These prohibitions are anchored in the power of 62
and making it unlawful for the owner, manager, the LGU to implement ordinances hinged on the

CONSTITUTIONAL LAW II
keeper or duly authorized representative of such general welfare clausethe devolved aspect of
establishments to lease any room or portion police power.
more than twice every 24 hours, and (2)
invasion of the right to privacy and the This case churned out three standards for
guaranty against self-incrimination because it judicial review: the STRICT SCRUTINY TEST
requires clients to fill up the prescribed form in a for laws dealing with freedom of the mind and
lobby open to public view at all times and in his curtailment of political process and the
presence, wherein personal information are RATIONAL BASIS STANDARD OF REVIEW for
mandated to be divulged. economic legislation. A third standard was
created known as the IMMEDIATE SCRUTINY
Police power, public morals: The mantle of for evaluating standards based on gender and
protection associated with the due process legitimacy.
guaranty does not cover petitioners. This
particular manifestation of a police power The Supreme Court justified the application of
measure being specifically aimed to the strict scrutiny test to this particular
safeguard public morals is immune from ordinance despite its lack of political significance
such imputation of nullity resting purely on by saying that it is not gravitas alone which is
conjecture and unsupported by anything of sheltered by the Bill of Rights. It is precisely
substance. Police power is "that inherent and these reflexive exercises of fundamental acts
plenary power in the State which enables it which best reflect the degree of liberty
to prohibit all that is hurt full to the comfort, enjoyed.
safety, and welfare of society xxx There is no
question but that the challenged ordinance was Sexual behavior is one of these fundamental
precisely enacted to minimize certain practices acts covered by the penumbra of rights.
hurtful to public morals. While the reality of illicit activity is judicially
recognized, it cannot be denied that sexual
Cf. White Light Corporation, et al vs. City of behavior between consenting adults is
Manila (2009): constitutionally protected.

The case of White Light vs. City of Manila was Apart from the right to privacy, the ordinance
termed by Justice Tinga as a middle case. It also proscribes other legitimate activities most of
which are grounded on the convenience of
was meant to identify its case within a spectrum
having a place to stay during the short intervals
of cases decided by the Supreme Court which
dealt with ordinances which has for its view between travels.
the regulation of public morals.
The Ordinance was struck down as an arbitrary
intrusion to private rights. It made no
It is called a middle case because unlike its
distinction between lodgings and placed
predecessors where the issue is either a
every establishment as susceptible to illicit
wholesale ban against hotels and motels or a
patronage.
reasonable regulatory device as the one found
in Ermita-Malate vs. City of Manila, this is a
case where the ordinance in question 4. The National Economy
severely restricts the services of the
abovementioned establishments. U.S. vs. Toribio, G.R. No. L-5060 (January 26,
1910)
The ratio decidendi started with an outline of the
test of a valid ordinance i.e. it must be within the Police power, national economy The State
corporate powers of the local government to can restrict or limit private use, if such is
deemed by the legislature to be detrimental to
enact and pass and it must conform with
the public welfare.
substantive requirements.
POLITICAL LAW REVIEWER Chapter II. FUNDAMENTAL POWERS

In this case, the general public interest and taking into account ecological, developmental,
the countrys material welfare is affected or equity considerations, and subject to the
because of the contagious disease that payment of just compensation.
threatened to kill all the carabaos in the
country, such carabaos being the work animal In determining retention limits, the State shall
almost exclusively in use in the fields as well as respect the right of small landowners. The State 63
for draft purposes. shall further provide incentives for voluntary

CONSTITUTIONAL LAW II
land-sharing.
The scarcity of these animals, the increase in
their sale value, and the prevalence of carabao Art. XIII, Sec. 9 The State shall, by law, and for
thefts, justified Legislature to adopt the common good, undertake, in cooperation
reasonable measures for the preservation of with the private sector, a continuing program
these work animals, even to the extent of of urban land reform and housing which will
prohibiting and penalizing what would, under make available at affordable cost, decent
ordinary conditions, be a perfectly legitimate and housing and basic services to under-
proper exercise of rights of ownership and privileged and homeless citizens in urban
control of the private property of the citizen. centers and resettlement areas.

The police power rests upon necessity and It shall also promote adequate employment
the right of self-protection and. it is clear opportunities to such citizens. In the
that the enactment of the provisions of the implementation of such program the State shall
statute under consideration was required by respect the rights of small property owners.
"the interests of the public generally, as
distinguished from those of a particular Art XIV, Sec. 13. The National assembly may
class;" and that the prohibition of the authorize, upon payment of just compensation,
slaughter of carabaos for human the expropriation of private lands to be
consumption, so long as these animals are subdivided into small lots and conveyed at cost
fit for agricultural work or draft purposes to deserving citizens.
was a "reasonably necessary" limitation on
private ownership, to protect the community
from the loss of the services of such animals by A. Definition
their slaughter by improvident owners. It is the right of the government to take private
property with just compensation.

II. Eminent Domain Visayan Refining Co. vs. Camus, G.R. No. L-
15870 (December 3, 1919):
Art. III, Sec. 9. Private property shall not be take
for public use without just compensation. The power of eminent domain does not depend
for its existence on a specific grant in the
Art. XII, Sec. 18. The State may, in the interest constitution. It is inherent in sovereignty and
of national welfare or defense, establish and exists in a sovereign state without any
operate vital industries and, upon payment of recognition of it in the constitution. The
just compensation, transfer to public ownership provisions found in most of the state
utilities and other private enterprises to be constitutions relating to the taking of property for
operated by the government. the public use do not by implication grant the
power to the government of the state, but limit a
Art. XIII, Sec. 4 The State shall, by law, power which would otherwise be without
undertake an agrarian reform program limit. (citations omitted)
founded on the right of farmers and regular
farmworkers who are landless, to own
directly or collectively the lands they till or, B. Who May Exercise
in the case of other farmworkers, to receive Inherently:
a just share of the fruits thereof.
Executive
To this end, the State shall encourage and Legislative
undertake the just distribution of all agricultural
lands, subject to such priorities and reasonable Visayan Refining Co. vs. Camus, G.R. No. L-
retention limits as the Congress may prescribe, 15870 (December 3, 1919):
POLITICAL LAW REVIEWER Chapter II. FUNDAMENTAL POWERS

the performance of the administrative acts AS AS EXERCISED


necessary to the exercise of the power of EXERCISED BY DELEGATES
eminent domain in behalf of the state is lodged BY
by tradition in the Sovereign or other Chief CONGRESS
Executive. Extent of Pervasive and Can only be as
Power all- broad as the 64
where the Legislature has expressly conferred encompassing enabling law and

CONSTITUTIONAL LAW II
the authority to maintain expropriation the conferring
proceedings upon the Chief Executive, the right authorities want it
of the latter to proceed therein is clear. to be
Question Political Justiciable
"Once authority is given to exercise the power of question question. RTC
Necessity has to determine
of eminent domain, the matter ceases to be
wholly legislative. The executive authorities may whether there is
then decide whether the power will be invoked a genuine
and to what extent." (citations omitted) necessity for its
exercise, as well
as what the
By Delegation: propertys value
is
City of Manila vs. Chinese Community of Manila, Re: Delegate cannot
G.R. No. L-14355 (October 31, 1919) private expropriate
property private property
The general power to exercise the right of already devoted
eminent domain must not be confused with the to public use
right to exercise it in a particular case.
C. Requisites
The power of the legislature to confer, upon
municipal corporations and other entities Generally
within the State, general authority to exercise a. Taking of Private Property
the right of eminent domain cannot be b. for Public Use,
questioned by the courts, but that general c. with Just Compensation, and
authority of municipalities or entities must not be d. Due Process.
confused with the right to exercise it in particular
instances. Specifically

The moment the municipal corporation or entity (LGUs, Sec. 19, Local Government Code):
attempts to exercise the authority conferred, it a. Ordinance by a local legislature council
must comply with the conditions accompanying is enacted authorizing local chief
the authority. The necessity for conferring the executive to exercise eminent domain,
authority upon a municipal corporation to b. For public use, purpose or welfare or for
exercise the right of eminent domain is the benefit of the poor and of the
admittedly within the power of the landless,
legislature. c. Payment of just compensation,
d. Valid and definite offer has been
previously made to owner of the
But whether or not the municipal corporation or property sought to be expropriated but
entity is exercising the right in a particular case such offer was not accepted
under the conditions imposed by the general (Municipality of Paraaque vs. VM
authority, is a question which the courts have Realty, 1998)
the right to inquire into.
Heirs of Ardona vs. Reyes, G.R. Nos. L-60549,
When a stature or charter or by general law has 60553 to 60555 (October 26, 1983):
conferred the right of eminent domain upon a
private entity. (Tenorio vs. Manila Railroad Co.,
G.R. No. L-6690, March 29, 1912) The particular mention in the Constitution of
agrarian reform and the transfer of utilities and
other private enterprises to public ownership
merely underscores the magnitude of the
POLITICAL LAW REVIEWER Chapter II. FUNDAMENTAL POWERS

problems sought to be remedied by these President (o a limited extent, when


programs. They do not preclude nor limit the granted delegated tariff powers under
exercise of the power of eminent domain for Sec. 28 (2) Art. 6, 1987 Consti)
such purposes like tourism and other
development programs.
C. Limitations
65
There can be no doubt that expropriation for General Limitations

CONSTITUTIONAL LAW II
such traditions' purposes as the construction of
roads, bridges, ports, waterworks, schools, Power to tax exists for the general welfare;
electric and telecommunications systems, should be exercised only for a public
hydroelectric power plants, markets and purpose
slaughterhouses, parks, hospitals, government might be justified as for public purpose even
office buildings, and flood control or irrigation if the immediate beneficiaries are private
systems is valid. However, the concept of individuals
public use is not limited to traditional Tax should not be confiscatory: If a tax
purposes. Here as elsewhere the Idea that measure is so unconscionable as to amount
"public use" is strictly limited to clear cases of to confiscation of property, the Court will
"use by the public" has been discarded. invalidate it. But invalidating a tax measure
must be exercised with utmost caution,
Private bus firms, taxicab fleets, roadside otherwise, the States power to legislate for
restaurants, and other private businesses using the public welfare might be seriously
public streets end highways do not diminish in curtailed
the least bit the public character of
expropriations for roads and streets. The Specific Limitations
lease of store spaces in underpasses of streets
built on expropriated land does not make the Uniformity of taxation:
taking for a private purpose. Airports and piers a. General Rule: simply geographical
catering exclusively to private airlines and uniformity, meaning it operates with the
shipping companies are still for public use. same force and effect in every place
The expropriation of private land for slum where the subject of it is found
clearance and urban development is for a b. Exception: rule does not prohibit
public purpose even if the developed area is classification for purposes of taxation,
later sold to private homeowners, provided the ff requisites are met:
commercial firms, entertainment and service i. standards used are substantial and
companies, and other private concerns. not arbitrary
ii. categorization is germane to
achieve the legislative purpose
III. Taxation
iii. the law applies, all things being
A. Definition and Scope equal to both present and future
conditions
It is the enforced proportional contributions from iv. applies equally to members of the
persons and property, levied by the State by same class
virtue of its sovereignty, for the support of the c. Rules:
government and for all public needs. i. Equal protection clause: taxes
should be uniform (persons or
It is as broad as the purpose for which it is things belonging to the same class
given. shall be taxed at the same rate) and
equitable (taxes should be
Purpose: apportioned among the people
To raise revenue according to their capacity to pay)
Tool for regulation ii. Progressive system of taxation:
Protection/power to keep alive The rate increases as the tax base
increases, with basis as social
B. Who May Exercise justice
Taxation as an instrument for a
legislature (primarily) more equitable distribution of
local legislative bodies (Sec. 5 Art. 10, wealth
1987 Consti) iii. Delegated tax legislation:
Congress may delegate law-making
POLITICAL LAW REVIEWER Chapter II. FUNDAMENTAL POWERS

authority when the constitution itself members of Congress (Art. VI, sec.
specifically authorizes it. 28 (4))
d. Constitutional exemptions (1987
Impairment of Obligations of Contracts CONST., art. VI, sec. 28(3))
a. General Rule: Power of taxation may i. Educational institutions (both
not be used to violate the constitutional profit and non-profit): Benefits 66
right of every person to be secured redound to students, but only

CONSTITUTIONAL LAW II
against any statute that impairs the applied to property taxes not excise
obligation of contracts; taxes
b. Exception: But if the statute exempts a ii. Charitable institutions: Religious
party from any one class of taxes, the and charitable institutions give
imposition of a different tax is not an considerable assistance to the State
impairment of the obligation of in the improvement of the morality of
contracts. the people and the care of the
indigent and the handicapped
Tax Exemptions iii. Religious property
a. A corollary power but must be for a
public purpose, uniform and equitable
and in conformity with the equal
D. Double Taxation
protection clause Occurs when additional taxes are laid on the
b. Tax exemptions are granted gratuitously same subject by the same taxing jurisdiction
and may be revoked at will, except during the same taxing period for the same
when it was granted for valuable purpose
consideration
c. May either be constitutional or statutory No provision in the Constitution specifically
i. If statutory, it has to have been prohibiting double taxation, but will not be
passed by majority of all the allowed if it violates equal protection
clause.

COMPARATIVE TABLE
POLICE POWER EMINENT DOMAIN TAXATION
None Just compensation None
(The altruistic feeling (Full and fair equivalent of (The protection given
that one has contributed the property taken) and public improvements
Compensation
to the public good required. instituted by the State
[NACHURA]) because of these taxes
[NACHURA])
Not appropriated for Appropriated for public Use taxing power as an
public use use implement for the
attainment of a
Use of Property
legitimate police
objectiveto regulate a
business or trade
To destroy noxious Property taken for public Earn revenue for the
property or to restrain use; it is not necessarily government
Objective
the noxious use of noxious
property
Liberty and Property Property rights only Property rights only
What it Regulates
POLITICAL LAW REVIEWER Chapter III. DUE PROCESS

Chapter III. Due Process


B. Noted Exceptions to Due Process
I. IN GENERAL (Ynot vs. IAC, 1987)
A. MINIMUM REQUIREMENTS
B. NOTED EXCEPTIONS TO DUE The conclusive presumption, bars the 67
PROCESS admission of contrary evidence as long as

CONSTITUTIONAL LAW II
II. SUBSTANTIVE DUE PROCESS such presumption is based on human
A. SCOPE experience or there is a rational connection
B. REQUISITES between the fact proved and the fact
C. DOCTRINES ultimately presumed therefrom.
III. PROCEDURAL DUE PROCESS
A. SCOPE There are instances when the need for
B. KINDS expeditious action will justify omission of
IV. DUE PROCESS AS LIMITATION ON these requisites, as in the summary
FUNDAMENTAL STATE POWERS abatement of a nuisance per se, like a mad
A. VIS-A-VIS POLICE POWER dog on the loose, which may be killed on
B. VIS-A-VIS EMINENT DOMAIN sight because of the immediate danger it
C. VIS-A-VIS POWER TO TAX poses to the safety and lives of the people.

Art. III, Sec. 1. No person shall be deprived of Pornographic materials, contaminated meat
life, liberty or property without due process of and narcotic drugs are inherently
law, nor shall any person be denied the equal pernicious and may be summarily
protection of the laws. destroyed.

Art. XIII, Sec. 1. The Congress shall give The passport of a person sought for a
highest priority to the enactment of measures criminal offense may be cancelled without
that protect and enhance the right of all the hearing, to compel his return to the country
people to human dignity, reduce social, he has fled.
economic, and political inequalities and remove
cultural inequities by equitably diffusing wealth Filthy restaurants may be summarily
and political power for the common good. padlocked in the interest of the public
health and bawdy houses to protect the
To this end, the State shall regulate the public morals.
acquisition, ownership, use, and disposition of
property and its increments. In such instances, previous judicial hearing
may be omitted without violation of due
process in view of: 1) the nature of the property
I. In General involved; or 2) the urgency of the need to protect
the general welfare from a clear and present
danger.
Due process of law simply states that [i]t is
part of the sporting idea of fair play to hear "the
other side" before an opinion is formed or a
decision is made by those who sit in judgment. II. Substantive Due Process
(Ynot vs. IAC, 1987)
City of Manila vs. Laguio, (2005)
It covers any governmental action which Substantive due process, asks whether the
constitutes a deprivation of some person's government has an adequate reason for
life, liberty, or property. taking away a persons life, liberty, or
property.
A. Minimum Requirements In other words, substantive due process looks to
Due process of law guarantees: whether there is a sufficient justification for the
notice and governments action.
opportunity to be heard
to persons who would be affected by the
order or act contemplated.
POLITICAL LAW REVIEWER Chapter III. DUE PROCESS

A. Scope its actual operation to petitioners, but


on the assumption or prediction that
Substantive due process is an aspect of due its very existence may cause others
process which serves as a restriction on the law- not before the Court to refrain from
making and rule-making power of the constitutionally protected speech or
government. expression. 68
c. Also, the challenger must establish that

CONSTITUTIONAL LAW II
The law itself, not merely the procedures by there can be no instance when the
which the law would be enforced, should be fair, assailed law may be valid.
reasonable, and just.
A plain reading of PP 1017 shows that it is not
B. Requisites primarily directed to speech / speech-related
conduct. It is actually a call upon the AFP to
(US vs. Toribio, 1910)
prevent or suppress all forms of lawless
violence. Petitioners did not show WON theres
Laws which interfere with life, liberty or an instance when PP1017 may be valid.
property satisfy substantive due process
when there is:
2. Void for Vagueness: An act is vague when
1. Lawful object i.e. the interests of the public it lacks comprehensible standards that
in general (as distinguished from those of a men of common intelligence must
particular class) require the intervention of necessarily guess at its common
the State, and meaning and differ as to its application.
2. Lawful means i.e. means employed are
reasonably necessary for the The statute is repugnant to the constitution
accomplishment of the purpose and not in 2 respects:
unduly oppressive on individuals. a. It violates due process for failure to
accord persons, especially the parties
targeted by it, fair notice of what conduct
Taada vs. Tuvera (1986):
to avoid,
Publication of laws is part of substantive due
b. It leaves law enforcers an unbridled
process.
discretion in carrying out its provisions.
People vs. Nazario (1988):
Still on David vs. Arroyo:
VOID FOR VAGUENESS DOCTRINE: An
Related to the "overbreadth" doctrine is the
accused is denied the right to be informed of the
"void for vagueness doctrine" which holds that
charge against him and to DUE PROCESS
"a law is facially invalid if men of common
where the statute itself is couched in such
intelligence must necessarily guess at its
INDEFINITE LANGUAGE that its not possible
meaning and differ as to its application." It is
for men of ordinary intelligence to determine
subject to the same principles governing
therefrom what acts/omissions are punished.
overbreadth doctrine. For one, it is also an
analytical tool for testing "on their faces" statutes
C. Doctrines in free speech cases. Like overbreadth, it is said
that a litigant may challenge a statute on its
1. Overbreadth Doctrine: A governmental face only if it is vague in all its possible
purpose may not be achieved by means applications.
which sweep unnecessarily broadly and
thereby invade the area of protected A facial review of PP 1017 on the ground of
freedoms. David vs. Arroyo (2006) vagueness is unwarranted. Petitioners did not
a. Claims of facial overbreadth are even attempt to show that PP 1017 is vague in
entertained in cases involving statutes all its application. They also failed to establish
which by their terms seek to regulate that men of common intelligence cannot
only spoken words. Such claims have understand the meaning and application of PP
been curtailed when invoked against 1017.
ordinary criminal laws that are sought to
be applied to protected conduct.
b. A facial challenge using the overbreadth
doctrine will require the Court to
examine PP 1017 and pinpoint its
flaws and defects, not on the basis of
POLITICAL LAW REVIEWER Chapter III. DUE PROCESS

III. Procedural Due Process Criminal Due Process

A. Scope Requisites (People vs. Vera, 1937)


Procedural due process is that aspect of due
process which serves as a restriction on actions a) Accused is heard by a court of
of judicial and quasi-judicial agencies of the competent jurisdiction; 69
government. It refers to the method or manner

CONSTITUTIONAL LAW II
by which a law is enforced. b) Accused is proceeded against under the
orderly process of law;

B. Kinds c) Accused is given notice and opportunity


to be heard;
1. Judicial Due Process
d) Judgment rendered is within the
Civil Due Process authority of a constitutional law. (Mejia
vs. Pamaran, 1988)
Requisites (Banco Espanol vs. Palanca, 1918)

a) An impartial court of tribunal clothed with 2. Administrative due process


judicial power to hear and determine the
matter before it. Requisites of Procedural Due Process in
b) Jurisdiction must be lawfully acquired Administrative Agencies (Ang Tibay vs. CIR;
over the person of the defendant and also known as the Ang Tibay Rules):
over the property subject matter of the
proceeding 1. Right to a hearing to present own case and
submit evidence in support thereof.
Note: NOTICE is an essential element 2. Tribunal must consider the evidence
of due process, otherwise the Court will presented.
not acquire jurisdiction and its judgment 3. Decision rendered must have support.
will not bind the defendant. 4. Evidence which supports the finding or
conclusion is substantial (such relevant
To be meaningful, it must be both as to evidence as a reasonable mind accept as
time and place. adequate to support a conclusion).
5. The decision must be rendered on the
c) The defendant must be given an evidence presented at the hearing, or at
opportunity to be heard least contained in the record and disclosed
to the parties affected.
d) Judgment must be rendered upon 6. The tribunal or any of its judges, must act on
lawful hearing and must clearly explain its or his own independent consideration of
its factual and legal bases... (Sec. 14, the law and facts of the controversy, and not
Art. 8, 1987 Consti; Banco Espaol- simply accept the views of a subordinate in
Filipino vs. Palanca) arriving at a decision.
7. The tribunal should, in all controversial
Note: Reyes vs. CA (1977): The questions, render its decision in such a
allowance or denial of motions for manner that the parties to the proceeding
extension rests principally on the sound can know the various issues involved, and
discretion of the court to which it is the reasons for the decision rendered.
addressed, but such discretion must be
exercised wisely and prudently, with a
view to substantial justice. Poverty is
recognized as a sufficient ground for
extending existing period for filing. The
right to appeal is part of due process
of law.
POLITICAL LAW REVIEWER Chapter III. DUE PROCESS

IV. Due Process As Limitation On due process. The Department of Public


Fundamental State Powers Highways originally established the extension in
Cuneta Avenue, and it is assumed that they
A. Vis--vis Police Power made extensive studies regarding it. The change
from Cuneta Avenue to Fernando Rein-Del Pan
Cruz vs. Paras (1983): Streets cannot be justified on the ground of 70
social impact, as the properties to be affected

