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San Beda College of Law

M EMORY A ID IN P OLITICAL L AW

CONSTITUTIONAL LAW

IN GENERAL application of its provisions by the courts


in specific cases (Sinco, supra, p.67)
CONSTITUTION
- the document which serves as the STATE
fundamental law of the state. (V. Sinco, - A community of persons, more or
Philippine Political Law, 11th ed., p.68- less numerous, permanently occupying a
70); that written instrument enacted by definite portion of territory,
direct action of the people by which the independent of external control, and
fundamental powers of the government possessing a government to which a
are established, limited and defined, great body of the inhabitants render
and by which those powers are habitual obedience; a politically
distributed among the several organized sovereign community
departments for their safe and useful independent of outside control bound by
exercise for the benefit of the body ties of nationhood, legally supreme
politic (Malcolm, Philippine within its territory, acting through a
Constitutional Law, p.6) government functioning under a regime
of law. (CIR v. Campos Rueda, 42 SCRA
Classification: 23).
1. written (conventional or
enacted) v. unwritten Elements:
(cumulative or evolved). People inhabitants of the State, the
2. rigid v. flexible number of which is capable for self-
sufficiency and self-defense; of both
The Philippine Constitution is written sexes for perpetuity.
and rigid. (Art. XVII) Different meanings of the word
people:
The 1987 Constitution took effect on -People as inhabitants (Sec.1,
February 2, 1987, the date of Art.XIII; Secs.15 -16, Art. II;
the plebiscite for its ratification Sec.2, Art.III);
and not on the date its -People as citizens (Preamble; Secs.
ratification was proclaimed. (De 1 and 4, Art. II; Sec.7, Art. III);
Leon v. Esguerra, 153 SCRA 602) -People as electors (Sec.4, Art. VII;
Sec.2, Art. XVI; Sec. 25, Art.
Interpretation: a doubtful provision XVIII).
shall be examined in the light of the
history of the times and the Territory fixed portion of the surface
conditions and circumstances under of the earth inhabited by the people
which the Constitution was framed of the State; see Art I.
(Civil Liberties Union v. Executive
Secretary, 194 SCRA 317). In case of Sovereignty supreme and
doubt, the provisions should be uncontrollable power inherent in a
considered self-executing; State by which that State is
mandatory rather directory; and governed;
prospective rather than retroactive Characteristics:
(Nachura, Reviewer in Political Law, a. permanent
p.3) b. exclusive
c. comprehensive
CONSTITUTIONAL LAW d. absolute
- designates the law embodied in the e. indivisible
Constitution and the legal principles f. inalienable
growing out of the interpretation and g. imprescriptible

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
2 2005 CENTRALIZED BAR OPERATIONS

Theory of Auto-Limitation - any Personal - authority over its


state may by its consent, express nationals, their persons,
or implied, submit to a property, and acts, whether
restriction of its sovereign rights. within or outside its
There may thus be a curtailment territory.
of what otherwise is a power Extraterritorial authority over
plenary in character. (Reagan v. persons, things or acts,
CIR, G.R. No. L-26379. Dec. 27, outside its territorial limits
1969). by reason of their effects to
its territory.
Imperium - the states authority to
govern embraced in the concept of Government that institution or
sovereignty; includes passing laws aggregate of institutions by which an
governing a territory, maintaining independent society makes and
peace and order over it, and carries out those rules of action
defending it against foreign invasion. which are necessary to enable men
to live in a social state or which are
Dominium - capacity of the state to imposed upon the people forming
own or acquire property. (Lee that society by those who possess
Hong Hok v. David, 48 SCRA 372) the power or authority of prescribing
them. (US v. Dorr, 2 Phil. 332).
Effect of Belligerent Occupation -
No change in sovereignty. Government of the Republic of the
However, political laws, except Philippines is the corporate
those of treason, are suspended; governmental entity through
municipal laws remain in force which the functions of
unless changed by the government are exercised
belligerent occupant. throughout the Philippines,
principle of jus including the various arms which
postliminium At the political authority is made
end of the occupation, effective, whether pertaining to
political laws are the autonomous regions, the
automatically revived. provincial, city or barangay
(Peralta v. Director of subdivisions or other forms of
Prisons, 75 Phil. 285) local government. [Sec. 2(1),
E.O. 292 or the Administrative
Effect of Change of Sovereignty Code of 1987]
The political laws of the former
sovereign, whether compatible Classification:
or not with those of the new De jure has a rightful title but no
sovereign, are automatically power or control, either, because
abrogated, unless they are same has been withdrawn from it or
expressly re-enacted by because same has not yet actually
affirmative act of the new entered into the exercise thereof.
sovereign. Municipals laws
remain in force. (Macariola v. De facto actually exercises power or
Asuncion, 114 SCRA 77) control but without legal title
(Lawyers League for a Better
Jurisdiction manifestation of Philippines v. Aquino, G.R. No.
sovereignty 73748, May 22, 1986).
Territorial authority to have De facto proper government that
all persons and things within gets possession and control of, or
its territorial limits to be usurps, by force or by the voice
completely subject to its of the majority, the rightful
control and protection. legal government and maintains
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
3

M EMORY A ID IN P OLITICAL L AW

itself against the will of the Requisites (Limitations):


latter;
Lawful Subject the interests of the
Government of paramount force public in general, as distinguished
established and maintained by from those of a particular class,
military forces who invade and require the exercise of the power;
occupy a territory of the enemy Lawful Means the means employed are
in the course of war; and reasonably necessary for the
accomplishment of the purpose, and
Independent government not unduly oppressive on individuals;
established by the inhabitants of When exercised by a delegate:
the country who rise in express grant by law;
insurrection against the parent within territorial limits for LGUs
state (Ko Kim Cham v. Valdez except when exercised to
Tan Keh, 75 Phil. 113). protect water supply; and
must not be contrary to law.
Functions:
constituent compulsory because II . POWER OF EMINENT DOMAIN
constitutive of the very bonds of - power of State to forcibly take
society; private property for public use upon
ministrant undertaken to advance payment of just compensation
general interest of society (Bacani v.
NACOCO, 100 Phil. 468); merely Basis: necessity of the property for
optional. public use.

Doctrine of Parens Patriae Who may exercise: generally, the


government as guardian of the rights legislature but also:
of People (Government of the President;
Philippines Islands v. El Monte de Law-making bodies of LGUs;
Piedad, 35 SCRA 738). Public Corporations, and;
Quasi-public Corporations.

FUNDAMENTAL Two stages:


POWERS OF THE STATE determination of the authority of
the plaintiff to exercise the power
Inherent Powers of the State: and the propriety of its exercise; and
determination of just
I . POLICE POWER compensation.
- Law of overruling necessity - power
promoting public welfare by restraining Requisites:
and regulating the use of liberty and
property. 1. Necessity when exercised by:
Congress political question;
Basis: public necessity and right of State Delegate justiciable question
and of public to self-protection and 2. Private property all private
self-preservation. property capable of ownership
may be expropriated, except
Who may exercise: generally, the money and choses in action; may
legislature but also: include services (Republic v.
the President, PLDT, 26 SCRA 620).
Administrative bodies, and 3. Taking:
Law-making bodies of LGUs there is taking when:
i. owner actually deprived or
dispossessed of his property;

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
4 2005 CENTRALIZED BAR OPERATIONS

ii. there is practical destruction Formula: -- fair market value of


or a material impairment of the property, to which must be
value of property; added the consequential
iii. owner is deprived of ordinary damages, minus the
use of his property; and consequential benefits, but in no
iv. owner is deprived of case will the consequential
jurisdiction, supervision and benefits exceed the
control of his property. consequential damages
requisites: Fair market value the price
i. expropriator must enter a that maybe agreed upon by
private property; parties who are willing but
ii. entry must be more than a are not compelled to enter
momentary period; into a contract of sale.
iii. entry must be under a Consequential damages
warrant or color of authority; consist of injuries directly
iv. property must be devoted to caused on the residue of the
public use or otherwise private property taken by
informally appropriated or reason of expropriation
injuriously affected; 6. Due process of law the
v. utilization of the property defendant must be given an
must be in such a way as to opportunity to be heard.
oust the owner and deprive
him of beneficial enjoyment III. POWER OF TAXATION
of the property (Republic v. - power by which State raises revenue
Castelvi, 58 SCRA 336). to defray necessary expenses of the
4. Public use - has been broadened Government.
to include not only uses directly
available to the public but also those Scope: covers persons, property, or
which redound to their indirect occupation to be taxed within taxing
benefit; that only a few would jurisdiction
actually benefit from the
expropriation of the property foes Basis: power emanating from necessity
not necessarily diminish the essence (lifeblood theory)
and character of public use (Manosca
v. Court of Appeals, 252 SCRA 412). Who may exercise: generally, the
Once expropriated change of legislature but also:
public use is of no moment. It is Law-making bodies of LGUs (Sec.5,
well within the rights of the Art. X); and
condemnor as owner to alter and The President, under Sec. 28 (2), Art.
decide its use so long as it still VI of the Constitution or as
for public use. (Republic vs. incident of emergency powers
C.A., G.R. No. 146587, July 2, that Congress may grant to him
2002) under Sec. 23(2), Art. VI.
5. Just compensation -
compensation is qualified by the Limitations on the Power of Taxation:
word just to convey that equivalent Inherent limitations
must be real, substantial, full and Public purpose;
fair; the value of the property must a. Non-delegability of power;
be determined either as of the date b. Territoriality or situs of taxation;
of the taking of the property or the c. Exemption of government from
filing of the complaint, whichever taxation;
came first. (Eslaban v. vda. De d. International comity.
Onorio, G.R. No. 146062, June 28, Constitutional limitations
2001) a. Due process of law;
b. Equal protection of law;
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
5

M EMORY A ID IN P OLITICAL L AW

c. Uniformity, equitability, and


progressivity of taxation;
d. Non-impairment of contracts; Double Taxation additional taxes are
e. Non-imprisonment for non- laid:
payment of poll tax; 1. on the same subject;
f. Origin of appropriation, revenue, 2. by the same taxing jurisdiction;
and tariff bills; during the same taxing period;
g. Non-infringement of religious and
freedom; 3. for the same purpose.
h. Delegation of legislative Despite lack of specific
authority to the President to fix constitutional prohibition, double
tariff rates, import and export taxation will not be allowed if the
quotas, tonnage and wharfage same will result in a violation of the
dues; equal protection clause (Nachura,
i. Tax exemption of properties Reviewer in Political Law, p.38).
actually, directly and exclusively
used for religious, charitable and TAX LICENSE FEE
educational purposes;
j. Majority vote of all members of
1. as to basis
Congress required in case of
legislative grant of tax Power of taxation Police power to
exemptions; to raise revenue regulate
k. Non-impairment of the Supreme
Courts jurisdiction in tax cases; 2. limitation
l. Tax exemption of revenues and
assets of, including grants, Rate or amount to Amount limited to
endowments, donations, or be collected cost of: (a) issuing
contributions to, educational unlimited provided the license and (b)
institutions. not confiscatory. necessary
inspection or
Any question regarding the police surveillance.
constitutionality of a tax
measure must be resolved in 3. object
favor of its validity.
Imposed on persons Paid for privilege
Any doubt regarding the or property. of doing something
taxability of any person under a but privilege is
valid law must be resolved in revocable.
favor of that person and against
the taxing power. 4. effect of non-payment

Any doubt as to the applicability Business or activity Business becomes


does not become illegal.
of a tax exemption granted to a
illegal.
person must be resolved against
the exemption.

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
6 2005 CENTRALIZED BAR OPERATIONS

DISTINCTIONS

POLICE EMINENT TAXATION POLICE POWER EMINENT DOMAIN


POWER DOMAIN
1. Lawful subject 1. Necessity
1. Regulates Affects only Affects only
both liberty property property 2. Lawful means 2. Private property;
and property rights rights
When exercised by a 3. Taking;
delegate: .
2. Exercised Maybe Exercised 4. Public use;
only by the exercised only by the 3. Express grant by
Government by private Government law 5. Just
entities compensation;
4. Within the
3. Public Necessity of Public territorial limits 6. Due process of
necessity and the public necessity law.
the right of for the use 5. Must not be
the state and of private contrary to law
of the public property
to self-
preservation
and self-
protection.

4. Property Property is Property is


intended for a wholesome wholesome
noxious and is and is
purpose is devoted to devoted to
taken and public use public use or
destroyed. or purpose purpose

5. Compensa Compensati Compensatio


tion is the on is full n is the
intangible, and fair protection
altruistic equivalent and public
feeling that of the improvemen
the individual property ts instituted
has taken by the
contributed to government
the public for the taxes
good paid

6. Contracts Contracts Contracts


may be may be may not be
impaired. impaired. impaired.

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
2 2005 CENTRALIZED BAR OPERATIONS

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
7

M EMORY A ID IN P OLITICAL L AW

Article I : NATIONAL TERRITORY on the other, extending up to 12


nautical miles from the low
I. Territory of the Philippines: water mark.
1. Philippine archipelago, with all the
islands and waters embraced therein; III. Contiguous Zone
Extends up to 12 nautical miles
ARCHIPELAGIC DOCTRINE from the territorial sea.
integration of a group of islands to Although not part of the
the sea and their oneness so that territory, the coastal State may
together they can constitute one unit, exercise jurisdiction to prevent
one country, and one state. An infringement of customs, fiscal,
imaginary single baseline is drawn immigration or sanitary laws.
around the islands by joining
appropriate points of the outermost IV. Two hundred Mile Exclusive
islands of the archipelago with Economic Zone
straight lines and all islands and not a part of the national
waters enclosed within the baseline territory but exclusive economic
form part of the territory. Main benefit is reserved for the
purpose is to protect the territorial country. Thus, the coastal state
interests of an archipelago. (see last has in the exclusive economic
sentence, Art. I). zone:
1. sovereign rights for the purpose
2. all other territories over which the of exploring and exploiting,
Philippines has sovereignty or conserving and managing the
jurisdiction, consisting of its: natural resources, whether living
terrestrial; or non living, if the waters
fluvial; and superjacent to the seabed and
aerial domain; subsoil, and with regard to other
activities for the economic
Kalayaan Isand Group exploitation and exploration of
a. historic right; the zone, such as the
b. effective control and occupation. production of energy from the
(P.D. No. 1596) waters, currents, and winds;
2. jurisdiction with regard to:
3. including its: a. the establishment and use of
sea bed; artificial islands,
subsoil; installations, and structures;
insular shelves; and b. marine scientific research;
other marine areas. c. the protection and
preservation of marine
4. Waters: environment;
around; 3. other rights and duties provided
between; and for in the Convention. (Art. 56 of
connecting the UN Convention on the Law of
- the islands of the archipelago, the Sea)
regardless of
(i) breadth; and V. Territorial Jurisdiction
(ii) dimensions - power of the state over persons
- form part of the internal waters and thing within its territory.
of the Philippines.
Entities exempt from this control are:
II. Territorial Sea 1. Foreign states, head of states,
The belt of the sea located diplomatic representatives, and to
between the coast and internal certain degree, consuls;
waters of the coastal state on 2. Foreign state property, including their
the one hand, and the high seas embassies, consulates and public

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
8 2005 CENTRALIZED BAR OPERATIONS

vessels engaged in non-commercial judgment and not through the


activities; intervening mind of another.
3. Acts of states;
4. Foreign merchant vessels exercising Exceptions (Permissible Delegation):
their rights of innocent passage or (PETAL)
involuntary entry, such as arrival
under distress; 1. Tariff powers of the President [Sec.
5. Foreign armies passing through or 28 (2), Art. VI]
stationed in its territory with its 2. Emergency powers of President [Sec.
permission; and 23 (2), Art. VI]
6. Such other persons and property, over 3. Delegation to the people [Sec. 32,
which the state may, by agreement, Art. VI; Sec. 10, Art. X; Sec. 2, Art.
waive jurisdiction (Nachura, Reviewer XVII; RA 6753].
in Political Law, 1996 ed., p. 18). 4. Delegation to Local Government
units (Art X; RA 7160); and
5. Delegation to administrative bodies
Article II : (power of subordinate legislation).
PRINCIPLES AND STATE POLICIES
Tests for Valid Delegation:
I. SEPARATION OF POWERS Completeness test law must be
complete in all essential terms and
Purpose: to prevent concentration of conditions so that there is nothing
authority in one person or group of for delegate to do except enforce it;
persons that might lead to Sufficient standard test map out the
irreparable error or abuse in exercise boundaries of delegates authority
to the detriment of republican by defining legislative policy and
institutions. (Pangasinan indicating circumstances under
Transportation Co. v. Public Service which it is to be pursued (Pelaez v.
Commission, G.R. No. 47065. June Auditor General, 15 SCRA 569).
26, 1940)
III. STATE PRINCIPLES
Principle of Blending of Powers REGARDING FOREIGN POLICY
instance when powers are not (SEC. 2, ART. II)
confined exclusively within one
department but are assigned to or 1. renounces war as an instrument of
shared by several departments. national policy;
(Nachura, Reviewer in Political Law, 2. incorporation clause adopts the
2000 ed., p. 42). generally accepted principles of
international law as part of the law
Principle of Checks and Balances of the land; and
allows one department to resist 3. adheres to the policy of peace,
encroachments upon its prerogatives equality, justice, freedom,
or to rectify mistakes or excess cooperation, and amity with all
committed by the other nations.
departments.
IV. SUPREMACY OF CIVILIAN
II. DELEGATION OF POWERS AUTHORITY (SEC. 3, ART. II)

General Rule: Potestas delegata non Ensured by:


potest delegare 1. the installation of the President,
- premised on the ethical principle the highest civilian authority as
that delegated power constitutes not the commander-in-chief of the
only a right but a duty to be military [Sec. 18, Art. VII];
performed by the delegate through
the instrumentality of his own
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
9

M EMORY A ID IN P OLITICAL L AW

2. the requirement that the Exceptions:


members of the AFP swear to 1. Churches, personages, etc.,
uphold and defend the actually, directly and exclusively
Constitution, which is the used for religious, charitable and
fundamental law of the civil educational purposes shall be
government; exempt from taxation [Sec. 28
3. the professionalization of the (3), Art. VI];
service and the strengthening of 2. Prohibition against appropriation
the patriotism and nationalism, for sectarian purposes, except
and respect for human rights, of when, priest etc., is assigned to
the military; the armed forces, or to any
4. insulation of the AFP from penal institution or government
partisan politics; orphanage or leprosarium [Sec.
5. prohibition against appointment 29 (2), Art. VI];
to a civil position; 3. Optional religious instruction for
6. compulsory retirement of public elementary and high
officers, so as to avoid school students [Sec. 3 (3), Art.
propagation of power; XIV];and
7. a 3-year limitation on the tour of 4. Filipino ownership requirement
duty of the Chief of Staff, which for educational institutions,
although extendible in case of except those established by
emergency by the President, religious groups and mission
depends on Congressional boards [Sec. 4 (2), Art. XIV].
declaration of emergency;
8. requirement of professional VI. AUTONOMY OF LOCAL
recruitment, so as to avoid any GOVERNMENTS
regional clique from forming (SEC. 25, ART. II; ART. X)
within the AFP [Sec. 5, Art. XVI];
and Decentralization of Administration -
9. the establishment of a police delegation of administrative powers to
force that is not only civilian in local government unit in order to broaden
character but also under the the base of governmental powers.
local executives [Sec. 6, Art.
XVI]. Decentralization of Powers abdication
of political power in the favor of local
V. SEPARATION OF CHURCH AND governments units declared to be
STATE (SEC. 6, ART. II) autonomous. (Limbonas v. Mangelin, 170
SCRA 786)
Reinforced by:
1. Freedom of religion clause;
2. Non-establishment of religion Article III : BILL OF RIGHTS
clause;
3. No religious test clause [Sec. 5, set of prescriptions setting forth
Art. III]; the funda-mental civil and
4. No sectoral representative from political rights of the individual,
religious sector [Sec. 5 (2), Art. and imposing limitations on the
VI]; powers of government as a
5. Prohibition against appropriation means of securing the
for sectarian benefits. [Sec. enjoyment of those rights.
29(2), Art. VI]; and
6. Religious denominations and Classification of Rights:
sects cannot be registered as 1. Political rights granted by law to
political parties [Sec. 2 (5) Art. members of community in relation
IX-C]. to their direct or indirect
participation in the establishment

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
10 2005 CENTRALIZED BAR OPERATIONS

or administration of the Requisites of Criminal due process [Sec.


government; 14 (1), Art. III]:
2. Civil rights rights which municipal a. accused has been heard in a
law will enforce at the instance of court of competent jurisdiction;
private individuals, for the purpose b. accused is proceeded against
of securing them the enjoyment of under the orderly processes of
their means of happiness; law;
3. Social and economic rights; and c. accused is given notice and
4. Human rights. opportunity to be heard; and
d. judgment rendered within
I. DUE PROCESS OF LAW authority of constitutional law
(Mejia v. Pamaran, 160 SCRA
That which hears before it 457).
condemns, which proceeds upon
inquiry and renders judgment Requisites of Administrative Due
only after trial (Darmouth Process:
College v. Woodward, 4 a. right to a hearing, which
Wheaton 518). includes the right to present
ones case and support evidence
Aspects of Due Process: in support thereof;
1. Substantive due process b. tribunal must consider evidence
Requisites: adduced;
a. the Interest of the public in c. decision must have something to
general, as distinguished from support itself;
that of a particular class require d. evidence must be substantial;
the intervention of the state; e. decision must be based on
b. means employed are reasonably evidence adduced, or at least
necessary for accomplishment of contained in the records and
purpose and not unduly disclosed to the parties;
oppressive. f. independent consideration of
evidence, and not rely on the
- Publication of laws is part of recommendation of a
substantive due process (Taada v. subordinate; and
Tuvera, 146 SCRA 446). g. the decision must state the facts
and the law in such a way that
2. Procedural due process the parties can know the issues
Requisites of Civil Procedural due involved and the reasons for the
process: decision (Ang Tibay v. CIR, 69
a. an impartial court or tribunal Phil 635).
clothed with judicial power to
hear and determine matters Requisites of Due Process for Students
before it; before Imposition of Disciplinary
b. jurisdiction properly acquired Sanctions:
over person of defending and a. must be informed in writing of
over property which is subject the nature and cause of the
matter of proceeding; accusation against him;
c. opportunity to be heard; b. right to answer charges against
d. judgment rendered upon lawful him, with the assistance of
hearing and based on evidence counsel, if desired;
adduced (Banco Espaol Filipino c. informed of the evidence against
v. Palanca, G.R. No. L-11390. him;
March 26, 1918.) d. right to adduce evidence in his
behalf;