CONSTITUTIONAL LAW II
Petitioners are operators of nightclubs in along Cuneta Avenue are mostly motels.
Bulacan. They filed a prohibition suit to stop the
Municipality of Bacaue from enforcing an EPZA vs. Dulay (1987):
ordinance prohibiting the operation of said
nightclubs. The Court held that a municipal DETERMINATION OF JUST COMPENSATION
corp cannot prohibit the operation of IS JUDICIAL FUNCTION:
nightclubs. They may only regulate such. RA The Presidential Decrees merely serve as a
938 granted municipalities the power to regulate guide or a factor for the courts in determining
establishments. While another act amended it to amount of just compensation (which should be
include the power to prohibit its operation, such the fair and full value of the property at time of
a construction of the amendatory act would be to taking). The courts have the power and authority
construe it in a way that it violates the to determine just compensation, independent of
constitutional provision that every bill shall what the decrees state, and thus may appoint
embrace only 1 subject which shall be commissioners to help in determining just
expressed in the title thereof. Here, the title of compensation.
the amended RA remained the same so that the
power granted is still regulation not prohibition. Sumulong vs. Guerrero (1987):

Bautista vs. Juinio (1984): SCOPE OF JUDICIAL REVIEW IN


EXPROPRIATION PROCEEDINGS:
LOI No. 869 banned the use of vehicles with A In this case the Court held that socialized
and EH plates on weekends and holidays in housing falls under the scope of public use, and
view of the energy crisis. Some exceptions are is therefore a valid basis for expropriation.
service, truck, consular corps vehicles.
Petitioners, owners of an 8 cylinder 1969 Buick Manotok vs. NHA (1987):
and a 6 cylinder Willys Kaiser Jeep questioned
HEARING:
the validity of LOI on grounds of it being
discriminatory and a denial of due process. What the due process clause requires is that
the landowner must be given reasonable
Court held that it cannot be held void on its face. opportunity to be heard and to present his claim
It has a presumption of validity. LOI is an or defense. Although due process does not
energy conservation measure; it is an always necessarily demand that a proceeding be
appropriate response to a problem. Nor does it had before a court of law, it still mandates some
deny equal protection to petitioners since the form of proceeding wherein notice and
LOI operates equally and uniformly w/ class to reasonable opportunity to be heard are given to
w/c petitioners belong. The government is not the owner to protect his property rights. Although
required to adhere to a policy of all or none. there are exceptional situations when in the
exercise of the power of eminent domain, the
requirement does not need judicial process,
B. Vis--vis Eminent Domain when it is alleged that the landowners right to
due process of law has been violated in the
De Knecht vs. Bautista (1980):
taking of his property, the courts can probe and
check on the alleged violation.
CHOICE OF PROPERTY TO BE
EXPROPRIATED IS SUBJECT TO JUDICIAL
Subjects of Judicial Review in Eminent
REVIEW AS TO REASONABLENESS:
Domain:
Under Section 2, Article IV of the Philippine
Constitution, the Republic of the Philippines can
take private property upon payment of just a. Validity of taking
compensation. However, private property to b. Adequacy of compensation,
be taken cannot be chosen arbitrarily and c. Public use character of the purpose of
capriciously, as the landowner is entitled to taking.
1. Taking
POLITICAL LAW REVIEWER Chapter III. DUE PROCESS

Definition Price fixed by a buyer (desirous but not


A physical dispossession of the owner of his compelled to buy) and a seller (willing but not
actual property, or its use. compelled to sell).
It may include trespass without actual
eviction of owner, such as the material Must include consequential damages 71
impairment of value of property, or (damages to other interest of the owner attribute

CONSTITUTIONAL LAW II
preventions of ordinary uses for which the to the expropriation) and deduct consequential
property was intended. benefits (increase of value of other interests
attribute to new use of the former property)
Requisites for a valid taking:
a. The expropriator must enter a private Taking via eminent domain vs. taking
property under social justice clause
b. Entry must be for more than a momentary
period Agrarian Reform (Art. XIII, Sec. 4)
c. Entry must be under warrant or color of legal This provision is an exercise of the police
authority power of the State through eminent domain
d. Proerty must be devoted to public use or (Association of Small Landowners vs. Secretary
otherwise informally appropriated or of Agrarian Reform) as it is a means to regulate
injuriously affected private property.
e. Utilization of the property must be in such a
way as to oust the owner and deprive him of
beneficial enjoyment of the property
(Republic vs. Castelvi, 1974) C. Vis--vis Power to Tax
The inherent limitation on the power of
Q: What happens if the expropriator does not taxation is public purpose. Taxes are
use the property for a public purpose but sells it exacted only for a public purpose. They
to a private user? cannot be used for purely private purposes
or for the exclusive benefit of private
A: Property reverts back to the owner in fee persons
simple. (Heirs of Moreno vs. Mactan-Cebu
International Airport, 2005) The reason for this is simple. The power to
tax exists for the general welfare; hence,
2. Public Use implicit in its power is the limitation that it
should be used only for a public purpose.
Definition
The idea that "public use" means "use by the Taxation should be exercised with caution to
public" has been discarded. At present, minimize the injury to the proprietary rights
whatever may be beneficially employed for of a taxpayer.
the general welfare satisfies the requirement of
public use. (Heirs of Juancho Ardona vs. Reyes, It must be exercised fairly, equally, and
123 SCRA 220) uniformly, lest the tax collector kill the hen
that lays the golden eggs. in order to
That only a few benefit from the expropriation maintain the general publics trust and
does not diminish its public-use character, confidence in the Government, this power
inasmuch as pubic use now includes the broader must be used justly and not treacherously.
notion of indirect public benefit or advantage (Roxas y Cia vs. CTA, 23 SCRA 276)
(Filstream International vs. CA, 284 SCRA 716)
Premature issuance of final assessment notice
3. Just Compensation and demand letter is tantamount to denial of
reply to the preliminary assessment notice.
Definition [THESE ARE] essential elements of due process
Province of Tayabas vs. Perez (1938): It is the because they constitute the notice and
just and complete equivalent of the loss which opportunity to present ones side. (Phil. Health
the owner of the thing expropriated has to suffer Care Providers vs. CIR, 2008)
by reason of the expropriation.

BASIS: Fair Market Value


POLITICAL LAW REVIEWER Chapter IV. EQUAL PROTECTION of the LAWS

unlawful discrimination. (Bache & Co. vs.


Chapter IV. Equal Protection of the Laws Ruiz, 1971)

I. DEFINITION AND SCOPE OF II. Requisites of Valid Classification


PROTECTION
II. REQUISITES OF VALID CLASSIFICATION
People vs. Cayat (1939):
72
III. EXAMPLES OF VALID CLASSIFICATION

CONSTITUTIONAL LAW II
A. ALIEN a. It must rest on substantial distinctions;
B. FILIPINO FEMALE DOMESTICS b. It must be germane to the purpose of the
WORKING ABROAD law;
C. LAND-BASED VS. SEA-BASED c. It must not be limited to existing conditions
FILIPINO OVERSEAS WORKERS only.
D. QUALIFICATION FOR ELECTIVE
OFFICE Ormoc Sugar Co. vs Treasurer of Ormoc
E. OFFICE OF THE OMBUDSMAN City:
F. PRINT VS. BROADCAST MEDIA
IV. THREE STANDARDS OF JUDICIAL An ordinance was declared void because it
REVIEW taxes only centrifugal sugar produced and
A. RATIONAL BASIS TEST exported by the Ormoc Sugar Company and
B. STRICT SCRUTINY TEST none other, such that if a new sugar
C. INTENSIFIED MEANS TEST central is established in Ormoc, it would
not be subject to the ordinance.
I. Definition and Scope of Protection
d. It must apply equally to all members of the
same class.
Definition
III. Examples of Valid Classification
City of Manila vs. Laguio (2005) citing Ichong vs.
Hernandez (1957):
Lacson vs. Executive Secretary (1999):
Equal protection requires that all persons or All classifications made by law are generally
things similarly situated should be treated presumed to be valid unless shown otherwise
alike, both as to rights conferred and by petitioner.
responsibilities imposed.
Similar subjects, in other words, should not A. Aliens
be treated differently, so as to give undue
favor to some and unjustly discriminate General rule:
against others. The general rule is that a legislative act may
The guarantee means that no person or not validly classify the citizens of the State on
class of persons shall be denied the same the basis of their origin, race or parentage.
protection of laws which is enjoyed by other
persons or other classes in like Exceptions:
circumstances. 1. In times of great and imminent danger, such
as a threatened invasion or war, such a
Scope classification is permitted by the Constitution
Natural and juridical Persons (the equal when the facts so warrant (e.g.
protection clause extends to artificial discriminatory legislation against Japanese
persons but only insofar as their property is citizens during WWII).
concerned.) 2. The political rights of aliens do not enjoy the
A corporation as an artificial person is same protection as that of citizens.
protected under the Bill of Rights against 3. Statutes may validly limit to citizens
denial of due process, and it enjoys the exclusively the enjoyment of rights or
equal protection of the law. (Smith, Bell & privileges connected with the public
Co., vs. Natividad, 1919) domain, the public works, or the natural
A corporation is also protected against resources of the State.
unreasonable searches and seizures. (See 4. The rights and interests of the state in these
Stonehill vs. Diokno, 1967) things are not simply political but also
It can only be proceeded against by due proprietary in nature; and so the citizens
process of law, and is protected against may lawfully be given preference over
'aliens in their use or enjoyment.
POLITICAL LAW REVIEWER Chapter IV. EQUAL PROTECTION of the LAWS

Ichong vs, Hernandez (1957): Also important when the government


attaches a morally irrelevant and negative
The Court upheld the Retail Trade Nationalization significance to a difference between the
Law despite the objection that it violated the EP advantaged and the disadvantaged.
clause, because there exists real and actual, positive
and fundamental differences between an alien and a
national.
73
B. Strict Scrutiny Test

CONSTITUTIONAL LAW II
This test is triggered when a fundamental
B. Filipino Female Domestics Working constitutional right is limited by a law. This
Abroad requires the government to show an overriding
or compelling government interest so great
They are a class by themselves because of the that it justifies the limitation of fundamental
special risks to which their class was exposed. (Phil
Association of Service Exporters vs. Drilon)
constitutional rights (the courts make the
decision of WON the purpose of the law makes
the classification necessary).
C. Land-based vs. Sea-based Filipino
Overseas Workers Applied also when the classification has a
"suspect" basis (Suspect Classes classes
There is dissimilarity as to work environment, safety, subject to such a history of purposeful unequal
danger to life and limb, and accessibility to social, civil treatment or relegated to such a position of
and spiritual activities. (Conference of Maritime
Manning Agencies vs. POEA)
political powerlessness as to command
extraordinary protection from the majoritarian
political process.)
D. Qualification for Elective Office
Disqualification from running in the same elective C. Intensified Means Test
office from which he retired of a retired elective
provincial/municipal official who has received payment In this situation the Court accepts the articulated
of retirement benefits and who shall have been 65 y.o. purpose of the legislation but it should closely
at the commencement of the term of office to which scrutinize the relationship between the
he seeks to be elected is valid. (Dumlao vs. Comelec) classification and the purpose based on a
spectrum of standards, by gauging the extent
to which constitutionally guaranteed rights
E. Office of the Ombudsman depend upon the affected individual interest.
Allowing it to start an investigation based on an
anonymous letter does not violate EP clause. The The balancing test or the equality test is used.
Office of the Ombudsman is different from other
investigatory and prosecutory agencies of government Applicable to certain sensitive but not suspect
because those subject to its jurisdiction are public classes; certain important but not
officials who, through official pressure and influence, fundamental interest.
can quash, delay or dismiss investigations against
them (Almonte vs. Vasquez). Immediate Scrutiny Test

F. Print vs. Broadcast Media White Light Corporation vs. City of Manila
(2009):
There are substantial distinctions between the two to
warrant their different treatment under BP 881 A third standard, denominated as heightened or
(Telecommunications and Broadcast Attorneys of the immediate scrutiny, was later adopted by the
Phil vs. COMELEC)
U.S. Supreme Court for evaluating
classifications based on gender and legitimacy.
IV. Standards of Judicial Review Immediate scrutiny was adopted by the U.S.
Supreme Court in Craig. While the test may
A. Rational Basis Test
have first been articulated in equal protection
The classification should bear a reasonable analysis, it has in the United States since been
relation to government's purpose. applied in all substantive due process cases as
well.
Notes:
Important when there is no plausible
difference between the disadvantaged class
and those not disadvantaged.
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE

seized.
Chapter V. Requirements for Fair
Procedure Nature

THIS SECTION DEALS WITH THE RIGHTS Personal


OF A PERSON BEFORE AND DURING 74
CUSTODIAL INVESTIGATIONS I.E. BEFORE It may be invoked only by the person entitled to

CONSTITUTIONAL LAW II
HE HAS BEEN ACCUSED OF A CRIME it. (Stonehill vs. Diokno)

I. NATURE AND SCOPE OF THE RIGHT IN It may be waived expressly or impliedly only by
ART. III, SEC. 2 the person whose right is invaded, not by one
II. ARREST who is not duly authorized to effect such
A. REQUISITES FOR ISSUANCE OF waiver. (People vs. Damaso, 1992)
VALID ARREST WARRANT
B. WHEN ARREST MAY BE MADE Directed Against the Government and Its
WITHOUT A WARRANT Agencies (State Action Requirement)
III. SEARCH AND SEIZURE
A. REQUISITES OF A VALID SEARCH The right cannot be set up against acts
WARRANT committed by private individuals (People vs.
B. WHEN SEARCH MAY BE MADE Marti)
WITHOUT WARRANT
C. PROPERTIES SUBJECT OF Scope
SEIZURE
IV. DETENTION/CUSTODIAL Natural Persons
INVESTIGATION
A. RIGHTS UNDER CUSTODIAL It protects all persons including aliens (Qua
INVESTIGATION Chee Gan vs. Deportation Board, 1963).
B. TESTS OF WAIVER OF MIRANDA
RIGHTS Artificial Persons
V. PROTOCOL AFTER CONDUCT OF
INVESTIGATION Artificial persons are protected to a limited
VI. OTHER RIGHTS GUARANTEED UNDER extent. (Bache & Co. Inc vs. Ruiz, 1971) The
ART. III. SEC. 12 opening of their account books is not protected,
VII. EXCLUSIONARY RULES by virtue of police and taxing powers of the
A. VIS--VIS VIOLATION OF THE RIGHT State.
AGAINST UNREASONABLE
SEARCHES AND SEIZURES
B. VIS--VIS VIOLATION OF THE
II. ARREST
RIGHTS OF PERSONS UNDER
CUSTODIAL INVESTIGATION A. Requisites for Issuance of a Valid
C. VIS--VIS VIOLATION OF THE RIGHT Arrest Warrant
AGAINST SELF-INCRIMINATION
VIII.RIGHT TO BAIL
Beltran vs. Makasiar (1988):
I. Nature and Scope What the Constitution underscores is the
exclusive and personal responsibility of the
ART. III, SEC. 2. The right of the people to be issuing judge to satisfy himself of the
secure in their persons, houses, papers, and existence of probable cause.
effects against unreasonable searches and
seizures of whatever nature and for any In satisfying himself of the existence of
purpose shall be inviolable, and no search probable cause for the issuance of a warrant
warrant or warrant of arrest shall issue except of arrest, the judge is not required to
upon probable cause to be determined personally examine the complainant and his
personally by the judge after examination witnesses.
under oath or affirmation of the complainant
and the witnesses he may produce, and Following established doctrine and procedure,
particularly describing the place to be he shall:
searched and the persons or things to be 1) Personally evaluate the report and the
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE

supporting documents submitted by the B. Requisites of a Valid Warrantless


fiscal regarding the existence of probable Arrest (Rule 113, Sec. 5, Rules on
cause and, on the basis thereof, issue a Criminal Procedure)
warrant of arrest; or
2) If he finds no probable cause,
He may disregard the fiscal's report 1. When, in his presence, the person to be 75
and arrested has committed, is actually

CONSTITUTIONAL LAW II
Require the submission of supporting committing, or is attempting to commit an
affidavits of witnesses to aid him in offense;
arriving at a conclusion as to the
existence of probable cause. Umil vs. Ramos:

Existence of probable cause Rebellion is a continuing offense. Therefore a


rebel may be arrested w/o a warrant at any
Such facts and circumstances which would time of the day or the night as he is deemed to
lead a reasonably discreet and prudent be in the act of committing rebellion.
mean to believe that an offense has been
committed by the person sought to be Parulan vs. Dir of Prisons:
arrested. (Webb vs. De Leon, 1995)
Though kidnapping w/ serious illegal detention
Determination of probable cause personally is deemed a continuing crime, it can be
by the judge. considered as such only when the deprivation
of liberty is persistent and continuing from one
i. Personally evaluate the report and place to another.
supporting documents submitted by the
fiscal regarding the existence of probable People vs. De Lara (1994):
cause and, on the basis thereof, issue the
arrest warrant; OR HOT PURSUIT:
ii. If he finds no probable cause, he may The arrest of the accused inside his house
disregard the prosecutors report and following hot pursuit of the person who
require the submission of supporting committed the offense in flagrante was held
affidavits of witnesses to aid him in valid.
arriving at a conclusion as to the existence
of probable cause (Cruz vs. Judge Areola, People vs. Hindoy (2001):
2002).
BUY-BUST:
As to warrant of arrest: A buy-bust operation is a valid in flagrante
i. On the basis of their personal knowledge arrest. The subsequent search of the person
of the facts they are testifying to. arrested and the premises within his immediate
ii. The arrest warrant must describe control is valid as an incident to a lawful arrest.
particularly the person to be seized.
o By stating the name of the person to People vs. Rodrigueza:
be arrested.
o If not known, then a John Doe EXCEPTION TO BUY-BUST.
warrant may be issued, with some Instead of arresting the suspect after the
descriptio persona that will enable sale in a buy-bust op, the officer returned to the
the officer to identify the accused. police headquarters and filed his report. It was
only in the evening that he, without warrant,
Pangandaman vs. Casar (1988): arrested the suspect at his house where dried
JOHN DOE WARRANT: Warrants issued marijuana leaves were found and seized.
against 50 John Does, none of whom the Unlawful arrest.
witnesses could identify, were considered
as general warrants and thus void.
2. When an offense has just been
committed and he has probable cause to
believe based on personal knowledge of
facts or circumstances that the person to be
arrested has committed it;
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE

Requisites: liberty of a citizen as to his person, papers, and


effects. Rule 113, Sec. 6 of the Rules of Court
i. Offense had JUST been committed; provides the exceptions to the warrant
ii. Person making the arrest has probable requirement.
cause to believe based on PERSONAL
KNOWLEDGE. However, the instant case does not fall under 76
any of the exceptions in Rule 113, Sec. 6.

CONSTITUTIONAL LAW II
Note: There must be a large measure of First, it requires that the officer arresting a
immediacy between the time the offense is person who has committed, is committing,
committed and the time of the arrest. If or is about to commit an offense must have
there was an appreciable lapse of time personal knowledge of that fact. The offense
bet. arrest and commission of crime, must be committed in his presence or within his
warrant of arrest must be secured. view. In the instant case:
(NACHURA) The knowledge as to the offense was
furnished by Masamlok.
People vs Kimura: The location of the firearm was given by the
Burgos wife.
Warrantless arrest of accused for selling MJ 2 At the time of the arrest, Burgos was not in
days after he escaped is invalid. actual possession of any firearm or
subversive document.
People vs Gerente: Neither was he committing any act which
could be described as subversive. He was
PERSONAL KNOWLEDGE: in fact plowing his field at the time of his
The police saw the victim dead at the arrest.
hospital and when they inspected the crime
scene, they found the instruments of death. It is clear that the arresting officers had no
The eyewitnesses reported the happening and personal knowledge of the commission of
pointed to Gerente as one of the killers. Here the offense because such information was
the warrantless arrest only 3 hrs after the killing only supplied to them by an informant.
was held valid since personal knowledge was
established as to the fact of death and facts Neither has Burgos committed any offense in
indicating that Gerente killed the victim. their presence as he was merely plowing his
field at the time of arrest. On the other hand,
People vs. Burgos (1986) Sec. 6 (b) of Rule 113 requires that a crime
must in fact or actually have been
Burgos was convicted for the crime of Illegal committed first. It is not enough that there
Possession of Firearms in Furtherance of is reasonable ground to believe that the
Subversion. One Masamlok claimed that he person to be arrested has committed a
had been forcibly recruited by Burgos to the crime. That a crime has actually been
NPA, threatening him with the use of firearm committed is an essential precondition. In
against his life and family. Masamlok was also the instant case, it was not even established
allegedly threatened to attend an NPA seminar. that indeed a crime has been committed. The
The next day the authorities went to arrest information that a crime was probably
Burgos without a warrant. They found him in his committed was supplied by Masamlok who
residence plowing his field. Burgos denied the did not even give his testimony under oath.
accusation, but his wife pointed to a place
below their house where a gun was buried in Finally, the Court finds no compelling reason
the ground. After the firearm was recovered, for the haste of the arresting officers to
Burgos allegedly pointed to a stock pile of arrest Burgos if indeed he committed a
cogon where he had hidden subversive crime. There is no showing that there was real
documents. The prosecution presented an apprehension that Burgos was on the verge of
extrajudicial confession made by Burgos. flight or escape and that his whereabouts are
However, Burgos claimed that he had been unknown.
mauled and hit repeatedly until he would admit
and sign an extrajudicial confession.

Exceptions to warrant of arrest: Art. IV, Sec.


3 of the Constitution safeguards against wanton
and unreasonable invasion of the privacy and
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE

3. When the person to be arrested is a The examining Judge has to take


prisoner who has escaped from a penal depositions in writing of the
establishment or place where he is serving complainant and the witnesses he
final judgment or is temporarily confined may produce and attach them to the
while his case is pending, or has escaped record.
while being transferred from one 77
confinement to another. Such written deposition is necessary

CONSTITUTIONAL LAW II
in order that the Judge may be able
ADDITIONAL EXCEPTION (NOT IN THE to properly determine the existence
RULES): When the right is voluntarily or non-existence of the probable
waived (estoppel). cause, to hold liable for perjury the
person giving it if it will be found later
People vs. Salvatierra: that his declarations are false

Appellant is estopped from questioning the It is axiomatic that the examination


illegality of the arrest when he voluntarily must be probing and exhaustive, not
submitted himself to the jurisdiction of the court merely routinary or pro-forma, if the
by entering a plea of not guilty and by claimed probable cause is to be
participating in the trial. established.

SCOPE OF WAIVER: Waiver is limited to the The examining magistrate must not
illegal arrest. It does not extend to the search simply rehash the contents of the
made as an incident thereto, or the subsequent affidavit but must make his own
seizure of evidence allegedly found during the inquiry on the intent and justification of
search (People vs. Peralta, 2004). the application. (Roan vs. Gonzales,
1984)

4. On the basis of their personal knowledge


III. SEARCH AND SEIZURE of the facts they are testifying to.

A. Requisites of a Valid Search Warrant 5. The warrant must describe particularly


the place to be searched and the persons
1. Existence of probable cause or things to be seized.