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
11

M EMORY A ID IN P OLITICAL L AW

e. evidence must be duly Phil 667); Must refer to one


considered by the investigating specific offense (Asian Surety v.
committee or official designated Herrera, 54 SCRA 312);
by the school to hear and decide For a search warrant, such facts
the case.(Ateneo de Manila and circumstances which would
University v.Capulong, 222 SCRA lead a reasonably discreet and
644) prudent man to believe that an
Right to appeal is not natural right offense has been committed and
nor part of due process, instead, that the objects sought in
it is a mere statutory right, but connection with the offense are
once given, denial constitutes in the place sought to be
violation of due process. searched (Burgos v. Chief of
Staff, 133 SCRA 800).
II. EQUAL PROTECTION OF LAW
(SEC. 1, ART. III) 2. Determination of probable cause
personally by the judge;
all persons or things similarly
situated must be similarly treated SEARCH WARRANT OF
both as to rights conferred and WARRANT ARREST
responsibilities imposed.
The judge must It is not necessary
Requisites of Valid Classification: personally examine that the judge should
(SNAG) in the form of personally examine
searching questions the complainant and
and answers, in his witnesses (Soliven
1. Such classification rests upon
writing and under v. Makasiar, 167
substantial distinctions; oath, the complaints SCRA 393); the
2. It is germane to purpose of the law; and any witnesses he judge would simply
3. It is not confined to existing may produce on facts personally review the
conditions; personally known to initial determination
4. It applies equally to all members of them. (Sec. 4, Rule of the prosecutor to
the same class. (People v. Vera, 126, Rules of Court); see if it is supported
G.R. No. 45685. November 16, the determination of by substantial
1937). probable cause evidence; he merely
depends to a large determines the
extent upon the probability, not the
III. SEARCHES AND SEIZURES finding or opinion of certainty of the
(SEC. 2, ART. III) the judge who accused and, in so
conducted the doing, he need not
Scope: a popular right and hence, required examination conduct a de novo
protects all persons, including aliens of the applicant and hearing (Webb v. De
(Qua Chee Gan v. Deportation Board, the witnesses (Kho v. Leon, 247 SCRA 652)
9 SCRA 27) and, to a limited extent, Judge Makalintal
artificial persons. (Bache & Co., Inc. G.R. No. 94902-06,
April 21, 1999)
v. Ruiz, 37 SCRA 825)

Requisites of Valid Warrant:


3. After personally examining under
oath or affirmation of the
1. Probable Cause
complainant and the witness he may
Such facts and circumstances
produce;
antecedent to the issuance of a
warrant that in themselves are
4. On the basis of their personal
sufficient to induce a cautious
knowledge of the facts they are
man to rely on them and act in
testifying to;
pursuance thereof (People v.
Syjuco, 64
5. The warrant must describe
particularly the place to be searched

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
12 2005 CENTRALIZED BAR OPERATIONS

and the things or person to be person to be arrested has


seized. committed it; and
3. when a person to be arrested is an
SEARCH WARRANT OF escapee or detention prisoner. (Sec.
WARRANT ARREST 5, Rule 113, Revised Rules of
Criminal Procedure)
The description of General warrants
property to be seized are proscribed and - An application for or admission to bail
need not be unconstitutional shall not bar the accused from
technically accurate (Nolasco v. Puno, 139
challenging the validity of his arrest,
nor necessarily SCRA 152); However,
precise, and its a John Doe Warrant
provided that he raises them before
nature will (a warrant for the entering his plea. (Sec. 26,
necessarily vary apprehension of a Rule 114, Revised Rules of Criminal
according to whether person whose true Procedure)
the identity of the name is unknown)
property or its satisfies the Warrantless Searches, When Valid:
character is a matter constitutional 1. when right has been voluntarily
of concern; the requirement of waived (People v. Malasugui, 63 Phil
description is particularity if there
221);
required to be is some descrpitio
specific only in so far personae which will
2. as an incident to a lawful arrest,
as the circumstances enable the officer to provided search is contemporaneous
will allow (Kho v. identify the accused to arrest and within permissible area
Judge Makalintal, (Nachura, Reviewer of search (see Sec. 13, Rule 126,
G.R. No. 94902-06, in Political Law, p. Revised Rules on Criminal
April 21, 1999) 73) Procedure);
a valid arrest must precede the
Commissioner of Immigration search; the process cannot be
and Deportation may issue reversed. (People v. Chua Ho
warrant only for purpose of San, 308 SCRA 432).
carrying out a final decision of 3. searches of vessel and aircraft for
deportation (CID v. Judge De la violation of fishery, immigration and
Rosa, 197 SCRA 853) or there is customs laws (Roldan v. Arca, 65
sufficient proof of guilt of an SCRA 336);
alien (Harvey v. Defensor- 4. searches of automobiles at borders
Santiago, G.R. No. 82544, June or constructive borders for violation
28, 1988). of immigration and smuggling laws
(Papa v. Mago, 22 SCRA 857);
Exclusionary Rule Evidence obtained 5. Inspection of buildings and other
in violation of Sec. 2, Art. III, shall be premises for the enforcement of
inadmissible for any purpose in any fire, sanitary and building
proceedings (Fruit of a Poisonous Tree regulations;
Doctrine) (Stonehill v. Diokno, 20 SCRA 6. Visual search at checkpoints
383) (Valmonte vs. de Villa, 178 SCRA
211);
Warrantless Arrest, When Valid 7. Conduct of areal target zoning and
1. when person to be arrested has saturation drive in the exercise of
committed, is actually committing, military powers of the President
or is attempting to commit an (Guazon v. de Villa, 181 SCRA 623);
offense; 8. When there is a genuine reason to
2. when stop-and-frisk in the light of the
a. an offense has just been police officers experience and
committed; and surrounding conditions to warrant a
b. he has probable cause to believe belief that the person detained has
based on personal knowledge of weapons concealed (Malacat v.
facts or circumstances that the Court of Appeals, G.R. No. 123595,
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
13

M EMORY A ID IN P OLITICAL L AW

December 1, 1997 citing Terry vs. that State has right to prevent
Ohio); and (Schenck v. U.S., 249 US 97);
9. Where prohibited articles are in a. clear causal connection with
plain view (Chia v. Actg. Collector of the danger of the substantive
Customs, 177 SCRA 755) evil arising from the utterance
questioned; and
Plain View Doctrine objects within the b. present time element,
sight of an officer who has the right to identified with imminent and
be in a position to have that view are immediate danger; the danger
subject to seizure and may be presented must not only be probable, but
as evidence (open to the eye and hand). very likely inevitable (Gonzales
v. Comelec, 27 SCRA 835).
Elements: 2. Dangerous tendency rule words
a. a prior valid intrusion based on uttered create a dangerous tendency
the valid warrantless arrest in of an evil which the State has a right
which the police are legally to prevent (Cabansag v. Fernandez,
present in the pursuit of their 102 Phil. 502);
official duties;
b. the evidence was inadvertently 3. Balancing of interest rule when
discovered by the police who particular conduct is regulated in
have the right to be where they interest of public order, and the
are; regulation results in an indirect,
c. the evidence must be conditional, partial abridgment of
immediately apparent; speech, the duty of the courts is to
d. plain view justified mere seizure determine which of the 2 conflicting
of evidence without further interests demands the greater
search. (People v. Bolasa, GR protection under the particular
No. 125754, Dec.22, 1999). circumstances presented (American
Communications Association v.
IV. PRIVACY OF COMMUNICATION AND Douds, 339 US 282).
CORRESPONDENCE
(SEC. 3(1), ART. III] Assembly and Petition:
The right to assemble is not
Limitations: subject to prior restraint and
1. by lawful order of the court; may not be conditioned upon the
2. public safety or public order requires prior issuance of a permit or
otherwise, as may be provided by authorization from the
law (Sec. 3, Art. III). government authorities.
However, the right must be
V. FREEDOM OF EXPRESSION exercised in such a way as will
(SEC. 4, ART. III) not prejudice the public welfare
(De la Cruz v. Court of Appeals,
Aspects: G.R. Nos. 126183 &129221,
1. freedom from censorship or prior March 25, 1999).
restraint;
2. freedom from subsequent If assembly is to be held at a
punishment. public place, permit for the use
of such place, and not for the
Tests for Valid Government assembly itself may be validly
Interference to Freedom of Expression: required. Power of local
officials is merely for regulation
1. Clear and present danger rule and not for prohibition.
when words are used in such (Primicias v. Fugoso, 80 Phil 71)
circumstance and of such nature as Permit for public assembly is not
to create a clear and present danger necessary if meeting is to be
that will bring about substantive evil held in:

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
14 2005 CENTRALIZED BAR OPERATIONS

a. a private place;
b. the campus of a government- VIII. RIGHT TO INFORMATION
owned or operated (SEC. 7, ART. III)
educational institution; or
c. a freedom park. [B.P. Blg. Rights guaranteed:
880 (The Public Assembly 1. Right to information to matters of
Act of 1985)]. public concern; and
2. Corollary right of access to official
VI. FREEDOM OF RELIGION records and documents.
(SEC. 5, ART. III) These are political rights that
are available to citizens only.
1. Non-establishment clause (Bernas, Philippine Constitution,
Scope: p. 85)
a. State cannot set-up church;
b. Cannot pass laws which aid one IX. RIGHT TO FORM ASSOCIATIONS
religion, all religions or prefer (SEC. 8, ART. III
one over another;
c. Nor influence a person to go to Right to form association shall
or remain away from church not be impaired without due
against his will; nor process of law;
d. Force him to profess a belief or
disbelief in any religion (Martin, Also guarantees the right not to
Reviewer in Political Law, p. join an association.
39)
X. NON-IMPAIRMENT OF
2. Freedom of religious belief and CONTRACTS (SEC. 10, ART. III)
worship
Impairment anything that diminishes
Dual aspect of freedom of religious the efficacy of contract
belief and worship:
Limitations:
a. Freedom to believe absolute; 1. police power prevails over
and contracts.
b. Freedom to act on ones belief 2. eminent domain may impair
subject to regulation. obligations of contracts.
3. taxation cannot impair obligation
VII. LIBERTY OF ABODE of contracts.
(SEC. 6, ART. III)
XI. RIGHTS OF AN ACCUSED UNDER
Limitations: CUSTODIAL INVESTIGATION
1. Liberty of abode - lawful order of (SEC. 12, ART. III
the court
2. Right to travel 1. right to be informed of his right
a. In the interest of national to remain silent and to counsel;
security, public safety, public Rationale:
health, as may be provided by a. to make him aware of it;
law; b. to overcome the inherent
b. any person on bail (Silverio vs. pressure of the
CA, G.R. No. 94284. April 8, interrogating atmosphere;
1991.) and
c. to show the individual
that his interrogators are
prepared to recognize his
privilege should he choose
to invoke it.
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
15

M EMORY A ID IN P OLITICAL L AW

Carries the correlative a. to inform him that if he


obligation on the part of the does not have counsel or
investigator to explain, and cannot afford one, he
contemplates effective does not have to defend
communication which results in himself alone;
the subject understanding what is b. to inform him that his
conveyed (People v. Agustin, 240 poverty is no reason why
SCRA 541). he should lose his right to
counsel.
2. right to be reminded that if he
waives his right to remain silent, While the choice of the
anything he says can and will be lawyer is naturally lodged in the
used against him; police investigators, the suspect
- Rationale: has the final choice as he may
a. to warn him of the reject the counsel chosen for him
consequences of waiving and ask for another one (People v.
his right to remain silent; Jerez, G.R. No. 114385, January
and 19, 1998).
b. to make him aware that
this is an adversary 6. no force, etc. which vitiates free
system, and the police are will shall be used;
not acting in his interest.
7. secret detention places, etc., are
3. right to remain silent; prohibited;

4. right to have competent and 8. confessions/admissions obtained


independent counsel preferably of in violation of these rights are
his own choice; inadmissible as evidence.
- Rationale: What is sought to be avoided
a. to mitigate the dangers by the rule is the evil of
of untrustworthiness in extorting from the very mouth
his testimony, since the of the person undergoing
inherent pressure interrogation for the
initially overcome by the commission of an offense the
right to remain silent very evidence with which to
may again run unless prosecute and thereafter to
coupled with the right to convict him (People v. Bonola,
counsel; G.R. No. 116394, June 19,
b. to lessen the possibility 1997).
of coercion by the
police. When available
preferably of his own choice the rights under Sec.12, Art. III are
does not mean that the available when the investigation is
choice of a lawyer is no longer a general inquiry unto an
exclusive as to preclude unsolved crime but has begun to
other equally competent focus on a particular suspect, the
and independent suspect has been taken into police
attorneys from handling custody, the police carry out a
the defense (People v. process of interrogation that lends
Barasina, 229 SCRA 450). itself to eliciting incriminating
statements (People v. Mara, 55 SCAD
5. right to be provided with counsel, 418).
if the person cannot afford the
services of former; Sec. 2 of RA No. 7438 provides that
Rationale: custodial investigation shall include
the practice of issuing an invitation

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
16 2005 CENTRALIZED BAR OPERATIONS

to a person who is under XII. RIGHT TO BAIL


investigation in connection with an (SEC. 13, ART. III)
offense he is suspected to have
committed. BAIL
- security given for the release of a
What rights may be waived: person in custody of law, furnished by
1. the right to remain silent; him or a bondsman, to guarantee his
2. the right to counsel. appearance before any court as
Waiver must be in writing and in the required under conditions specified
presence of counsel. under the rules of court. (see Sec. 1,
Rule 114, Revised Rules of Criminal
What rights cannot be waived: Procedure).
1. the right to be informed of his right
to remain silent and to counsel; - The right to bail may be invoked
2. the right to counsel when making the once detention commences even if
waiver of the right to remain silent no formal charges have yet to be
or to counsel. filed (Teehankee v. Rovira, 75 Phil.
634).
Rights of Person Suspected and
Subsequently Charged: - Suspension of the writ of habeas
corpus does not suspend right to bail
1. Before case is filed in [Sec.13, Art.III].
court/prosecutor for preliminary
investigation but after being put into - Even when the accused has
custody to or otherwise deprived of previously jumped bail, still he
liberty, and on being interrogated by cannot be denied bail before
police: conviction if it is a matter of right.
a. to remain silent; The remedy is to increase the
b. to be informed thereof; amount of bail. (Sy Guan v. Amparo,
c. not to be subjected to force, G.R. No. L-1771. December 4,
violence, threat, or intimidation 1947);
which vitiates free will;
d. to have evidence obtained in BAIL, A MATTER OF RIGHT
violation of these rights (RULE 114, SEC. 4)
inadmissible as evidence. All persons in custody shall be
admitted to bail as a matter of right,
2. After the case is filed in court: with sufficient sureties, or be released
a. to refuse to be witness against on recognizance as prescribed by law
himself; or this rule:
b. not to have prejudice imputed (a.) Before or after conviction by
the MTC, and
on him as a result of such
(b.) Before conviction of the RTC
refusal;
of an offense not punishable
c. to testify on his behalf; by death, reclusion perpetua
d. to cross-examination; or life imprisonment.
e. while testifying, to refuse
questions which tend to
incriminate him for some crime
other than present charge.

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
17

M EMORY A ID IN P OLITICAL L AW

9. whether he was a fugitive from


BAIL, WHEN DISCRETIONARY justice when arrested ; and
(RULE 114, SEC. 5) 10. pendency of other cases where he is
on bail.
Upon conviction by the RTC of an offense not
punishable by death, reclusion perpetua, or Excessive bail shall not be required.
life imprisonment, the court, on application, (Sec. 9, Rule 114, Revised Rules of
may admit the accused to bail. Criminal Procedure)
The court, in its discretion, may allow
the accused to continue on provisional liberty WHEN BAIL SHALL BE DENIED
after the same bail bond during the period to (RULE 114, SEC. 7)
appeal subject to the consent of the
bondsman. No person, regardless of the stage of the
If the court imposed a penalty of criminal prosecution, shall be admitted to
imprisonment exceeding 6 years but not more bail if:
than 20 years, the accused shall be denied (a.) charged with a capital offense, or
bail, or his bail previously granted shall be an offense punishable by reclusion
cancelled, upon showing by the prosecution, perpetua or life imprisonment; AND
with notice to the accused, of the following
(b.) evidence of guilt is strong.
or other similar circumstances:
(a) that the accused is a recidivist, quasi-
recidivist, or habitual delinquent, or has When the accused is charged with an
committed the crime aggravated by the offense punishable by reclusion
circumstance of reiteracion; perpetua or higher, a hearing on the
(b) that the accused is found to have motion for bail must be conducted
previously escaped from legal by the judge to determine whether
confinement, evaded sentence, or has or not the evidence of guilt is strong
violated the conditions of his bail (Baylon v. Judge Sison, 243 SCRA
without valid justification;
284).
(c) that the accused committed the offense
while on probation, parole, or under
conditional pardon; Without a hearing, the judge could
(d) that the circumstances of the accused not possibly assess the weight of the
or his case indicate the probability of evidence against the accused before
flight if released on bail; or granting the latters application for
(e) that there is undue risk that during the bail (Buzon v. Judge Velasco, 253
pendency of the appeal, the accused SCRA 601).
may commit another crime.

Hearing: whether bail is a matter of XIII. RIGHTS OF THE ACCUSED


right or of discretion, reasonable notice (SEC. 14, ART. III)
of hearing is required to be given the
prosecutor, or at least he must be asked 1. Criminal Due Process:
for his recommendation, because in a. accused to be heard in court of
fixing the amount of bail, the judge is competent jurisdiction;
required to take into account a number b. accused proceeded against under
of factors (Cortes v. Judge Catral, A.M. orderly processes of law;
No. RTJ-97-1387, September 10, 1997). c. accused given notice and
opportunity to be heard;
Standards for fixing amount of bail: d. judgment rendered was within
1. financial ability of accused; the authority of constitutional
2. nature and circumstances of offense; law.
3. penalty for offense;
4. character and reputation of accused; 2. Presumption of Innocence
5. age and health of accused;
6. weight of evidence against him; - Every circumstance favoring the
7. probability of his appearance at innocence of the accused must be
trial; taken into account;
8. forfeiture of other bail;

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
18 2005 CENTRALIZED BAR OPERATIONS

- The proof against him must Impartial accused entitled to cold


survive the test of reason; the neutrality of an impartial
strongest suspicion must not be judge.
permitted to sway judgment. Public to prevent possible abuses
(People v. Austria, 195 SCRA which may be committed
700) against the accused.

Equipoise or Equiponderance of 6. Right to meet witness face to face


Evidence evidence of both sides are
equally balanced. Witnesses not submitted for
cross-examination not admissible
Effect in criminal prosecution: as evidence;
acquittal of accused because it is Right to cross-examination may
insufficient to overcome presumption of be waived.
innocence.
7. Right to compulsory process to
3. Right to be heard by himself and secure attendance of witnesses
counsel and production of evidence;
The accused is amply accorded
legal assistance extended by a 8. Trial in absentia
counsel who commits himself to after arraignment;
the cause of the defense and due notice;
acts accordingly; an efficient absence is unjustified.
and truly decisive legal
assistance, and not simply a XIV. HABEAS CORPUS
perfunctory representation (SEC. 15, ART. III)
(People v. Bermas, G.R. No.
120420, April 21, 1999). WRIT OF HABEAS CORPUS
Right to counsel during the trial writ issued by court directed to
is not subject to waiver (Flores person detaining another,
v. Ruiz, 90 SCRA 428). commanding him to produce the
body of the prisoner at designated
4. Right to be informed of nature and time and place, with the day and
cause of accusation against him; cause of his capture and detention,
Description not designation of to do, to submit to, and to receive
the offense is controlling. whatever court or judge awarding
writ shall consider in his behalf.
Void-for-vagueness rule accused is (Nachura, Reviewer in Political Law,
denied the right to be informed of the p. 135).
charge against him, and to due process
as well, where the statute itself is Habeas corpus lies only where the
couched in such indefinite language that restraint of a persons liberty has
it is not possible for men of ordinary been judicially adjudged to be illegal
intelligence to determine therefrom or unlawful (In Re: Petition for
what acts or omissions are punished and, Habeas Corpus of Wilfredo S.
hence shall be avoided (Nachura, Sumulong-Torres, 251 SCRA 709).
Reviewer in Political Law, p. 131).

5. Right to speedy, impartial and XV.RIGHT TO SPEEDY DETERMINATION


public trial; OF CASES
Speedy free from vexatious, (SEC. 16, ART. III)
capricious and oppressive
delays; all persons shall have the right to
speedy disposition of cases before

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
19

M EMORY A ID IN P OLITICAL L AW

judicial, quasi-judicial and General Rule: No involuntary Servitude


administrative bodies. shall exist.

XVI. SELF-INCRIMINATION Except:


(SEC. 17, ART. III) 1. as punishment for a crime whereof
one has been duly convicted [ Sec.
Availability: not only in criminal 18(2), Art. III];
proceedings, but also in all other 2. service in defense of the state [Sec
government proceedings, including 4, Art. II];
civil actions and administrative or 3. naval enlistment (Robertson v.
legislative investigations. May be Baldwin, 165 US 275);
claimed not only by accused but by 4. posse comitatus (US v. Pompeya, 31
witness to whom an incriminating Phil. 245)
question is addressed. 5. return to work order in industries
affected with public interest
Scope: applies only to testimonial (Kaisahan ng Mangagawa sa Kahoy v.
compulsion and production of Gotamco Sawmills, G.R. No. L-1573.
documents, papers and chattels in March 29, 1948); and
court except when books of account 6. patria potestas [Art. 211, par.(2),
are to be examined in exercise of FC]
power of taxation and police power.
XIX. PROHIBITED PUNISHMENTS
Transactional Immunity Statute (SEC. 19, ART. III)
testimony of any person or whose
possession of documents or other Prohibited punishment - mere severity
evidence necessary or convenient to does not constitute cruel or unusual
determine the truth in any punishment. To violate constitutional
investigation conducted is immune guarantee, penalty must be flagrant
from criminal prosecution for an and plainly oppressive,
offense to which such compelled disproportionate to nature of offense as
testimony relates [Sec. 18 (8), Art. to shock senses of community.
XIII].
XX. NON-IMPRISONMENT FOR DEBTS
Use and Fruit Immunity Statute (SEC. 20, ART. III)
prohibits the use of a witness
compelled testimony and its fruits in - No person shall be imprisoned for
any manner in connection with the debt or non-payment of poll tax.
criminal prosecution of the witness
(Galman v. Pamaran, 138 SCRA 274). Coverage:
1. Debt any civil obligation arising
XVII. NON-DETENTION BY REASON OF from a contract.
POLITICAL BELIEFS OR ASPIRATION 2. Poll Tax a specific sum levied upon
[SEC. 18 (1), ART. III] any person belonging to a certain
class without regard to property or
No person shall be detained by occupation (e.g. Community Tax )
reason of his political beliefs or A Tax is not a debt since it is an
aspirations obligation arising from law hence its
non-payment maybe validly punished
XVIII. INVOLUNTARY SERVITUDE [SEC. with imprisonment.
18 (2), ART. III]
Condition where one is compelled XXI. DOUBLE JEOPARDY
by force, coercion, or (SEC. 21, ART. III)
imprisonment, and against his will,
to labor for another, whether he is Requisites:
paid or not. 1. valid complaint or information;
2. filed before competent court;
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
20 2005 CENTRALIZED BAR OPERATIONS

3. to which defendant has pleaded; 1. graver offense developed due to


and supervening facts arising from the
4. defendant was previously acquitted same act or omission;
or convicted or the case dismissed 2. facts constituting graver offense
or otherwise terminated without his arose or discovered only after filing
express consent (People v. Ylagan, of former complaint or information;
58 Phil 851) and
3. plea of guilty to lesser offense was
Two types: made without the consent of
1. No person shall be twice put in prosecutor or offended party (People
jeopardy of punishment for the same v. Judge Villarama, 210 SCRA 246).
offense;
2. If an act is punishable by a law and Reopening of Kuratong Baleleng Cases:
an ordinance, conviction or acquittal The new rule (Rule117, Sec 8) has fixed
under either shall constitute a bar to a time-bar of one year or two years for
another prosecution for the same the revival of criminal cases provisionally
act. dismissed with the express consent of
the accused and with a priori notice to
Dismissal of action, when made at the offended party.
instance of the accused, does not
put accused in first jeopardy, The time-bar cannot be applied
except: retroactively in 1999 when the cases
a. when ground for dismissal is were dismissed for to so, the state
insufficiency of evidence; or shall effectively have less than two
b. when the proceedings have been years to reopen the case because the
unreasonably prolonged as to rule only took effect in December
violate the right of the accused 2000. This would prevent absurd
to a speedy trial. results and injustice to the Sate.
(People, et al. vs. Panfilo Lacson,
Crimes covered: G.R. No. 149453, April 1, 2003)
1. same offense; or attempt to commit
or frustration thereof or for any XXII. EX POST FACTO LAW AND BILL OF
offense which necessarily includes or ATTAINDER
is necessarily included in the offense (SEC. 22 ART. III)
charged in original complaint or
information; and EX POST FACTO LAW
2. when an act is punished by a law and Kinds:
an ordinance, conviction or acquittal 1. law making an act criminal which
under either shall bar another was not before its passage;
prosecution for the same act. 2. law aggravating penalty for crime
committed before passage;
Doctrine of Supervening Event 3. law inflicting greater or more severe
prosecution for another offense penalty;
if subsequent development 4. law altering legal rules of evidence
changes character of the first and receive less or different
indictment under which he may testimony than law required at time
have already been charged or of commission, in order to convict
convicted. accused;
5. law assuming to regulate civil rights
Conviction of accused shall NOT bar and remedies only, in effect imposes
another prosecution for an offense a penalty
which necessarily includes the offense 6. of deprivation of right for something
originally charged when: which when done was lawful;
7. law depriving accused of some lawful
protection to which he had been
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
21

M EMORY A ID IN P OLITICAL L AW

entitled, such a protection of a 4. Those naturalized in accordance


former conviction or acquittal, or a with law.
proclamation of amnesty. Caram Rule under the 1935
Constitution, those born in the
Characteristics: Philippines of foreign parent, who
1. refers to criminal matters; before the adoption of the
2. retroactive; and Constitution had been elected to
3. prejudice the accused. public office in the Philippines, are
considered Filipino citizens.
BILL OF ATTAINDER - legislative act that
inflicts punishment without trial; FPJ Disqualification Case: The 1935
legislative declaration of guilt. Constitution, during which regime
respondent FPJ has seen first light,
confers citizenship to all persons
Article IV : CITIZENSHIP whose fathers are Filipino citizens
regardless of whether such children
are legitimate or illegitimate
I. CITIZENSHIP (Tecson vs. Comelec, G.R. No.
- membership in a political 161434. March 3, 2004)
community which is personal and more
or less permanent in character. Natural Born Citizens (Sec. 2, Art. IV)
1. Citizens of the Philippines from birth
Modes of acquiring citizenship: without having to perform any act to
1. By birth acquire or perfect their Philippine
a. jus sanguinis; and citizenship;
b. jus soli; 2. Those born before January 17, 1973
2. By naturalization; of Filipino mothers, who elect
3. By marriage Philippine citizenship upon reaching
the age of majority
Citizens of the Philippines (Sec. 1, Art.
IV): Who Must Be Natural Born Citizens
1. Those who are Filipino citizens at a.President [Sec.2, Art. VII];
time of adoption of the 1987 b. Vice President [Sec.3, Art. VII];
Constitution; c. Members of Congress [Sec.3 & 6,
a. Those who are citizens under the Art. VI];
Treaty of Paris; d. Justices of the Supreme Court
b. Those declared citizens by and lower collegiate courts [Sec.
judicial declaration applying the 7(1), Art. VIII];
jus soli principle, before Tio e. Ombudsman and his deputies
Tiam v. Republic (25 April 1957, [Sec.8, Art.XI];
G.R. No. L-9602); f. Constitutional Commissions
c. Those who are naturalized in [Secs.1(1) of Arts. IX-B, IX-C, and
accordance with law (Act 2927); IX-D];
d. Those who are citizens under the g. Members of the governing board of
1935 Constitution; the Central Monetary Authority
e. Those who are citizens under the [Sec.20, Art. XII];
1973 Constitution. h. Chairman and members of the
2. Those whose fathers or mothers are Commission of Human Rights
citizens of the Philippines; [Sec.17(2), Art.XIII].
3. Those born before January 17, 1973,
of Filipino mothers, who elect II. NATURALIZATION
Philippines citizenship upon reaching
the age of majority; Qualifications for Naturalization:
Time to elect: 3 years after age 1. not less than 18 years of age on date
of majority of hearing of petition (as amended
by RA 6809);

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
22 2005 CENTRALIZED BAR OPERATIONS

2. resided in the Philippines for not less


than 10 years; may be reduced to 5 Disqualification for Naturalization:
years, if: a. opposed to organized
a.honorably held office in the government or affiliated
Philippines; with any association or group
b. established new industry or of persons who uphold and
introduced a useful invention; teach doctrines opposing all
c. married to a Filipino woman; organized governments;
d. engaged as teacher in b. defending or teaching
Philippine public or private necessity or propriety of
school not established for violence, personal assault or
exclusive instruction to assassination for the success
particular nationality or race, or or predominance of their
in any of branches of education ideas;
or industry for a period of not c. polygamists or believers in
less than 2 years; and polygamy;
e. born in the Philippines; d. suffering from mental
3. character: alienation or incurable
a. good moral character; contagious disease;
b. believes in the Constitution; e. convicted of crime involving
c. conducted himself in an moral turpitude;
irreproachable conduct during his f. who during residence in the
stay in the Philippines; Philippines have not mingled
4. Own real estate in the Philippines socially with Filipinos, or not
not less than P5,000 in value; or evinced sincere desire to
have some lucrative trade, learn and embrace customs,
profession or lawful occupation that traditions and ideals of
can support himself and his family; Filipinos;
5. Speak and write English or Filipino g. citizens or subjects of
and any principal Philippine dialects; nations with whom the
(as amended by Sec. 6 Art. XIV); and Philippines is at war, during
6. Enrolled minor children in any public the period of such war;
or private school recognized by h. citizens or subjects of
government where Philippine foreign country whose laws
history, government and civics are do not grant Filipinos right
taught as part of curriculum, during to become naturalized
the entire period of residence prior citizens or subjects thereof
to hearing of petition. (no reciprocity).

Declaration of Intention must be filed Effects of Naturalization :


with the Office of the Solicitor General 1. ON THE WIFE
one year before filing of application for vests citizenship on wife who
naturalization. might herself be lawfully
naturalized; She need not prove
Exception: her qualifications but only that
a. Those born in the Philippines and she is not disqualified. (Moy Ya
received primary and secondary Lim Yao v. Comm. of
education in a Philippine school; Immigration, 41 SCRA 292).
b. Those who have resided in the
Philippines for thirty years; 2. ON THE MINOR CHILDREN
c. The widow or children of the (i) If born in the Philippines
applicant who died before his automatically becomes a citizen;
application was granted. If born abroad

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
23

M EMORY A ID IN P OLITICAL L AW

If born before the naturalization


of Doctrine of Indelible Allegiance an
the father individual may be compelled to
(ia) residing in RP at the retain his original nationality
time of naturalization notwithstanding that he has already
automatically becomes renounced or forfeited it under the
citizen; laws of the second state whose
(ib) if not residing in RP at nationality he has acquired.
the time of
naturalization III. LOSS OF PHILIPPINE CITIZENSHIP:
considered citizen only (CA 63) (C2 RAND)
during minority, unless
begins to reside 1. Naturalization in a foreign country;
permanently in the 2. Express renunciation of citizenship
Philippines; (expatriation);
(ii) If born born outside the The mere application or
Philippines after parents possession of an alien certificate
naturalization considered of registration does not amount
Filipino, provided to renunciation (Mercado vs.
registered as such before Manzano, G.R. No. 135083, May
any Philippines consulate 26, 1999)
within 1 year after attaining 3. Subscribing to an oath of allegiance
majority age and takes oath to constitution or laws of foreign
of allegiance. upon attaining of 21 years of age;
Citizens may not divest
Grounds for Denaturalization: citizenship when Philippines is at
a) naturalization certificate war.
obtained fraudulently or 4. Rendering service to or accepting
illegally; commission in the armed forces of a
b) if, within 5 years, he returns to foreign country;
his native country or to some 5. Cancellation of certificate of
foreign country and establishes naturalization;
residence therein; 6. Having been declared by final
c) naturalization obtained through judgment a deserter of Philippines
invalid declaration of intention; Armed Forces in times of war.
d) minor children failed to graduate
through the fault of the parents General Rule: Res judicata does not
either by neglecting support or set in citizenship cases.
by transferring them to another
school; and Exception:
e) allowing himself to be used as 1. persons citizenship is
dummy. resolved by court or an
administrative body as a
Effects of Denaturalization: material issue in the
a) If ground affects intrinsic controversy, after a full-
validity of proceedings, blown hearing;
denaturalization shall divest 2. with the active participation
wife and children of their of the Solicitor General or
derivative naturalization; his representative; and
and 3. finding of his citizenship is
b) If the ground is personal, the affirmed by the Supreme
wife and children shall retain Court.
citizenship.

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
24 2005 CENTRALIZED BAR OPERATIONS

RA 9225 also known as the "Citizenship


IV. REACQUISITION OF Retention and Re-acquisition Act of
CITIZENSHIP 2003," approved on August 29, 2003
provides that, upon taking the oath of
1. By naturalization; allegiance to the Republic:
2. By repatriation; a. Natural born citizens of the
RA 8171 is an act providing for Philippines who have lost their
the repatriation of: Philippine citizenship by reason
a. Filipino women who have of their naturalization as citizens
lost their Philippine of a foreign country are deemed
citizenship by marriage to to have re-acquired Philippine
aliens and; citizenship; and
b. natural-born Filipinos who b. Natural born citizens of the
have lost their Philippine Philippines who, after the
citizenship on account or effectivity of the said RA
political or economic become citizens of a foreign
necessity. country shall retain their
The applicant should not be a: Philippine citizenship.
a. Person opposed to organized
government or affiliated Derivative Citizenship - The unmarried
with any association or group child, whether legitimate,
of persons who uphold and illegitimate or adopted, below
teach doctrines opposing eighteen (18) years of age, of those
organized government; who re-acquire Philippine citizenship
b. Person defending or teaching upon effectivity of the said RA shall
the necessity or propriety of be deemed citizens of the
violence, personal assault, or Philippines.
association for the
predominance of their ideas; V. DUAL ALLEGIANCE
c. Person convicted of crimes (Sec. 5, Art. IV)
involving moral turpitude: or
d. Person suffering from mental DUAL DUAL
alienation or incurable CITIZENSHIP ALLEGIANCE
contagious diseases.
1. Arises when, as a 1. Refers to the
Repatriation shall be effected by result of situation where a
taking the necessary oath of concurrent person
application of the simultaneously
allegiance to the Republic of the
different laws of owes, by some
Philippines and registration in two or more positive act,
the proper civil registry and in states, a person is loyalty to two or
the Bureau of Immigration. The simultaneously more states.
Bureau of Immigration shall considered a
thereupon cancel the pertinent national by said
alien certificate of registration states.
and issue the certificate of
identification as Filipino citizen 2. Involuntary 2. Result of an
to the repatriated citizen. individuals
volition and is
prohibited by the
Allows the person to recover or Constitution
return to his original status
before he lost his Philippine
citizenship (Bengzon III v. HRET,
G.R. No. 142840, May 7, 2001)
3. By direct act of Congress.
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
25

M EMORY A ID IN P OLITICAL L AW

otherwise disqualified by law, at


least eighteen (18) years of age on
Article V : SUFFRAGE the day of elections, may vote for
president, vice-president, senators
I. SUFFRAGE and party-list representatives.
- right to vote in elections. 3. Disqualifications
Who may exercise (Sec. 1, Art. V) a. Those who have lost their
1. all citizens of the Philippines, not Filipino citizenship in accordance
otherwise disqualified by law; with Philippine laws;
2. at least 18 years of age b. Those who have expressly
3. resided in the Philippines for at least renounced their Philippine
one year; and citizenship and who have
4. resided in the place they propose to pledged allegiance to a foreign
vote for at least 6 months country;
immediately preceding the election. c. Those who have committed and
are convicted in a final judgment
II. RESIDENCE by a court or tribunal of an
- has dual meaning (Sec.1, Art. V): offense punishable by
First as a requirement of residence imprisonment of not less than
in the Philippines: synonymous with one (1) year, including those
domicile who have committed and been
imports both intention to reside found guilty of Disloyalty as
and personal presence coupled defined under Article 137 of the
with conduct indicative of such Revised Penal Code, such
intention. disability not having been
Second requirement of residence removed by plenary pardon or
in the place where one intends to amnesty; Provided, however,
vote: That any person disqualified to
can mean domicile or temporary vote under this subsection shall
residence automatically acquire the right
to vote upon expiration of five
Requisites of Acquisition of Domicile by (5) years after service of
Choice: sentence; Provided, further,
1. residence or bodily presence in the That the Commission may take
new locality; cognizance of final judgments
2. an intention to remain there; and issued by foreign courts or
3. an intention to abandon the old tribunals only on the basis of
residence. (Gallego v. Verra, 73 Phil. reciprocity and subject to the
453) formalities and processes
prescribed by the Rules of Court
III. THE OVERSEAS ABSENTEE VOTING on execution of judgments;
ACT OF 2003 (R.A. 9189) d. An immigrant or a permanent
resident who is recognized as
1. Definition of Terms such in the host country, unless
Absentee Voting - the process by he/she executes, upon
which qualified citizens of the registration, an affidavit
Philippines abroad exercise their prepared for the purpose by the
right to vote; Commission declaring that
Overseas Absentee Voter - a citizen he/she shall resume actual
of the Philippines who is physical permanent residence in
qualified to register and vote the Philippines not later than
under this Act, not otherwise three (3) years from approval of
disqualified by law, who is his/her registration under this
abroad on the day of elections. Act. Such affidavit shall also
2. Coverage all citizens of the state that he/she has not
Philippines abroad, who are not applied for citizenship in another

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
26 2005 CENTRALIZED BAR OPERATIONS

country. Failure to return shall


be the cause for the removal of
the name of the immigrant or Initiative power of the people to
permanent resident from the propose amendments to the
National Registry of Absentee Constitution or to propose and
Voters and his/her permanent enact legislation through an
disqualification to vote in election called for the purpose.
absentia.
e. Any citizen of the Philippines Classes of initiative:
abroad previously declared 1. Initiative on the Constitution
insane or incompetent by petition proposing amendments
competent authority in the to the Constitution;
Philippines or abroad, as verified 2. Initiative on Statutes petition
by the Philippine embassies, proposing to enact a national
consulates or foreign service legislation;
establishments concerned, 3. Initiative on Local Legislation
unless such competent authority petition proposing to enact a
subsequently certifies that such regional, provincial, city,
person is no longer insane or municipality or barangay law,
incompetent. resolution or ordinance.

Limitations:
Article VI : LEGISLATIVE 1. power of local initiative shall not be
DEPARTMENT exercised more than once a year;
2. initiatives shall extend only to
I. LEGISLATIVE POWER subjects or matters which are within
1. power to propose, enact, amend and the legal powers of the local
repeal laws. legislative bodies to enact;
2. Vested in Congress, except to the 3. if at anytime before the initiative is
extent reserved to the people by held, the local legislative body shall
provision on initiative and adopt in toto the proposition
referendum. presented, the initiative shall be
cancelled.
The Peoples Participation in the
Government Consist of: Limitation on Local Legislative Body
vis-a-vis Local Initiative:
1. Suffrage - Any proposition or ordinance
approved through an initiative and
2. Plebiscite referendum shall not be repealed,
a. Ratifying the Constitution modified or amended by the sanggunian
[Sec.27, Art. XVIII]; within 6 months from the date of
b. Approving any amendment approval thereof, and may be amended ,
thereto [Sec.4, Art.XVII]; modified or repealed within 3 years
c. Approving any changes in thereafter by a vote of of all its
boundaries of LGUs, members. In case of barangays, the
mergers, divisions, or period shall be 18 months after
abolitions of LGUs [Sec.10, approval. (Sec. 125, RA 7160)
Art.X];
d. Creating metropolitan Indirect Initiative exercise of initiative
authorities [Sec.11, Art.X]; by the people through a proposition sent
e. Creating autonomous regions to Congress or the local legislative body
[Sec.18, Art.X]. for action.

3. Referendum and Initiative

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
27

M EMORY A ID IN P OLITICAL L AW

Referendum power of the electorate constituents of garnering at least


to approve or reject legislation through such district 3% of all the votes
an election called for that purpose. cast for the party-
list system
entitled to 1 seat,
which is increased
Classes of Referendum: according to
1. Referendum on Statutes proportional
petition to approve or reject an representation,
act or law, or part thereof, but is in no way to
passed by Congress; exceed 3 seats per
2. Referendum on Local Laws organization
legal process whereby the
registered voters of the local
government units may approve,
2. Must be a
amend or reject any ordinance resident of his 2. No special
enacted by the sanggunian. (Sec. legislative district residency
126, RA 7160 or the LGC of 1991) for at least 1 year requirement
immediately
II. COMPOSITION before the
election
Senate 24, elected at large by the
qualified voters of the 3. Elected 3. Voted upon by
Philippines; personally, i.e. party or
by name. organization. It is
House of Representatives not more
only when a party
than 250 members consisting of: is entitled to
a. District Representatives representation
elected from legislative that it designates
districts apportioned among who will sit as
the provinces, cities and the representative.
Metropolitan Manila area;
b. Party-list Representatives 4. Does not lose 4. If he/she changes
shall constitute 20% of the seat if he/she party or
changes party or affiliation, loses
total number of
affiliation. his seat, in which
representatives, elected case he/she will
through a party-list system be substituted by
of registered national, another qualified
regional and sectoral parties person in the
or organizations. party /
organization based
The Party-list organization on the list
must represent the submitted to the
COMELEC
marginalized and
underprivileged and the
5. In case of 5. In case of
nominees themselves must vacancy, a vacancy, a
comply with this qualitative special election substitution will
requirement (Ang Bagong may be held be made within
Bayani, et al. vs. Comelec provided that the the party, based
G.R. No. 147589, June 26, vacancy takes on the list
2001) place at least 1 submitted to the
year before the COMELEC.
next election.
DISTRICT PARTY-LIST
REPRESENTATIVE REPRESENTATIVE
6. A district 6. A party-list repre-
representative is sentative cannot
1. Elected according 1. Elected nationally, not prevented sit if he ran and
to legislative with party-list from running lost in the previous
district by the organizations again as a district election.