Such facts and circumstances;


which would lead a reasonably discreet PLACE TO BE SEARCHED:
and prudent man to believe The search warrant issued to search
that an offense has been committed petitioners compound for unlicensed firearms
and was held invalid for failing to describe the place
that the objects sought in connection with particularity, considering that the
with the offense are in the place sought compound was made up of 200 bldgs, 15
to be searched. (Burgos vs. Chief of plants, 84 staff houses, 1 airstrip etc spread out
Staff, 1984) over 155 hectares. (PICOP vs. Asuncion,
1999).
2. Determination of probable cause
personally by the judge. DESCRIPTION OF PLACE:
The description of the property to be seized
3. After personal examination under oath or need not be technically accurate nor precise.
affirmation of the complainant and the Its nature will vary according to whether the
witnesses he may produce. identity of the property is a matter of concern.
The description is required to be specific only in
How it is done: In the form of searching so far as the circumstances will allow. (Kho vs.
questions and answers, in writing and Judge Makalintal, 1999)
under oath (Rule 126, Sec. 6, ROC)
DESCRIPTION OF PERSONS SEARCHED:
SW valid despite the mistake in the name
Mere affidavits of the complainant and of the persons to be searched. The authorities
his witnesses are thus not sufficient. conducted surveillance and test-buy ops before
obtaining the SW and subsequently
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE

implementing it. They had personal B. Searches without Warrant, when Valid
knowledge of the identity of the persons
and the place to be searched, although they General rule: Areas within the reach and
did not specifically know the names of the control of the accused are the permissible
accused. (People vs. Tiu Won Chua, 2003) areas of search for both stop-and-frisk and
search-incident-to-a-valid-arrest (Espano vs.
78
GENERAL WARRANT: One that (1) does not CA; People vs. Cubcubin, 2001).

CONSTITUTIONAL LAW II
describe with particularity the things subject of
the search and seizure; and (2) where probable People vs. Veloso (1925):
cause has not been properly established. It is a
void warrant. (Nolasco vs. Pao, 1985) It was alleged that Parliamentary Club was a
gambling house; search warrant was obtained.
EXCEPTION TO GENERAL WARRANTS: Veloso read the warrant and said that he was
General descriptions will not invalidate the not John Doe. The Court ruled that the John
entire warrant if other items have been Doe search warrant was valid and held that
particularly described. (Uy vs. BIR, 2000) there is nothing to prevent issue and service of
warrant against a party whose name is
Conduct of the Search (Sec. 7, Rule 126, ROC) unknown. Besides, the officers had the right to
arrest the persons engaged in prohibited game.
In the presence of a lawful occupant
An officer making an arrest may take from
thereof or any member of his family, OR
the person arrested any money / property
If occupant or members of the family are
found upon his person, w/c was used in
absent: In the presence of 2 witnesses of
commission of crime, or was the fruit of the
o sufficient age
crime, or w/c may furnish the person w/
o discretion
means of committing violence or escaping,
o residing in the same locality
or w/c may be used as evidence on trial, but
Force may be used in entering a dwelling not otherwise.
if justified by Rule 126 ROC.
Other specific situations:
People vs. Gesmundo:
Quick Look:
1. Search is an Incident to a Lawful Arrest.
Failure to comply with Sec. 7 Rule 126
2. Search of Moving Vehicles
invalidates the search.
3. Plain View Doctrine
4. Stop and Frisk Searches
5. Valid Express Waiver
People vs. Salanguit:
6. Customs search
7. Visual Search at Checkpoints
FORCIBLE ENTRY JUSTIFIED:
8. Conduct of Areal Target Zoning and
Occupants of the house refused to
saturation drive
open the door despite the fact that the
9. Exigent and Emergency Circumstances
searching party knocked several times, and
the agents saw suspicious movements of
the people inside the house.
1. Search is an incident to a lawful arrest.
People vs. Benny Go (2003):
Sec. 12, Rule 126, Rules of Court. Search
UNLAWFUL SEARCH: incident to lawful arrest. - A person lawfully
Police officers arrived at appellants arrested may be searched for dangerous
residence and side-swiped (sinagi) weapons or anything which may be used as
appellants car (which was parked outside) proof of the commission of an offense, without
to gain entry into the house. Appellants a search warrant.
son, who is the only one present in the The provision (R126, S12) is declaratory in
house, opened the door and was the sense that it is confined to the search,
immediately handcuffed to a chair after without a search warrant, of a person who
being informed that they are policemen with had been arrested.
a warrant to search the premises. It is also a general rule that, as an incident
of an arrest, the place or premises where
the arrest was made can also be search
without a search warrant. In this latter case,
"the extent and reasonableness of the
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE

search must be decided on its own facts 3. Plain View Doctrine: Things seized are
and circumstances. within plain view of a searching party
What must be considered is the balancing
of the individual's right to privacy and the Requisites (People vs. Musa; People vs.
public's interest in the prevention of crime Sarap, 2003):
and the apprehension of criminals. a. Prior valid intrusion into a place; 79
(Nolasco vs. Pano, 1985) b. Evidence:

CONSTITUTIONAL LAW II
inadvertently discovered
Test for validity: by police who had the right to be where
Item to be searched was within the they were;
arresters custody; c. Evidence must be immediately apparent
Search was contemporaneous with the and
arrest d. Noticed without further search

Nolasco vs Cruz Pao (1985):


4. Stop and Frisk Searches
Aguilar-Roque and Nolasco, allegedly
connected w/ the CPP-NPA and accused of There should be a genuine reason to stop-
rebellion and subversion, assert that the search and-frisk in the light of the police officers
warrant in this case is void because (1) it experience and surrounding conditions to
doesnt sufficiently describe things subject of warrant a belief that the person detained has
the search & seizure and (2) probable cause weapons concealed. (Malacat vs. CA 1997,
hasnt been established for lack of searching citing Terry vs. Ohio)
questions propounded to applicants witness.
Court ruled that the search warrant is void.
However, the Court also ruled that the search 5. Valid Express Waiver made Voluntarily
in question did not need a search warrant. and Intelligently
Under the Rules of Court, a person charged
w/ an offense may be searched for Requisites (People vs. Peralta, 2004):
dangerous weapons or anything w/c may be
used as proof of the commission of the a. Must appear that right exists;
offense. As an incident of an arrest, the b. Person involved had actual/ constructive
premises where the arrest was made can knowledge of the existence of such right;
also be searched w/o search warrant. c. Said person had an actual interest to
relinquish the right;
Nolasco vs. Pao, M.R., 1987: d. Waiver is limited only to the arrest;
In this Motion for Partial Reconsideration of the e. Waiver does not extend to search made as
1985 decision, the petitioners submit that a an incident thereto, or to any subsequent
warrantless search can be justified only if its an seizure of evidence found in the search.
incident to a lawful arrest and that since Aguilar
wasnt lawfully arrested, a search w/o warrant People vs. Kagui Malasugui (1936):
couldnt be made. The SolGen offered no
objection to declaration that the search was It was ruled that the right to be secure from
illegal and to the return of the seized items. The unreasonable search may be waived.
Motion for Partial Reconsideration is granted. Waiver may be express or implied. When
one voluntarily submits to a search or
consents to have it made of his person /
2. Search of Moving Vehicles premises, he is precluded from later
complaining. In this case, the appellant neither
Securing SW is not practicable since the made objection nor even muttered a bit of
vehicle can be quickly moved out of the locality protest when the search was conducted on his
or jurisdiction in which the warrant must be person. Also, as held in Weeks v. United
sought (Papa vs. Mago 1968) States, when the search of the person detained
or arrested and seizure of effects found in his
possession are incidental to an arrest made in
conformity w/ the law, they cannot be
considered unreasonable, much less unlawful.
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE

6. Customs Search shall issue a warrant of arrest, or a commitment


order if the accused has already been arrested
Searches of vessel and aircraft for violation of pursuant to a warrant issued by the judge who
immigration and smuggling laws. (Papa vs. conducted the preliminary investigation or when
Mago, 1968) the complaint or information was filed pursuant
to section 7 of this Rule. In case of doubt on 80
7. Visual Search at Checkpoints the existence of probable cause, the judge

CONSTITUTIONAL LAW II
(Valmonte vs. de Villa) may order the prosecutor to present
additional evidence (THIS IS NOT FOUND IN
8. Conduct of areal target zoning and THE PROCEDURE FOR A SEARCH
saturation drive in the exercise of the WARRANT) within five (5) days from notice
military powers of the President (Guanzon and the issue must be resolved by the court
vs. de Villa, 1990) within thirty (30) days from the filing of the
complaint of information.
9. Exigent and Emergency Circumstances
(People vs. de Gracia 1994) R126, Sec. 4. Requisites for issuing search
warrant. A search warrant shall not issue
Example: 1989 Coup detat except upon probable cause in connection
with one specific offense to be determined
personally by the judge after examination
under oath or affirmation of the complainant
C. Properties Subject to Seizure and the witness he may produce, and
General rule: Only the articles particularly particularly describing the place to be searched
described in the warrant may be seized. and the things to be seized which may be
anywhere in the Philippines.
o Property subject of an offense
o Stolen or embezzled property and other
proceeds or fruits of an offense IV. Detention/Custodial Investigation
o Used or intended to be used as a means of
committing an offense (Sec. 2 Rule 126,
ROC) A. Rights under Custodial Investigation

People vs. Salanguit:


ART. III, SEC. 12, 1987 CONSTITUTION
Where the warrant authorized only the seizure
of shabu, and not marijuana, the seizure of the 1. Any person under investigation for the
latter was held unlawful. commission of an offense shall have the
right to be informed of his right to remain
Burgos vs. Chief of Staff: silent and to have competent and
independent counsel preferably of his own
It is not necessary that the property to be choice. If the person cannot afford the
searched or seized should be owned by the services of counsel, he must be provided
person against whom the person is issued; it is with one. These rights cannot be waived
sufficient that the property is within his control except in writing and in the presence of
or possession. counsel.
2. No torture, force, violence, threat,
intimidation, or any other means which
Comparison of Procedures in Obtaining vitiate the free will shall be used against
Search Warrants and Arrest Warrants him. Secret detention places, solitary,
incommunicado, or other similar forms of
R112, Sec. 6. When warrant of arrest may detention are prohibited.
issue. (a) By the Regional Trial Court. 3. Any confession or admission obtained in
Within ten (10) days from the filing of the violation of this or Section 17 hereof shall
complaint or information, the judge shall be inadmissible in evidence against him.
personally evaluate the resolution of the 4. The law shall provide for penal and civil
prosecutor and its supporting evidence. He sanctions for violations of this section as
may immediately dismiss the case if the well as compensation to the rehabilitation
evidence on record clearly fails to establish of victims of torture or similar practices, and
probable cause. If he finds probable cause, he their families.
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE

service of counsel notwithstanding his


In Miranda vs. Arizona: insistence. He was given the unacceptable
The Federal Supreme Court made it clear that excuse that there were no available lawyers.
what is prohibited is the "incommunicado
interrogation of individuals in a police As used in this Act, "custodial investigation"
dominated atmosphere, resulting in self- shall include the practice of issuing an 81
incriminating statements without full "invitation" to a person who is investigated in

CONSTITUTIONAL LAW II
warnings of constitutional rights. connection with an offense he is suspected to
have committed, without prejudice to the
MIRANDA RIGHTS liability of the "inviting" officer for any violation
of law.
The person under custodial investigation
must be warned that NOTE: These rights were further reiterated
1. He has a right to remain silent, under RA 7438, otherwise known as AN ACT
2. That any statement he does make may be DEFINING CERTAIN RIGHTS OF PERSON
used as evidence against him, and ARRESTED, DETAINED OR UNDER
3. That he has a right to the presence of an CUSTODIAL INVESTIGATION AS WELL AS
attorney, either retained or appointed. THE DUTIES OF THE ARRESTING,
DETAINING AND INVESTIGATING
People vs. Galit (1985): OFFICERS, AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF
The long question during the appraisal of
Galits constitutional rights followed by a RA 7438, Rights of Persons under Custodial
monosyllabic answer does not satisfy the Investigation;
requirements of the law that the accused be
informed of his rights. Instead there should Section 1. Statement of Policy. - It is the policy
be several short and clear questions and of the Senate to value the dignity of every
every right explained in simple words in a human being and guarantee full respect for
dialect or language known to the person human rights
under investigation. In this case, the accused
is from Samar and there is no showing that he Section 2. Rights of Persons Arrested,
understands Tagalog. Furthermore, waiver of Detained or Under Custodial Investigation;
the right to counsel must be done in the Duties of Public Officers.
presence of counsel, otherwise, the procured
statements will be inadmissible. (b) Any public officer or employee, or anyone
acting under his order or his place, who arrests,
People vs. Duero (1985): detains or investigates any person for the
commission of an offense:
Inasmuch as the prosecution in this case failed shall inform the latter, in a language
to prove that before Duero made his alleged known to and understood by him,
oral confession he was informed of his of his rights to remain silent and
rights to remain silent and to have counsel to have competent and independent
and because there is no proof that he counsel, preferably of his own choice,
knowingly and intelligently waived those who shall at all times be allowed to
rights, his confession is inadmissible in confer privately with the person
evidence. Accused repudiated his alleged oral arrested, detained or under custodial
confession during trial. Since, the SC found investigation.
that the procedure set out in the Miranda If such person cannot afford the services of
case was not followed, oral confession of his own counsel, he must be provided
accused to police station commander is with a competent and independent
inadmisible in evidence. (enshrined in Art. III, counsel by the investigating officer.
Sec. 12 of the 1987 Constitution)

People vs. Andag (1980): 1. When Rights are Available:

The SC reversed the lower courts imposition of When the person is already in
death penalty because the accused was not custody
even informed at the start of the investigation of
his right to counsel, much less afforded the
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE

Custodial investigation involves any Babst vs. NBI (1984):


questioning initiated by law
enforcement Ordinarily, an invitation to attend a hearing and
During critical pre-trial stages in the answer some questions which the person
criminal process invited may heed or refuse is not
unconstitutional. Under certain 82
People vs. Mara, (1994): circumstances, however, such an invitation

CONSTITUTIONAL LAW II
can easily assume a different appearance.
The rights under sec. 12, Art. 3 are available Here, where the invitation comes from a
when the investigation is no longer a general powerful group composed predominantly of
inquiry unto an unsolved crime but has begun ranking military officers issued at a time when
to focus on a particular suspect, as when the the country has just emerged from martial rule
suspect has been taken into police custody and and when the suspension of the privilege of the
the police carries out a process of interrogation writ of habeas corpus has not entirely been
that lends itself to eliciting incriminating lifted and the designated interrogation site is a
statements. military camp, the same can easily be taken not
as a strictly voluntary invitation but as an
People vs. Escordial: authoritative command which one can only
defy at his peril, especially where the
An out-of-court identification may be made in a invitation carries the ominous seaming that
show up (accused is brought face to face "failure to appear . . . shall be considered as a
with the witness for identification), or police waiverand this Committee will be constrained
line-up (suspect is identified by witness from a to proceed in accordance with law."
group of persons gathered for that purpose).

U.S. vs. Wade 388 U.S. 218 (1967): 2. Discussion of Rights Accorded

Neither the lineup itself nor anything required People vs. Agustin, (1995):
therein violated respondent's Fifth Amendment This carries the correlative obligation on the
privilege against self-incrimination, since part of the investigator to explain, and
merely exhibiting his person for observation by contemplates effective communication which
witnesses and using his voice as an identifying results in the subject/accused understanding
physical characteristic involved no compulsion what is conveyed.
of the accused to give evidence of a testimonial
nature against himself which is prohibited by
that Amendment. HOWEVER, the Sixth a. Right to Remain Silent
Amendment guarantees an accused the The warning is needed simply to make
right to counsel not only at his trial but at the person under custodial
any critical confrontation by the investigation aware of the existence of
prosecution at pretrial proceedings where the right;
the results might well determine his fate and This warning is the threshold
where the absence of counsel might requirement for an intelligent decision
derogate from his right to a fair trial. as to its exercise.
More importantly, such a warning is an
During custodial investigations, these types of absolute pre-requisite in overcoming
identification have been recognized as critical the inherent pressures of the
confrontations of the accused by the interrogation atmosphere.
prosecution, necessitating presence of Further, the warning will show the
counsel for the accused. Otherwise, the individual that his interrogators are
identification will be inadmissible in evidence. prepared to recognize his privilege
should he choose to exercise it.
Note: INVITATIONS - Sec. 2, RA 7438
b. Right against Self-Incrimination under
provides that custodial investigation shall
Art. III, Sec. 12
include the practice of issuing an invitation to a
The warning of the right to remain silent
person who is under investigation in connection
must be accompanied by the
with an offense he is suspected to have
explanation that anything said can and
committed.
will be used against the individual in
court.
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE

This warning is needed in order to Thus, it was held that when the process
make him aware not only of the had not yet shifted from the investigatory to
privilege to remain silent, but also of the accusatory as when police investigation
the consequences of forgoing it. does not elicit a confession the accused
may not yet avail of the services of his
c. Right to Counsel lawyer (Escobedo vs. Illinois of the United 83
States Federal Supreme Court, 1964).

CONSTITUTIONAL LAW II
RA 7438, Rights of Persons under Custodial However, given the clear constitutional
Investigation; Section 2. Rights of Persons intent in the 1987 Constitution, the
Arrested, Detained or Under Custodial moment there is a move or even an urge
Investigation; Duties of Public Officers. of said investigators to elicit admissions
or confessions or even plain information
(a) Any person arrested detained or under which may appear innocent or
custodial investigation shall at all times be innocuous at the time, from said suspect,
assisted by counsel; he should then and there be assisted by
counsel, unless he waives the right, but
The Miranda doctrine was modified to the waiver shall be made in writing and in
qualify the right to counsel to mean the presence of counsel.
competent and independent counsel
preferably of the suspect's own choice.
An individual need not make a pre- d. Rights to Visitation and Conference
interrogation request for a lawyer.
While such request affirmatively secures Sec. 2. Rights of Persons Arrested, Detained or
his right to have one, his failure to ask for Under Custodial Investigation; Duties of Public
a lawyer does not constitute a waiver. Officers.
No effective waiver of the right to
counsel during interrogation can be (f) Any person arrested or detained or under
recognized unless specifically made custodial investigation shall be allowed
AFTER the warnings have been given. visits by or conferences with
o The accused who does not know any member of his immediate family,
his rights and therefore does not or
make a request may be the person any medical doctor;
who most needs counsel. priest or religious minister chosen by
If an individual indicates that he wishes the him; or
assistance of counsel before any by his counsel; or
interrogation occurs, the authorities by any national non-governmental
cannot rationally ignore or deny his organization duly accredited by the
request on the basis that the individual Commission on Human Rights or
does not have or cannot afford a by any international non-
retained attorney. governmental organization duly
In order fully to apprise a person accredited by the Office of the
interrogated of the extent of his rights under President.
this system then, it is necessary to warn The person's "immediate family" shall
him not only that he has the right to consult include his or her spouse, fiance or
with an attorney, but also that if he is fiancee, parent or child, brother or
indigent a lawyer will be appointed to sister, grandparent or grandchild, uncle
represent him. or aunt, nephew or niece, and guardian
or ward.

POLICE LINE-UPS (Gamboa vs. Cruz, 1988): B. Tests of Waiver of Miranda Rights
When petitioner was identified by the
complainant at the police line-up, he had 1. What Cannot be Waived
not been held yet to answer for a
criminal offense. The right to remain silent and the right to
The police line-up is not a part of the counsel may be waived.
custodial inquest, hence, he was not yet What cannot be waived is THE RIGHT TO
entitled to counsel. BE GIVEN THE MIRANDA WARNINGS.
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE

2. Rule on Waiver detained does not know how to read and


write).
ART. III, SEC. 12:
(1) Must be in writing EFFECT OF FAILURE TO FOLLOW
(2) Made in the presence of counsel PROTOCOL: Such investigation report shall
be null and void and of no effect whatsoever. 84
RA 7438, Rights of Persons under Custodial

CONSTITUTIONAL LAW II
Investigation; Section 2. Rights of Persons
Arrested, Detained or Under Custodial VI. Other Rights Guaranteed Under Art.
Investigation; Duties of Public Officers. III. Sec. 12
(e) Any waiver by a person arrested or
detained under the provisions of Article A. No torture, force, violence, threat
125 of the Revised Penal Code, or under intimidation or any other means which
custodial investigation, shall be in writing vitiate the free will shall be used against
and signed by such person in the presence him
of his counsel; otherwise the waiver shall
B. Secret detention places, solitary,
be null and void and of no effect.
incommunicado, or other similar forms of
detention are prohibited
3. Burden of Proving Voluntariness of
C. Confessions or admissions obtained in
Waiver (People vs. Jara, 1986)
violation of these rights are inadmissible
evidence.
Whenever a protection given by the
Constitution is waived by the person
entitled to that protection, the presumption
is always against the waiver. VII. Exclusionary Rules
Consequently, the prosecution must
prove with strongly convincing evidence RA 7438, Rights of Persons under Custodial
to the satisfaction of this Court that indeed Investigation; Section 2. Rights of Persons
the accused: Arrested, Detained or Under Custodial
Willingly and voluntarily submitted his Investigation; Duties of Public Officers.
confession and
Knowingly and deliberately manifested (d) Any extrajudicial confession made by a
that he was not interested in having a person arrested, detained or under custodial
lawyer assist him during the taking of investigation:
that confession. shall be in writing and signed by such
person in the presence of his counsel or in
the latter's absence,
V. Protocol After Conduct Of upon a valid waiver, and
Investigation in the presence of any of the parents, elder
brothers and sisters, his spouse, the
municipal mayor, the municipal judge,
Sec. 2. Rights of Persons Arrested, Detained or
district school supervisor, or priest or
Under Custodial Investigation; Duties of Public
minister of the gospel as chosen by him;
Officers.
otherwise, such extrajudicial confession
(c) The custodial investigation report shall be:
shall be inadmissible as evidence in any
Reduced to writing by the investigating
proceeding.
officer;
It shall be read and adequately explained
to him by his counsel or by the assisting A. Vis--vis Violation of the Right Against
counsel provided by the investigating Unreasonable Searches and Seizures
officer in the language or dialect known
to such arrested or detained person,
The reading and explanation SHOULD BE Sec. 3(2), Art. 3, 1987 CONSTI. Any evidence
DONE BEFORE such report is signed, or obtained in violation of this or the preceding
thumb-marked (if the person arrested or section shall be inadmissible for any purpose in
any proceeding.
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE

Evidence obtained in violation of Sec. 2 Art. 3 C. Vis--vis Violation of the Right Against
shall be inadmissible for any purpose and in Self-incrimination
any proceeding (Stonehill vs, Diokno, 1967)

Nardone vs. US: ART. III. SEC. 17: No person shall be


compelled to be a witness against himself. 85
Once the primary source is shown to have [in relation to SEC. 12(3)]

CONSTITUTIONAL LAW II
been unlawfully obtained, any secondary or
derivative evidence is also inadmissible.

B. Vis--vis Violation of the Rights of


Persons under Custodial Investigation

ART. III, SEC. 12(3): Any confession or


admission obtained in violation of this or
Section 17 hereof shall be inadmissible in
evidence against him.