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
28 2005 CENTRALIZED BAR OPERATIONS

representative if b. at least (1) year before the


he/she lost next regular election for
during the Members of Congress.
previous election. The particular House of Congress
where vacancy occurs must pass
7. A change in 7. A change in
affiliation within affiliation within
either a resolution if Congress is
6 months prior to 6 months prior to in session or the Senate
election does not election prohibits President or the Speaker must
prevent a district the party-list sign a certification, if Congress is
representative representative not in session,
from running from sitting as a. declaring the existence of
under his new representative the vacancy;
party. under his new b. calling for a special election
party or
to be held within 45 to 90
organization.
days from the date of the
resolution or certification.
III. APPORTIONMENT OF LEGISLATIVE
the Senator or representative
DISTRICT
elected shall serve only for the
[Sec. 5 (3) and (4), Art. VI]
unexpired term.
1. Maintain proportional
V. SESSIONS
representation based on number
[SEC. 14, ART. VI]
of inhabitants;
Each city with not less than 1. Regular convene once every year.
250 thousand inhabitants,
The fourth Monday of July until 30
entitled to at least one (1)
days before the start of new regular
representative;
session;
Each province, irrespective 2. Special
of the number of a. called by the President [Sec. 15,
inhabitants, entitled to at Art VII];
least one (1) representative. b. to call a special election due to
2. Each district must be contiguous, a vacancy in the offices of the
compact and adjacent. President and Vice President at
Gerrymandering is not allowed; 10 oclock a.m. on the third day
Gerrymandering formation after the vacancies [Sec. 10, Art.
of one legislative district out VII];
of separate territories for c. to decide on the disability of the
the purpose of favoring a President because the majority
candidate or a party (Bernas, of all the members of the
Reviewer in Philippine cabinet has disputed his
Constitution, P. 186) assertion that he is able to
3. Reapportionment within 3 years discharge the powers and duties
following return of every census. of his office [Sec.11 par(3), Art.
VII];
IV. ELECTION d. to revoke or extend the
Presidential Proclamation of
1. Regular second Monday of May, Martial Law or suspension of the
every three years writ of habeas corpus. [Sec. 18,
2. Special (RA 6645) Art. VII]
No special election will be called 3. Joint sessions
if vacancy occurs: a. voting separately
a. at least eighteen (18) (i) choosing the President [Sec.
months before the next 4, Art. VII];
regular election for members (ii) determine Presidents
of the Senate; disability [Sec. 11, Art. VII];
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
29

M EMORY A ID IN P OLITICAL L AW

(iii) confirming nomination of 3. yeas and nays on re-passing a bill


Vice-President [Sec. 9, Art. vetoed by President [Sec.27(1), Art.
VI]; VI]; and
(iv) declaring existence of a 4. yeas and nays on any question at the
state of war [Sec. 23, Art. request of 1/5 of members present
VI]; [Sec.16(4), Art.VI].
(v) proposing constitutional
amendments [Sec. 1, Art. Enrolled Bill conclusive upon courts as
XVII]. regards the tenor of the measure passed
b. voting jointly by Congress and approved by the
(i.) to revoke or extend President (Mabanag v. Lopez Vito, 78
proclamation suspending Phil. 1)
the privilege of writ of
habeas corpus [Sec. 18, Art. Journal Entry vs. Enrolled Bill
VII]; Enrolled bill prevails (Field v. Clark,
(ii.) to revoke or extend 143 US 649), except to matters,
declaration of martial law which under the Constitution, must
[Sec. 18, Art. VII]. be entered into the Journal.
4. Adjournment neither Chamber (Astorga v. Villegas, 56 SCRA 714)
during session, without the consent
of the other, adjourn for more than VIII. CONGRESSIONAL ELECTORAL
3 days, nor any other place than that TRIBUNALS (SET OR HRET) (SEC.
in which the two Chambers shall be 17, ART. VI)
sitting [Sec. 16 (5), Art. VI].
Composition:
Adjournment Sine Die interval 1. 3 Supreme Court Justices designated
between the session of one Congress and by Chief Justice; and
that of another; Congress must stop the 2. 6 members of the Chamber
clock at midnight of the last day of concerned (Senate or HR) chosen on
session in order to validly pass a law. the basis of proportional
representation from political parties
The Senate is a continuing body and parties registered under the
while the House is not. party-list system
Senior Justice shall act as Chairman.
VI. DISCIPLINE OF MEMBERS
[SEC. 16 (3), ART. VI] Power of Electoral Tribunals:
Each house may punish its members 1. Sole judge of all contests relating to
for disorderly behavior, and, with the election, returns and
the concurrence of 2/3 of all its qualification of their respective
members, suspend (for not more members.(Sec. 17, Art. VI)
than 60 days) or expel a member. 2. Rule-making power (Lazatin v. HRET,
168 SCRA 391)
The interpretation of the phrase
disorderly behavior is the It is independent of the Houses of
prerogative of the House concerned Congress and its decisions may be
and cannot be judicially reviewed. reviewed by the Supreme Court only
(Alejandrino v. Quezon, 46 Phil 83). upon showing of grave abuse of
discretion.
VII. MATTERS MANDATED BY
CONSTITUTION TO BE ENTERED IX. COMMISSION ON APPOINTMENTS
INTO THE JOURNAL (SEC. 18, ART. VI)
[SEC. 16 (4), ART. VI]
1. yeas and nays on third and final Composition:
reading of a bill [Sec. 26(2), Art. VI]; 12 Senators and 12 Representatives,
2. veto message of President [Sec. elected by each house on the basis
27(1), Art.VI]; of proportional representation from

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
30 2005 CENTRALIZED BAR OPERATIONS

the political parties and parties and k. power with regard to utilization
organizations registered under the of natural resources [Sec.2, Art.
party-list system represented XII];
therein.
Senate President as ex-officio Limitations on the Powers of Congress:
chairman. 1. Substantive
Chairman shall not vote except in a. Express:
case of tie. (i) bill of rights [Art. III];
(ii) on appropriations [Sec. 25
Powers: and 29 (1) and (2), Art. VI];
1. Shall act on all appointments (iii) on taxation [Sec. 28 and 29
submitted to it within 30 session (3), Art. VI; Sec 4 (3), Art.
days of Congress from their XIV];
submission; and (iv) on constitutional appellate
2. Power to promulgate its own rules of jurisdiction of Supreme
proceedings. Court [Sec. 30, Art. VI];
(v) no law granting title of
X. POWERS OF CONGRESS royalty or nobility shall be
passed [Sec. 31, Art. VI];
Classification of Powers: (vi) no specific funds shall be
appropriated or paid for use
1. Legislative or benefit of any religion,
General plenary power (Sec.1, sect, etc., except for
Art.VI); priests, etc., assigned to
specific power of appropriation, AFP, penal institutions, etc.
taxation and expropriation; [Sec.29(2), Art.VI].
legislative investigations;
question hour. b. Implied:
(i) prohibition against
2. Non-Legislative includes power to: irrepealable laws;
a. canvass presidential elections; (ii) non-delegation of powers.
b. declare existence of a state of
war; 2. Procedural
c. delegation of emergency powers; a. only one subject, to be stated in
d. call special election for the title of the bill [Sec. 26(1),
President and Vice-President; Art. VI]; and
e. give concurrence to treaties and b. 3 readings on separate days;
amnesties; printed copies of the bill in its
f. propose constitutional final form distributed to
amendments (constituent members 3 days before its
power); passage, except if President
g. confirm certain appointments; certifies to its immediate
h. impeach; enactment to meet a public
i. decide the disability of the calamity or emergency; upon its
President because majority of last reading, no amendment
the Cabinet disputes his allowed and the vote thereon
assertion that he is able to taken immediately and the yeas
discharge his duties; and nays entered into the
j. revoke or extend proclamation Journal [Sec. 26(2), Art. VI];
of suspension of privilege of writ c. appropriation, revenue and tariff
of habeas corpus or declaration bill (RAT Bills) shall originate
of martial law (to revoke = exclusively from the House of
legislative veto) Representatives (Sec. 24, Art.
VI)

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
31

M EMORY A ID IN P OLITICAL L AW

shall originate exclusively 2. Form, content and manner of


from the House the preparation of budget shall be
initiative for filing of RAT provided by law;
Bills must come from the 3. No provision or enactment shall be
House, but it does not embraced in the bill unless it relates
prohibit the filing in the specifically to some particular
Senate a substitute bill in appropriations therein;
anticipation of its receipt of 4. Procedure for approving
the bill from the House, so appropriations for Congress shall be
long as the action by the the same as that of other
Senate is withheld pending departments in order to prevent sub-
the receipt of the House bill. rosa appropriations by Congress.
(Tolentino v. Sec. Of 5. Prohibition against transfer of
Finance, 235 SCRA 630). appropriations (doctrine of
augmentation), however:
POWER OF APPROPRIATION a. President;
Appropriations Law a statute, the b. Senate President;
primary and specific purpose of c. Speaker of the House of
which, is to authorize release of Representative;
public funds from treasury. d. Chief Justice; and
e. Heads of Constitutional
- The existence of appropriations Commissions
and the availability of funds are may, by law, be authorized to
indispensable pre-requisites to or augment any item in the general
conditions sine qua non for the appropriations law for their
execution of government contracts. respective offices from savings in
(Comelec v. Judge Quijano-Padilla and other items of their respective
Photokina Marketing Corp., G.R. No. appropriations.
151992, September 18, 2002) 6. Prohibitions against appropriations
for sectarian benefit; and
Implied Limitations on Appropriation 7. Automatic re-appropriation.
Power:
1. must specify public purpose; and Limitations on Power of Legislative
2. sum authorized for release must be Investigation [Sec. 21, Art. VI]
determinate, or at least 1. must be in aid of legislation;
determinable. 2. in accordance with duly published
rules of procedures; and
Constitutional Limitations on Special 3. right of person appearing in, or
Appropriations Measures: affected by such inquiry shall be
1. must specify public purpose for respected.
which the sum was intended; and
2. must be supported by funds actually QUESTION LEGISLATIVE
available as certified by National HOUR INVESTIGATION
Treasurer or to be raised by (Sec. 22, Art. VI) (Sec. 21, Art. VI)
corresponding revenue proposal
included therein. [Sec. 25(4), Art. 1. As to persons who may appear
VI].
only a department any person
Constitutional Rules on General head
Appropriations Laws (Sec. 25, Art. VI)
1. Congress may not increase
2. As to who conducts the investigation
appropriations recommended by the
President for operations of entire body committees
Government;
3. As to subject matter

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
32 2005 CENTRALIZED BAR OPERATIONS

How a Bill becomes Law:


Matters related to any matter for the 1. Approved and signed by the
the department purpose of President;
only legislation 2. Presidential veto overridden by
2/3 vote of all members of both
Houses;

XI. LEGISLATIVE PROCESS


3. Failure of the President to veto
Doctrine of shifting majority: For each the bill and to return it with his
House of Congress to pass a bill, only objections to the House where it
the votes of the majority of those originated, within 30 days after
present in the session, there being a the date of receipt;
quorum, is required. 4. A bill calling a special election
for President and Vice-President
Quorum majority of each House, but a under Sec. 10, Art. VII becomes
smaller number may adjourn from day to law upon third and final reading.
day and may compel the attendance of
absent Members in such manner and PRESIDENTIAL VETO
under such penalties as such House may
determine [Sec. 16(2), Art. VI]. General Rule: If the President
The basis for determining the disapproves a bill enacted by Congress,
existence of a quorum in the Senate he should veto the entire bill. He is not
shall be the total number of Senators allowed to veto separate items of a bill.
who are in the country and within
the coercive jurisdiction of the Exception: Item-veto in the case of
Senate (Avelino v. Cuenco, 83 Phil appropriation, revenue, and tariff bills
17). [Sec. 27 (2), Art. VI].

Bills that must originate from the Exceptions to the exception:


House of Representatives: 1. Doctrine of Inappropriate
1. Appropriations bill; Provisions a provision that is
2. Revenue and tariff bills; constitutionally inappropriate for an
3. Bill authorizing increase in public appropriation bill may be singled out
debts; for veto even if it is not an
4. Bill of local application; and appropriation or revenue item
5. Private bills [Sec.24, Art. VI]. (Gonzales v. Macaraig, Jr., 191 SCRA
452).
Procedure for Approval of Bills: 2. Executive Impoundment - refusal
1. Bill is approved by both chambers; of the President to spend funds
2. President approves and signs it; already allocated by Congress for
3. If the President vetoes the bill, specific purpose. It is the failure to
return bill with presidential spend or obligate budget authority
objections to the house of origin. of any type. (Philconsa v. Enriquez,
Veto may be overridden upon vote of G.R. No. 113105. August 19, 1994).
2/3 of all members of the House of
origin and other house; and Pocket Veto occurs when (1) the
4. Presidential inaction for 30 days President fails to act on a bill and (2)
from receipt of the bill: bill becomes the reason he does not return the
a law as if the same has been signed bill to Congress is that Congress is
by him not in session.

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
33

M EMORY A ID IN P OLITICAL L AW

Not applicable in the (i) heads of executive


Philippines because inaction by departments;
the President for 30 days never (ii) ambassadors and other
produces a veto even if Congress public ministers and
is in recess. The President must consuls;
still act to veto the bill and (iii) officers of the AFP from the
communicate his veto to rank of colonel or naval
Congress without need of captain; and
returning the vetoed bill with his (iv) other ministers whose
veto message. appointments are vested in
him by the Constitution
(Sarmiento v. Mison, GR No.
79974, December 17, 1987)
Article VII: b. prior recommendation or
EXECUTIVE DEPARTMENT nomination by the Judicial and
Bar Council;
I. ELECTION (i) Members of the Supreme
Court and all lower courts
1. Regular second Monday of May, (Sec.9, Art. VIII); and
every six years; (ii) Ombudsman and his 5
2. Special deputies.
Requisites:
a. death, permanent disability, c. requiring nominations by multi-
removal from office or sectoral groups;
resignation of both the President (i) Regional consultative
and the Vice President; commission (Sec. 18, Art. X);
b. vacancies occur more than and
eighteen months before the next (ii) Party-list representatives,
regular presidential election; before the Party-List Law
c. a law passed by Congress calling (Sec.7,Art. XVIII).
for a special election to elect a
President and a Vice President to d. appointment of Vice-President as
be held not earlier than 45 days member of the Cabinet;
nor later than 60 days from the
time of such call.[Sec.10, e. appointment solely by the
Art.VII]. President.
(i) those vested by the
II. POWERS OF THE PRESIDENT Constitution on the President
alone;
1. EXECUTIVE POWER power to (ii) those whose appointments
enforce and administer laws. are not otherwise provided
President shall have control of for by law;
all executive departments, (iii) those whom he may be
bureaus and offices. He shall authorized by law to
ensure that laws are faithfully appoint; and
executed. (Sec. 17, Art. VII) (iv) those other officers lower in
Until and unless a law is rank who appointment is
declared unconstitutional, vested by law in the
President has a duty to execute President alone.
it regardless of his doubts as to
its validity (faithful execution Appointing Procedure for those that
clause) [Sec.1 and 17 Art. VII] need CA Confirmation:
1. nomination by the President;
2. POWER OF APPOINTMENT 2. confirmation by the Commission on
a. with the consent of the Appointments;
Commission on Appointments 3. issuance of commission; and

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
34 2005 CENTRALIZED BAR OPERATIONS

4. acceptance by appointee. 4. POWER OF CONTROL


Deemed complete upon acceptance Control power of an office to:
(Lacson vs Romero, 84 Phil 740) Alter,
Modify,
Limitations on Appointing Power: Nullify, or
1) appointments made by an Set aside
acting-President shall remain what a substitute had done in
effective unless revoked within the performance of his duties
90 days from assumption of and to substitute his judgment to
office by elected President [Sec. that of the former (Mondano v.
14, Art. VII]; and Silvosa, 97 Phil, 143).
2) President or acting-President
shall not make appointments Doctrine of Qualified Political
except temporary ones to Agency or Alter Ego Principle acts
executive positions 2 months of the Secretaries of Executive
immediately before next departments when performed and
Presidential elections and up to promulgated in the regular course of
the end of his term. Only when business or unless disapproved or
continued vacancy will prejudice reprobated by the Chief Executive,
public service or endanger public are presumptively the acts of the
safety [Sec. 15, Art. VII]. Chief Executive (Villena v. Secretary
3) The spouse and relatives by of the Interior, 67 Phil 451).
consanguinity or affinity within
the 4th civil degree of the 5. MILITARY POWERS (SEC. 18, ART.
President shall not, during his VIII)
tenure be appointed as: a. Commander-in Chief clause
a. members of the To call out the Armed Force
Constitutional Commissions; to prevent or suppress
b. member of the Office of the lawless violence, invasion or
Ombudsman; rebellion;
c. Secretaries; organize courts martial and
d. Undersecretaries; create military commissions.
e. Chairman or heads of
bureaus or offices, including b. Suspension of the Privilege of
GOCC and their subsidiaries. Writ of Habeas Corpus and
[Sec.13,par. 2, Art. VII] Declaration of Martial Law
4. The President shall have the power (i.) Grounds: invasion or
to make appointments during the rebellion, when public safety
recess of the Congress, whether requires it.
voluntary or compulsory, but such (ii.) Duration: not more than 60
appointments shall be effective only days, following which it shall
until disapproval by the CA or until be lifted, unless extended by
the next adjournment of the Congress.
Congress. [Sec. 16 par.2, Art. VII] (iii.) Duty of the President to
report to Congress: within
3. POWER OF REMOVAL 48 hours personally or in
writing.
General rule: this power is implied (iv.) Authority of Congress to
from the power to appoint. revoke or extend the
effectivity of proclamation:
Exception: those appointed by him by majority vote of all of its
where the Constitution prescribes members voting jointly.
certain methods for separation from (v.) Authority of the Supreme
public service.(e.g. impeachment) Court: to inquire into the
sufficiency of the factual
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
35

M EMORY A ID IN P OLITICAL L AW

basis for such action, at Limitations:


the instance of any citizen. 1. cannot be granted in cases of
Decision must be impeachment;
promulgated 30 days within 2. cannot be granted in violations
its filing. of election laws without
(vi.) Proclamation does not favorable recommendations of
affect the right to bail. the COMELEC;
(vii.) Suspension applies only 3. can be granted only after
to persons facing charges of convictions by final judgment
rebellion or offenses (except amnesty);
inherent in or directly 4. cannot be granted in cases of
connected with invasion. legislative contempt or civil
(viii.) Person arrested must be contempt;
charged within 3 days; if 5. cannot absolve convict of civil
not, must be released. liability; and
(ix.) Proclamation does not 6. cannot restore public offices
supersede civilian authority. forfeited.

Effects of Proclamation of Martial Law Pardon act of grace which exempts


1. The President can: individual on whom it is bestowed
a. Legislate; from punishment which the law
b. order the arrest of people who inflicts for a crime he has
obstruct the war effort. committed.
2. The following CANNOT be done: Pardon Classified:
a. suspend the operation of the 1. Plenary or partial; and
Constitution. 2. Absolute or conditional.
b. Supplant the functioning of the
civil courts and the legislative Commutation reduction or
assemblies; mitigation of the penalty.
c. Confer jurisdiction upon military
courts and agencies over Reprieve postponement of sentence or
civilians, where civil courts are stay of execution.
able to function.
Open Court Doctrine civilians Parole release from imprisonment, but
cannot be tried by military without full restoration of liberty, as
courts if the civil courts are open parolee is in the custody of the law
and functioning. although not in confinement.
d. Automatically suspend the
privilege of the writ of habeas Amnesty act of grace, concurred in by
corpus.[Sec.18, par(4), Art.VII]. the Legislature, usually extended to
groups of persons who committed
Four ways for the proclamation or political offenses, which puts into
suspension to be lifted: oblivion the offense itself.
1. lifting by the President himself;
2. revocation by Congress;
3. nullification by the Supreme Court;
4. operation of law after 60 days. AMNESTY PARDON

6. PARDONING POWER 1. Political 1. Infraction of


(SEC. 19, ART. VII) offenses peace/ common
discretionary, may not be crimes
controlled by the legislature or
reversed by the court, unless
2. Classes of 2. individuals
there is a constitutional persons
violation.

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
36 2005 CENTRALIZED BAR OPERATIONS

President shall address Congress


3. Requires 3. does not require at the opening of its regular
concurrence of concurrence of session. President may also
Congress Congress appear before it at any other
time.
4. Public act to 4. Private act
which court may which must be
take judicial pleaded and 11. RESIDUAL POWER
notice of proved Whatever is not judicial,
whatever is not legislative, is
residual power exercised by the
5. Looks backward 5. Looks forward President (Marcos v. Manglapus,
and puts to and relieves the 178 SCRA 760)
oblivion the pardonee of the
offense itself consequence of
the offense.

6. May be granted 6. Can be granted 12. OTHER POWERS


even before trial only after a. call Congress to a special session
conviction. [Sec. 15, Art. VI];
b. approve or veto bills [Sec. 27,
7. BORROWING POWER (SEC. 20, ART. Art. VI];
VII) c. deport aliens (Qua Chee Gan v.
the President may contract or The Deportation Board, G.R. No.
guarantee foreign loans on L-10280. September 30, 1963);
behalf of the Republic with the d. consent to deputization of
concurrence of the Monetary government personnel by
Board, subject to such COMELEC [Sec.2 (4), Art. IX-C];
limitations as may be provided e. to discipline such deputies [Sec.
by law. 2 (8), Art. IX-C];
Monetary Board shall submit to f. general supervision over local
Congress report on loans within government units and
30 days from end of every autonomous regional
quarter. governments (Art. X);

8. DIPLOMATIC POWER (SEC. 21, ART. general supervision mere


VII) overseeing of a subordinate to
No treaty or international make sure that they do their
agreement shall be valid and duties under the law but does
effective unless concurred in by not include the power to
at least 2/3 of all members of overrule their acts, if these acts
Senate. are within their discretion.

9. BUDGETARY POWER (SEC. 22, ART. g. immunity from suit during his
VII) tenure
within 30 days from opening of - deemed implied in the
every regular session, President Constitution (Bernas, The
shall submit to Congress a 1987 Constitution, A
budget of expenditures and Commentary 2003 Ed., p
sources of financing, including 803)
receipts from existing and
proposed revenue measures. - the immunity does not
however extend to non-
10. INFORMING POWER (SEC. 23, ART. official acts or for wrong
VI) doing (Estrada vs. Desierto,

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
37

M EMORY A ID IN P OLITICAL L AW

G. R. Nos. 146710-15, jurisdiction may not be increased


March 2, 2001) without its advice or concurrence;
4. SC has administrative supervision
h. by delegation from Congress, over all inferior courts and
exercise emergency [Sec. 23 (2), personnel;
Art. VI] and tariff powers [Sec. 5. SC has exclusive power to discipline
28 (2), Art. VI]. judges/justices of inferior courts;
6. Members of judiciary enjoy security
Conditions for the Exercise of the of tenure;
President of Emergency Powers: 7. Members of judiciary may not be
1. there must be a war or national designated to any agency performing
emergency; quasi-judicial or administrative
2. there must be a law authorizing functions;
President to exercise emergency 8. Salaries of judges may not be
powers; reduced; judiciary enjoys fiscal
3. exercise must be for a limited autonomy;
period; 9. SC alone may initiate Rules of Court;
4. must be subject to restrictions that 10. SC alone may order temporary detail
Congress may provide; and of judges; and
5. exercise must be necessary and 11. SC can appoint all officials and
proper to carry out a declared employees of the Judiciary (Nachura,
national policy [Sec.23 (2), Art.VI]. Reviewer in Political Law, p. 199-
200).

Article VIII: II. APPOINTMENT TO THE JUDICIARY:


JUDICIAL DEPARTMENT
Qualifications
I. JUDICIAL POWER a. Chief Justice and Associate
- duty of courts of justice to settle Justices of the Supreme Court:
actual controversies involving rights 1. Natural-born citizen;
which are legally demandable and 2. At least 40 years old;
enforceable, and to determine whether 3. 15 years or more a judge of
or not there has been a grave abuse of a lower court or engaged in
discretion amounting to lack or excess of the practice of law in the
jurisdiction on the part of any branch or Philippines;
instrumentality of government (Sec. 1, 4. a person of proven
par.2, Art. VIII). competence, integrity,
probity and independence.
Judicial power is vested in:
1. One Supreme Court; and b. Presiding Justice and Associate
2. Such lower courts as may be Justices of the Court of
established by law (Sec. 1, Art. Appeals:
VIII). Same qualifications as those
provided for Justice of the
Jurisdiction - power to hear and Supreme Court;
decide a case and execute decision
thereof. c. Regional Trial Court Judges:
1. Citizen of the Philippines;
Safeguards that guarantee 2. At least 35 years old; and
Independence of Judiciary: 3. Has been engaged for at
1. SC is a Constitutional body; may not least 5 years in the practice
be abolished by law; of law in the Philippines or
2. Members are only removable by has held public office in the
impeachment; Philippines requiring
3. SC may not be deprived of minimum admission to the practice of
and appellate jurisdiction; appellate

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
38 2005 CENTRALIZED BAR OPERATIONS

law as an indispensable it undermines the security of


requisite. tenure of its members (Sec. 2,
4. a person of proven Art. VIII).
competence, integrity,
probity and independence. III. JUDICIAL AND BAR COUNCIL

d. Metropolitan, Municipal and Composition:


Municipal Circuit Trial Court Ex-officio chairman
Judges: - Supreme Court Chief Justice
1. Citizen of the Philippines; Ex-officio members
2. At least 30 years old; - Secretary of Justice
3. Has been engaged for al - Representative of Congress
least 5 years in the practice Regular members
of law in the Philippines or - Representative of the IBP;
has held public office in the - Professor of Law;
Philippines requiring - Retired member of SC; and
admission to the practice of - Representative of private sector
law as an indispensable
requisite; Secretary de officio
4. a person of proven - Clerk of the Supreme Court
competence, integrity,
probity and independence. Appointment
Regular members shall be appointed
Procedure in Appointment: by the President for a 4 year term
1. Appointed by President from among with the consent of the Commission
a list of at least 3 nominees on Appointments.
prepared by Judicial and Bar Council
for every vacancy. Powers and Functions of Judicial and
2. For lower courts, President shall Bar Council:
issue the appointment 90 days from 1. Recommend appointees to the
submission of the list. judiciary;
2. Recommend appointees to the Office
Tenure of Justices and Judges of the Ombudsman and his 5
a. Supreme Court hold office until deputies;
they reach 70 years of age or 3. May exercise such other functions as
become incapacitated to discharge may be assigned by Supreme Court.
their duties [Sec.11, Art.VIII]. (Sec. 8, Art. VIII)
May be removed only through
impeachment. IV. SUPREME COURT

a. Lower Courts hold office during Composition:


good behavior until they reach 70 Chief Justice and 14 Associate
years of age or become Justices
incapacitated to discharge their -may sit en banc or in its
duties [Sec. 11, Art. VIII]. discretion, in divisions of 3, 5, or 7
By majority vote of members members.
who actually took part in the - Any vacancy shall be filled
deliberation on the issues and within 90 days from occurrence
voted thereon, SC en banc shall thereof
have the power to discipline
judges of lower courts or order Powers of the Supreme Court
their dismissal.
No law shall be passed 1. Original Jurisdiction
reorganizing the Judiciary when

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
39

M EMORY A ID IN P OLITICAL L AW

Over cases affecting presidency before the elections


ambassadors, other public are held. (Tecson vs. Comelec,
ministers and consuls; G.R. No. 161434. March 3, 2004)
Over petition for Certiorari,
Prohibition, Mandamus, Quo 4. Temporary assignments of judges of
Warranto, and Habeas Corpus; lower courts to others stations as
and public interest may require. Not to
Review of factual basis for the exceed 6 months without the
declaration of martial law or consent of the judge concerned.
suspension of the privilege of
writ of habeas corpus. 5. Order change of venue or place of
trial, to avoid miscarriage of justice.
2. Appellate Jurisdiction
Over final judgments and orders 6. Rule-making power promulgates
of lower courts in rules concerning:
a. all cases in which the a. protection and enforcement of
constitutionality or constitutional rights;
validity of any treaty, b. pleading, practice and
international or executive procedures in all courts;
agreement, law, c. admissions to the practice of
presidential decree, law;
proclamation, order, d. Integrated Bar of the Philippines;
instruction, ordinance, or and
regulation is in question; e. legal assistance to the
b. All cases involving the underprivileged.
legality of any tax impost,
assessment, or toll, or any Limitations on rule making power:
penalty imposed in (i.) provide a simplified and
relation thereto; inexpensive procedure for
c. All cases in which the speedy disposition of cases;
jurisdiction of any lower (ii.) uniform for all courts in the
court is in issue; same grade;
d. All criminal cases in which (iii.) shall not diminish, increase or
the penalty imposed is modify substantive rights.
reclusion perpetua or
higher; 7. Power of appointment
e. All cases in which only a appoints all officials and
question of law is employees of the Judiciary in
involved. [Section 5 (2), accordance with Civil Service
Art. VIII.] Law;

3. Electoral Tribunal for Presidential 8. Power of administrative supervision


and Vice-Presidential Contests administrative supervision over
Sitting En Banc, over all contests all courts and the personnel
relating to the election, returns thereof.
and qualification of the mere division of the SC may
President or Vice-President (Sec. discipline a judge of the lower
4(7) Article VII) court; the SC is required to
The jurisdiction of the Supreme decide a case en banc only when
Court, defined by Article VII, the dismissal of a judge is
Section 4, paragraph 7, of the involved.
1987 Constitution, would not
include cases directly brought 9. Yearly report
before it, questioning the Within 30 days from the opening
qualifications of a candidate for of each regular session of
the presidency or vice- Congress, SC shall submit to the

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
40 2005 CENTRALIZED BAR OPERATIONS

President and Congress an 2. Constitutional question must be


annual report on the operation raised by the proper party one who
and activities of the Judiciary. has sustained or is in imminent
danger of sustaining an injury as a
V. POWER OF JUDICIAL REVIEW result of the act complained of;
For a taxpayers suit, 2
Judicial Review the power of the requisites:
courts to test the validity of executive a. public funds are disbursed by a
and legislative acts in light of their political subdivision or
conformity with the Constitution. This is instrumentality; and
not an assertion of superiority by the b. a law is violated or some
courts over the other departments, but irregularity is committed, and
merely an expression of the supremacy that the petitioner is directly
of the Constitution (Angara v. Electoral affected by the alleged ultra
Commission, 63 Phil. 139) vires act (Anti-Graft League of
the Philippines v. Court of
Appeals, 260 SCRA 250)
3. Constitutional question must be
Doctrine of Judicial Supremacy raised at the earliest opportunity
1. Although holding neither purse General Rule: must be raised in
nor sword and so regarded as the the pleadings
weakest of the three Exceptions:
departments of the government, a. criminal cases at any time
the judiciary is nonetheless at the discretion of the
vested with the power to annul court;
the acts of either the legislative b. civil cases at any stage of
or the executive or of both when the proceedings if necessary
not conformable to the for the determination of the
fundamental law. (Association of case itself;
Small Landowners of the c. every case (except where
Philippines v. Secretary of there is estoppel ) at any
Agrarian Reform, 175 SCRA 343). stage if it involves the
2. When the judiciary allocates jurisdiction of the court
constitutional boundaries, it 4. Determination of constitutionality of
neither asserts superiority nor the statute must be necessary to a
nullifies an act of the final determination of the case.
Legislature. It only asserts the (People vs. Vera, 65 Phil. 56).
solemn and sacred obligation Therefore, the following must be
assigned to it by the Constitution avoided:
to determine conflicting claims political questions;
of authority under the advisory opinions
Constitution and to establish for moot and academic issues;
the parties in an actual no standing.
controversy the rights which that
instrument secures and Seven Rules of Avoidance of
guarantees to them. (Laurel, Constitutional Questions (Brandeis, J.)
Angara v. Electoral Commission, 1. Friendly, non-adversary proceedings
63 Phil 139) (no vital conflict);
2. Anticipation of a question of
Requisites of Judicial Review: constitutional law in advance of the
1. Actual case or controversy a necessity of deciding it (premature
conflict of legal rights, an assertion case);
of opposite legal claims susceptible
of judicial determination;

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
41

M EMORY A ID IN P OLITICAL L AW

3. Formulation of a rule broader than Grave Abuse of Discretion Amounting


is required by the precise facts to to Lack of Jurisdiction capricious and
which it is applied; whimsical exercise of judgment. The
4. Existence of other grounds upon abuse of discretion must be patent and
which the case may be disposed of. gross as to amount to an evasion of
(not the very lis mota); positive duty or a virtual refusal to
5. Complaint made by one who fails to perform a duty enjoined by law, or to
show injury as to its operations (no act at all in contemplation of law, as
standing); where the power is exercised in an
6. Instance of one who has availed arbitrary and despotic manner by reason
himself of its benefit; of passion or hostility (Intestate Estate
7. Possibility of a construction of of Carmen de Luna v. IAC, 170 SCRA
statute that can avoid the resolution 246).
of the constitutional question.
JUSTICIABLE POLITICAL
Policy of Strict Necessity (Rescue Army QUESTION QUESTION
Case) the court must refrain from
exercising judicial review unless all the A definite and Two aspects:
requisites for its exercise are fulfilled concrete dispute Those questions
because: touching on the which, under the
legal relations of Constitution, are to
parties having be decided by the
1. the danger of exercising the adverse legal people in their
function, in view of possible interests which sovereign capacity;
consequences for others may be resolved by or
stemming also from a court of law in regard to which
constitutional roots; through the full discretionary
2. comparative finality of those application of a authority has been
consequences; law. (Cutaran v. delegated to the
3. consideration due to the DENR, G.R. No. legislature or
134958, January executive branches
judgment of the other
31, 2001). of government.
repositories of constitutional (Taada v. Cuenco,
power concerning the scope of 100 Phil 1101)
their authorities;
4. necessity for each to keep within Functions of Judicial Review
its own power; 1. checking invalidating a law or
5. inherent limitations of the executive act that is found to be
judicial process its largely contrary to the Constitution;
negative character, and its 2. legitimating upholding the validity
limited resources for of the law that results from a mere
enforcement; dismissal of a case challenging the
6. withal in paramount importance validity of the law;
of constitutional adjudication.
rule on double negative uses the
Judicial Power includes: term not unconstitutional; the
1. duty of courts to settle actual court cannot declare a law
controversies involving rights which constitutional because it already
are legally demandable and enjoys a presumption of
enforceable; and constitutionality.
2. to determine whether or not there
has been a grave abuse of discretion 3. symbolic to educate the bench and
amounting to lack or excess of bar as to the controlling principles
jurisdiction on part of any branch or and concepts on matters of grave
instrumentality of government [Sec. public importance for the guidance
1, Art. VIII]. of and restraint upon the
future.(Salonga v. Cruz Pao, 134
SCRA 438)
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
42 2005 CENTRALIZED BAR OPERATIONS

Court does not lose jurisdiction


All courts can exercise Judicial Review over the case, despite the lapse
The Constitution contemplates that of the mandatory period.
the inferior courts should have Erring judge or justice may be
jurisdiction in cases involving subjected to administrative
constitutionality of any treaty or law sanctions for the delay.
for Sec. 5 (2), Art. VIII speaks of
appellate review of final judgments Effect of Declaration of
of inferior courts in cases where such Unconstitutionality
constitutionality happens to be in
issue. (J.M. Tuason and Co. v. Court The law is either :
of Appeals, 3 SCRA 696). 1. void if on its face it does not enjoy
The Constitution vests the power of any presumption of validity because
judicial review not only in the it is patently offensive to the
Supreme Court but also in the RTC. Constitution. It produces not effect,
However, in all actions assailing the creates no office and imposes no
validity of a statute, treaty, duty. (Igot v. Comelec, 95 SCRA 392)
presidential decree, order or 2. voidable if on its face it enjoys the
proclamation and not just in presumption of constitutionality.
actions involving declaratory relief The laws becomes inoperative only
and similar remedies, notice to the upon the judicial declaration of its
Solicitor General is mandatory, as invalidity; the declaration produces
required in Sec. 3, Rule 64 of the no retroactive effect. (Serrano de
Rules of Court. The purpose of this Agbayani v. PNB, 38 SCRA 429)
mandatory notice is to enable the
Solicitor General to decide whether Art. 7, NCC is the orthodox view on
or not his intervention in the action the matter.
is necessary (Mirasol v. Court of
Appeals, G.R. No. 128448, February Requisites before a Law can be
1, 2001) Declared Partially Unconstitutional:
1) the legislature must be
Period for Decision (Sec. 15, Art. VIII) willing to retain valid portion
All cases filed after the effectivity of (separability clause); and
the Constitution must be decided or 2) the valid portion can stand
resolved, from the date of independently as law.
submission, within:
a. SC 24 months
b. Lower Collegiate Courts - 12 Article IX :
months, unless period is reduced CONSTITUTIONAL COMMISSIONS
by SC;
c. All other lower courts 3 months Independent Constitutional
unless period is reduced by SC Commissions:

In case of delay: 1. Civil Service Commission (CSC)


A certification to be signed by 2. Commission on Elections (COMELEC)
the Chief Justice or Presiding 3. Commission on Audit (COA)
Justice shall be issued stating
the reason for the delay. Prohibitions and Inhibitions
Court, without prejudice to such No member of a Constitutional
responsibilities as may have been Commission shall, during his tenure:
incurred in consequence thereof 1. hold any other office or
shall decide or resolve the case employment;
or matter submitted to it 2. engage in the practice of any
without further delay, despite profession
expiration of mandatory period.
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
43

M EMORY A ID IN P OLITICAL L AW

3. engage in the active management of the Commissions in the exercise of the


and control of any business which in adjudicatory or quasi-judicial functions.
any way may be affected by the It does not refer to purely executive
functions of his office powers. Hence, questions arising from
4. be financially interested, directly or the award of a contract for construction
indirectly, in any contract with, or in of voting booths can be brought before
any franchise or privilege granted by the trial court (Ambil vs. Comelec, G.R.
the Government, any of its No. 143398, October 5. 2000)
subdivisions, agencies or
instrumentalities, including I. CIVIL SERVICE COMMISSION
government-owned and controlled
corporations or their subsidiaries. Composition:
1 chairman;
Safeguards that guarantee 2 commissioners
Independence of Commissions:
1. they are constitutionally created; Qualifications:
may not be abolished by statute; 1. natural-born citizen;
2. each is expressly described as 2. at least 35 years old at the time
independent; of appointment;
3. each is conferred certain powers and 3. with proven capacity for public
functions which cannot be reduced administration; and
by statute; 4. not a candidate in any election
4. the Chairmen and members cannot be immediately preceding the
removed except by impeachment; appointment.
5. the Chairmen and members are
given fairly a long term of office of 7 Term:
years; 7 years without reappointment.
6. the Chairmen and members may not
be reappointed or appointed in an Scope of the Civil Service: embraces all
acting capacity (Brillantes v. Yorac, branches, subdivisions, instrumentalities
192 SCRA 358); and agencies of the Government,
7. the salaries of the Chairmen and including government-owned and
members are relatively high and may controlled corporations with original
not be decreased during continuance charters [Sec. 2(1), Art. IX-B]
in office;
8. the Commissions enjoy fiscal Classes of Service:
autonomy; a. Career service characterized
9. each Commission may promulgate its by:
own procedural rules, provided they 1. entrance based on merit and
do not diminish, increase or modify fitness to be determined by
substantive rights [though subject to competitive examination or
disapproval by the SC]; based on highly technical
10. the Chairmen and members are qualifications.
subject to certain disqualifications 2. Opportunity for
calculated to strengthen their advancement;
integrity; 3. Security of tenure
11. the Commissions may appoint their
own officials and employees in Kinds:
accordance with Civil Service Law 1) open career positions prior
(Nachura, Reviewer in Political Law, qualification via
p.209) examination;
2) closed career positions
Certiorari Jurisdiction of the Supreme e.g., scientific or highly
Court technical;
- Limited to decisions rendered in
actions or proceedings taken cognizance

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
44 2005 CENTRALIZED BAR OPERATIONS

3) career executive service freedom from misgivings or betrayals


e.g., Undersecretaries, on confidential matters of state;
Bureau Directors; Or one declared to be so by
4) career officers appointed President upon recommendations
by President, e.g., foreign of CSC (Salazar v. Mathay, 73
service; SCRA 275).
5) positions in AFP, governed by
separate merit system; Highly Technical requires possession of
6) personnel of GOCCs with technical skill or training in supreme or
original charter; superior degree. (de los Santos v.
7) permanent laborers, whether Mallare, 87 Phil 289)
skilled, semi-skilled or
unskilled. II. COMMISSION ON ELECTION

b. Non-career Service Composition:


characterized by : 1 chairman;
6 commissioners
1. entrance on bases other than
those of usual tests utilized Qualifications:
for career service. 1. natural-born citizen;
2. Tenure limited to period. 2. at least 35 years old at the time
of appointment;
3. college degree holder ;
Kinds: 4. not candidate in election
1) elective officials and their immediately preceding the
personal and confidential appointment; and
staff; 5. majority, including the
2) department heads and chairman, must be members of
officials of cabinet rank, and the Philippine Bar who have
their personal and been engaged in the practice of
confidential staff; law for at least 10 years
3) chairmen and members of
commissions and boards with Term:
fixed terms of office and 7 years without reappointment.
their personal and If however, the appointment was ad
confidential staff; interim, a subsequent renewal of
4) contractual personnel or the appointment does not violate the
those whose employment in prohibition on reappointments
government is in accordance because no previous appointment
with special contract for was confirmed by the Commission on
specific work; and Appointments. Furthermore, the
5) emergency and seasonal total term of both appointments
personnel. must not exceed the 7 year limit
(Matibag vs. Benapayo G.R. No.
Exceptions to requirement of 149036, April2, 2002)
competitive examinations (to
determine merit and fitness): Powers and Functions of COMELEC:
1. enforce and administer law and
Policy Determining lays down principal regulations relative to conduct of
or fundamental guidelines or rules. elections, plebiscite, initiative,
Formulates method of action. referendum or recall;
2. exclusive original jurisdiction over
Primarily Confidential primarily close all contests relating to election,
intimacy which insures freedom of returns and qualifications of all
intercourse without embarrassment of
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
45

M EMORY A ID IN P OLITICAL L AW

elective regional, provincial, and powers. Thus, the COMELEC en


city officials. banc can directly approve the
3. Exclusive appellate jurisdiction over recommendation of its Law
all contests involving elective Department to file the criminal
municipal officials decided by RTC, information for double
or involving elective barangay registration against petitioners in
officials by MTC; the instant case. There is no
4. Decide, except those involving right constitutional requirement that
to vote, all questions affecting the filing of the criminal
elections, including the information be first decided by
determination of number and any of the divisions of the
location of polling places, COMELEC. (Baytan vs. Comelec,
appointment of election officials and G.R. No. 153945, February 4,
inspectors and registration of voters; 2003)
5. Deputize, with concurrence of
President, law enforcement agencies III. COMMISSION ON AUDIT
and instrumentalities for exclusive
purpose of insuring free, orderly, Composition:
honest, peaceful and credible 1 chairman;
elections; 2 commissioners.
6. Register, after sufficient publication,
political parties, organizations or Qualifications:
coalitions which must present their 1. natural-born citizen;
platform or program of government; 2. at least 35 years old at the time
accredit citizens arms; of appointment;
7. File upon verified complaint or motu 3. CPAs with at least 10 years
propio petitions in court for auditing experience or members
inclusion or exclusion of voters; of the Bar with at least 10 years
investigate and, where appropriate , practice of law; at no time shall
prosecute cases of violations of all members belong to the same
elections laws; profession;
8. Recommend to Congress effective 4. Not a candidate in election
measures to minimize election immediately preceding
spending, limitation of places and appointment.
prevent and penalize all forms of
election frauds, offenses, Term:
malpractice and nuisance 7 years without reappointment.
candidates; and
9. Submit to President and Congress, Powers and Duties of COA:
comprehensive reports on conduct of
each election, plebiscite, initiative, 1. examine, audit and settle all
referendum or recall. accounts pertaining to revenue and
receipts of, and expenditures or uses
The COMELEC's exercise of its of funds and property owned or held
quasi-judicial powers is subject in trust or pertaining to government;
to Section 3 of Article IX-C which 2. keep general accounts of
expressly requires that 1) all government and preserve vouchers
election cases, including pre- and supporting papers;
proclamation controversies, shall 3. authority to define scope of its audit
be decided by the COMELEC in and examination, establish
division, and 2) the motion for techniques and methods required
reconsideration shall be decided therefor; and
by the COMELEC en banc. 4. promulgate accounting and auditing
The prosecution of election law rules and regulations, including
violators involves the exercise of those for prevention and
the COMELEC's administrative disallowance.