RA 7438 | Rights of Persons under Custodial Investigation


Section 4. Penalty Clause.
PERSON LIABLE FOR WHAT ACTS PENALTY
Any arresting public fails to inform any person arrested, o a fine of Six thousand pesos
officer or employee, detained or under custodial (P6,000.00) or a penalty of
or any investigating investigation of his right to remain imprisonment of not less than
officer silent and to have competent and eight (8) years but not more than
independent counsel preferably of his ten (10) years, or both.
own choice o The penalty of perpetual absolute
disqualification shall also be
imposed upon the investigating
officer who has been previously
convicted of a similar offense.
Public officer or fails to provide a competent and Same as above
employee, or anyone independent counsel to a person
acting upon orders of arrested, detained or under custodial
such investigating investigation for the commission of an
officer or in his place offense if the latter cannot afford the
services of his own counsel
Any person who obstructs, prevents or prohibits penalty of imprisonment of not less
any lawyer, any member of the than four (4) years nor more than
immediate family of a person arrested six (6) years, and a fine of four
from visiting and conferring privately thousand pesos (P4,000.00)
with him, or from examining and treating
him, or from ministering to his spiritual
needs, at any hour of the day or, in urgent
cases, of the night
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE

VIII. Right to Bail be an overt act constitutive of rebellion taking


place in the presence of the arresting officer.
xxx
Art. III. Sec. 13. All persons, except those
charged with offenses punishable by reclusion This requirement was not complied with
perpetua when the evidence of guilt is strong, particularly in the arrest of Senator Enrile. In 86
shall, before conviction, be bailable by sufficient the Court's Resolution of May 5, 2001 in the

CONSTITUTIONAL LAW II
sureties, or be released on recognizance as may petition for habeas corpus filed by Senator
be provided by law. the right to bail shall not be Enrile, the Court noted that the sworn
impaired even when the privilege of the writ of statements of the policemen who
habeas corpus is suspended. Excessive bail purportedly arrested him were hearsay.
shall not be required. Senator Enrile was arrested two (2) days after
he delivered allegedly seditious speeches.
Definition Consequently, his arrest without warrant cannot
(Rule 114, Sec. 1, ROC) be justified under Section 5(b) which states that
an arrest without a warrant is lawful when made
Bail is the security given for the release of a after an offense has just been committed and
person in custody of the law, furnished by him or the arresting officer or private person has
a bondsman, conditioned upon his appearance probable cause to believe based on personal
before any court as may be required. knowledge of facts and circumstances that the
person arrested has committed the offense.
Dela Camara vs. Enage (1971)
Since the evidence in this case is hearsay, the
Before conviction, every person is bailable evidence of guilt is not strong, bail is allowed.
except if charged with capital offenses when the
evidence of guilt is strong. Such a right flows
from the presumption of innocence in favor of 1. Bail as a Matter of Right vs. Matter of
every accused who should not be subjected to Discretion
the loss of freedom as thereafter he would be
entitled to acquittal, unless his guilt be proved Matter of Matter of Discretion
beyond reasonable doubt. right
Bail is a In case the evidence of guilt is
Comendador vs. De Villa (1991) matter of right strong.
in all cases
The military men who participated in the failed not punishable In such a case, according to
coup d etat should be denied release on bail. by reclusion People vs. San Diego, (1966),
The argument that denial from the military of the perpetua. the court's discretion to grant
right to bail would violate the equal protection bail must be exercised in the
clause is not acceptable, given that the officers light of a summary of the
and members of the military are not similarly evidence presented by the
situated with others. They are allowed a prosecution.
fiduciary use of firearms and can easily continue
their insurgent activities against the government. Thus, the order granting or
National security considerations should impress refusing bail must contain a
upon the Court that release on bail of summary of the evidence for
respondents constitutes a damaging precedent. the prosecution followed by the
conclusion on whether or not
Enrile vs. Perez (En Banc Resolution, 2001) the evidence of guilt is strong
(Note: it is not the existence
It has not been alleged that the persons to be of guilt itself which is
arrested for their alleged participation in the concluded but the strength
"rebellion" on May 1, 2001 are members of an of the probability that guilt
outlawed organization intending to overthrow the exists).
government. Therefore, to justify a warrantless
arrest under Section 5(a), there must be a Also discretionary in
showing that the persons arrested or to be extradition proceedings,
arrested has committed, is actually because extradition courts do
committing or is attempting to commit the not render judgments of
offense of rebellion. In other words, there must conviction or acquittal so it
POLITICAL LAW REVIEWER Chapter V. REQUIREMENTS for FAIR PROCEDURE

does not matter WON the


crimes the accused is being The constitution prohibits excessive bail.
extradited for is punishable by Where the lower court fixed bail at P 1, 195,
reclusion perpetua (US 200.00, it rendered the right to bail nugatory. /
Government vs. Judge
Puruganan and Mark Jimenez, "Discretionis with the court called upon to rule 87
2002) on the question of bail. We must stress,

CONSTITUTIONAL LAW II
however, that where conditions imposed
upon a defendant seeking bail would amount
2. When Available: to a refusal thereof and render nugatory the
constitutional right to bail, we will not
From the very moment of arrest (which may hesitate to exercise our supervisory powers
be before or after the filing of formal charges to provide the required remedy.
in court) up to the time of conviction by final
judgment (which means after appeal). STANDARDS FOR FIXING BAIL: Citing
Villaseor vs. Abano, guidelines in the fixing of
No charge need be filed formally before one bail are: (1) ability of the accused to give bail; (2)
can file for bail, so long as one is under nature of the offense; (3) penalty for the offense
arrest. (Heras Teehankee vs. Rovica, 1945) charged; (4) character and reputation of the
accused; (5) health of the accused; (6) character
Lavides vs CA, 2000: and strength of the evidence; (7) probability of
the accused appearing in trial; (8) forfeiture of
Arraigment of the accused is not essential to the other bonds; (9) whether the accused wasa
approval of the bail bond. When bail is fugitive from justice when arrested; and (10) if th
authorized, it should be granted before e accused is under bond for appearance at trial
arraignment. Otherwise the accused may be in other cases."
precluded from filing a motion to quash. Also,
the court will be assured of the presence of the
accused at the arraignment precisely by grating 4. Right to Bail and Right to Travel Abroad
bail and ordering his presence at any stage of
the proceeding. Manotok vs CA (1986):

The main issue in this case is WON a person


3. Standards for Fixing Bail facing a criminal indictment and provisionally
released on bail have an unrestricted right to
RULE 114. Sec. 9. Amount of bail; travel. The Court held that the constitutional
guidelines. The judge who issued the warrant right to travel being invoked by petitioner is not
or granted the application shall fix a reasonable an absolute right. Section 5, Article IV of the
amount of bail considering primarily, but not 1973 Constitution states: The liberty of abode
limited to, the following factors: and of travel shall not be impaired except upon
lawful order of the court, or when necessary in
(a) Financial liability of the accused to give bail; the interest of national security, public safety or
(b) Nature and circumstance of the offense; public health.
(c) Penalty for the offense charged;
(d) Character and reputation of the accused; The Court considered the order of the TC
(e) Age and health of the accused; releasing petitioner on bail as a lawful order
(f) Weight of the evidence against the accused; contemplated by the above-quoted constitutional
(g) Probability of the accused appearing at the provision.
trial;
(h) Forfeiture of other bail;
(i) The fact that the accused was a fugitive
from justice when arrested; and
(j) Pendency of other cases where the
accused is on bail.

Excessive bail shall not be required.

Dela Camara v. Enage (1971):


POLITICAL LAW REVIEWER Chapter VI. RIGHTS of the ACCUSED

ROC. RULE 115. RIGHTS OF ACCUSED


Chapter VI. Rights of the Accused
Section 1. Rights of accused at trial. In all
I. RIGHTS DURING TRIAL criminal prosecutions, the accused shall be
A. PRESUMPTION OF INNOCENCE entitled to the following rights:
B. RIGHT TO BE HEARD PERSONALLY 88
OR BY COUNSEL (a) To be presumed innocent until the contrary

CONSTITUTIONAL LAW II
C. RIGHT TO BE INFORMED OF is proved beyond reasonable doubt.
NATURE AND CAUSE OF (b) To be informed of the nature and cause
ACCUSATION of the accusation against him.
D. RIGHT TO SPEEDY, IMPARTIAL AND (c) To be present and defend in person and
PUBLIC TRIAL by counsel at every stage of the
E. RIGHT OF CONFRONTATION proceedings, from arraignment to
F. RIGHT TO COMPULSORY promulgation of the judgment. The accused
PROCESSES may, however, waive his presence at the
G. TRIAL IN ABSENTIA trial pursuant to the stipulations set forth in
H. RIGHT AGAINST SELF- his bail, unless his presence is specifically
INCRIMINATION ordered by the court for purposes of
identification.
II. RIGHTS POST TRIAL The absence of the accused without
A. RIGHT AGAINST DOUBLE JEOPARDY justifiable cause at the trial of which he had
B. EXCESSIVE FINES AND CRUEL, notice shall be considered a waiver of his
DEGRADING AND INHUMAN right to be present thereat.
PUNISHMENT When an accused under custody
C. INVOLUNTARY SERVITUDE escapes, he shall be deemed to have
D. IMPRISONMENT FOR DEBT waived his right to be present on all
E. EX POST FACTO LAWS AND BILLS subsequent trial dates until custody over
OF ATTAINDER him is regained. Upon motion, the accused
may be allowed to defend himself in person
when it sufficiently appears to the court that
he can properly protect his rights without the
I. Rights During Trial assistance of counsel.
(d) To testify as a witness in his own behalf
but subject to cross-examination on
ART. III. SEC. 14. 1987 CONSTITUTION.
matters covered by direct examination.
His silence shall not in any manner
(1) No person shall be held to answer for a
prejudice him.
criminal offense without due process of law.
(e) To be exempt from being compelled to
be a witness against himself.
(2) In all criminal prosecutions, the accused
(f) To confront and cross-examine the
shall be presumed innocent until the
witnesses against him at the trial. Either
contrary is proved, and shall enjoy the right
party may utilize as part of its evidence the
to be heard by himself and counsel, to be
testimony of a witness who is deceased,
informed of the nature and cause of the
out of or cannot with due diligence be found
accusation against him, to have a speedy,
in the Philippines, unavailable, or otherwise
impartial, and public trial, to meet the
unable to testify, given in another case or
witnesses face to face, and to have
proceeding, judicial or administrative,
compulsory process to secure the
involving the same parties and subject
attendance of witnesses and the production
matter, the adverse party having the
of evidence in his behalf. However, after
opportunity to cross-examine him.
arraignment, trial may proceed
(g) To have compulsory process issued to
notwithstanding the absence of the accused:
secure the attendance of witnesses and
Provided, that he has been duly notified and
production of other evidence in his behalf.
his failure to appear is unjustifiable. (h) To have speedy, impartial and public
trial.
(i) To appeal in all cases allowed and in the
manner prescribed by law.
POLITICAL LAW REVIEWER Chapter VI. RIGHTS of the ACCUSED

A. Presumption of Innocence Elements of the Right to Counsel:


People vs. Dramavo (1971): 1. Courts duty to inform the accused of right to
counsel before being arraigned;
The requirement of proof beyond reasonable
doubt is a necessary corollary of the 2. It must ask him if he desires the services of 89
constitutional right to be presumed innocent. counsel;

CONSTITUTIONAL LAW II
Alejandro vs. Pepito (1980): 3. If he does, and is unable to get one, the
Court must give him one; if the accused
The accused cannot present evidence before wishes to procure private counsel, the Court
the prosecution does so, even if the accused must give him time to obtain one.
pleads guilty. It violates the presumption of
innocence. 4. Where no lawyer is available, the Court may
appoint any person resident of the province
People vs. Acuram: and of good repute for probity and ability.
The presumption of regularity (in official duties)
cannot by itself prevail over the presumption of C. Right to be Informed of Nature and
innocence of the accused. But where it is not the Cause of Accusation
sole basis for conviction, the presumption of
regularity of performance of official functions Vera vs. People:
may prevail over the constitutional presumption
of innocence. Procedural due process requires that the
accused must be informed why he is being
Corpus vs. People: prosecuted and what charge he must meet.

EQUIPOISE RULE: D. Right to Speedy, Impartial and Public


Where the evidence adduced by the parties Trial
are evenly balanced, the constitutional
presumption of innocence should tilt the balance ART. III. SEC. 16. All persons shall have the
in favor of the accused. right to a speedy disposition of their cases
before all judicial, quasi-judicial, or
administrative bodies.
B. Right to be Heard Personally or by
Counsel
ART. III. SEC. 3. Civilian authority is, at all
ART. III. SEC. 12. 1987 CONSTITUTION. times, supreme over the military. xxx
1. Any person under investigation for the
commission of an offense shall have the Sec. 10. Law on speedy trial not a bar to
right to be informed of his right to remain provision on speedy trial in
silent and to have competent and the Constitution. No provision of law on
independent counsel preferably of his own speedy trial and no rule implementing the same
choice. If the person cannot afford the shall be interpreted as a bar to any charge of
services of counsel, he must be provided denial of the right to speedy trial guaranteed by
with one. These rights cannot be waived Section 14(2), Article III, of the 1987
except in writing and in the presence of Constitution.
counsel.
Olaguer vs. Military Commission (1987):
RA 7438. Rights of Persons under Custodial
Investigation. SEC. 2. Rights of Persons IMPARTIAL TRIAL
Arrested, Detained or Under Custodial A civilian cannot be tried by a military court
Investigation; Duties of Public Officers. (a) Any so long as the civil courts are open and
person arrested detained or under custodial operating, even during Martial Law.
investigation shall at all times be assisted by
counsel; Acevedo vs. Sarmiento (1970):
Dismissal based on the denial of the right to
speedy trial amounts to an acquittal.
POLITICAL LAW REVIEWER Chapter VI. RIGHTS of the ACCUSED

Note: RA 8493 provides: a 30-day arraignment Aquino vs. Military Commission (1975)
within the filing of the information or from the
date the accused appeared before the court; trial Petitioner challenges the jurisdiction of
shall commence 30 days from the arraignment, military commissions to try him (for murder,
as fixed by the court. The entire trial period shall illegal possession of firearms and for
not exceed 180 days, except as otherwise violation of the Anti-Subversion Act) arguing 90
authorized by the SC Chief Justice. that he being a civilian, such trial during

CONSTITUTIONAL LAW II
martial law deprives him of his right to due
process.
E. Right of Confrontation An issue has been raised as to WON
This is the basis of the right to cross- petitioner could waive his right to be present
examination. during trial.

On a 7-5 voting: SEVEN justices voted that


F. Right to Compulsory Processes petitioner may waive his right to be present at
1. Right to Secure Attendance of Witness ALL stages of the proceedings while FIVE voted
2. Right to Production of Other Evidence that this waiver is qualified, he cannot waive
when he is to be identified.

G. Trial in Absentia Trial in Absentia: As a general rule, subject to


Borja vs. Mendoza (1977): certain exceptions, any constitutional or
statutory right may be waived if such waiver is
WHEN CAN TRIAL IN ABSENTIA BE DONE: not against public policy.
Accused failed to appear for trial despite
postponement and notice to his bondsmen. The Considering Art IV, Sec 19, 1973 Constitution
Court then allowed prosecution to present (trial of a capital offense may proceed even in
evidence despite the fact that accused had not the absence of the accused) and the absence of
been arraigned. Petitioner was found guilty. The any law specifically requiring his presence at all
issue is WON the court has jurisdiction. The stages of his trial, there appears, no logical
Court held that because accused was not reason why petitioner, although he is
arraigned, he was not informed of the nature charged with a capital offense, should be
and cause of accusation against him, Therefore, precluded from waiving his right to be
the Court has no jurisdiction. The present in the proceedings for the
indispensable requisite for trial in absentia is perpetuation of testimony, since this right was
that it should come after arraignment. conferred upon him for his protection and
benefit.
Gimenez vs. Nazareno (1988)
After arraignment, during which accused H. Right Against Self-Incrimination
pleaded not guilty, case was set for hearing but
the accused escaped. He was tried in absentia. Sec. 17, Art. 3. No person shall be compelled to
Lower court held the proceedings against him in be a witness against himself.
abeyance to give him the opportunity to cross
examine witnesses against him and present his 1. Scope
evidence.
Compulsory testimonial self-incrimination
The Court held that abeyance of proceedings
was invalid. Such right to cross examine and It refers therefore to the use of the mental
present evidence on his behalf is waived by process and the communicative faculties,
failure to appear during the trial of which he and not to a merely physical activity.
had notice.
If the act is physical or mechanical, the
When Presence of the Accused is a DUTY accused can be compelled to allow or
1) Arraignment and Plea perform the act, and the result can be used
2) During Trial, for identification in evidence against him.
3) Promulgation of Sentence
(Exception: Light offense -> can be via
counsel)
POLITICAL LAW REVIEWER Chapter VI. RIGHTS of the ACCUSED

2. Examples ART. XIII. SEC. 18. 1987 CONSTITUTION.


The Commission on Human Rights shall have
a. Handwriting in connection with a prosecution the following powers and functions:
for falsification is NOT allowed, for this xxx
involves the use of the mental processes (8) Grant immunity from prosecution to any
(Beltran vs. Samson, 53 Phil 570; Bermudez person whose testimony or whose 91
vs. Castillo, 1937). possession of documents or other evidence

CONSTITUTIONAL LAW II
is necessary or convenient to determine the
b. Re-enactment of the crime by the accused is truth in any investigation conducted by it or
NOT allowed, for this also involves the under its authority;
mental process.
b. Use and Fruit of Immunity
c. The accused can be required to allow a
sample of a substance taken from his body Galman vs. Pamaran (1985):
(U.S. vs. Tan Teh, 1912), or be ordered to
expel the morphine from his mouth (U.S. vs. Use immunity prohibits use of a witness
Ong Sio Hong, 1917) compelled testimony and its fruits in any manner
in connection with the criminal prosecution of the
d. Accused may be made to take off her witness. On the other hand transactional
garments and shoes and be photographed immunity grants immunity to witness from
(People vs. Otadura, 96 Phil 244, 1950); prosecution for an offense to which his
compelled to show her body for physical compelled testimony relates.
investigation to see if she is pregnant by an
adulterous relation (Villaflor vs. Summers,
1920) 5. Effect of Denial of Privilege

e. Order to give a footprint sample to see if it EXCLUSIONARY RULE under ART. III. SEC.
matches the ones found in the scene of the 17 in relation to SEC. 12: When the privilege
crime is allowed (People vs. Salas and against self-incrimination is violated outside of
People vs. Sara). court (e.g. police), then the testimony, as
already noted, is not admissible.
3. Kinds of Proceeding Applicable OUSTED OF JURISDICTION: When the
privilege is violated by the Court itself, that is, by
General rule: The privilege is available in any the judge, the court is ousted of its jurisdiction,
proceedings, even outside the court, for they all its proceedings and even judgment are null
may eventually lead to a criminal prosecution. and void. (Chavez vs. CA, 1968)

a. It extends to administrative proceedings


which possess a criminal or penal aspect. A
II. Rights Post Trial
doctor who was being investigated by a
medical board for alleged malpractice who
would lose his license if found guilty, could A. Right against Double Jeopardy
not be compelled to take the witness stand
without his consent. (Pascual vs. Board of
Medical Examiners, 1969) ART. III. SEC. 21. No person shall be twice put
in jeopardy of punishment for the same offense.
b. It extends to a fact-finding investigation If an act is punished by a law and an ordinance,
by an ad hoc body. A person can be conviction or acquittal under either shall
compelled to testify provided he is given constitute a bar to another prosecution for the
immunity co-extensive with the privilege same act.
against self-incrimination (Galman vs.
Pamaran, 1985) 1. Elements of Double Jeopardy
(Rule 117, Sec. 7; People vs. Obsania,
1968)
4. Use Immunity v. Transactional Immunity
a. Court of competent jurisdiction;
a. Transactional Immunity b. A Complaint/Information sufficient in form
and substance to sustain a conviction;
POLITICAL LAW REVIEWER Chapter VI. RIGHTS of the ACCUSED

c. Arraignment and plea by the accused; dismissal is regarded as with express


d. Conviction, acquittal, or dismissal of the consent of the accused, who is therefore
case without the express consent, of the deemed to have waived the right to plea
accused. double jeopardy.

92
2. When Subsequent Prosecution is Barred 6. Termination of Jeopardy

CONSTITUTIONAL LAW II
a. Same offense a. By acquittal
b. Attempt of the same offense b. By final conviction
c. Frustration of the same offense c. By dismissal without express consent of
d. Offense necessarily included in the 1st accused
offense (All the elements of the 2nd d. By dismissal on the merits
constitute some of the elements of the 1st
offense)
e. Offense that necessarily includes the 1st A. Excessive Fines and Cruel, Degrading
offense (All the elements of the 1st and Inhuman Punishment
constitute some of the elements of the 2nd
offense) ART. III. SEC. 19. 1987 CONSTITUTION.
1. Excessive fines shall not be imposed, nor
cruel, degrading or inhuman punishment
3. Exceptions inflicted. Neither shall death penalty be
imposed, unless, for compelling reasons
a. The graver offense developed due to involving heinous crimes, the Congress
"supervening facts" arising from the same hereafter provides for it. Any death penalty
act or omission constituting the former already imposed shall be reduced to
charged. reclusion perpetua.
b. The facts constituting the graver charge
became known or were discovered only 2. The employment of physical, psychological,
after the filing of the former complaint or or degrading punishment against any
information. prisoner or detainee or the use of
substandard or inadequate penal facilities
c. The plea of guilty to the lesser offense was under subhuman conditions shall be dealt
made without the consent of the fiscal and with by law.
the offended party.
People vs. dela Cruz (1953):
4. When Defense of Double Jeopardy is In this case the Court took into account, in
Available lowering the penalty to reclusion perpetua of the
accused most of whom were already death row
a. Dismissal based on insufficiency of convicts, the deplorable sub-human conditions
evidence; of the National Penitentiary where the crime was
b. Dismissal because of denial of right to committed.
speedy trial;
c. Accused is discharged to be a state witness. RA 9346 (June 24, 2006): An Act Prohibiting
the Imposition of Death Penalty in the
Philippines:
5. When Defense of Double Jeopardy is Sec. 1. The imposition of the penalty of death is
NOT Available hereby prohibited. Accordingly, R.A. No. 8177,
otherwise known as the Act Designating Death
RULE 117. Sec. 8, par 1. Provisional by Lethal Injection is hereby repealed. R.A. No.
dismissal.A case shall not be provisionally 7659, otherwise known as the Death Penalty
dismissed except with the express consent of Law, and all other laws, executive orders and
the accused and with notice to the offended decrees, insofar as they impose the death
party. penalty are hereby repealed or amended
accordingly.
When the case is dismissed other than on
the merits, upon motion of the accused
personally, or through counsel, such
POLITICAL LAW REVIEWER Chapter VI. RIGHTS of the ACCUSED

B. Involuntary Servitude

ART. III. SEC. 18 (2). 1987 CONSTITUTION.


No involuntary servitude in any form shall exist
except as a punishment for a crime whereof the 93
party shall have been duly convicted.

CONSTITUTIONAL LAW II
C. Imprisonment for Debt

ART. III. SEC. 20. 1987 CONSTITUTION.


No person shall be imprisoned for debt or non-
payment of a poll tax.