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
46 2005 CENTRALIZED BAR OPERATIONS

together with the corresponding


Jurisdiction of the Commission: no law resolution.
shall be passed exempting any entity of 5. Placing on calendar the Committee
the Government, or any investment of resolution within 10 days from
public funds, from the jurisdiction of the submission;
Commission on Audit (Sec. 3, Art. IX-D) 6. Discussion on the floor of the report;
7. A vote of at least one third of all the
members of the House shall be
Article XI: necessary either to affirm a
ACCOUNTABILITY OF favorable resolution with the Articles
PUBLIC OFFICERS of Impeachment of the Committee or
override its contrary resolution.
I.IMPEACHABLE OFFICERS:
1. President; Trial and Decision in Impeachment
2. Vice-President; proceedings
3. Justices of the Supreme Court; 1. The Senators take an oath or
4. Chairmen and Members of the affirmation.
Constitutional Commissions; 2. When the President of the
5. Ombudsman. Philippines is on trial the Chief
Justice of the Supreme court shall
II. IMPEACHMENT PROCESS preside but shall not vote.
3. A decision of conviction must be
Grounds for Impeachment: concurred in by at least two thirds of
1. Culpable violation of the all the members of the Senate.
Constitution;
2. Treason;
3. Bribery;
4. Graft and Corruption; Effect of Conviction:
5. Other high crimes; and 1. Removal from Office;
6. Betrayal of public trust. 2. Disqualification to hold any other
office under the Republic of the
Initiation of Impeachment Case Philippines;
The House of Representatives shall 3. Party convicted shall be liable and
have the exclusive power to initiate subject to prosecution, trial and
all cases of impeachment punishment according to law.

Process of Impeachment Limitations:


1. Verified Complaint filed by any 1. The House of Representatives shall
member of the house or any citizen have the exclusive power to initiate
upon resolution of endorsement by all cases of impeachment.
any member thereof 2. Not more than one impeachment
2. Included in the order of business proceeding shall be initiated against
within 10 session days. the same official within a period of
3. Referred to the proper committee one year
within 3 session days of its inclusion.
If the verified complaint is filed - An impeachment case is the legal
by at least one third of all its controversy that must be decided by
members, the same shall the Senate while an impeachment
constitute the Articles of proceeding is one that is initiated in
Impeachment, and trial by the the House of Representatives. For
Senate shall forthwith proceed. purposes of applying the-one year
4. The Committee, after hearing, and bar rule, the proceeding is
by majority vote of all its members, initiated or begins when a
shall submit its report to the House verified complaint is filed and
referred to the Committee on
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
47

M EMORY A ID IN P OLITICAL L AW

Justice for action (Francisco, et al. (b.) City mayors, vice-


vs. House of Representatives, et al. mayors, city councilors;
G.R. No. 160261, November 10, city treasurers,
2003). assessors, engineers and
other city department
III. SANDIGANBAYAN heads;
the anti-graft court shall (c.) Officials of the
continue to function and diplomatic service from
exercise its jurisdiction as now consuls or higher;
and hereafter may be provided (d.) PA/PAF colonels; PN
by law. captains and all officers
of higher rank;
Composition: (e.) Officers of the PNP while
1 Presiding Justice and 14 Associate occupying the position of
Justices with the rank of Justice of provincial director and
the CA. those holding the rank of
Sits in 5 divisions of 3 members senior superintendent or
each. higher;
(f.) City/provincial
Decision and Review prosecutors and their
unanimous vote of all 3 members assistants, and officials
shall be required for the and prosecutors in the
pronouncement of judgment by a Office of the
division. Decision shall be reviewable Ombudsman and special
by the SC on petition for certiorari. prosecutor; and
(g.) Presidents, directors,
trustees, or managers
Jurisdiction of the Sandiganbayan: of GOCCs state
universities or
1. Original Jurisdiction educational institutions
or foundations;
a. violations of R.A. 3019 (AGCPA) (ii.) Members of Congress and
as amended; R.A. 1379; and officials thereof with G27
Chapter II, Sec.2, Title VII, Book and up;
II of the Revised Penal Code (iii.) Members of the Judiciary
where one or more of the without prejudice to the
accused are officials occupying Constitution;
the following positions in the (iv.) Chairmen and members of
government, whether in a the Constitutional
permanent, acting or interim Commissions without
capacity at the time of the prejudice to the
commission of the offense: Constitution; and
(i.) Officials of the Executive (v.) All other national and local
branch with the position of officials with G27 or higher;
regional director or higher,
or with Salary Grade Level b. Other offenses or felonies
27 (G27) according to R.A. whether simple or complexed
6758, specifically including: with other crimes committed by
(a.) Provincial governors, the public officials and
vice-governors; Board employees mentioned in
members, provincial Subsection a in relation to their
treasurers, assessors, office;
engineers and other
provincial department c. Civil and criminal cases filed
heads; pursuant to and in connection

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
48 2005 CENTRALIZED BAR OPERATIONS

with E.O. nos. 1, 2, 14 and 14-A Disqualifications and Inhibitions:


issued in 1986. During their tenure:
1. shall not hold any other office or
2. Exclusive Original Jurisdiction over employment;
petitions for the issuance of the 2. shall not engage in the practice of
writs of mandamus, prohibitions, any profession or in the active
certiorari, habeas corpus, injunction management or control of any
and other ancillary writs and business which in any way may be
processes in aid of its appellate affected by the functions of his
jurisdiction, Provided, that office;
jurisdiction over these petitions shall 3. shall not be financially interested,
be not exclusive of the Supreme directly or indirectly, in any contract
Court; and with, or in any franchise or privilege
3. Exclusive Appellate Jurisdiction over granted by the government, or any
final judgments, resolutions or of its subdivisions, etc.;
orders of regional trial courts 4. shall not be qualified to run for any
whether in the exercise of their own office in the election immediately
original jurisdiction or of their succeeding their cessation from
appellate jurisdiction. (RA 8249) office.

V. THE OMBUDSMAN Powers, Functions and Duties:


a. Investigate any act or omission of
The champion of the citizens any public official, employee, office
and protector of the people or agency, when such act or omission
Tasked to entertain complaints appears to be illegal, unjust,
addressed to him against erring improper, or inefficient;
public officers and take all b. Direct any public official or
necessary actions thereon. employee of the Government, or any
subdivision, agency or
Composition: instrumentality thereof, as well as
An Ombudsman to be known any GOCC with original charter, to
as Tanodbayan perform or expedite any act or duty
1 overall Deputy; and required by law, or to stop, prevent,
at least 1 Deputy each for and correct any abuse or impropriety
Luzon, Vizayas and in the performance of duties.
Mindanao; c. Direct the officer concerned to take
A separate Deputy for the appropriate action against a public
military establishment may official or employee at fault, and
likewise be appointed. recommend his removal, suspension,
demotion, fine, censure, or
Qualifications of the Ombudsman and prosecution, and ensure compliance
his deputies: therewith.
1. natural born citizen; d. Direct the officer concerned, in any
2. at least 40 years old; appropriate case, and subject to
3. of recognized probity and such limitation as may be provided
independence; by law, to furnish it with copies of
4. member of the Philippine Bar; documents relating to contracts or
and transactions entered into by his
5. must not have been candidates office involving the disbursement or
for any elective office in the use of public funds or properties,
immediately preceding election. and report any irregularity to the
COA for appropriate action.
Term of Office: e. Request any government agency for
7 years without reappointment. assistance and information necessary
in the discharge of its responsibilities
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
49

M EMORY A ID IN P OLITICAL L AW

and examine, if necessary, recommend suspension. The latter is


pertinent records and documents. a suspension as a penalty; preventive
f. Publicize matters covered by its suspension is not a penalty (Bernas,
investigation when circumstances so The 1987 Constitution A Reviewer-
warrant and with due process. Primer, 2002. Ed., Citing, Buenesada
g. Determine the causes if inefficiency, vs. Flavier , 226 SCRA 645)
red tape, mismanagement, fraud and
corruption and to make V. ILL-GOTTEN WEALTH
recommendations for their
elimination and observance of high - the right of the State to recover
standards of ethics and efficiency. properties unlawfully acquired by public
h. Promulgate its rules of procedure officials or employee, from them or from
and exercise such other powers or their nominees or transferees, shall not
perform such function or duties as be barred by prescription, laches or
may be provided by law. (Sec. 13, estoppel (Sec. 15, Art. XI) but it applies
Art. XI) only to civil actions and not to criminal
i. The Office of the Ombudsman shall cases. (Presidential Ad Hoc Fact-Finding
enjoy fiscal autonomy. Its approved Committee on Behest Loans v. Disierto,
annual appropriations shall be GR No.130140, October 25, 1999)
automatically and regularly
released. (Sec. 14, Art XI)
Article XII :
- The Constitution and RA 6770 (The NATIONAL ECONOMY AND PATRIMONY
Ombudsman Act of 1989) has
endowed the Office of the I. GOALS OF THE NATIONAL ECONOMY
Ombudsman with a wide latitude of (SEC.1, ART. XII)
investigatory and prosecutory power 1. more equitable distribution of
virtually free from legislative, wealth;
executive or judicial intervention. 2. increased wealth for the benefit of
The Supreme Court consistently the people; and
refrains from interfering with the 3. increased productivity.
exercise of its powers, and respects II. REGALIAN DOCTRINE
the initiative and independence (JURA REGALIA)
inherent in the Ombudsman who, - universal feudal theory that all
beholden to no one, acts as the lands were held from the Crown
champion of the people and the (Holmes, Cario v. Insular Government,
preserver of the integrity of public 212 US 449).
service. (Loquias v. Office of the Exception: any land in the
Ombudsman, GR No. 139396, August possession of an occupant and of his
15, 2000) predecessors-in-interest since time
immemorial. (Oh Cho v. Director of
- The Ombudsman is clothed with Land, 75 Phil 890);
authority to conduct preliminary
investigation and prosecute all The 1987 Constitution reaffirmed
criminal cases involving public the Regalian doctrine in Sec. 2,
officers and employees, not only Art. XII. (Cruz v. Secretary of
those within the jurisdiction of the DENR, G.R. No. 135385,
Sandiganbayan but those within the December 6, 2000).
jurisdiction of the regular courts as
well. (Uy v. Sandiganbayan, GR No. All lands of the public domain,
105965-70, March 20, 2001). waters, minerals, coal,
petroleum and other mineral
- The power to investigate also oils, all forces of potential
includes the power to impose energy, fisheries, forests, or
preventive suspension. This is timber, wildlife, flora and fauna,
different from the power to and natural resources belong to

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
50 2005 CENTRALIZED BAR OPERATIONS

the state. With the exception of lease not more than 500 hectares.
agricultural lands, all other Private corporations may lease not
natural resources shall not be more than 1,000 hectares for 25
alienated. (Sec. 2, Art. XII). years renewable for another 25
years;
Classification of Lands of the Public 4. Certain areas of investment:
Domain (Sec. 3, Art. XII) reserved for Filipino citizens or
1. agricultural entities with 60 % FC, although
2. forest timber; Congress may provide for higher
3. mineral lands; and percentage;
4. national parks. 5. grant of rights, privileges and
concessions covering national
Requirement of Reclassification or economy and patrimony, State shall
Conversion: positive act of government; give preference to qualified
mere issuance of title not enough Filipinos; and
(Sunbeam Convenience Food v. Court of 6. Franchise, certificate or any other
Appeals, 181 SCRA 443). form of authorization for the
operation of a public utility: only to
III. FILIPINIZED ACTIVITIES REGARDING Filipino citizens or entities with 60%
THE NATIONAL ECONOMY AND FC;
PATRIMONY: such franchise, etc., shall not be
1. co-production, joint venture or exclusive, nor for period longer
production sharing agreement for than 50 years and subject to
exploration, development and amendment, alteration or repeal
utilization (EDU) of natural by Congress; all executive and
resources: Filipino citizens or managing officers must be
entities (read: corporations or Filipino citizens.
associations) with 60% Filipino
capitalization;
Exception: For large-scale EDU of
minerals, petroleum and other IV. PRIVATE LANDS
mineral oils, the President may enter
into agreements with foreign-owned General Rule: no private land shall be
corporations involving technical or transferred or conveyed except to
financial assistance. individual, corporations or associations
- These agreements refer to qualified to acquire or hold lands of the
service contracts which involve public domain.
foreign management and
operation provided that the Exceptions:
Government shall retain that 1. foreigners who inherit through
degree of control sufficient to intestate succession;
direct and regulate the affairs of 2. former natural-born Filipino citizen
individual enterprises and may be a transferee of private lands
restrain undesired activities (La subject to limitations provided by
Bugal-Blaan Tribal Assoc., et al. law.
vs. Secretary, DENR, et al., G.R. 3. ownership in condominium units.
No. 127882, December 1, 2004) 4. Parity right agreement, under the
1935 Constitution
2. use and enjoyment of nations
marine wealth within territory: Stewardship Doctrine Private property
Exclusively for Filipino citizens; is supposed to be held by the individual
3. Alienable lands of the public only as a trustee for the people in
domain: Only Filipino citizens may general, who are its real owners.
acquire not more than 12 hectares
by purchase, homestead or grant, or
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
51

M EMORY A ID IN P OLITICAL L AW

VI. TEMPORARY TAKE OVER OF which recognizes the right of farmers


BUSINESS AFFECTED WITH PUBLIC and regular farm workers who are
INTEREST landless to own the land they till, and a
just share of other or seasonal farm
They State may: workers in the fruits of the land;
1. In times of national emergency, - based on the Aristotelian notion of
2. when the public interest so requires, giving each one what is due him on
3. during the emergency and under the basis of personal worth and
reasonable terms prescribed by it, value, and not merely what he has
and contracted for.
4. temporarily take over or direct the
operation of any privately owned Rights of Labor Guaranteed
public utility or business affected by the Constitution (Sec. 3, Art. XIII)
with public interest. (Sec. 17, Art. 1. full protection to labor;
XII) 2. promotion of full employment and
equality of employment opportunity
The temporary takeover by the to all;
government extends only to the 3. guarantee of right of workers to self-
operation of the business and not to organization;
the ownership thereof. As such the 4. collective bargaining and
government is not required to negotiations;
compensate the private entity- 5. peaceful concerted activities
owner of the said business as there including the right to strike in
is no transfer of ownership, accordance with law;
whether permanent or temporary. 6. right to security of tenure;
The private entity-owner affected by 7. right to human conditions of work;
the temporary takeover cannot, 8. right to participate in policy and
decision-making affecting their
rights and benefIts.

Article XIV : EDUCATION


likewise, claim just compensation for
the use of the said business and its Principal Characteristic of Education
properties as the temporary takeover by which State must Promote and Protect:
the government is in exercise of its 1. quality education;
police power and not of its power of 2. affordable education [Sec.1,
eminent domain. (Agan vs. PIATCO, G.R. Art.XIV];
No. 155001, May 5, 2003) 3. education that is relevant to the
needs of the people [Sec.2(1),
Art.XIV].
Article XIII : SOCIAL JUSTICE AND
HUMAN RIGHTS Nationalized Educational Activities:
1. ownership, except those established
Social Justice as Envisioned by the by religious groups and mission
Constitution boards;
equitable diffusion of wealth and 2. control and administration; and
political power for common good; 3. student population [Sec.4(2),
regulation of acquisition, ownership, Art.XIV].
use and disposition of property and
its increments; and Aspects of Academic Freedom:
creation of economic opportunities
based on freedom of initiative and 1. to the institution to provide that
self-reliance (Sec. 1 and 2, Art. XIII). atmosphere which is most conducive
to speculation, experimentation and
Distributive Justice the attainment of creation;
a more equitable distribution of land

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
52 2005 CENTRALIZED BAR OPERATIONS

Freedom to determine for itself on then, it is a suit against the


academic grounds: State (Nachura, Reviewer in
a. who may teach; Political Law, p. 20).
b. what may be taught;
c. how shall it be taught; and A suit is against the state,
d. who may be admitted to study regardless of who is named as
(Miriam College Foundation v. defendant, if it produces adverse
CA, GR No. 127930, December consequences on the public
15, 2000); treasury, whether in the
disbursement of funds or loss of
- As part of its constitutionally property, the public official
enshrined academic freedom, the proceeded against not being
University of the Philippines has the liable in his personal capacity.
prerogative to determine who may (Begosa v. Chairman, Phil.
teach its students. The Civil Service Veterans Adm. 32 SCRA 466)
Commission has no authority to force
it to dismiss a member of its faculty Forms of Consent:
even in the guise of enforcing Civil 1. Express consent
Service Rules.(UP v. Civil Service a. general law
Commission, GR No.132860, April 3, (i.) Act No. 3083 and CA 327 as
2001) amended by Secs. 49-50, PD
1445: money claims arising
2. to the faculty - from contracts first filed
a. freedom in research and in the with COA before suit may be
publication of the results, filed in court;
subject to the adequate (ii.) Art. 2180, NCC: tort
performance of his other committed by special agent;
academic duties; (iii.) Art. 2189, NCC: LGUs liable
b. freedom in the classroom in for injuries or death caused
discussing his subject, less by defective condition of
controversial matters which bear roads xxx or public works
no relation to the subject; under their control (City of
c. freedom from institutional Manila vs Teotico, 22 SCRA
censorship or discipline, limited 267)
by his special position in the (iv.) Sec. 22 (2) of RA 7160 (LGC
community. of 1991): LGUs have power
3. to the student - right to enjoy in to sue and be sued;
school the guarantee of the Bill of (v.) Sec. 24 of LGC, LGUs and
rights (Non v. Dames, 185 SCRA 523). their officials are not
exempt from liability for
death or injury or damage to
Article XVI : property.
STATE IMMUNITY FROM SUIT b. special law (Merritt v.
Government of the Philippine
Basis: The state may not be sued Islands, 34 Phil., 311).
without its consent. (Sec. 3, Art.
XVI). 2. implied consent
a. when State commences litigation
Test to determine if suit is against becomes vulnerable to
State: counterclaim; (Froilan v. Pan
If the enforcement of the Oriental Shipping, GR No. L-6060
decision rendered against the Sept. 30, 1950)
public officer or agency b. State enters into a business
impleaded will require an contract
affirmative act from State,
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
53

M EMORY A ID IN P OLITICAL L AW

Jure Gestonis - by right of economic or good and welfare, affecting


business relations, may be the public in general, not
sued (US v. Guinto, 182 SCRA suable (Balquera v. Alcala,
644); 295 SCRA 366).
Jure Imperii - by right of
sovereign power, in the 2. Unincorporated -
exercise of sovereign a. performs governmental
functions. No implied functions: not suable without
consent (US v. Ruiz, 136 State consent even if performing
SCRA 487). proprietary function incidentally
c When it would be inequitable (Bureau of Printing v. Bureau of
for the state to claim immunity Printing Employees Association,
(Amigable v. Cuenca, 43 SCRA 1 SCRA 340).
360) b. performs proprietary functions:
suable (Civil Aeronautics
Scope of Consent: Consent to be sued Administration v. CA, 167 SCRA
does not include consent to the 28).
execution of judgment against it. Such
execution will require another waiver, Rules Regarding Garnishment or Levy
because the power of the court ends of Government Funds in Government
when the judgment is rendered, since Depository:
government funds and properties may
not be seized under writs of execution or General Rule: government funds
garnishment, unless such disbursement is deposited with PNB or authorized
covered by the corresponding depositories cannot be subject to
appropriation as required by law garnishment.
(Republic v. Villasor, 54 SCRA 84).
1. Under Act No. 3083 Exceptions: where law or ordinance has
Ordinary rule for execution will already been acted appropriating a
not apply after money judgment specific amount to pay a valid
against the government, for the governmental obligation. (Municipality
consent to be sued is only up to of San Miguel, Bulacan v. Fernandez,
the point of judgment G.R. No. L-61744. June 25, 1984); funds
2. Under a charter belonging to government corporations
May be enforced by a writ of which can sue and be sued that are
execution because consent is deposited with a bank (PNB v. Pabalan,
until the satisfaction of the 83 SCRA 595).
money judgment.
Rules Regarding Payment of Interests
Rules Regarding Government Agencies: by Government in Money Judgments
1. Incorporated (GOCC) Against It:
if its charter provides that it has the
right to sue and be sued, it is an General Rule: Government cannot be
express consent and it is made to pay interests;
suable.(SSS v. CA, 120 SCRA 707);
if its charter is silent, inquire into Exceptions:
its function based on the purpose 1. eminent domain;
for which it was created.(Malong 2. erroneous collection of taxes; or
v. PNR, 138 SCRA 63) 3. where government agrees to pay
(i.) propriety if the purpose is to interest pursuant to law.
obtain special corporate
benefits or earn pecuniary
profit, suable; Article XVII: PROCEDURE IN AMENDING
(ii.) governmental if it is in the THE CONSTITUTION
interest of health, safety and
for the advancement of public Steps in Amendatory Process:

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
54 2005 CENTRALIZED BAR OPERATIONS

purpose; Indirect Initiative


1. Proposal the exercise of initiative by
the people through a
i. Congress acting as Constituent proposition sent to Congress
Assembly or the local legislative body
for action (Sec 2, RA6735).
(i.) Direct proposal vote of
of all its members no amendment in this manner
shall be authorized within 5
(ii.) by calling a Constitutional years following the ratification
Convention called either of this Constitution (February 2,
by: 1987) nor more often than once
every 5 years.
(iia.) 2/3 vote of all the
members of the RA 6735 (System of Initiative and
Congress; or Referendum) does not authorize
a system of initiative to amend
(iib.) a majority vote of all the Constitution. The law was
the members of deemed sufficient to cover only
Congress, with the the systems of initiative on
question of whether or national and local legislation
not to call a because:
constitutional Sec. 2 on the Statement
convention to be of Policies of the Act does
resolved by the people not suggest an initiative on
in a plebiscite (Sec. 3, the Amendments to the
Art. XVII) Constitution;
Sec. 5 of the Act does
If Congress, acting as a not provide for the contents
Constituent Assembly, omits of the provision for initiative
to provide for the on the Constitution;
implementing details,
Congress, acting as a
Legislative Assembly this That the Act does not
time, can enact the provide a sub-title for
necessary implementing initiative on the Constitution
legislation to fill in the simply means that the main
gaps.(Imbong v. Ferrer, G.R. thrust of the Act is initiative
No. L-32432. September 11, and referendum on National
1970). and Local Laws. (Defensor-
Santiago v. Comelec, GR No.
b. by the people through Initiative 127325, March 17, 1997).
by a petition of at least 12% of
the total number of registered PROPOSAL CON- PROPOSAL
voters, of which every legislative BY CON BY
district must be represented by CONGRESS PEOPLE
at least 3% of the registered
voters therein. For both For both For
Initiative the power of the Amendments amendments amendments
people to propose and and only!
amendments to the Revisions Revisions
Constitution or to propose
and enact legislation through
an election called for the

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
55

M EMORY A ID IN P OLITICAL L AW

AMENDMENT REVISION

Alteration of one or Reexamination of the


a few specific and entire Constitution or
isolated provisions an important cluster
of the Constitution of provisions in the
Constitution

2. Ratification

- Proposed amendment(s) shall be


submitted to the people and shall be
deemed ratified by majority of the votes
cast in a plebiscite, held not earlier than
60 days nor later than 90 days:

a. after approval of the proposal by


Congress or ConCon, or;

b. after certification by the


COMELEC of sufficiency of
petition of the people.

Doctrine of Proper Submission


plebiscite may be held on the same day
as regular election.(Gonzales v.
Comelec, 21 SCRA 774) provided the
people are sufficiently informed of the
amendments to be voted upon, to
conscientiously deliberate thereon, to
express their will in a genuine manner.

Submission of piece-meal
amendments is unconstitutional. All
the amendments must be submitted
for ratification at one plebiscite
only. The people have to be given a
proper frame of reference in arriving
at their decision. They have no idea
yet of what the rest of the amended
constitution would be. (Tolentino v.
Comelec, G.R. No. L-34150. October
16, 1971).
Questions as to amendments are now
subject to Judicial review. (Sanidad
v. Comelec, 78 SCRA 332)

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
56 2005 CENTRALIZED BAR OPERATIONS

ADMINISTRATIVE LAW
MAKING POWER
ADMINISTRATIVE LAW In exercise of delegated legislative
- Branch of public law that fixes the power, involving no discretion as to
organization of the government and what law shall be, but merely
determines competence of authorities authority to fix details in execution
who execute the law and indicates to or enforcement of a policy set out in
the individual remedies for the violations law itself.
of his rights. Kinds:
1. Legislative regulation
I. ADMINISTRATIVE BODIES OR a. Supplementary or detailed
AGENCIES legislation, e.g. Rules and
Regulations Implementing
- A body, other than the courts and the Labor Code;
the legislature, endowed with quasi- b. Contingent regulation
legislative and quasi-judicial powers for 2. Interpretative legislation, e.g.
the purpose of enabling it to carry out BIR Circulars
laws entrusted to it for enforcement or
execution. Requisites for valid exercise:
1. Issued under authority of law;
How Created:
1. by constitutional provision;
2. by legislative enactment; and 2. Within the scope and purview of the
3. by authority of law. law;
3. Promulgated in accordance with the
II. POWERS OF ADMINISTRATIVE prescribed procedure:
BODIES: a. notice and hearing generally,
1. Quasi-legislative or rule-making not required; only when:
power; i. the legislature itself requires
2. Quasi-judicial or adjudicatory it and mandates that the
power; and regulation shall be based on
3. Determinative powers. certain facts as determined
at an appropriate
A. QUASI-LEGISLATIVE OR RULE- investigation;
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
57

M EMORY A ID IN P OLITICAL L AW

ii. the regulation is a applicability specific


settlement of a controversy situation
between specific parties;
considered as an 3. prospective; it 3. present
administrative adjudication envisages the determination
(Cruz, Philippine promulgation of of rights,
Administrative Law, p.42 - a rule or privileges or
43); or regulation duties as of
generally previous or
iii. the administrative rule is in
applicable in the present time or
the nature of subordinate future occurrence
legislation designed to
implement a law by
providing its details (CIR v.
Court of Appeals, 261 SCRA B. QUASI-JUDICIAL OR ADJUDICATORY
236). POWER
b. publication Proceedings partake of nature of
4. Reasonable judicial proceedings.
Administrative body granted
Requisites for Validity of authority to promulgate its own
Administrative Rules With Penal rules of procedure.
Sanctions:
1. law itself must declare as punishable Two necessary conditions:
the violation of administrative rule 1. due process; and
or regulation; 2. jurisdiction
2. law should define or fix penalty
therefor; and Includes the following powers:
3. rule/regulation must be published. 1. Prescribe rules of procedure
2. Subpoena power
Doctrine of Subordinate Legislation 3. Contempt Power
power of administrative agency to
promulgate rules and regulations on Administrative Due Process:
matters of their own specialization. 1. right to a hearing;
2. tribunal must consider evidence
Doctrine of Legislative Approval by Re- presented;
enactment - the rules and regulations 3. decision must have something to
promulgated by the proper support itself;
administrative agency implementing the 4. evidence must be substantial;
law are deemed confirmed and approved 5. decision must be based on evidence
by the Legislature when said law was re- adduced at hearing or at least
enacted by later legislation or through contained in the record and
codification. The Legislature is presumed disclosed to parties;
to have full knowledge of the contents of 6. board of judges must act on its
the regulations then at the time of re- independent consideration of facts
enactment. and law of the case, and not simply
accept view of subordinate in
QUASI- QUASI- arriving at a decision; and
LEGISLATIVE JUDICIAL 7. decision must be rendered in such a
FUNCTIONS FUNCTIONS manner that parties to controversy
can know various issues involved and
1. consists of 1. refers to its reason for decision rendered.(Ang
issuance of rules end product Tibay vs CIR, 69 Phil 635)
and regulations called order,
reward or Substantial Evidence relevant
decision evidence as a reasonable mind might
accept as adequate to support a
2. general 2. applies to a
conclusion.
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
58 2005 CENTRALIZED BAR OPERATIONS

3. dispensing to relax the general


Administrative Determinations Where operation of a law or to exempt from
Notice and Hearing Not Necessary: general prohibition, or relieve an
1. summary proceedings of distraint individual or a corporation from an
and levy upon property of delinquent affirmative duty;
taxpayer; 4. examining - also called investigatory
2. grant of provisional authority for power;
increase of rates, or to engage in 5. summary power to apply
particular line of business; compulsion or force against persons
3. cancellation of passport where no or property to effectuate a legal
abuse of discretion is committed; purpose without judicial warrants to
4. summary abatement of nuisance per authorize such actions.
se which affects safety of persons or
property; III. EXHAUSTION OF
5. preventive suspension of officer or ADMINISTRATIVE REMEDIES
employee pending investigation; and Whenever there is an available
6. grant or revocation of licenses for administrative remedy provided
permits to operate certain by law, no judicial recourse can
businesses affecting public order or be made until all such remedies
morals. have been availed of and
exhausted.
Administrative Appeal or Review 1. Doctrine of Prior Resort or
1. Where provided by law, appeal from (Doctrine of Primary Administrative
administrative determination may be Jurisdiction) where there is
made to higher or superior competence or jurisdiction vested
administrative officer or body. upon administrative body to act
2. By virtue of power of control of upon a matter, no resort to courts
President, President himself or may be made before such
through Department Head may administrative body shall have acted
affirm, modify, alter, or reverse upon the matter.
administrative decision of 2. Doctrine of Finality of
subordinate. Administrative Action no resort to
3. Appellate administrative agency may courts will be allowed unless
conduct additional hearing in administrative action has been
appealed case, if deemed necessary. completed and there is nothing left
to be done in administrative
Res judicata effect of Administritve structure.
Decisions 3. Judicial Relief from Threatened
- has the force and binding effect of a Administrative Action courts will
final judgment (note: applies only to not render a decree in advance of
judicial and quasi judicial proceedings administrative action and thereby
not to exercise of administrative render such action nugatory. It is not
functions, Brillantes vs. Castro 99 Phil. for the court to stop an
497) administrative officer from
performing his statutory duty for
C. DETERMINATIVE POWERS fear he will perform it wrongly.
1. enabling permit the doing of an act
which the law undertakes to Effect of Failure to Exhaust
regulate; Administrative Remedies: as a general
2. directing order the doing or rule, jurisdiction of the court is not
performance of particular acts to affected but the complaint is vulnerable
ensure compliance with the law and to dismissal due to lack of cause of
are often exercised for corrective action.
purposes Exceptions to the Doctrine:

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
59

M EMORY A ID IN P OLITICAL L AW

1. doctrine of qualified political 4. to determine questions of facts


agency (when the respondent is a when necessary to determine
department secretary whose acts as either:
an alter ego of the President bears a. constitutional or jurisdictional
the implied and assumed approval of issue;
the latter); except where law b. commission of abuse of
expressly provides exhaustion; authority; and
2. administrative remedy is fruitless; c. when administrative fact
3. where there is estoppel on part of finding body is unduly
administrative agency; restricted by an error of law.
4. issue involved is purely legal;
5. administrative action is patently Modes of review:
illegal, amounting to lack or excess 1. Statutory;
of jurisdiction; 2. Non-statutory inherent power of
6. where there is unreasonable delay or the court to review such
official inaction; proceedings upon questions of
7. where there is irreparable injury or jurisdiction and questions of law;
threat thereof, unless judicial 3. Direct proceeding;
recourse is immediately made; 4. Collateral attack.
8. in land case, subject matter is
private land; General Rule: Findings of facts of
9. where law does not make exhaustion Administrative Agencies accorded great
a condition precedent to judicial weight by the Courts.
recourse; Exceptions to the Rule:
10. where observance of the doctrine 1. factual findings not supported by
will result in nullification of claim; evidence;
11. where there are special reasons or 2. findings are vitiated by fraud,
circumstances demanding immediate imposition or collusion;
court action; and 3. procedure which led to factual
12. when due process of law is clearly findings is irregular;
violated. 4. palpable errors are committed; and
5. grave abuse of discretion,
IV. JUDICIAL REVIEW OF arbitrariness or capriciousness is
ADMINISTRATIVE DECISIONS manifest.
When made:
1. to determine constitutionality or Brandeis Doctrine of
validity of any treaty, law, Assimilation of Facts one
ordinance, executive order, or purports to be finding of fact but
regulation; is so involved with and
2. to determine jurisdiction of any dependent upon a question of
administrative board, commission latter,courts will review the
or officer; entire case including the latter.
3. to determine any other questions law as to be in substance and
of law; and effect a decision on the .

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
60 2005 CENTRALIZED BAR OPERATIONS

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
61

M EMORY A ID IN P OLITICAL L AW

LAW ON PUBLIC OFFICERS

I.PUBLIC OFFICE Eligibility and qualification:


- right, authority and duty created two senses:
and conferred by law, by which for a 1. may refer to endowments,
given period, either fixed by law or qualities or attributes which
enduring at pleasure of creating make an individual eligible for
power, and individual is vested with public office;
some sovereign functions of 2. may refer to the act of entering
government to be exercised by him into performance of functions of
for the benefit of the public office.
public.(Fernandez vs Sto Tomas, 234
SCRA 546) Authority to prescribe qualification:
1. when prescribed by Constitution,
Elements of Public Office: (LSDIP) ordinarily exclusive, the legislature
1. created by law or ordinance may not increase or reduce
authorized by law; qualifications except when
2. possess sovereign functions of Constitution itself provides
government to be exercised for otherwise as when only minimum or
public interests; no qualifications are prescribed( ex:
3. functions defined expressly or Art XIII Sec 17 (2), Art VIII Sec 7 (2)
impliedly by law; Consti) ;
4. functions exercised by an officer 2. when office created by statute,
directly under control of law, not Congress has generally plenary
under that of a superior officer power to prescribe qualification but
unless they are functioned conferred such must be:
by law upon inferior officers, who by a. germane to purpose of office;
law, are under control of a superior; and
(duties performed independently) b. not too specific so as to refer to
and only one individual.
5. with permanency or continuity, not
temporary or occasional. III. DE FACTO OFFICERS
- one who has reputation of being an
Characteristics: officer that he assumes to be, and
-Public office is a public trust. yet is not an officer in point of law.
-Public office is not property and is
outside the commerce of man. It cannot - a person is a de facto officer where
be subject of a contract. (Cruz, Law on the duties of the office are exercised
Public Officers, p.5) under any of the following
circumstances:
II. PUBLIC OFFICERS 1. Without a known appointment or
- individuals vested with public office election, but under such
circumstances of reputation or
Classification of Public Officers: acquiescence as were calculated
1. Executive, legislative and judicial to induce people, without
officers; inquiry, to submit to or invoke
2. Discretionary or ministerial officers; his action, supposing him to the
3. Civil or military officers; be the officer he assumed to be;
4. Officers de jure or de facto; and or
5. National, provincial or municipal 2. Under color of a known and valid
officials appointment or election, but
where the officer has failed to
conform to some precedent

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
62 2005 CENTRALIZED BAR OPERATIONS

requirement or condition (e.g., color of right


taking an oath or giving a bond); without being
3. Under color of a known election technically
or appointment, void because: qualified in all
points of law to
a. the officer was not eligible;
act
b. there was a want of power in 3. cannot be 3. may be ousted in
the electing or appointing removed in a a direct
body; direct proceeding
c. there was a defect or proceeding against him.
irregularity in its exercise;
such ineligibility, want of
power, or defect being DE FACTO INTRUDER
unknown to the public. OFFICER
4. Under color of an election or an
appointment by or pursuant to a 1. officer under 1. one who takes
public, unconstitutional law, any of the 4 possession of an
before the same is adjudged to circumstances office and
be such. mentioned undertakes to
act officially
without any
Note: Here, what is unconstitutional is authority, either
not the act creating the office, but the actual or
act by which the officer is appointed to apparent
an office legally existing. (Norton v.
County of Shelby)
2. has color of 2. has neither
Requisites: right or title to lawful title nor
1. valid existing office; office color of right or
title to office
2. actual physical possession of said
office;
3. color of title to office; 3. acts are valid as 3. acts are
4. by reputation or acquiescence; to the public absolutely void
5. known or valid appointment or until such time and can be
election but officer failed to as his title to impeached in
conform with legal requirements; the office is any proceeding
6. known appointment or election but adjudged at any time
void because of ineligibility of insufficient unless and until
officer or want of authority of he continues to
act for so long a
appointing or electing authority or
time as to afford
irregularity in appointment or a presumption of
election not known to public; and his right to act
7. known appointment or election
pursuant to unconstitutional law 4. entitled to 4. not entitled to
before declaration of compensation compensation
unconstitutionality. for services
rendered
DE JURE DE FACTO
OFFICER OFFICER
Legal Effects of Acts
1. rests on the 1. on reputation - valid insofar as they affect the
right public
Entitlement to Salaries
2. has lawful or 2. has possession General Rule: rightful incumbent may
title to the and performs recover from de facto officer salary
office the duties under received by latter during time of
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
63

M EMORY A ID IN P OLITICAL L AW

wrongful tenure even though latter of the Civil Service Law and the
is in good faith and under color of rule and standards to a person
title.(Monroy v. CA, 20 SCRA 620) who has no t qualified in an
Exception: when there is no de jure appropriate examination but
public officer, de facto officer who otherwise meets the
entitled to salaries for period when requirements for appointment to
he actually discharged a regular position in the
functions.(Civil Liberties Union v. competitive service, whenever a
Exec. Sec., 194 SCRA 317) vacancy occurs and the filling
Challenge to a De Facto Officer: must be thereof is necessary in the
in a direct proceeding where the title interest of the service and there
will be the principal issue is no appropriate register of
those who are eligible at the
IV. COMMENCEMENT OF OFFICIAL time of appointment;
RELATIONS: 4. Regular made by President
1. by appointment; or while Congress is in session and
2. by election becomes effective after
nomination is confirmed by the
Appointment selection, by authority Commission on Appointments
vested with power, of individual who is and continues until the end of
to perform functions of a given office. term; and
Essentially a discretionary power 5. Ad-interim
and must be performed by the a. Recess -- made while
officer in which it is vested Congress is not in session,
according to his best lights, the before confirmation, is
only condition being that the immediately effective, and
appointee should possess the ceases to be valid if
minimum qualification disapproved or bypassed by
requirements prescribed by law CA upon next adjournment
for the position (Nachura, of Congress;
Reviewer in Political Law, p. b. Midnight made by the
305) President before his term
expires, whether or not this
Commission written evidence of is confirmed by the
appointment. Commission on
Appointments.
Designation imposition of
additional duties, usually by law, on
a person already in public office. Regular Ad interim
appointment appointment
Classification of Appointments: Made during the Made during the
1. Permanent extended to person legislative recess
possessing requisite session
qualification for the position and Made only after Made before
thus enjoys security of tenure; the nomination such
is confirmed by confirmation
2. Temporary acting the Commission
appointment, given to a non-civil on Appointments
service eligible is without a (CA)
definite tenure and is dependent Once confirmed Shall cease to be
upon the pleasure of the by the CA valid if
appointing power; continues until t disapproved by
3. Provisional- is one which may he end of the the CA or upon
be issued upon prior term of the the next
authorization of the appointee adjournment
Commissioner of Civil service in
accordance with the provisions

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
64 2005 CENTRALIZED BAR OPERATIONS

Nepotism all appointments in the A Public Officer shall not be civilly


national, provincial, city and liable for acts done in the
municipal governments or in any performance of his duties
branch or instrumentality thereof,
including GOCC, made in favor of a
relative of the (1) appointing or (2) Exceptions:
recommending authority or of the (3) 1. statutory liability under the Civil
chief of the bureau or office or of Code (Arts. 27, 32 and 34);
the (4) persons exercising immediate 2. When there is a clear showing of bad
supervision over him. A relative is faith, malice or negligence
one within the 3rd degree either of (Administrative Code of 1987);
consanguinity or affinity 3. liability on contracts; and
4. liability on tort .
Vacancy when an office is empty
and without a legally qualified Threefold Liability Rule wrongful
incumbent appointed or elected to it acts or omissions of public officers
with a lawful right to exercise its may give rise to civil, criminal, and
powers and performs its duties. administrative liability. (CAC
liability rule)
Classifications of vacancy:
1. original when an office is Liability of Ministerial Officers:
created and no one has been 1. Nonfeasance neglect or refusal to
appointed to fill it; perform an act which is officers
2. constructive when the legal obligation to perform;
incumbent has no legal right 2. Misfeasance failure to use that
or claim to continue in office degree of care, skill and diligence
and can be legally replaced required in the performance of
by another functionary; official duty; and
3. accidental when the 3. Malfeasance doing, through
incumbent having died, ignorance, inattention or malice, of
resigned, or been removed; an act which he had no legal right to
4. absolute when the term of perform.
an incumbent having expired
and the latter not having Doctrine of Command Responsibility
held over, no successor is in A superior officer is liable for acts of
being who is legally qualified a subordinate when: (ERCAL)
to assume the office. 1. he negligently or willfully employs or
retains unfit or incompetent
V. POWERS AND DUTIES OF A subordinates;
PUBLIC OFFICER: 2. he negligently or willfully fails to
1. Ministerial discharge is imperative require subordinate to conform to
and requires neither judgment nor prescribed regulations;
discretion, mandamus will lie; and 3. he negligently or carelessly oversees
2. Discretionary imposed by law business of office as to furnish
wherein officer has right to decide subordinate an opportunity for
how and when duty shall be default;
performed, mandamus will not lie. 4. he directed or authorized or
cooperated in the wrong; or
VII. LIABILITY OF PUBLIC OFFICER 5. law expressly makes him liable.