D. Ex Post Facto Laws and Bills Of


Attainder

ART. III. SEC. 22. 1987 CONSTITUTION.


No ex post facto law or bill of attainder shall be
enacted.

People vs. Ferrer (1972):

RA 1700 which declared the Communist Party of


the Philippines a clear and present danger to
Philippine security, and thus prohibited
membership in such organization, was
contended to be a bill of attainder. Although the
law mentions the CPP in particular, its purpose
is not to define a crime but only to lay a basis or
to justify the legislative determination that
membership in such organization is a crime
because of the clear and present danger to
national security.
POLITICAL LAW REVIEWER Chapter VII. WRITS

thereof, and 5) must promulgate its decision


Chapter VII. Writs thereon within thirty days from its filing.
A state of martial law does not suspend
I. HABEAS CORPUS the operation of the Constitution, nor
II. WRIT OF AMPARO supplant the functioning of the civil courts or
III. HABEAS DATA legislative assemblies, nor authorize the 94
conferment of jurisdiction on military courts

CONSTITUTIONAL LAW II
and agencies over civilians where civil
I. Habeas Corpus courts are able to function, nor
automatically suspend the privilege of
the writ.
ART. III. SEC. 15. 1987 CONSTITUTION.
The suspension of the privilege of the
The privilege of the writ of habeas corpus shall
writ shall apply only to persons judicially
not be suspended except in cases of invasion or
charged for rebellion or offenses inherent
rebellion when the public safety requires it.
in or directly connected with invasion.

ART. VII. SEC. 18. 1987 CONSTITUTION. Villavicencio vs. Lukban (1919):
The President shall be the Commander-in-
Chief of all armed forces of the Philippines "A prime specification of an application for a writ
and whenever it becomes necessary, he of habeas corpus is restraint of liberty.
may call out such armed forces to prevent or
suppress lawless violence, invasion or The essential object and purpose of the writ
rebellion. of habeas corpus is to inquire into all
In case of invasion or rebellion, when the manner of involuntary restraint as
public safety requires it, he may, for a distinguished from voluntary, and to relieve
period not exceeding sixty days, a person therefrom if such restraint is illegal.
suspend the privilege of the writ of Any restraint which will preclude freedom of
habeas corpus or place the Philippines or action is sufficient.
any part thereof under martial law.
Within forty-eight hours from the The forcible taking of these women from
proclamation of martial law or the Manila by officials of that city, who handed
suspension of the privilege of the writ of them over to other parties, who deposited
habeas corpus, the President shall them in a distant region, deprived these
submit a report in person or in writing to women of freedom of locomotion just as
the Congress. effectively as if they had been imprisoned.
The Congress, voting jointly, by a vote of Placed in Davao without either money or
at least a majority of all its Members in personal belongings, they were prevented from
regular or special session, may revoke exercising the liberty of going when and where
such proclamation or suspension, which they pleased.
revocation shall not be set aside by the
President. The restraint of liberty which began in Manila
Upon the initiative of the President, the continued until the aggrieved parties were
Congress may, in the same manner, extend returned to Manila and released or until they
such proclamation or suspension for a freely and truly waived his right."
period to be determined by the Congress,
if the invasion or rebellion shall persist "We believe the true principle should be that, if
and public safety requires it. the respondent is within the jurisdiction of the
The Congress, if not in session, shall, within court and has it in his power to obey the order of
twenty-four hours following such the court and thus to undo the wrong that he has
proclamation or suspension, convene in inflicted, he should be compelled to do so. Even
accordance with its rules without need of a if the party to whom the writ is addressed
call. has illegally parted with the custody of a
The Supreme Court may: 1) review, 2) in person before the application for the writ is
an appropriate proceeding; 3) filed by no reason why the writ should not issue.
any citizen, 4) the sufficiency of the
factual basis of the proclamation of Lansang vs. Garcia (1971):
martial law or the suspension of the Petitioners were arrested without warrants and
privilege of the writ or the extension detained, upon the authority of Proclamation 889
(Which suspended the privilege of the Writ of
POLITICAL LAW REVIEWER Chapter VII. WRITS

Habeas Corpus) and subsequently filed a


petition for writ of habeas corpus, assailing the It being undeniable that if the Hernandez ruling
validity of the said Proclamation and their were to be given a retroactive effect petitioners
detention. had served the full term for which they could
have been legally committed, is habeas corpus
The Court upheld the violation of the the appropriate remedy? 95
Proclamation and dismissed the petitions. The

CONSTITUTIONAL LAW II
Supreme Court held that the authority to YES. In Cruz vs. Director of Prisons (1910),
suspend the privilege of the writ is "The courts uniformly hold that where a
circumscribed, confined and restricted, not sentence imposes punishment in excess of
only by the prescribed setting or the conditions the power of the court to impose, such
essential to its existence, but, also, as regards sentence is void as to the excess,
the time when and the place where it may be
exercised. The rule is that the petitioner is not entitled to
his discharge on a writ of habeas corpus
Thus, the Court has the authority to inquire into unless he has served out so much of the
the existence of the factual bases for the sentence as was valid." xxx While the above
proclamation in order to determine its decision speaks of a trial judge losing jurisdiction
constitutional sufficiency. The test for such over the case, insofar as the remedy of habeas
judicial inquiry is whether or not the Executive corpus is concerned, the emphatic affirmation
acted arbitrarily in issuing the Proclamation. The that it is the only means of benefiting the
test is not correctness, but arbitrariness. accused by the retroactive character of a
favorable decision holds true. Petitioners
For the suspension of the privilege of the writ to clearly have thus successfully sustained the
be valid, (a) there must be "invasion, burden of justifying their release.
insurrection or rebellion" or, pursuant to
paragraph (2), section 10 of Art. VII of the Sombong vs. CA (1990):
Constitution, "imminent danger thereof"; and (b)
public safety must require the aforementioned Sombong claims that she is the mother of the
suspension. The President declared in child Christina, who is under the custody of Neri,
Proclamation No. 889, as amended, that both and filed a petition for the issuance of the writ of
conditions are present, and the Supreme Court habeas corpus. The Supreme Court denied the
agreed. The President did not act arbitrarily; petition.
the Court acknowledged the existence of a
sizeable group of men (Communists and the In order to justify the grant of the writ of habeas
NPA) who have publicly risen in arms to corpus, the restraint of liberty must be in the
overthrow the government and have thus nature of an illegal and involuntary deprivation of
been and still are engaged in rebellion against freedom of action. However, habeas corpus
the Government of the Philippines. may still be resorted to even if the restraint is
voluntary in cases where the rightful custody
Moncupa vs. Enrile (1986): of any person is withheld from the person
entitled thereto. The said writ is the proper
It is not physical restraint alone which can be legal remedy to enable parents to regain the
inquired into by means of the writ of habeas custody of a minor child even if the child is in the
corpus. In this case, the petition is valid as custody of a third person of her own free will.
petitioners temporary release from detention is
accompanied with restrictions w/ the ff effects: 1) Sombong does not have the right of custody
curtailed freedom of movement by the condition over the child, because the evidence adduced
that he must get approval of respondents for any does not warrant the conclusion that Christina is
travel outside Metro Manila, 2) abridged liberty the same person as her child Arabella.
of abode because prior approval of respondent
is required in case petitioner wants to change Velasco vs. CA (1995):
place of residence, 3) abridged freedom of
speech due to prohibition from taking any Larkins was arrested after a certain Alinea filed
interviews inimical to national security, and 4) a complaint-affidavit for rape against him before
petitioner is required to report regularly to the NBI. There was no warrant. A complaint for
respondents or their reps. rape was subsequently filed before the RTC. His
common-law wife filed a petition for habeas
Gumabon vs. Director of Prisons (1971): corpus.
POLITICAL LAW REVIEWER Chapter VII. WRITS

Another is the filing of a complaint or


The Supreme Court held that even if the arrest information for the offense for which the
of a person is illegal, supervening events accused is detained.
may bar his release or discharge from By then, the restraint of liberty is already by
custody. The court must thus look into the virtue of the complaint or information and,
legality of his detention as of, at the earliest, the therefore, the writ of habeas corpus is no longer 96
filing of the application for a writ of habeas available.

CONSTITUTIONAL LAW II
corpus, for even if the detention is at its
inception illegal, it may, by reason of some Section 4 of Rule 102 reads in part as follows:
supervening events, such as the instances "Nor shall anything in this rule be held to
mentioned in Section 4 of Rule 102, be no authorize the discharge of a person charged
longer illegal at the time of the filing of the with or convicted an offense in the Philippines."
application. Among such supervening events It may also be said that by filing his motion for
are: bail, Larkins admitted that he was under the
The issuance of a judicial process custody of the court and voluntarily submitted
preventing the discharge of the detained his person to its jurisdiction.
person.

II. Writ of Amparo and Writ of Habeas Data

QUERY WRIT OF AMPARO HABEAS DATA


What is the writ of Remedy Remedy
amparo? Available to any person Available to any person
Whose right to life, liberty, and Whose right to life, liberty, and
security security
has been violated or is has been violated or is threatened
threatened with violation with violation
By an unlawful act or omission By an unlawful act or omission
of a public official or employee, of a public official or employee, or
or of a private individual or of a private individual or entity
entity.
Engaged in the gathering,
The writ covers extralegal killings collecting or storing of data or
and enforced disappearances or information regarding the person,
threats thereof. family, home and correspondence
of the aggrieved party.
What rule governs It is governed by The Rule on the The Rule on the Writ of Habeas Data
petitions for and the Writ of Amparo (A.M. No. 07-9-12- (A.M. No. 08-1-16-SC), which was
issuance of a writ of SC ), which was approved by the approved by the Supreme Court on
amparo? Supreme Court on 25 September 22 January 2008. That Rule shall not
2007. This Rule also governs diminish, increase or modify
existing cases involving extralegal substantive rights.
killings and enforced
disappearances or threats thereof.
What is the Supreme The Rule was drafted pursuant to (Constitution, Art. VIII, Sec. 5[5]).
Courts basis in issuing the Supreme Courts constitutional
the Rule? power to promulgate rules for the
protection and enforcement of
constitutional rights (Constitution,
Art. VIII, Sec. 5[5]).
When does the Rule take The Rule takes effect on 24 October The Rule takes effect on 2 February
effect? 2007, following its publication in 2008, following its publication in three
three (3) newspapers of general (3) newspapers of general circulation.
circulation.
Who may file a petition the aggrieved party or by any The aggrieved party.
for the issuance of a writ qualified person or entity in the However, in cases of extralegal
of amparo? following order: killings and enforced
POLITICAL LAW REVIEWER Chapter VII. WRITS

QUERY WRIT OF AMPARO HABEAS DATA


Any member of the immediate disappearances, the petition may
family, namely: the spouse, be filed by
children and parents of the o Any member of the immediate
aggrieved party; family of the aggrieved party,
Any ascendant, descendant or namely: the spouse, children 97
collateral relative of the and parents; or

CONSTITUTIONAL LAW II
aggrieved party within the o Any ascendant, descendant
fourth civil degree of or collateral relative of the
consanguinity or affinity, in aggrieved party within the
default of those mentioned in the fourth civil degree of
preceding paragraph; or consanguinity or affinity, in
Any concerned citizen, default of those mentioned in
organization, association or the preceding paragraph.
institution, if there is no known
member of the immediate family
or relative of the aggrieved
party.
Where can the petition be The petition may be filed on any Regional Trial Court
filed? day and at any time with: where the petitioner or
respondent resides,
The Regional Trial Court of the or that which has jurisdiction
place where the threat, act or over the place where the data or
omission was committed or any of information is gathered, collected
its elements occurred, or stored, at the option of the
the writ shall be returnable petitioner.
before such court or judge.
Supreme Court;
or with the Sandiganbayan, the Court of Appeals;
Court of Appeals, or any justice of Sandiganbayan: when the action
such courts. concerns public data files of
government offices.
The writ shall be enforceable
anywhere in the Philippines.
It may be returnable before
such court or any justice
thereof, or to any Regional Trial
Court to any Regional Trial
Court of the place where the
threat, act or omission was
committed or any of its
elements occurred.

The Supreme Court, or any


justice
The writ shall be enforceable
anywhere in the Philippines.
it may be returnable before such
Court or any justice thereof, or
before the Sandiganbayan or
the Court of Appeals or any of
their justices, or to any Regional
Trial Court of the place where
the threat, act or omission was
committed or any of its elements
occurred.
How much is the docket There is NO docket and other lawful No docket and other lawful fees shall
or filing fees for the fees for the petition. The court, be required from an indigent
petition? justice or judge shall docket the petitioner.
POLITICAL LAW REVIEWER Chapter VII. WRITS

QUERY WRIT OF AMPARO HABEAS DATA


petition and act upon it immediately.
The petition of the indigent shall be
docketed and acted upon
immediately, without prejudice to
subsequent submission of proof of 98
indigency not later than 15 days from

CONSTITUTIONAL LAW II
the filing of the petition.
What is the The parties shall establish their
required burden of claims by substantial evidence.
proof?
The respondent who is a private
individual or entity must prove that
ordinary diligence as required by
applicable laws, rules and
regulations was observed in the
performance of duty.

The respondent who is a public


official or employee must prove that
extraordinary diligence as
required by applicable laws, rules
and regulations was observed in the
performance of duty.
Instead of having the Yes. It can be done when the
hearing in open court, respondent invokes the defense that
can it be done in the release of the data or
chambers? information in question shall
compromise national security or
state secrets, or when the data or
information cannot be divulged to the
public due to its nature or privileged
character
Can the respondent No. The respondent public official or
invoke the legal employee cannot invoke the
presumption (Rules of presumption that official duty has
Court, Rule 131, Sec. been regularly performed to evade
3[m]) that official duty has responsibility or liability.
been regularly
performed?

Secretary of National Defense vs. Manalo government also failed to provide an effective
(2008): investigation.

The Manalo brothers were abducted, detained, As regards the relief granted, the Court held
and tortured repeatedly by the military. After that the production order under the Amparo
their escape, they filed a petition for the privilege rule is different from a search warrant and
of the Writ of Amparo. The Supreme Court may be likened to the production of
granted the petition and held that there was a documents or things under Rule27.1, ROC.
continuing violation of the Manalos right to They also said that the disclosure of the
security. Considering that they only escaped present places of assignment of the
from captivity and have implicated military implicated military officers would not
officers, there is still a threat to their lives, jeopardize the exercise of the military
liberty, and security. The threat vitiates their functions of the officers. Such disclosure is
free will and they are forced to limit their relevant in ensuring the safety of the Manalo
movements and activities. The government brothers.
also failed to provide them protection because
the military themselves perpetrated the
abduction, detention, and torture. The
POLITICAL LAW REVIEWER Chapter VIII. PRIVACY of COMMUNICATION and CORRESPONDENCE

detectaphone or walkie-talkie or tape


Chapter VIII. Privacy of Communication recorder, or however otherwise
and Correspondence described.

I. INTRUSION, WHEN ALLOWED 3. For any person, be he a participant or


II. FORMS OF CORRESPONDENCE not in the act or acts penalized in the 99
COVERED next preceding sentence, to knowingly

CONSTITUTIONAL LAW II
III. ENABLING LAW possess any tape record, wire record,
disc record, or any other such
ART. III. SEC. 3. 1987 CONSTITUTION. record, or copies thereof, of any
(1) The privacy of communication and communication or spoken word secured
correspondence shall be inviolable except either before or after the effective date
upon lawful order of the court, or when of this Act in the manner prohibited by
public safety or order requires otherwise, as this law
prescribed by law.
(2) Any evidence obtained in violation of this or 4. to replay the same for any other
the preceding section shall be inadmissible person/persons
for any purpose in any proceeding.
5. to communicate the contents thereof,
either verbally or in writing,
I. Intrusion, When Allowed 6. to furnish transcriptions thereof,
whether complete or partial, to any other
1. By lawful order of the court person
2. When public safety or public order requires
otherwise, as may be provided by law Exception 1:

That the use of such record or any copies


II. Forms of Correspondence Covered thereof as evidence in any civil, criminal
investigation or trial of offenses mentioned in
1. letters Sec. 3 hereof, shall not be covered by this
2. messages prohibition.
3. telephone calls
4. telegrams, and the like (BERNAS) Section 3.

Exception 2:
III. ENABLING LAW Any peace officer, who is authorized by a written
order of the Court may lawfully execute any of
Republic Act 4200: AN ACT TO PROHIBIT the acts declared to be unlawful in the two
AND PENALIZE WIRE TAPPING AND OTHER preceding Sections in cases involving the crimes
RELATED VIOLATIONS OF THE PRIVACY OF of:
COMMUNICATION, AND FOR OTHER
PURPOSES (1965) 1. treason
2. espionage
Section 1. 3. provoking war and disloyalty in case of war
4. piracy, and mutiny in the high seas,
Unlawful Acts: 5. rebellion, conspiracy and proposal to commit
rebellion, inciting to rebellion
1. For any person not being authorized by 6. sedition, conspiracy to commit sedition,
all the parties to any private inciting to sedition
communication or spoken word to tap 7. kidnapping as defined by the RPC
any wire or cable, or by using any 8. violations of Commonwealth Act No. 616,
other device or arrangement, punishing espionage and other offenses
against national security
2. to secretly overhear, intercept, or record
such communication or spoken word Requirements for valid issuance of written
by using a device commonly known as a order:
dictaphone or dictagraph or
POLITICAL LAW REVIEWER Chapter VIII. PRIVACY of COMMUNICATION and CORRESPONDENCE

1. Upon written application and examination Section 4.


under oath or affirmation of the applicant
and the witnesses he may produce, and Inadmissibility:

2. A showing of: Any communication or spoken word, or the


i. reasonable grounds to believe that existence, contents, substance, purport, effect, 100
any of the crimes enumerated or meaning of the same or any part thereof, or

CONSTITUTIONAL LAW II
hereinabove has been committed or any information therein contained obtained or
is being committed or is about to be secured by any person in violation of the
committed: Provided, however, That in preceding sections of this Act shall not be
cases involving the offenses of rebellion, admissible in evidence in any judicial, quasi-
conspiracy and proposal to commit judicial, legislative or administrative hearing or
rebellion, inciting to rebellion, sedition, investigation.
conspiracy to commit sedition, and
inciting to sedition, such authority shall Gaanan vs. IAC (1986):
be granted only upon prior proof that a
rebellion or acts of sedition, as the case The use of a telephone extension for the
may be, have actually been or are being purpose of overhearing a private conversation
committed; without authorization did NOT violate R.A. 4200
ii. reasonable grounds to believe that because a telephone extension device was not
evidence will be obtained essential to among those "device(s) or arrangement(s)"
the conviction of any person for, or to enumerated therein, following the principle that
the solution of, or to the prevention of, "penal statutes must be construed strictly in
any such crimes; and favor of the accused.
iii. no other means readily available for
obtaining such evidence.

Contents of the order:

1. the identity of the person/persons whose


communications, conversations,
discussions, or spoken words are to be
overheard, intercepted, or recorded and, in
the case of telegraphic or telephonic
communications, the telegraph line or the
telephone number involved and its location;

2. the identity of the peace officer authorized to


overhear, intercept, or record the
communications, conversations,
discussions, or spoken words

3. the offense/offenses committed or sought to


be prevented

4. the period of the authorization. The


authorization shall be effective for the
period specified in the order which shall
not exceed sixty (60) days from the date of
issuance of the order, unless extended or
renewed by the court upon being satisfied
that such extension or renewal is in the
public interest.
POLITICAL LAW REVIEWER Chapter IX. FREEDOM of EXPRESSION

accordingly shifted to the plaintiff, that is, that


Chapter IX. Freedom of Expression he must prove that the defendants were
actuated by ill-will in what they caused to be
I. BASIS, COMPONENTS, SCOPE AND printed and published, with a design to
LIMITATIONS carelessly or wantonly injure the plaintiff.
A. FREEDOM FROM CENSORSHIP OR 101
PRIOR RESTRAINT

CONSTITUTIONAL LAW II
B. FREEDOM FROM SUBSEQUENT Components
PUNISHMENT Speech, expression, and press include:
II. CONTENT-BASED RESTRICTIONS
A. TESTS a) Written or spoken words (recorded or not)
B. APPLICATIONS OF VARIOUS TESTS b) Symbolic speech (e.g. wearing armbands as
IN SPECIFIC INSTANCES symbol of protest)
1. FREEDOM OF EXPRESSION AND c) Movies (BERNAS)
NATIONAL SECURITY
2. FREEDOM OF EXPRESSION AND
LIBEL Scope of Protected Freedoms
3. FREEDOM OF EXPRESSION AND Any and all modes of protection are embraced in
THE RIGHT TO PRIVACY the guaranty. It is reinforced by Sec. 18(1), Art.
4. FREEDOM OF EXPRESSION AND 3.
THE ADMINISTRATION OF
JUSTICE
5. FREEDOM OF INFORMATION
III. CONTENT-NEUTRAL RESTRICTIONS A. Freedom from Censorship or Prior
A. FREEDOM OF ASSEMBLY Restraint
B. FREEDOM OF ASSOCIATION AND
SELF-ORGANIZATION Concept:
C. MOVIE CENSORSHIP
D. BROADCAST MEDIA Censorship conditions the exercise of freedom
of expression upon the prior approval of the
government.
I. Basis, Components, Scope and
Limitations The censor serves therefore as the political,
moral, social and artistic arbiter for the
Basis people, usually applying only his own subjective
standards in determining what is good and
whats not.
Sec. 4, Art. 3. No law shall be passed abridging
the freedom of speech, of expression, or of the
press, or the right of the people peaceably to
General rules:
assemble and petition the government for
redress of grievances.
1. Any system of prior restraints of expression
comes to the Court bearing a heavy
Sec. 18. (1), Art. 3 No person shall be detained
presumption against its constitutionality,
solely by reason of his political beliefs and
giving the government a heavy burden to
aspirations.
show justification for the imposition of such
restraint. (New York vs. United States 1971)
All are indispensable to the uninhibited, robust
and wide-open debate in the free marketplace of 2. There need not be total suppression.
ideas (Abrams vs. US) Even restriction of circulation constitutes
censorship (Grosjean vs. American Press
U.S. vs. Bustos (1909): Co. 297 US 233)
While indeed, the news item subject of the
present case might have ruffled the sensitivities
of plaintiff, this Court however believes that the Examples of Unconstitutional Prior
alleged defamatory articles fall within the Restraint:
purview of a qualifiedly privileged matter, and
that therefore, it cannot be presumed to be 1. COMELEC prohibition against radio
malicious. The onus of proving malice is commentators or newspaper columnists
POLITICAL LAW REVIEWER Chapter IX. FREEDOM of EXPRESSION

from commenting on the issues involved in the sailing dates of transports or the
a scheduled plebiscite (Sanidad vs. number and location of troops
COMELEC) c. Obscene publications
d. Incitements to acts of violence and the
2. Arbitrary closure of a radio station (Eastern overthrow by force of orderly
Broadcasting vs. Dans) government 102

CONSTITUTIONAL LAW II
3. COMELEC resolution prohibiting the posting
of decals and stickers in mobile units like
cars and other moving vehicles (Adiong vs. B. Freedom from Subsequent Punishment
COMELEC)
Concept:
4. Search, padlocking and sealing of the
offices of newspaper publishers (We Forum) Freedom of speech includes freedom after
by military authorities (Burgos vs. Chief of speech. Without this assurance, the citizen
Staff) would hesitate to speak for fear he might be
provoking the vengeance of the officials he has
5. An announcement of a public figure to criticized (chilling effect).
prohibit the media to issue a specific kind of
statement amounts to prior restraint, If criticism is not to be conditioned on the
which is violative of the right to free governments consent, then neither should it
press. (Chavez vs. Gonzales, 2006) be subject to the governments subsequent
chastisement.

Examples of Constitutional Prior Restraint:


Examples of Valid Subsequent Restraints:
1. Law which prohibits, except during the
prescribed election period, the making of 1. Libel. Every defamatory imputation is
speeches, announcements or commentaries presumed to be malicious. (Alonzo vs. CA)
for or against the election of any candidate Exceptions to this presumption are found in
for office (Gonzales vs. COMELEC) Art. 354 of the RPC.

2. Prohibition on any person making use of the 2. Obscenity. The determination of what is
media to sell or to give free of charge print obscene is a judicial function. (Pita vs. CA)
space or air time for campaign or other
political purposes except to the COMELEC. U.S. vs. Kottinger:
Ratio: police power of State to regulate
media for purpose of ensuring equal Accused was convicted for exhibiting nude
opportunity, time and space for political painting and pictures, notwithstanding his
campaigns. (National Press Club vs. claim that he had done so in the interest of
COMELEC, Osmena vs. COMELEC) art. Court said that the purpose was
commercial, not merely artistic, because he
3. Movie censorship: the power of the MTCRB charged admission fees to the exhibition.
can be exercised only for purposes of
reasonable classification, not censorship. 3. Contempt for criticism/publications tending
(NACHURA citing Gonzales vs. Katigbak to impede, obstruct, embarrass or influence
and Ayer vs. Judge Capulong) the courts in administering justice in a
pending suit or proceeding (sub judice)
4. Near vs. Minnesota, (1931): (People vs. Alarcon)
a. When a nation is at war, many things
that might be said in time of peace are 4. Being a public figure does not automatically
such a hindrance to its effort that their destroy in toto a person's right to privacy.
utterance will not be endured so long as The limits of freedom of expression are
men fight and that no court could regard reached when it touches upon matters of
them as protected by any constitutional private concern (Lagunzad vs. Gonzales)
right
b. Actual obstruction to the governments 5. Right of students to free speech in school
recruiting service or the publication of premises must not infringe on the schools
POLITICAL LAW REVIEWER Chapter IX. FREEDOM of EXPRESSION

right to discipline its students (Miriam test most applied to cases re: freedom of
College Foundation vs. CA 2000). expression.

Exceptions: 3. Balancing of Interest Test


103
1. Fair comment on matters of public interest. American Communications Assoc. vs.

CONSTITUTIONAL LAW II
Fair comment is that which is true or, if Douds, (339 US 282):
false, expresses the real opinion of the
author based upon reasonable degree of When a particular conduct is regulated in the
care and on reasonable grounds. interest of public order, and the regulation
results in an indirect, conditional and partial
2. Criticism of official conduct is given the abridgement of speech, the duty of the courts is
widest latitude. (US vs. Bustos) to determine which of the two conflicting
interests demands greater protection.

Gonzales vs. Comelec:


II. Content-Based Restrictions
The test is applied when two legitimate values
not involving national security crimes
A. Tests compete.

1. Dangerous Tendency Test 4. Direct Incitement Test


Cabansag vs. Fernandez: Salonga vs. Cruz Pao (1986):
If the words uttered create a dangerous In this case, the Petitioner was charged with
tendency of an evil which the State has the right violation of the Revised Anti-Subversion Act
to prevent, then such words are punishable. after being apparently implicated by a certain
Victor Lovely as being involved in the series of
People vs. Perez: bombings in Metro Manila.
It is sufficient if the natural tendency and the
probable effect of the utterance were to bring Direct Incitement Test: In the case before us,
about the substantive evil that the legislative there is no teaching of the moral propriety of a
body seeks to prevent. resort to violence, much less an advocacy of
force or a conspiracy to organize the use of
force against the duly constituted authorities.
2. Clear and Present Danger Test
The alleged remark about the likelihood of
Schenck vs. United States (1919): violent struggle unless reforms are instituted is
not a threat against the government. Nor is it
The question in every case is whether the words even the uninhibited, robust, caustic, or
used are used in such circumstances and are of unpleasantly sharp attack which is protected by
such a nature as to create a clear and present the guarantee of free speech.
danger that they will bring about the substantive
evils that Congress has a right to prevent. It is a Parenthetically, the American case of
question of proximity and degree. Brandenburg vs. Ohio (395 U.S. 444) states that
the constitutional guarantees of free speech
Gonzales vs. COMELEC: and free press do not permit a State to forbid
or proscribe advocacy of the use of force or
This rule requires that the danger created must of law violation except where such advocacy
not only be clear and present but also traceable is directed to inciting or producing imminent
to the ideas expressed. lawless action and is likely to incite or
produce such action.
Note: This test has been adopted by the
Philippine SC lock, stock and barrel and is the
Political discussion even among those
opposed to the present administration is
POLITICAL LAW REVIEWER Chapter IX. FREEDOM of EXPRESSION

within the protective clause of freedom of was written by a fictitious suicidee, Alberto
speech and expression. The same cannot be Reveniera and addressed to the latter's
construed as subversive activities per se or as supposed wife.
evidence of membership in a subversive
organization. These reasons point to the Roxas
administration, his disappointments and 104
humiliations because of the former and his lack

CONSTITUTIONAL LAW II
5. Grave-But-Improbable Danger Test of power to put under Juez de Cuchillo all the
Roxas people in power. Finally, the letter
Dennis vs. U.S. (1951): instructed the wife to teach their children to burn
pictures of Roxas if they come across one.
In this case, the Petitioners, leaders of the Espuelas admitted the fact that he wrote the
Communist Party in this country, were indicted letter and caused its publication and that he had
in a federal district court under 3 of the Smith impersonated one Alberto Reveniera and posed
Act for (1) wilfully and knowingly conspiring to himself as Alberto Reveniera in a picture taken
organize as the Communist Party a group of wherein he was shown hanging by the end of a
persons to teach and advocate the overthrow rope tied to a limb of a tree.
and destruction of the Government of the United
States by force and violence, and (2) to Freedom of Expression, national security:
knowingly and wilfully advocate and teach the The letter is a scurrilous libel against the
duty and necessity of overthrowing and Government. It suggests or incites rebellious
destroying the Government of the United States conspiracies or riots and tends to stir up the
by force and violence. people against the constituted authorities, or to
provoke violence from opposition groups who
Grave-But-Improbable Danger Test: To may seek to silence the writer, which is the sum
determine the clear and present danger of the and substance of the offense under
utterances bringing about the evil which that consideration. Such writings are criminal not
legislature has the power to punish, "In each only because they tend to incite to a breach
case [courts] must ask whether the gravity of of the peace but because they are conducive
the 'evil,' discounted by its improbability, to the destruction of the very government
justifies such invasion of free speech as is itself. Malicious endeavors to stir up public strife
necessary to avoid the danger." In this case, are prohibited.
an attempt to overthrow the Government by
force is a sufficient evil for Congress to prevent. Our Legislature has spoken in article 142 of the
It is the existence of the conspiracy which RPC and the law must be applied. This kind of
creates the danger. legislation must be weighed carefully vis--vis
the fundamental right to freedom of speech.
Such freedom, although secured by the
Constitution, does not confer an absolute
B. Applications of Various Tests in right to speak or publish without
Specific Instances responsibility whatever one may choose. It is
not unbridled license that gives immunity for
I. Freedom of Expression and National every possible use of language and prevents
Security the punishment of those who abuse this
freedom.
Espuelas vs. People (1951)
The privilege of any citizen to criticize his
Espuelas was convicted in the lower court of the government and government officials and to
crime of inciting to sedition. Espuelas had his submit his criticism to the "free trade of ideas"
picture taken, making it to appear as if he were and to plead for its acceptance in "the
hanging lifeless at the end of a piece of rope competition of the market" is not to be
suspended from the limb of a tree, when in truth restrained. However, let such criticism be
and in fact, he was merely standing on a barrel. specific and therefore constructive,
After securing copies of his photograph, he sent reasoned or tempered, and not a
copies to several newspapers and weeklies of contemptuous condemnation of the entire
general circulation throughout the Philippines government set-up.
and abroad, for their publication with a suicide
note or letter, wherein he made to appear that it Such wholesale attack is nothing less than an
invitation to disloyalty to the government.
POLITICAL LAW REVIEWER Chapter IX. FREEDOM of EXPRESSION

When the use of irritating language centers damages against MVRS Publications, Inc.,
not on persuading the readers but on arising from an article, which says that the pig is
creating disturbance, the rationale of free sacred for the Muslims.
speech cannot apply and the speaker or
writer is removed from the protection of the Freedom of Expression, Libel: As the size of
constitutional guaranty. these groups increases, the chances for 105
members of such groups to recover damages on

CONSTITUTIONAL LAW II
tortious libel become elusive. This principle is
II. Freedom of Expression and Libel said to embrace two important public policies:
first, where the group referred to is large, the
Bulletin Publishing vs. Noel courts presume that no reasonable reader would
NATIONAL COMMUNITY STANDARD AS take the statements as so literally applying to
BASIS OF WHAT IS DEFAMATORY: each individual member; and second, the
Facts: An article in Phil. Panorama described limitation on liability would satisfactorily
Amir Mindalano as not belonging to a royal safeguard freedom of speech and expression,
house. as well as of the press, effecting a sound
Held: Court held that there is no libel. Such a compromise between the conflicting
description cannot be regarded as defamatory, fundamental interests involved in libel cases.
an imputation of a vice or defect, or tending to
cast dishonor, discredit or contempt or to Courts must be viewpoint-neutral when it comes
blacken the memory of one who is dead. In a to religious matters if only to affirm the neutrality
community like ours which is both principle of free speech rights under modern
republican and egalitarian, such an jurisprudence where "all ideas are treated equal
ascription, whether correct or not, cannot be in the eyes of the First Amendment - even those
defamatory. ideas that are universally condemned and run
counter to constitutional principles."
It is to the standards of the national
community, not to those of the region that a Under the right to free speech, "there is no such
court must refer especially where a thing as a false idea. However pernicious an
newspaper is national in reach and opinion may seem, we depend for its correction
coverage.xxx not on the conscience of judges and juries but
on the competition of other ideas."
Newsweek vs. IAC (1986):
REPORT OF OFFICIAL CONDUCT IS Denying certiorari and affirming the appellate
PRIVILEGED AND COVERED BY PRESS court decision would surely create a chilling
FREEDOM: Where the defamation is alleged to effect on the constitutional guarantees of
have been directed at a group/class, it is freedom of speech, of expression, and of the
essential that the statement must be so press.
sweeping or all-embracing as to apply to every
individual in that group or class, or sufficiently
specific so that each individual in the class or III. Freedom of Expression and the Right to
group can prove that the defamatory statement Privacy
specifically pointed to him, so that he can bring
the action separately, if need be. Lagunzad vs. Sotto (1979)
Being a public figure does not automatically
Also, the report in the Newsweek article referring destroy in toto a persons right to privacy.
as it does to an official act performed by an The right to invade a persons privacy to
elective public official (i.e. that the victim had disseminate public info does not extend to a
been arrested by members of special police unit fictional representation of a person, no matter
brought by the mayor of Kabankalan who how public a figure he/she may be. In the case
incidentally is a sugar planter), is w/in the realm at bar, petitioner admits that he included a little
of privilege and is protected by the constitutional romance in the film about Moises Padilla
guarantees of free speech and press. (despite efforts to present the true-to-life story of
the latter) because w/o it, it would be a drab
MVRS v. Islamic DaWah Council of the Phil story of torture and brutality.
(2003)
Islamic DaWah Council of the Philippines, Inc., Ayer Productions vs. Capulong (1988):
a local federation of more than 70 Muslim Facts: TC issued a writ of preliminary injunction
religious organizations, filed a complaint for against petitioners ordering them to desist from
POLITICAL LAW REVIEWER Chapter IX. FREEDOM of EXPRESSION

producing the movie The Four-Day Revolution, V. Freedom of Information


a docu-drama of EDSA I, on the ground that it
violated the right to privacy of Juan Ponce Enrile Valmonte vs. Belmonte
who was featured in the documentary.
Facts: Media practitioners requested
Held: information from the GM of GSIS regarding 106
1) Freedom of speech and expression includes clean loans granted to certain members of the

CONSTITUTIONAL LAW II
freedom of filming and producing motion defunct Batasang Pambansa on the guaranty of
pictures and to exhibit them. The fact that Imelda Marcos shortly before the Feb 1986
such film production is a commercial activity elections. Request was refused on the ground of
is not a disqualification for availing of confidentiality.
freedom of speech and expression.
2) The right to privacy cannot be involved to Held: The right to information is not absolute. It
resist publication and dissemination of is limited to matters of public concern and is
matter of public interest. subject to such limitations as may be provided
3) The intrusion is no more than necessary to by law. That the GSIS was exercising a
keep the film a truthful historical account. proprietary function would not justify its
Enrile is a public figure because of his exclusion of the transactions from the coverage
participation as a principal actor in the of the right to info. But although citizens have
culminating events of the revolution. such right and, pursuant thereto, are entitled to
4) There must be no knowing or reckless access to official records, the Constitution does
disregard of truth in depicting the not accord them the right to compel custodians
participation of Enrile in EDSA I. Also, there of official records to prepare lists, summaries
must be no presentation of his private life and the like in their desire to get info on matters
and no revelation of intimate or of public concern.
embarrassing personal facts.

IV. Freedom of Expression and the III. Content-Neutral Restrictions


Administration Of Justice
1. Freedom of Assembly
Cabansag vs. Fernandez (1957)
Primicias vs. Fugoso (1948):
Facts: Due to the delay in the disposition of his
original case, Cabansag asked for help from the
The right to freedom of speech and to peaceably
President through a letter addressed to the
assemble and petition the government for
Presidential Complaints and Actions
redress of grievances are fundamental personal
Commission (PCAC). A contempt charge was
rights of the people guaranteed by the
brought against him for sending that letter which
constitutions of democratic countries. City or
tended to degrade the lower court in the eyes of
town mayors are not conferred the power to
the President and of the people. SC reversed
refuse to grant the permit, but only the
the ruling which cited him in contempt.
discretion in issuing the permit to determine
or specify the streets or public places where
Held:
the parade may pass or the meeting may be
Freedom of Expression and the held.
Administration of Justice: For his act (of
sending his letter to the President and not to the J.B.L. Reyes vs. Bagatsing (1983):
Sec of Justice or SC) to be contemptuous, the
danger must cause a serious imminent threat to The Court held here that freedom of speech and
the administration of justice. We cannot infer freedom to peaceably assemble is entitled to
that such act has "a dangerous tendency" to be accorded utmost deference and respect,
belittle the court or undermine the administration and cannot be limited or denied unless there
of justice for the writer merely exercised his is showing of a clear and present danger of a
constitutional right to petition the government for substantive evil that the State has a right to
redress of a legitimate grievance. prevent. For the constitutional right to be
invoked, riotous conduct, injury to property and
acts of vandalism must be avoided.
Furthermore, absent any clear and present
POLITICAL LAW REVIEWER Chapter IX. FREEDOM of EXPRESSION

danger of a substantive evil, peaceable mayor to allow proper coordination and


assembly in public places like streets or orderly activities.
parks cannot be denied.
Permit Application
There is need to address the situation
Bayan vs. Ermita (2006) adverted to by petitioners where mayors do 107
not act on applications for a permit and

CONSTITUTIONAL LAW II
The CPR, insofar as it would purport to differ when the police demand a permit and the
from or be in lieu of maximum tolerance, is rallyists could not produce one, the rally is
NULL and VOID immediately dispersed.

CPR serves no valid purpose if it means the In such a situation, as a necessary


same thing as maximum tolerance (Sec. 3 consequence and part of maximum
[c] of B.P. 880), and is illegal if it means tolerance, rallyists who can show the police
something else. Accordingly, what is to be an application duly filed on a given date can,
followed is and should be that mandated by after two days from said date, rally in
the law itself, namely, maximum tolerance. accordance with their application without the
need to show a permit, the grant of the
B.P. 880 not unconstitutional permit being then presumed under the law,
B.P. No. 880 is not an absolute ban of public and it will be the burden of the authorities to
assemblies but a restriction that simply show that there has been a denial of the
regulates the time, place and manner of the application, in which case the rally may be
assemblies. The law is not vague or peacefully dispersed following the procedure
overbroad. There is, likewise, no prior of maximum tolerance prescribed by the
restraint, since the content of the speech is law.
not relevant to the regulation. A fair and
impartial reading of B.P. No. 880 thus Conclusion
readily shows that it refers to all kinds of For this reason, the so-called calibrated
public assemblies that would use public pre-emptive response policy has no
places. place in our legal firmament and must be
struck down as a darkness that shrouds
Freedom Parks freedom. It merely confuses our people and
B.P. 880 provides that every city and is used by some police agents to justify
municipality must set aside a freedom park abuses. On the other hand, B.P. No. 880
within six months from the laws effectivity in cannot be condemned as unconstitutional; it
1985, or 20 years ago. Section 15 of the law does not curtail or unduly restrict freedoms;
provides for an alternative forum through the it merely regulates the use of public places
creation of freedom parks where no prior as to the time, place and manner of
permit is needed for peaceful assembly and assemblies.
petition at any time. According to the
SolGen (Nachura), however, he is aware Far from being insidious, maximum
of only ONE declared freedom park - tolerance is for the benefit of rallyists, not
Fuente Osmena in Cebu City. Without the government. The delegation to the
such alternative forum, to deny the mayors of the power to issue rally permits is
permit would in effect be to deny the valid because it is subject to the
right. constitutionally-sound clear and present
danger standard.
Hence, local governments are given a
deadline of 30 days within which to
designate specific freedom parks as 2. Freedom of Association and Self-
provided under B.P. No. 880. If, after that Organization
period, no such parks are so identified in
accordance with Section 15 of the law, all SEC. 17. Human Security Act:
public parks and plazas of the municipality
or city concerned shall in effect be deemed SEC. 17. Proscription of Terrorist Organizations,
freedom parks; no prior permit of whatever Association, or Group of Persons. -- Any
kind shall be required to hold an assembly organization, association, or group of persons
therein. The only requirement will be written organized for the purpose of engaging in
notices to the police and the office of the
POLITICAL LAW REVIEWER Chapter IX. FREEDOM of EXPRESSION

terrorism, or which, although not organized for including the right to strike in accordance with
that purpose, actually uses the acts to terrorize law. They shall be entitled to security of tenure,
mentioned in this Act or to sow and create a humane conditions of work, and a living wage.
condition of widespread and extraordinary fear They shall also participate in policy and
and panic among the populace in order to decision-making processes affecting their rights
coerce the government to give in to an unlawful and benefits as may be provided by law. 108
demand shall, upon application of the

CONSTITUTIONAL LAW II
Department of Justice before a competent
Regional Trial Court, with due notice and 3. Movie Censorship
opportunity to be heard given to the
organization, association, or group of persons Gonzales vs. Kalaw Katigbak (1985):
concerned, be declared as a terrorist and
outlawed organization, association, or group of Facts: Gonzales was the producer of the movie
persons by the said Regional Trial Court. Kapit sa Patalim w/c the Board of Review for
Motion Pictures and Televisions classified as fit
For Adults Only.
People vs. Ferrer (1972):
Held: Here the Court held that the power of the
The right to associate is not absolute. Board is limited to the classification of films. For
freedom of expression is the rule and restrictions
Sec. 2 (5), Art 9-B. 1987 Constitution. The the exception. Censorship is allowable only
right to self-organization shall not be denied to under the clearest proof of a clear and
government employees. present danger of a substantive evil to public
safety, morals, health or any other legit
Sec. 8, Art. 3, 1987 Constitution. The right of public interest. 1) There should be no doubt
the people, including those employed in the what is feared may be traced to the
public and private sectors, to form unions, expression complained of. 2) Also, there
associations, or societies for purposes not must be reasonable apprehension about its
contrary to law shall not be abridged. imminence. It does not suffice that the
danger is only probable.
par. 2, Sec. 3(2), Art. 13, 1987 Constitution. It
shall guarantee the rights of all workers to self- 4. Broadcast Media
organization, collective bargaining and
negotiations, and peaceful concerted activities,
POLITICAL LAW REVIEWER Chapter X. FREEDOM of RELIGION

Chapter X. Freedom of Religion 3. Religious displays in public spaces

I. NON-ESTABLISHMENT CLAUSE Glassroth vs. Moore, 335 F.3d 1282 (11th Cir.
A. CONCEPT 2003):
B. BASIS 109
C. ACTS NOT PERMITTED BY THE Display of granite monument of 10

CONSTITUTIONAL LAW II
ESTABLISHMENT CLAUSE commandments in front of a courthouse is
D. ACTS PERMITTED BY THE unconstitutional for being is unmistakably non-
ESTABLISHMENT CLAUSE secular. Nothing in its setting de-emphasizes its
E. TEST religious nature. It engenders in viewers a sense
II. FREE EXERCISE CLAUSE that Christianity is endorsed by the government.
A. DUAL ASPECT
B. LAWS JUSTIFIED UNDER THE FREE 4. Mandatory religious subjects or prohibition
EXERCISE CLAUSE of secular subjects (evolution) in schools
III. TESTS (Epperson vs. Arkansas)
A. CLEAR AND PRESENT DANGER
TEST 5. Mandatory bible reading in school (a form of
B. COMPELLING STATE INTEREST preference for belief over non-belief)
TEST (School District vs. Schempp)
C. CONSCIENTIOUS OBJECTOR TEST
6. Word God in the Pledge of Allegiance
Art. III, Sec. 5. No law shall be made respecting
an establishment of religion; or prohibiting the Newdow vs. US (2003):
free exercise thereof. The free exercise and
enjoyment of religious profession and worship, Mandatory recitation in school of such a Pledge
without discrimination or preference, shall of Allegiance would tend to discriminate against
forever be allowed. No religious test shall be students who are atheists.
required for the exercise of civil or political
rights.
D. Acts Permitted by the Establishment
Clause
I. Non-establishment Clause 1. Tax exemption

Sec. 28 (3), Art. 6. Charitable institutions,


A. Concept churches and personages or convents
appurtenant thereto, mosques, non-profit
The clause prohibits excessive government
cemeteries, and all lands, buildings, and
entanglement with, endorsement or disapproval
improvements, actually, directly, and exclusively
of religion (Victoriano v. Elizalde Rope Workers
used for religious, charitable, or educational
Union 1974, Lynch v. Donnelly, 465 US 668
purposes shall be exempt from taxation.
(1984) O'Connor, J., concurring); Allegheny
County v. Greater Pittsburg ACLU 1989).
2. Operation of sectarian schools

B. Basis Sec. 4(2), Art. 14. Educational institutions, other


Rooted in the separation of Church and State than those established by religious groups and
(Sec. 2(5), Art. 9-C; Sec. 5(2), Sec. 29(2) Art. 6, mission boards, shall be owned solely by
1987 Consti). citizens of the Philippines or corporations or
associations at least sixty per centum of the
capital of which is owned by such citizens
C. Acts NOT permitted by Non-
establishment Clause 3. Religious instruction in public schools
1. Prayer and Bible-reading in public schools
(Engel v. Vitale 1967; Abington School Sec. 3(3), Art. 14. At the option expressed in
District v. Schemp 1963) writing by the parents or guardians, religion shall
be allowed to be taught to their children or wards
2. Financial subsidy for parochial schools in public elementary and high schools within the
(Lemon vs. Kurtzman) regular class hours by instructors designated or
POLITICAL LAW REVIEWER Chapter X. FREEDOM of RELIGION

approved by the religious authorities of the 9. Financial support for secular academic
religion to which the children or wards belong, facilities
without additional cost to the Government.
Tilton vs. Richardson, (403 U.S. 672):
Civil Code, Art. 359. The government promotes WON a law that grants financial support for
the full growth of the faculties of every child. For expansion of educational facilities in 110
this purpose, the government will establish, parochial schools is constitutional. HELD:

CONSTITUTIONAL LAW II
whenever possible: Yes, secular purpose facilities to be used
for secular activities. The facilities built here
(1) Schools in every barrio, municipality and city were a library and a science center.
where optional religious instruction shall be
taught as part of the curriculum at the option of 10. Exemption from zoning requirements to
the parent or guardian.xxx accommodate unique architectural features
of religious buildings
4. Public aid to religion
Martin vs. Corporation of the Presiding
Bishop, (434 Mass. 141):
Sec. 29 (2), Art. 6. No public money or property
WON zoning law giving exemption to
shall be appropriated, applied, paid, or
religious sect (Mormons building a tall
employed, directly or indirectly, for the use,
pointed steeple) is constitutional. HELD:
benefit, or support of any sect, church,
Yes, court may not determine whether
denomination, sectarian institution, or system of
architectural features are necessary for a
religion, or of any priest, preacher, minister,
particular religion, e.g. steeple pointing
other religious teacher, or dignitary as such,
upwards into heaven for Mormons.
except when such priest, preacher, minister,
or dignitary is assigned to the armed forces,
or to any penal institution, or government E. Test
orphanage or leprosarium.
Lemon vs. Kurtzman, (403 U.S. 602): Lemon
Test
5. Postage stamps depicting Philippines as the
1. Statute must have a secular legislative
site of a significant religious event
purpose.
2. Primary effect must be one that neither
Aglipay vs. Ruiz, (64 Phil. 201):
advances nor inhibits religion.
Postage stamps which promote a Catholic
3. Must not foster excessive entanglement
event are constitutional. The benefit to
between government and religion.
religious sect is incidental to promotion of
Philippines as a tourist destination.

6. Government sponsorship of town fiestas.


Traditions which used to be purely religious II. Free Exercise Clause
but have now acquired secular character are
permissible (Garces vs. Estenzo)
A. Dual Aspect
7. Book lending program for students in 1. Freedom to believe - absolute
parochial schools. The benefit redounds to 2. Freedom to act on ones belief subject to
students and parents and not to any regulation
particular sect. (Board of Education vs.
Allen, 392 U.S. 236)
B. Laws Justified under Free Exercise
8. Display of crche in a secular setting Clause
1. Exemption from flag salute
Lynch vs. Donnely, (1984):
Crche is displayed in a secular manner, Ebralinag vs. Division Superintendent of
and merely depicts the origins of the holiday. Schools of Cebu (1993):
The Constitution mandates accommodation
and not merely tolerance. Instead of an Conscientious Objectors cannot be compelled to
absolutist approach, court inquires if the law salute the flag on pain of being dismissed from
or conduct has a secular purpose. one's job or of being expelled from school.
POLITICAL LAW REVIEWER Chapter X. FREEDOM of RELIGION

health or any other legitimate interest, that the


2. Freedom to propagate religious doctrines state has a right to prevent.

American Bible Society vs. City of Manila


(1957):
B. Compelling State Interest Test
(from a benevolent neutrality stance) 111
The power to tax the exercise of the privilege is

CONSTITUTIONAL LAW II
the power to control or suppress its enjoyment. 1. Determine sincerity and centrality of claimed
Those who can tax the exercise of religious religious belief and practice
practice can make its exercise so costly as 2. Compelling state interest must override
to deprive it of the resources necessary for religious belief and practice
its maintenance. 3. The means adopted in pursuing its interest
is the least restrictive to religious freedom

3. Exemption from union shop Estrada vs. Escritor (2003):

Victoriano vs. Elizalde Rope Workers Union Although the morality contemplated by laws is
(1974): secular, benevolent neutrality could allow for
accommodation of morality based on religion,
Neither does the law constitute an establishment provided it does not offend compelling state
of religion. It has been held that in order to interests.
withstand objections based on this ground, the
statute must have a secular purpose and that
purpose must not directly advance or diminish C. Conscientious Objector Test
the interest of any religion. Congress acted 1. Conscientiously opposed to war in any form.
merely to relieve persons of the burden imposed 2. Opposition is based upon religious training
by union security agreements. The free and belief.
exercise of religious profession or belief is 3. Objection is sincere. (See Cassious Clay vs.
superior to contract rights. US)

Note: Meaning of religious training and belief:


4. Non-disqualification from local government WON it is sincere and meaningful and occupies
office a place in the life of its possessor parallel to that
filled by the orthodox belief in God. (US vs.
Pamil vs. Teleron (1978): Seeger, 380 US 163). This expands the
meaning of religion to cover not just recognized
For lack of votes, law disqualifying religious sects but also personal beliefs akin to
leaders from public office is held valid. As per traditional religion.
free exercise clause, it is invalid for it requires a
religious test for qualification.

Dean Pangalangan: There should be no


distinction between ordinary believer and the
Pope; if the former can hold office, why not the
latter.

III. Tests

A. Clear and Present Danger Test

Ebralinag vs. Div. Superintendent:

The existence of a grave and present danger, of


a character both grave and imminent, of a
serious evil to public safety, public morals, public
POLITICAL LAW REVIEWER Chapter XI. LIBERTY of ABODE and TRAVEL

police chief to restrain the liberty of abode of


Chapter XI. Liberty of Abode and Travel citizens of the Philippines.

I. LIBERTY OF ABODE
II. RIGHT TO TRAVEL II. Right to Travel
III. RIGHT TO RETURN TO ONES COUNTRY 112

CONSTITUTIONAL LAW II
Manotok vs. CA (1986):
I. Liberty of Abode RIGHT NOT ABSOLUTE:
The Constitutional Right to Travel under
Rubi vs. Provincial Board (1919): Sec. 5, Art. IV of the 1973 Consitution is not an
Absolute Right, and can only be impaired upon
"Liberty" as understood in democracies, is not lawful order of the court, or when necessary in
license; it is "Liberty regulated by law." the interest of national security, public safety or
public health. Releasing the petitioner on bail
The right of the individual is necessarily subject and that as a condition, he make himself
to reasonable restraint by general law for the available at all times is a valid restriction on his
common good. The Liberty of the citizens may right to travel. To allow him to travel, especially
be restrained in the interest of the public health, abroad will make the order of the court nugatory
or of the public order and safety, or otherwise as the court's jurisdiction cannot extend beyond
within the proper scope of the police power. the Philippines.

None of the rights of the citizen can be taken


away except by due process of law. III. Right to Return to Ones Country
The government's measure in relocating the
Manguianes, a nomadic people with a wayfaring Marcos vs. Manglapus (1989):
life and without permanent individual property is
necessary both in the interest of the public as The threats to the government, to which the
owner of the lands about which they are roving return of the Marcoses has been viewed to
and for the proper accomplishment of the provide a catalytic effect, have not been shown
purposes and objectives of the government. For to have ceased. The President has unstated
as people accustomed to nomadic habit, they residual powers which are implied from the grant
will always long to return to the mountains and of executive power and which are necessary for
follow a wayfaring life, and unless a penalty is her to comply with her duties under the
provinced for, you can not make them live Constitution. One of her duties is to protect and
together and the noble intention of the promote the the interest and welfare of the
Government of organizing them politically will people. Her decision to bar the return of the
come to naught. Furthermore, their relocation Marcoses and subsequently, the remains of Mr.
(and the imposition that they are not allowed to Marcos at the present time and under present
emigrate to some other places under penalty of circumstances is in compliance with this
imprisonment) is a proper restraint to their bounden duty.
liberty, they being taught and guided in Tigbao
to improve their living conditions, and improve
their education. In short, everything is being
done from them in order that their advancement
in civilization and material prosperity may be
assured.

Villavicencio vs. Lukban (1919):

The executive of a municipality does not have


the right to force citizens of the Philippine
Islands to change their domicile from one locality
to another. Law defines power, and there is no
law nor regulation that allows a mayor or a
POLITICAL LAW REVIEWER Chapter XII. RA 9372: HUMAN SECURITY ACT

Chapter XII. RA 9372: Human Security Act*

RELEVANT PROVISIONS VIS--VIS CONSTITUTIONAL GUARANTEES

REPUBLIC ACT 9327 CRITICISM 113


Conspiracy to Commit Terrorism, 4 If terrorism is defined by result, then how can a

CONSTITUTIONAL LAW II
conspiracy to commit the Section 3 offense
arise?

Surveillance of suspects and interception and ART. III. SEC. 3. 1987 CONSTITUTION.
recording of communications, 7 1. The privacy of communication and
correspondence shall be inviolable except
Upon written order of the Court of Appeals, upon lawful order of the court, or when
The provisions of RA 4200 to the contrary public safety or order requires otherwise as
notwithstanding Intercept and record, with prescribed by law.
the use of any mode, form, kind or type of 2. Any evidence obtained in violation of this or
electronic or other surveillance equipment of the preceding section shall be inadmissible
intercepting and tracking devices, or with the for any purpose in any proceeding.
use of any other suitable ways and means for
that purpose, any communication, message,
conversation, discussion, or spoken or written
words between members of a judicially
declared and outlawed terrorist
organization, association or group of
persons or of any person charged with or
suspected of the crime of terrorism or of
conspiracy to commit terrorism.
Proscription of Terrorist Organizations, ART. III. SEC. 4. 1987 CONSTITUTION.
Association or Group of Persons, 17 No law shall be passed abridging the freedom
of speech, of expression, or of the press, or the
Any organization, association or group of right of the people peaceably to assemble and
persons organized for the purpose of engaging petition the government for redress of
in terrorism, or which although not organized grievances.
for this purpose, actually uses the acts to
terrorize shall, upon application of the ART. III. SEC. 8. 1987 CONSTITUTION.
Department of Justice before a competent The right of the people, including those
Regional Trial Court, with due notice and employed in the public and private sectors, to
opportunity to be heard given to the form unions, associations, or societies for
organization, association or group of persons purposes not contrary to law shall not be
concerned, be declared as a terrorist and abridged.
outlawed organization, association, or group of
persons by the court. ART. III. SEC. 18. 1987 CONSTITUTION.
1) No person shall be detained solely by
Note: to terrorize to commit the crime reason of his political beliefs and aspirations.
of terrorism?
Periods of Detention without Judicial (sic) Warrant ART. III. SEC. 1. 1987 CONSTITUTION.
of Arrest, 18 No person shall be deprived of life, liberty, or
property without due process of law, nor shall
The provisions of Article 125 of the Revised any person be denied the equal protection of
Penal Code to the contrary the laws.
notwithstanding, any police or law
enforcement personnel, who, having been duly
authorized in writing by the Anti-Terrorism
Council has taken custody of a person charged
ART. 125., REVISED PENAL CODE
with or suspected of the crime of terrorism or Delay in the delivery of detained persons to
the crime of conspiracy to commit terrorism the proper judicial authorities. The
shall, without incurring any criminal liability
penalties provided in the next preceding article
for delay in the delivery of detained persons
POLITICAL LAW REVIEWER Chapter XII. RA 9372: HUMAN SECURITY ACT

to the proper judicial authorities, deliver shall be imposed upon the public officer or
said charged or suspected person to the employee who shall detain any person for
proper judicial authority within a period of some legal ground and shall fail to deliver such
three (3) days counted from the moment the person to the proper judicial authorities within
said charged or suspected person has been the period of; twelve (12) hours, for crimes or
apprehended or arrested, detained, and taken offenses punishable by light penalties, or their 114
into custody by the said police, or law equivalent; eighteen (18) hours, for crimes or

CONSTITUTIONAL LAW II
enforcement personnel. offenses punishable by correctional penalties,
or their equivalent and thirty-six (36) hours, for
Periods of Detention in the Event of an crimes, or offenses punishable by afflictive or
Actual or Imminent Terrorist Attack, 19 capital penalties, or their equivalent.

suspects may be detained for more than 3


days without the written approval of the Human
Rights Commission or judge of the nearest
court.

Note: Law is silent as to the MAXIMUM


PERIOD OF DETENTION
Restriction on Travel, 26 ART. III. SEC. 13. 1987 CONSTITUTION.
All persons, except those charged with
o Situation contemplated: Bail is granted offenses punishable by reclusion perpetua
because evidence of guilt is not strong when evidence of guilt is strong, shall, before
o Court may, upon application of the prosecution, conviction, be bailable by sufficient sureties, or
limit the right to travel of the accused to within be released on recognizance as may be
the municipality or city where he resides or provided by law. The right to bail shall not be
where the case is pending, in the interest of impaired even when the privilege of the writ of
national security and public safety; habeas corpus is suspended. Excessive bail
o May also be placed under house arrest by shall not be required.
order of the court at his or her usual place of
residence; while under house arrest, he/she ART. III. SEC. 14. 1987 CONSTITUTION.
may not use telephones, cellphones, emails, 1. XXX
computers, the internet or other means of 2. In all criminal prosecutions, the accused
communication with people outside the shall be presumed innocent until the
residence until otherwise ordered by the court. contrary is proved,

_____________________________________________
* Acknowledgment: Thank you to Prof.
Theodore Te for allowing us to substantially lift
the materials from his report on the HSA.
POLITICAL LAW REVIEWER Chapter XII. BP 880

BATAS PAMBANSA BLG. 880 march, the volume of loud-speakers or


sound system and similar changes.
AN ACT ENSURING THE FREE EXERCISE BY
THE PEOPLE OF THEIR RIGHT PEACEABLY Section 4. Permit when required and when not
TO ASSEMBLE AND PETITION THE required - A written permit shall be required for
GOVERNMENT FOR OTHER PURPOSES any person or persons to organize and hold a 115
public assembly in a public place. However, no

CONSTITUTIONAL LAW II
Section 1. Title - This Act shall be known as permit shall be required if the public assembly
"The Public Assembly Act of 1985." shall be done or made in a freedom park duly
established by law or ordinance or in private
Section 2. Declaration of policy - The property, in which case only the consent of the
constitutional right of the people peaceably to owner or the one entitled to its legal possession
assemble and petition the government for is required, or in the campus of a government-
redress of grievances is essential and vital to the owned and operated educational institution
strength and stability of the State. To this end, which shall be subject to the rules and
the State shall ensure the free exercise of such regulations of said educational institution.
right without prejudice to the rights of others to Political meetings or rallies held during any
life, liberty and equal protection of the law. election campaign period as provided for by law
are not covered by this Act.
Section 3. Definition of terms - For purposes of
this Act: Section 5. Application requirements - All
(a) "Public assembly" means any rally, applications for a permit shall comply with the
demonstration, march, parade, procession following guidelines:
or any other form of mass or concerted (a) The applications shall be in writing and shall
action held in a public place for the purpose include the names of the leaders or
of presenting a lawful cause; or expressing organizers; the purpose of such public
an opinion to the general public on any assembly; the date, time and duration
particular issue; or protesting or influencing thereof, and place or streets to be used for
any state of affairs whether political, the intended activity; and the probable
economic or social; or petitioning the number of persons participating, the
government for redress of grievances. transport and the public address systems to
The processions, rallies, parades, be used.
demonstrations, public meetings and (b) The application shall incorporate the duty
assemblages for religious purposes shall be and responsibility of applicant under Section
governed by local ordinances: Provided, 8 hereof.
however, That the declaration of policy as (c) The application shall be filed with the office
provided in Section 2 of this Act shall be of the mayor of the city or municipality in
faithfully observed. whose jurisdiction the intended activity is to
The definition herein contained shall not be held, at least five (5) working days before
include picketing and other concerted action the scheduled public assembly.
in strike areas by workers and employees (d) Upon receipt of the application, which must
resulting from a labor dispute as defined by be duly acknowledged in writing, the office
the Labor Code, its implementing rules and of the city or municipal mayor shall cause
regulations, and by the Batas Pambansa the same to immediately be posted at a
Bilang 227. conspicuous place in the city or municipal
(b) "Public place" shall include any highway, building.
boulevard, avenue, road, street, bridge or
other thoroughfare, park, plaza, square, Section 6. Action to be taken on the
and/or any open space of public ownership application -
where the people are allowed access. (a) It shall be the duty of the mayor or any
(c) "Maximum tolerance" means the highest official acting in his behalf to issue or grant a
degree of restraint that the military, police permit unless there is clear and convincing
and other peace keeping authorities shall evidence that the public assembly will create
observe during a public assembly or in the a clear and present danger to public order,
dispersal of the same. public safety, public convenience, public
(d) "Modification of permit" shall include the morals or public health.
change of the place and time of the public (b) The mayor or any official acting in his behalf
assembly, rerouting of the parade or street shall act on the application within two (2)
working days from the date the application
POLITICAL LAW REVIEWER Chapter XII. BP 880

was filed, failing which, the permit shall be reasonable measures and steps to the end that
deemed granted. Should for any reason the the intended public assembly shall be conducted
mayor or any official acting in his behalf peacefully in accordance with the terms of the
refuse to accept the application for a permit, permit. These shall include but not be limited to
said application shall be posted by the the following:
applicant on the premises of the office of the (a) To inform the participants of their 116
mayor and shall be deemed to have been responsibility under the permit;

CONSTITUTIONAL LAW II
filed. (b) To police the ranks of the demonstrators in
(c) If the mayor is of the view that there is order to prevent non-demonstrators from
imminent and grave danger of a substantive disrupting the lawful activities of the public
evil warranting the denial or modification of assembly;
the permit, he shall immediately inform the (c) To confer with local government officials
applicant who must be heard on the matter. concerned and law enforcers to the end that
(d) The action on the permit shall be in writing the public assembly may be held peacefully;
and served on the application within twenty- (d) To see to it that the public assembly
four hours. undertaken shall not go beyond the time
(e) If the mayor or any official acting in his stated in the permit; and
behalf denies the application or modifies the (e) To take positive steps that demonstrators do
terms thereof in his permit, the applicant not molest any person or do any act unduly
may contest the decision in an appropriate interfering with the rights of other persons
court of law. not participating in the public assembly.
(f) In case suit is brought before the
Metropolitan Trial Court, the Municipal Trial Section 9. Non-interference by law enforcement
Court, the Municipal Circuit Trial Court, the authorities - Law enforcement agencies shall not
Regional Trial Court, or the Intermediate interfere with the holding of a public assembly.
Appellate Court, its decisions may be However, to adequately ensure public safety, a
appealed to the appropriate court within law enforcement contingent under the command
forty-eight (48) hours after receipt of the of a responsible police officer may be detailed
same. No appeal bond and record on appeal and stationed in a place at least one hundred
shall be required. A decision granting such (100) meter away from the area of activity ready
permit or modifying it in terms satisfactory to to maintain peace and order at all times.
the applicant shall, be immediately
executory. Section 10. Police assistance when requested -
(g) All cases filed in court under this Section It shall be imperative for law enforcement
shall be decided within twenty-four (24) agencies, when their assistance is requested by
hours from date of filing. Cases filed the leaders or organizers, to perform their duties
hereunder shall be immediately endorsed to always mindful that their responsibility to provide
the executive judge for disposition or, in his proper protection to those exercising their right
absence, to the next in rank. peaceably to assemble and the freedom of
(h) In all cases, any decision may be appealed expression is primordial. Towards this end, law
to the Supreme Court. enforcement agencies shall observe the
(i) Telegraphic appeals to be followed by following guidelines:
formal appeals are hereby allowed. (a) Members of the law enforcement contingent
who deal with the demonstrators shall be in
Section 7. Use of public thoroughfare - Should complete uniform with their nameplates and
the proposed public assembly involve the use, units to which they belong displayed
for an appreciable length of time, of any public prominently on the front and dorsal parts of
highway, boulevard, avenue, road or street, the their uniform and must observe the policy of
mayor or any official acting in his behalf may, to "maximum tolerance" as herein defined;
prevent grave public inconvenience, designate (b) The members of the law enforcement
the route thereof which is convenient to the contingent shall not carry any kind of
participants or reroute the vehicular traffic to firearms but may be equipped with baton or
another direction so that there will be no serious riot sticks, shields, crash helmets with visor,
or undue interference with the free flow of gas masks, boots or ankle high shoes with
commerce and trade. shin guards;
(c) Tear gas, smoke grenades, water cannons,
Section 8. Responsibility of applicant - It shall or any similar anti-riot device shall not be
be the duty and responsibility of the leaders and used unless the public assembly is attended
organizers of a public assembly to take all by actual violence or serious threats of
POLITICAL LAW REVIEWER Chapter XII. BP 880

violence, or deliberate destruction of or held criminally liable for participating in or


property. attending an otherwise peaceful assembly;
(b) Arbitrary and unjustified denial or
Section 11. Dispersal of public assembly with modification of a permit in violation of the
permit - No public assembly with a permit shall provisions of this Act by the mayor or any
be dispersed. However, when an assembly other official acting in his behalf. 117
becomes violent, the police may disperse such (c) The unjustified and arbitrary refusal to

CONSTITUTIONAL LAW II
public assembly as follows: accept or acknowledge receipt of the
(a) At the first sign of impending violence, the application for a permit by the mayor or any
ranking officer of the law enforcement official acting in his behalf;
contingent shall call the attention of the (d) Obstructing, impeding, disrupting or
leaders of the public assembly and ask the otherwise denying the exercise of the right
latter to prevent any possible disturbance; to peaceful assembly;
(b) If actual violence starts to a point where (e) The unnecessary firing of firearms by a
rocks or other harmful objects from the member of any law enforcement agency or
participants are thrown at the police or at the any person to disperse the public assembly;
non-participants, or at any property causing (f) Acts in violation of Section 10 hereof;
damage to such property, the ranking officer (g) Acts described hereunder if committed
of the law enforcement contingent shall within one hundred (100) meters from the
audibly warn the participants that if the area of activity of the public assembly or on
disturbance persists, the public assembly the occasion thereof;
will be dispersed; 1. the carrying of a deadly or offensive
(c) If the violence or disturbances prevailing as weapon or device such as firearm,
stated in the preceding subparagraph should pillbox, bomb, and the like;
not stop or abate, the ranking officer of the 2. the carrying of a bladed weapon and the
law enforcement contingent shall audibly like;
issue a warning to the participants of the 3. the malicious burning of any object in
public assembly, and after allowing a the streets or thoroughfares;
reasonable period of time to lapse, shall 4. the carrying of firearms by members of
immediately order it to forthwith disperse; the law enforcement unit;
(d) No arrest of any leader, organizer or 5. the interfering with or intentionally
participant shall also be made during the disturbing the holding of a public
public assembly unless he violates during assembly by the use of a motor vehicle,
the assembly a law, statute, ordinance or its horns and loud sound systems.
any provision of this Act. Such arrest shall
be governed by Article 125 of the Revised Section 14. Penalties - Any person found guilty
Penal Code, as amended: and convicted of any of the prohibited acts
(e) Isolated acts or incidents of disorder or defined in the immediately preceding Section
branch of the peace during the public shall be punished as follows:
assembly shall not constitute a group for (a) violation of subparagraph (a) shall be
dispersal. punished by imprisonment of one month and
one day to six months;
Section 12. Dispersal of public assembly (b) violations of subparagraphs (b), (c), (d), (e),
without permit - When the public assembly is (f), and item 4, subparagraph (g) shall be
held without a permit where a permit is required, punished by imprisonment of six months and
the said public assembly may be peacefully one day to six years;
dispersed. (c) violation of item 1, subparagraph (g) shall be
punished by imprisonment of six months and
Section 13. Prohibited acts - The following shall one day to six years without prejudice to
constitute violations of this Act: prosecution under Presidential Decree No.
(a) The holding of any public assembly as 1866;
defined in this Act by any leader or organizer (d) violations of item 2, item 3, or item 5 of
without having first secured that written subparagraph (g) shall be punished by
permit where a permit is required from the imprisonment of one day to thirty days.
office concerned, or the use of such permit
for such purposes in any place other than Section 15. Freedom parks - Every city and
those set out in said permit: Provided, municipality in the country shall within six
however, That no person can be punished months after the effectivity of this Act establish
or designate at least one suitable "freedom park"
POLITICAL LAW REVIEWER Chapter XII. BP 880

or mall in their respective jurisdictions which, as


far as practicable, shall be centrally located
within the poblacion where demonstrations and
meetings may be held at any time without the
need of any prior permit.
In the cities and municipalities of 118
Metropolitan Manila, the respective mayors shall

CONSTITUTIONAL LAW II
establish the freedom parks within the period of
six months from the effectivity of this Act.

Section 16. Constitutionality - Should any


provision of this Act be declared invalid or
unconstitutional, the validity or constitutionality
of the other provisions shall not be affected
thereby.

Section 17. Repealing clause - All laws,


decrees, letters of instructions, resolutions,
orders, ordinances or parts thereof which are
inconsistent with the provisions of this Act are
hereby repealed, amended, or modified
accordingly.

Section 18. Effectivity - This Act shall take effect


upon its approval.

Approved, October 22, 1985.


POLITICAL LAW REVIEWER Chapter XIII. LATEST CASES

Villanueva vs. Philippine Daily Inquirer (15


Chapter XIII. Latest Cases May 2009)

Salonga vs. Daniel Smith (February 2009): The rule on privileged communication had its
genesis not in the nations penal code but in the
Petitioners contend that these undertakings Bill of Rights of the Constitution guaranteeing 119
violate another provision of the Constitution, freedom of speech and of the press. As early as

CONSTITUTIONAL LAW II
namely, that providing for the exclusive power of 1918, in United States v. Caete,23 this Court
this Court to adopt rules of procedure for all ruled that publications which are privileged for
courts in the Philippines (Art. VIII, Sec. 5[5]). reasons of public policy are protected by the
They argue that to allow the transfer of custody constitutional guaranty of freedom of speech.24
of an accused to a foreign power is to provide
for a different rule of procedure for that accused, In the instant case, there is no denying that the
which also violates the equal protection clause questioned articles dealt with matters of public
of the Constitution (Art. III, Sec. 1.).The Court interest. These are matters about which the
finds no violation of the Constitution because public has the right to be informed, taking into
there is a substantial basis for a different account the very public character of the election
treatment of a member of a foreign military itself. For this reason, they attracted media
armed forces allowed to enter our territory and mileage and drew public attention not only to the
all other accused. election itself but to the candidates. As a political
candidate, petitioner consequently assumed the
The rule in international law is that a foreign status of a public figure.
armed forces allowed to enter ones territory is
immune from local jurisdiction, except to the But even assuming a person would not qualify
extent agreed upon. The Status of Forces as a public figure, it would not necessarily follow
Agreements involving foreign military units that he could not validly be the subject of a
around the world vary in terms and conditions, public comment. For he could; for instance, if
according to the situation of the parties involved, and when he would be involved in a public
and reflect their bargaining power. But the issue. If a matter is a subject of public or general
principle remains, i.e., the receiving State can interest, it cannot suddenly become less so
exercise jurisdiction over the forces of the merely because a private individual is involved
sending State only to the extent agreed upon by or because in some sense the individual did not
the parties.12 voluntarily choose to become involved. The
publics primary interest is in the event; the
As a result, the situation involved is not one in public focus is on the conduct of the participant
which the power of this Court to adopt rules of and the content, effect and significance of the
procedure is curtailed or violated, but rather one conduct, not the participants prior anonymity or
in which, as is normally encountered around the notoriety.
world, the laws (including rules of procedure) of
one State do not extend or applyexcept to the
extent agreed uponto subjects of another Pates vs. COMELEC (June 2009)
State due to the recognition of extraterritorial
immunity given to such bodies as visiting foreign Procedural rules should be treated with utmost
armed forces. respect and due regard since they are designed
to facilitate the adjudication of cases to remedy
the worsening problem of delay in the resolution
Soriano vs. Laguardia (29 April 2009): of rival claims and in the administration of
justice. The requirement is in pursuance to the
There is nothing in petitioners statements bill of rights inscribed in the Constitution which
subject of the complaints expressing any guarantees that "all persons shall have a right to
particular religious belief, nothing furthering his the speedy disposition of their before all judicial,
avowed evangelical mission. The fact that he quasi-judicial and administrative bodies," the
came out with his statements in a televised bible adjudicatory bodies and the parties to a case are
exposition program does not automatically thus enjoined to abide strictly by the rules. While
accord them the character of a religious it is true that a litigation is not a game of
discourse. Plain and simple insults directed at technicalities, it is equally true that every case
another person cannot be elevated to the status must be prosecuted in accordance with the
of religious speech. prescribed procedure to ensure an orderly and
speedy administration of justice. There have
POLITICAL LAW REVIEWER Chapter XIII. LATEST CASES

been some instances wherein this Court allowed ON TIMBER LICENSE


a relaxation in the application of the rules, but AND THE NON-IMPAIRMENT CLAUSE
this flexibility was "never intended to forge a
bastion for erring litigants to violate the rules Alvarez substituted by Gozun (DENR) vs.
with impunity." A liberal interpretation and PICOP (03 December 2009): A timber license is
application of the rules of procedure can be not a contract within the purview of the non- 120
resorted to only in proper cases and under impairment clause is edifying.

CONSTITUTIONAL LAW II
justifiable causes and circumstances.
Needless to say, all licenses may thus be
revoked or rescinded by executive action. It is
People vs. Lopez (26 September 2008): not a contract, property or a property right
protected by the due process clause of the
There are eight (8) instances when a Constitution because timber license is an
warrantless search and seizure is valid, to wit: instrument by which the State regulates the
utilization and disposition of forest resources to
(1) consented searches; (2) as an incident to a the end that public welfare is promoted. A timber
lawful arrest; (3) searches of vessels and aircraft license is not a contract within the purview of the
for violation of immigration, customs, and drug due process clause; it is only a license or a
laws; (4) searches of moving vehicles; (5) privilege, which can be validly withdrawn
searches of automobiles at borders or whenever dictated by public interest or public
constructive borders; (6) where the prohibited welfare as in this case.
articles are in "plain view;" (7) searches of
buildings and premises to enforce fire, sanitary, A license is merely a permit or privilege to do
and building regulations; and (8) "stop and frisk" what otherwise would be unlawful, and is not a
operations. contract between the authority, federal, state, or
municipal, granting it and the person to whom it
is granted; neither is it a property or a property
Quinto vs. Comelec (01 December 2009): right, nor does it create a vested right; nor is it
taxation. The granting of license does not create
The equal protection of the law clause in the irrevocable rights, neither is it property or
Constitution is not absolute, but is subject to property rights.
reasonable classification. If the groupings are
characterized by substantial distinctions that
make real differences, one class may be treated Sison vs. PNCC (04 December 2009):
and regulated differently from the other. (NOTE: Also involves Remedial Law)

The equal protection of the law clause is against Unquestionably, the Court has the power to
undue favor and individual or class privilege, as suspend procedural rules in the exercise of its
well as hostile discrimination or the oppression inherent power, as expressly recognized in the
of inequality. It is not intended to prohibit Constitution, to promulgate rules concerning
legislation which is limited either in the object to pleading, practice and procedure in all courts.
which it is directed or by territory within which it In proper cases, procedural rules may be
is to operate. It does not demand absolute relaxed or suspended in the interest of
equality among residents; it merely requires that substantial justice, which otherwise may be
all persons shall be treated alike, under like miscarried because of a rigid and formalistic
circumstances and conditions both as to adherence to such rules. x x x
privileges conferred and liabilities enforced. The
equal protection clause is not infringed by Be it remembered that rules of procedure are
legislation which applies only to those persons but mere tools designed to facilitate the
falling within a specified class, if it applies alike attainment of justice. Their strict and rigid
to all persons within such class, and reasonable application, which would result in technicalities
grounds exist for making a distinction between that tend to frustrate rather than promote
those who fall within such class and those who substantial justice, must always be avoided. x x
do not. x Time and again, this Court has suspended its
own rules and excepted a particular case from
their operation whenever the higher interests of
justice so require.

- end of Constitutional Law II -


POLITICAL LAW REVIEWER TABLE of CONTENTS

PUBLIC INTERNATIONAL LAW


Table of Contents

Chapter I. Preliminaries ...............................124 D. Expression of Consent to be bound


I. Public International Law (PIL) ...........124 by the Treaty (Article 11, VCLOT)......... 134
II. Contra-Distinctions............................124 E. Registration with the UN............... 135
III. Relationship between PIL and Municipal IV. Philippine Law................................... 135 122
Law 125 V. Amendment or Modification of Treaty

PUBLIC INTERNATIONAL LAW


A. Monist View...................................125 135
B. Dualist View ..................................125 VI. Reservations ..................................... 135
C. Monist-Naturalist View ..................125 VII. Invalid Treaties ............................. 135
D. Coordinationist View .....................125 VIII. Grounds for Termination............... 135
IV. The Philippine Doctrine .....................125
A. Doctrine of Incorporation ..............125 Chapter V. International Responsibility..... 137
B. Doctrine of Transformation ...........125 I. Breach............................................... 137
A. Is Fault or Malice Necessary? ...... 137
Chapter II. Actors of International Law ......126 B. The Standard of Diligence ............ 137
I. Subjects and Objects of International II. Attribution .......................................... 137
Law 126 A. Direct and Indirect Attribution ....... 138
A. States............................................126 B. Conduct Attributable to the State . 138
B. Individuals .....................................128 III. Consequences of State Responsibility
C. International Organizations (IO)....128 138
A. Duty to Make Reparation.............. 138
Chapter III. The Norms of International Law B. Forms of Reparation..................... 138
.......................................................................129 IV. Circumstances Precluding Wrongfulness
I. Concepts ...........................................129 139
II. Sources of International Law ............129 V. Diplomatic Protection (Espousal of
A. Treaty as Source of Law...............129 Claim) ....................................................... 139
B. Customary International Law ........129 A. Material Dates............................... 140
C. General Principle of Law...............131 B. Exhaustion of Local Remedies ..... 140
D. Subsidiary Source: Judicial Decisions
132 Chapter VI. Sovereignty and Jurisdiction . 141
E. Subsidiary Source: Publicists .......132 I. Sovereignty ....................................... 141
F. Other Sources...............................132 A. Characteristics .............................. 141
III. Status of Norms ................................132 B. Sovereign Equality of States ........ 141
A. Jus Cogens or Peremptory Norms132 C. Corollaries..................................... 141
B. Erga Omnes Norms ......................132 II. Jurisdiction ........................................ 141
A. Criminal Jurisdiction ..................... 141
Chapter IV. The Law of Treaties .................133 B. Reserved Domain of Domestic
I. Definition ...........................................133 Jurisdiction ............................................ 141
II. Requisites for Validity........................133 C. Doctrine of State Immunity ........... 141
A. Treaty Making Capacity ................133
B. Competence of the Chapter VII. The Law of the Sea ................. 143
Representative/Organ Making the Treaty I. Concepts ........................................... 143
133 A. Distinguished from Maritime or
C. Parties Must Freely Give Consent 133 Admiralty Law........................................ 143
D. Object and Subject Matter Must be B. Baseline ........................................ 143
Lawful ....................................................133 II. Waters............................................... 143
E. Ratification in Accordance with the A. Internal Waters ............................. 144
Constitutional Process of the Parties B. Territorial Waters .......................... 144
Concerned .............................................133 C. Contiguous Zone .......................... 144
III. The Treaty-Making Process ..............133 D. Exclusive Economic Zone ............ 144
A. Negotiation....................................133 E. High Seas ..................................... 145
B. Adoption (Article 9, VCLOT) .........133 III. Archipelagic State ............................. 146
C. Authentication of the Text (Article 10, IV. Continental Shelf............................... 146
VCLOT) .................................................134 A. Limits of the Continental Shelf...... 148
POLITICAL LAW REVIEWER TABLE of CONTENTS

B. Rights of the Coastal State over the B. Hors de combat ............................ 159
Continental Shelf ...................................148 C. Protected Persons ........................ 159
C. Rights with Respect to Continental D. Martens clause ............................. 159
Shelf vs. EEZ.........................................148 E. Military Objective .......................... 159
V. Settlement of Disputes ......................149 F. Belligerency Status ....................... 159
A. Peaceful Settlement of Disputes ..149 VII. IHL and Weapons of Mass
B. Compulsory Settlement of Disputes Destruction................................................. 160
149 VIII. IHL and Non-International Armed
C. Jurisdiction of Court or Tribunal....149 Conflict 160 123
D. Composition of the International A. Common Article 3 and Protocol II. 160

PUBLIC INTERNATIONAL LAW


Tribunal for the Law of the Sea (ITLOS)149 B. Control-of-Territory ....................... 161
E. Jurisdiction of ITLOS ....................149 C. War of National Liberation ............ 161
F. Applicable Laws in Settlement of IX. Neutrality ........................................... 161
Disputes by the ITLOS ..........................149 X. Protective Emblems .......................... 161
A. Who May Use ............................... 162
Chapter VIII. The Use of Force in B. Misuse of the Emblem .................. 162
International Law..........................................150 C. Punishment................................... 162
I. Jus Ad Bellum v Jus in Bello .............150 XI. The International Criminal Court ....... 162
II. Rules on the Use of Force ................150 A. Crimes within the Courts Jurisdiction
A. General Rule.................................150 162
B. Exceptions ....................................150 B. Modes of Incurring Criminal Liability
163
Chapter IX. International Human Rights Law C. Sources of Law ............................. 163
.......................................................................152 D. Other Key Concepts ..................... 163
I. Definition of Human Rights ...............152 E. Landmark Cases .......................... 163
II. Classification of Human Rights .........152
III. Internationalization of Human Rights Chapter XI. Diplomatic Intercourse ............ 165
152 I. Agents of Diplomatic Intercourse...... 165
IV. Sources of Human Rights .................152 A. Head of State................................ 165
A. Convention....................................152 B. The Foreign Office........................ 165
B. Custom..........................................152 C. The Diplomatic Corps ................... 165
V. International Bill of Human Rights.....153 II. Functions and Duties ........................ 165
A. Universal Declaration of Human III. Diplomatic Immunities and Privileges165
Rights (UDHR).......................................153 A. Personal Inviolability..................... 165
B. International Covenant on Civil and B. Inviolability of Premises and Archives
Political Rights (ICCPR) ........................153 166
C. International Covenant on Economic, C. Right of Official Communication ... 166
Social and Cultural Rights (ICESCR) ....154 D. Immunity from Local Jurisdiction .. 166
D. Common Provisions in the ICCPR E. Exemption from Taxes and Customs
and the ICESCR and differences ..........154 Duties .................................................... 166
VI. Specific Norms in Human Rights ......154 IV. Consular Relations............................ 167
A. Genocide.......................................154 A. Ranks............................................ 167
B. Torture ..........................................155 B. Necessary Documents ................. 167
C. Rights of the Child ........................155 C. Immunities and Privileges............. 167
D. Law against Discrimination ...........155
E. Refugee Law.................................156 Chapter XII. Recent International Law Issues
in Philippine Law.......................................... 168
Chapter X. International Humanitarian Law I. Daniel Smith and the Visiting Forces
.......................................................................157 Agreement ................................................. 168
I. Definition of Armed Conflict ............157 II. The Constitutionality of the Baselines
II. Fundamental Principles of IHL..........157 Law 169
III. Application of IHL ..............................158 III. VIOLENCE AGAINST WOMEN (VAW)
IV. The Four Geneva Conventions and the AS A FORM OF TORTURE ...................... 169
Two Additional Protocols ...........................158
V. Application of the Four Geneva Appendix 1 - Straight and Normal Baselines
Conventions and the Two Additional ....................................................................... 171
Protocols ....................................................158 Appendix 2 - Continental Shelf and the
VI. Definition of Concepts and Phrases..159 Maritime Zones............................................. 171
A. Combatants...................................159
POLITICAL LAW REVIEWER Chapter I. PRELIMINARIES

PUBLIC INTERNATIONAL LAW TEAM


Chapter I. Preliminaries

PUBLIC INTERNATIONAL LAW


Prof. Jay Batongbacal
Faculty Editor I. PUBLIC INTERNATIONAL LAW
II. CONTRA-DISTINCTIONS
Ma. Florence Therese Martirez III. RELATIONSHIP BETWEEN PIL AND
Maricris Real MUNICIPAL LAW
Lead Writers A. MONIST VIEW
B. DUALIST VIEW
POLITICAL LAW
C. MONIST-NATURALIST VIEW
Jennifer Go D. COORDINATIONIST VIEW 124
Subject Head IV. THE PHILIPPINE DOCTRINE

PUBLIC INTERNATIONAL LAW


A. DOCTRINE OF INCORPORATION
ACADEMICS COMMITTEE B. DOCTRINE OF TRANSFORMATION
Kristine Bongcaron
Michelle Dy
Patrich Jerome Leccio
Committee Heads I. Public International Law (PIL)
PRINTING & DISTRIBUTION Traditionally, PIL is understood to be the body of
Kae Guerrero principles, norms and processes which regulates
the relations of states and other international
DESIGN & LAYOUT persons, and governs their conduct affecting the
Pat Hernandez interests of States (MAGALLONA).
Malds Menzon
Viktor Fontanilla Other jurists, however, have defined PIL as "a
Rania Joya continuing process of authoritative decisions by
authorized decision-makers, when authority and
LECTURES COMMITTEE power coincide (HIGGINS).
Micha Arias
Cams Maranan It is not just the reference to the trend of past
Anj Sandalo decisions which are termed 'rules' but a matrix of
Committee Heads norms and process that come into being through
Katz Manzano Mary Rose Beley the interaction of authority and international
Sam Nuez Krizel Malabanan reality (MAGALLONA).
Arianne Cerezo Marcrese Banaag
Volunteers

BAR CANDIDATES WELFARE II. Contra-Distinctions


Da Salamat
Municipal Law deals with the conduct or status
LOGISTICS of individuals, corporations, and other private
Cha Mendoza entities within states. PIL may be distinguished
therefrom in that it prescribes rules and
SECRETARIAT COMMITTEE processes that govern the relations of states
with each other, and the rights of other entities
Jill Hernandez
Head insofar as they implicate the community of states
(note: whom it governs). (vs. PIL, Asked 1 time
Loraine Mendoza Faye Celso
Mary Mendoza Joie Bajo
in the Bar))
Members
Private International Law is that part of the
laws of each State (conflict of laws rules) which
determines whether in dealing with a factual
situation involving a foreign element, the law or
judgment of some other State will be recognized
or applied in the forum (SALONGA). Unlike PIL
which is international in character and origin,
private international law is national or municipal
in character (note: character of norms being
applied). It even involves the recognition and
enforcement of a foreign judgment from another
jurisdiction.
POLITICAL LAW REVIEWER Chapter I. PRELIMINARIES

III. Relationship between PIL and IV. The Philippine Doctrine


Municipal Law
Although distinct, PIL and Municipal are
A. Doctrine of Incorporation
interrelated. Below are the four theoretical
views on how they are related (CARTER AND The Philippines adopts the generally accepted
TRIMBLE): principles of international law as part of the law
of the land (Art.II, Sec.2, Constitution).
A. Monist View These generally accepted principles of
125

PUBLIC INTERNATIONAL LAW


international law refer to norms that are binding
International and municipal legal systems are upon all states (international customs and
fundamentally part of one legal order. This view general principles of international law).
considers international law to be superior,
with municipal law being a mere subset of Though these principles do not become part of
international law. the Constitution, they nonetheless become part
of the Philippine legal system, and may be
Thus, international norms are applicable within subject to judicial notice as law (MAGALLONA).
municipal systemseven without some positive
act of the State. Secretary of Justice vs. Lantion, (2000)

Under the doctrine of incorporation, rules of


B. Dualist View international law form part of the law of the land,
and no further legislative action is needed to
International law and municipal law are separate make such rules applicable in the domestic
systems. sphere.
Only those problems affecting international
relations are within the scope of international B. Doctrine of Transformation
law.
The rule is different with respect to treaties.
Thus, before an international norm can have an
effect within a municipal legal system, that norm They have to be transformed in order to be part
must be transformed, or adopted into the of Philippine law.
municipal system through a positive act by a
State organ. (Exception: Customary A treaty is transformed when a treaty is ratified
International Law and General Principles of after it has been concurred in by the Senate
International Law) (Art.VII, Sec.21, Constitution). After ratification,
a treaty shall be deemed as if legislated by
our Legislature.
C. Monist-Naturalist View
Note: Executive Agreements shall be effective in
PIL is superior to municipal law, and that both the Philippines after they are ratified by the Chief
systems are but a part of a higher system of Executive, without need for Senate concurrence
natural law. or ratification (BERNAS).

D. Coordinationist View

International law and municipal law operate in


different spheres, but municipal law is
(generally) obliged to be in conformity with
international law.
POLITICAL LAW REVIEWER Chapter II. ACTORS of INTERNATIONAL LAW

entering into legal relations with other


Chapter II. Actors of International Law states(Montevideo Convention on the Rights and
Duties of States, Art.1 [1933]).
I. SUBJECTS AND OBJECTS OF
INTERNATIONAL LAW 1. Requisite Elements
A. STATES
1. REQUISITE ELEMENTS i. People
i. PEOPLE The t