General Rule: not liable for injuries Under the Revised Admin. Code of
sustained by another as a consequence 1987, A Superior Officer shall be
of official acts done within the scope of liable for acts of subordinate officers
his authority, except as otherwise only if he has actually authorized be
provided by law.
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
65

M EMORY A ID IN P OLITICAL L AW

written order the specific act or a. by whom the proper


misconduct complained. disciplining authority may
Subordinate officers are also liable preventively suspend;
for willful or negligent acts even if b. against whom any subordinate
he acted under orders if such acts officer or employee under such
are contrary to law, morals, public authority;
policy and good customs c. when pending an investigation;
d. grounds if the charge against
Preventive Suspension such officer or employee
- a precautionary measure so involves:
that an employee who is formally i. dishonesty;
charged of an offense may be separated ii. oppression or grave
from the scene of his alleged misconduct;
misfeasance while the same is being iii. neglect in the performance
investigated (Bautista v. Peralta, 18 of duty; or
SCRA 223) iv. if there are reasons to
believe that respondent is
- need not be preceded by prior guilty of the charges which
notice and hearing since it is not a would warrant his removal
penalty but only a preliminary step in an from the service
administrative investigation (Lastimosa e. duration the administrative
v. Vasquez, 243 SCRA 497) investigation must be terminated
within 90 days; otherwise, the
- the period of preventive suspension respondent shall be
cannot be deducted from whatever automatically reinstated unless
penalty may be imposed upon the erring the delay in the disposition of
officer (CSC Resolution No. 90-1066) the case is due to the fault,
negligence or petition of the
respondent, in which case the
PENDING PENDING period of delay shall not be
INVESTIGATION APPEAL counted in computing the period
[Sec.51, E.O.292] [Sec.27(4), E.O. of suspension.
292]
A Presidential Appointee:
1. not a penalty 1. Punitive in a. can only be investigated and
but only a means character removed from office after due
of enabling the notice and hearing by the
disciplinary President of the Philippines
authority to
under the principle that the
conduct an
unhampered power to remove is inherent in
investigation. the power to appoint as can be
implied from Sec. 5, R.A.2260
2. no compensation 2. If exonerated, (Villaluz v. Zaldivar, 15 SCRA
due for the he should be 710).
period of reinstated with b. the Presidential Commission
suspension even full pay for the Against Graft and Corruption
if found innocent period of (PCAGC) shall have the power to
of the charges. suspension. investigate administrative
complaints against presidential
Rules on Preventive Suspension: appointees in the executive
department of the government,
1. Appointive Officials including GOCCs charged with
Not a Presidential Appointee (Secs. 41- graft and corruption involving
42, P.D. 807): one or a combination of the
following criteria:

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
66 2005 CENTRALIZED BAR OPERATIONS

i. presidential appointees with terminated by the Office of the


the rank equivalent to or Ombudsman but not more than 6
higher than an Assistant months without pay. The
Regional Director; preventive suspension for 6
ii. amount involved is at least months without pay is thus
P10M; according to law (Lastimosa v.
iii. those which threaten Vasquez, 243 SCRA 497)
grievous harm or injury to - R.A. 3019 makes it mandatory for
the national interest; and the Sandiganbayan to suspend, for
iv. those which may be assigned a maximum period of 90 days
to it by the President (E.O. unless the case is decided within a
No. 151 and 151-A). shorter period, any public officer
2. Elective Officials: (Sec 63, R.A. against whom a valid information
7160) is filed charging violation of:
a. by whom against whom 1. R.A. 3019;
i. President elective official 2. Book II, Title 7, Revised Penal
of a province, a highly Code; or
urbanized or an independent 3. offense involving fraud upon
component city; government or public funds or
ii. Governor elective official property (Cruz, The Law of
of a component city or Public Officers, pp. 86-87)
municipality;
iii. Mayor elective official of a VII. RIGHTS OF PUBLIC OFFICERS:
barangay
b. when at any time after the 1. Right to Office just and legal claim
issues are joined; to exercise powers and
c. grounds: responsibilities of the public
i. reasonable ground to believe office.
that the respondent has Term period during which
committed the act or acts officer may claim to hold
complained of; office as a right.
ii. evidence of culpability is Tenure period during which
strong; officer actually holds office.
iii. gravity of the offense so
warrants; 2. Right to Salary
iv. continuance in office of the Basis: legal title to office and
respondent could influence the fact the law attaches
the witnesses or pose a compensation to the office.
threat to the safety and Salary compensation provided
integrity of the records and to be paid to public officer
other evidence for his services.
d. duration: Preventive Suspension public
i. single administrative case officer not entitled during the
not to extend beyond 60 period of preventive suspension,
days; but upon exoneration and
ii. several administrative cases reinstatement he must be paid
not more than 90 days full salaries and emoluments
within a single year on the during such period.
same ground or grounds
existing and known at the Back salaries are also payable to
time of the first suspension an officer illegally dismissed or
- Section 24 of the Ombudsman otherwise unjustly deprived of
Act (R.A. 6770) expressly provide his office the right to recover
that the preventive suspension accruing from the date of
shall continue until the case is
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
67

M EMORY A ID IN P OLITICAL L AW

deprivation. The claim for back officer next in rank if he fills


salaries must be coupled with a vacancy by promotion in
claim for reinstatement and disregard of the next in rank
subject to the prescriptive rule. (Pineda vs. Claudio, 28
period of one (1) year. (Cruz, SCRA 34)
Law on Public Officers, p126-
126) Automatic Reversion Rule all
appointments involved in chain of
Forms of Compensation: promotions must be submitted
a. salary personal simultaneously for approval by
compensation to be paid to the Commission, the disapproval
public officer for his services of the appointment of a person
and it is generally a fixed proposed to a higher position
annual or periodical payment invalidates the promotion of
depending on the time and those in the lower positions and
not on the amount of the automatically restores them to
service he may render; their former positions.
b. per diem allowance for
days actually spent in the 4. Right to vacation leave and sick
performance of official leave with pay;
duties;
c. honorarium something 5. Right to maternity leave;
given as not as a matter of
obligation, but in 6. Right to pension and gratuity;
appreciation for services Pension regular allowance paid
rendered; to an individual or a group of
d. fee payment for services individuals by the government in
rendered or on commission consideration of services
on moneys officially passing rendered or in recognition of
through their hands; and merit, civil or military.
e. emoluments profits arising Gratuity a donation and an act
from the office, received as of pure liberality on the part of
compensation for services or the State.
which is annexed to the
office as salary, fees, or 7. Right to retirement pay;
perquisites.
8. Right to reimbursement for expenses
3. Right to Preference in Promotion incurred in performance of duty;
Promotion movement from one
position to another with increase 9. Right to be indemnified against any
in duties and responsibilities as liability which they may incur in
authorized by law and usually bona fide discharge of duties; and
accompanied by an increase in
pay. 10. Right to longevity pay.

Next-in-Rank Rule the person 11. Right to Self-Organization


next in rank shall be given Art III, Sec 8 1987Consti. Note: Civil
preference in promotion when the servants are now given the right to self
position immediately above his is organize but they may not stage strikes
vacated. But the appointing (see: SSS Employees Assoc. vs. CA, 175
authority still exercises his SCRA 686)
discretion and is not bound by
this rule.
Appointing officer is only VIII. MODES OF TERMINATION
required to give special OFFICIAL RELATIONSHIP:
reasons for not appointing (TR3A3P DIFC2IT)

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
68 2005 CENTRALIZED BAR OPERATIONS

1. expiration of term or tenure; a. President and Vice-President -


2. reaching the age limit; Congress
3. resignation; b. Members of Congress -
4. recall; respective Chambers
5. removal; e. Governors, Vice Governors,
6. abandonment; Mayors and Vice Mayors of HUCs
7. acceptance of incompatible office; and independent component
8. abolition of office; cities - President.
9. prescription of right to office (within f. Municipal Mayors and Vice
one year after the cause of ouster or Mayors/City Mayors and Vice
the right to hold such office or Mayors of component cities -
position arose); Provincial Governor;
10. impeachment; g. Sanggunian Members
11. death; Sanggunian concerned; and
12. failure to assume elective office h. Elective Barangay Officials
within 6 months from proclamation; Municipal or City Mayors
13. conviction of a crime; and
14. filing of certificate of candidacy. Recall - termination of official
relationship for loss of confidence
When public officer holds office at prior to expiration of his term
pleasure of appointing power, his through the will of the people.
replacement amounts to expiration
of his term, not removal.(Alajar vs Limitations on Recall:
Alba, 100 Phil 683) 1. any elective official may be subject
of a recall election only once during
Principle of Hold-Over if no express or his term of office for loss of
implied Constitutional or statutory confidence; and
provision to the contrary, public officer 2. no recall shall take place within one
is entitled to hold office until successor year from date of the officials
has been chosen and shall have assumption to office or one year
qualified. immediately preceding a regular
Purpose: to prevent hiatus in public local election.
office. (But subject to Art. 237 of
RPC) Procedure for Recall (Secs. 70-72, R.A.
7160)
Retirement: 1. Initiation of the Recall Process:
Members of Judiciary : 70 years of a. by a Preparatory Recall
age Assembly (PRA) composed of:
Other government officers and i. Provincial mayors, vice
employees : 65 years of age mayors and sanggunian (sg)
Optional retirement age: after members of the
rendition of minimum number of municipalities and
years of service. component cities;
ii. City punong barangay and
Accepting Authority for Resignation: (sg) barangay members;
1. to competent authority provided by iii. Legislative District:
law; iiia. SG Panlalawigan
2. If law is silent and public officer is municipal officials in
appointed, tender to appointing the district;
officer; iiib. SG Panglunsod
3. If law is silent and public officer is barangay officials in
elected, tender to officer authorized the district;
by law to call election to fill iv. Municipal - punong barangay
vacancy: and (sg) barangay members;

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
69

M EMORY A ID IN P OLITICAL L AW

majority of the PRA


members shall convene in
session in a public place;
recall of the officials
concerned shall be validly
initiated through a resolution
adopted by a majority of all
the PRA members concerned 3. Election on Recall COMELEC shall
b. by the Registered Voters (RV) in set the date of the election on
the province, city, municipality recall:
or barangay (LGU) concerned - a. for barangay, city or municipal
at least 25% of the total number officials not later than 30 days
of RV in the LGU concerned after the filing of the resolution
during the election in which the or petition;
local official sought to be b. for provincial officials - not later
recalled was elected; than 45 days after the filing of
i. written petition filed with the resolution or petition;
the COMELEC in the presence 4. Effectivity of Recall only upon the
of the representative of the election and proclamation of a
petitioner and a successor in the person of the
representative of the official candidate receiving the highest
sought to be recalled, and in number of votes cast during the
a public place of the LGU; election on recall.
ii. COMELEC shall cause the Should the official sought to be
publication of the petition in recalled receive the highest
a public and conspicuous number of votes, confidence in
place for a period of not less him is thereby affirmed, and he
than 10 days nor more than shall continue in office.
20 days
iii. upon lapse of the said
period, COMELEC shall
announce the acceptance of
candidates and shall prepare
the list of candidates which
shall include the name of the
official sought to be recalled

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
70 2005 CENTRALIZED BAR OPERATIONS

ELECTION LAW

I.SUFFRAGE election results in a failure


- right to vote in election of to elect on account of force
officers chosen by people and in majeure, violence,
the determination of questions terrorism, fraud or other
submitted to people. It includes: analogous causes. (Joseph
1. election; Peter Sison v. COMELEC,
2. plebiscite; G.R. No. 134096, March 3,
3. initiative; and 1999)
4. referendum.
What is common in these
Election means by which people three instances is the
choose their officials for a definite resulting failure to elect. In
and fixed period and to whom they the first instance, no
entrust for time being the exercise election is held while in the
of powers of government. second, the election is
Kinds: suspended. In the third
1. Regular election one provided instance, circumstances
by law for election of officers attending the preparation,
either nationwide or in certain transmission, custody or
subdivisions thereof, after canvass of the election
expiration of full term of former returns cause a failure to
members; and elect. The term failure to
2. Special election one held to fill elect means nobody emerged
vacancy in office before as a winner. (Pasandalan vs.
expiration of full term for which Comelec, G.R. No. 150312,
incumbent was elected. July 18, 2002)
The causes for the
Failure of Elections there are declaration of a failure of
only 3 instances where a failure of election may occur before or
elections may be declared, namely: after the casting of votes or
a. The election in any polling on the day of the election.
place has not been held on (Sec. 4, R.A. 7166)
the date fixed on account of The COMELEC shall call for
force majeure, violence, the holding or continuation
terrorism, fraud, or other of the election on a date
analogous causes; reasonably close to the date
b. The election in any polling of the election not held,
place had been suspended suspended, or which resulted
before the hour fixed by law in a failure to elect but not
for the closing of the voting later than 30 days after the
on account of force cessation of the cause of
majeure, violence, such suspension or failure to
terrorism, fraud, or other elect. (Sec. 6, B.P. 881)
analogous causes; and In such election, the location
c. After the voting and during of polling places shall be the
the preparation and same as that of the
transmission of the election preceding regular election.
returns or in the custody or However, changes may be
canvass thereof such initiated by written petition
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
71

M EMORY A ID IN P OLITICAL L AW

of the majority of the voters expiration of 5 years after service of


of the precinct or agreement sentence; and
of all the political parties or 3. insane or incompetent persons as
by resolution of the Comelec declared by competent authority
after notice and hearing. (Sec. 118, OEC).
(Cawasa vs. Comelec, G.R.
No. 150469, July 3, 2002) II. POLITICAL PARTY
- organized group of citizens
Postponement of Elections - An advocating an ideology or platform,
election may be postponed by the principles and policies for the general
COMELEC either motu proprio or upon conduct of government and which, as
a verified petition by any interested the most immediate means of securing
party when there is violence, their adoption, regularly nominates and
terrorism, loss or destruction of supports certain of its leaders and
election paraphernalia or records, members as candidate in public office.
force majeure, or other analogous (Bayan Muna v. Comelec, GR No. 147613,
cause of such a nature that the June 28, 2001)
holding of a free, orderly and honest
election becomes impossible in any To acquire juridical personality
political subdivision. (Sec. 5, B.P. and to entitle it to rights and
881) privileges granted to political
parties, it must be registered
The COMELEC shall call for the with COMELEC
holding of the election on a date
reasonably close to the date of policies for the general conduct
the election not held, of government and which, as the
suspended, or which resulted in most immediate means of
a failure to elect but not later securing their adoption,
than 30 days after the cessation regularly nominates and supports
of the cause for such certain of its leaders and
postponement or suspension of members as candidate in public
the election or failure to elect. office. (Bayan Muna v. Comelec,
(Sec. 5, B.P. 881) GR No. 147613, June 28, 2001)

Qualification for Suffrage: To acquire juridical personality


1. Filipino citizen; and to entitle it to rights and
2. At least 18 years of age; privileges granted to political
3. Resident of the Philippines for at parties, it must be registered
least one year; with COMELEC.
4. Resident of place where he proposes
to vote for at least 6 months; and Groups Disqualified for Registration:
5. Not otherwise disqualified by law. 1. religious denominations or sects;
2. those who seek to achieve their
Disqualification: goals through violence or unlawful
1. person convicted by final judgment means;
to suffer imprisonment for not less 3. those who refuse to uphold and
than 1 year, unless pardoned or adhere to Constitution; and
granted amnesty; but right 4. those supported by foreign
reacquired upon expiration of 5 governments.
years after service of sentence;
2. person adjudged by final judgment Grounds for Cancellation of
of having committed any crime Registration:
involving disloyalty to government or
any crime against national security; 1. accepting financial contributions
but right is reacquired upon from foreign governments or their
agencies; and

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
72 2005 CENTRALIZED BAR OPERATIONS

2. failure to obtain at least 10% of association organized for


votes casts in constituency where religious purposes;
party fielded candidates. b. it advocates violence or unlawful
means to seek its goals;
c. it is a foreign party or
organization;
Party System a free and open party d. it is receiving support from any
system shall be allowed to evolve foreign government, foreign
according to free choice of people. political party, foundation,
no votes cast in favor of political organization, whether directly or
party, organization or coalition through any of its officers or
shall be valid except for those members or indirectly through
registered under the party-list third parties for partisan
system provided in the election purposes;
Constitution; e. it violates or fails to comply with
political parties registered under laws, rules or regulation relating
party-list system shall be to elections;
entitled to appoint poll watchers f. it declares untruthful statements
in accordance with law; and in its petition;
part-list representatives shall g. it has ceased to exist for at least
constitute 20% of total number one (1) year; or
of representatives in the House. h. it fails to participate in the last
two (2) preceding elections or
Guidelines for screening party-list fails to obtain at least two per
participants centum (2%) of the votes cast
1. The political party, sector, under the party-list system in
organization or coalition must two (2) preceding elections for
represent the marginalized and the constituency in which it has
underrepresented groups identified registered.
in Sec. 5 of RA 7941. Majority of its 5. the party or organization must not
member-ship should belong to the be an adjunct of, or a project
marginalized and underrepresented; organized or an entity funded or
2. While even major political parties assisted by, the government.
are expressly allowed by RA 7941 6. the party, including its nominees
and the Constitution, they must must comply with the qualification
comply with the declared statutory requirements of section 9, RA 7941
policy of Filipino citizens belonging as follows: No person shall be
to marginalized and under- nominated as party-list
represented sectors to be elected to representative unless he is: (a)
the House of Representatives. natural-born citizen of the
Thus, they must show that they Philippines; (b) a registered voter;
represent the interest of the (c) a resident of the Philippines for a
marginalized and underrepresented. period of not less than one year
3. That religious sector may not be immediately preceding the day of
represented in the party-list system; the election; (d) able to read and
except that priests, imam or pastors write; (e) a bona fide member of the
may be elected should they party or organization which he seeks
represent not their religious sect but to represent for at least 90 days
the indigenous community sector; preceding the day of the election;
4. A party or an organization must not and (f) at least 25 years of age on
be disqualified under Sec. 6, RA 7941 the day of the election. In case of a
as follows: nominee of the youth sector, he
a. it is a religious sect or must at least be twenty five (25) but
denomination, organization or not more than thirty (30) years of
age on the day of the election. Any
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
73

M EMORY A ID IN P OLITICAL L AW

youth sectoral representative who COMELEC may motu propio


attains the age of thirty (30) during or upon petition of
his term shall be allowed to continue interested party, refuse to
in office until the expiration of his give due course to or cancel
terms; certificate of candidacy if
shown that said certificate
was filed:
7. not only the candidate party or 1. to put election process in mockery or
organization must represent disrepute;
marginalized and underrepresented 2. to cause confusion among voters by
sectors, so also must its nominees; similarity of names of registered
8. while lacking the a well-defined candidates;
political constituency, the nominee 3. by other circumstances or acts which
must likewise be able to contribute demonstrate that a candidate has no
to the formation and enactment of bona fide intention to run for office
appropriate legislation that will for which certificate has been filed,
benefit the nation as a whole. (Ang and thus prevent a faithful
Bagong Bayani-OFW Labor Party, v. determination of true will of
COMELEC, GR No. 147589, June 26, electorate.
2001).
IV. FAIR ELECTIONS ACT OF 2001 (RA
III. DISQUALIFICATION OF 9006)
CANDIDATES:
1. declared as incompetent or insane Lawful election Propaganda (sec. 3):
by competent authority;
2. convicted by final judgment for 1. Written/Printed Materials (does not
subversion, insurrection, rebellion or exceed 8 in. width by 14 in.
any offense for which he has been length)
sentenced to a penalty of 18 months 2. Handwritten/printed letters
imprisonment; 3. Posters (not exceeding 2 x 3 ft.)
3. convicted by final judgment for 3 by 8 ft. allowed in
crime involving moral turpitude; announcing, at the site and
4. any person who is permanent on the occasion of a public
resident of or immigrant to a foreign meeting or rally, may be
country; and displayed 5 days before the
5. one who has violated provisions on: date of rally but shall be
a. campaign period; removed within 24 hours
b. removal, destruction of lawful after said rally.
election propaganda; 4. Print Ads
c. prohibited forms of propaganda; page in broadsheets and
d. regulation of propaganda page in tabloids thrice a
through mass media; and week per newspaper,
e. election offenses. magazine or other
publication during the
- When a candidate has not yet been campaign period
disqualified by final judgment during 5. Broadcast Media (i.e. TV and
the election day and was voted for, Radio)
the votes cast in his favor cannot be
declared stray. To do so would NATIONAL LOCAL
amount to disenfranchising the POSITIONS POSITIONS
electorate in whom sovereignty
resides. (Codilla vs. Hon. Jose De 1. 120 minutes 1. 60 minutes
Venecia, G.R. No. 150605, December for TV for TV
10, 2002)
2. 180 minutes 2. 90 minutes
for Radio for Radio
Nuisance Candidate

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
74 2005 CENTRALIZED BAR OPERATIONS

the governmental interest sought


Prohibited Campaign to be promoted can be achieved
1. Public exhibition of movie, by means other than the
cinematograph or documentary suppression of freedom of
portraying the life or biography of a expression. (Social Weather
candidate during campaign period; Station v. Comelec, G.R. No.
2. Public exhibition of a movie, 147571 May 5, 2001)
cinematograph or documentary
portrayed by an actor or media Substituted and Substitute Candidate
personality who is himself a - In case of valid substitutions
candidate; after the officials ballots have been
3. Use of airtime for campaign of a printed, the votes cast for the
media practitioner who is an official substituted candidates shall be
of a party or a member of the considered as stray votes but shall not
campaign staff of a candidate or invalidate the whole ballot. For this
political party; purpose, the official ballots shall provide
for spaces where the voters may write
Limitation on Expenses: the name of the substitute candidates if
1. for candidates: they are voting for the latter: Provided,
President and Vice President however, That if the substitute
= P10/voter; candidate is of the same family name,
Other candidates, if with this provision shall not apply.(Sec.12)
party = P3/voter;
Other candidates, if without V. PRE-PROCLAMATION
party = P5/voter. CONTROVERSY
2. for political parties = P5/voter Any question pertaining to or
affecting proceedings of Board of
Statement of Contribution and Canvassers which may be raised
Expenses by any candidate or by a
every candidate and treasurer of registered political party or
political party shall, within 30 days coalition of political parties
after day of election, file offices of before the board or directly with
COMELEC the full, true and itemized COMELEC or any matter raised
statement of all contribution and under Sections 233, 234, 235,
expenditures in connection with and 236, in relation to
election. preparation, transmission,
receipt, custody and
Election Survey appreciation of election returns.
The SC held that Sec. 5.4 of the Fair
Election Act prohibiting publication Issues which may be raised in a Pre-
of survey results 15 days Proclamation Controversy:
immediately preceding a national 1. Illegal composition or proceedings of
election and 7 days before a local the board of Canvassers;
election violates the constitutional 2. Canvassed election returns are
rights of speech, expression, and the incomplete, contain material
press because: defects, appears to be tampered
it imposes a prior restraint on with or falsified; or contain
the freedom of expression; discrepancies in the same returns or
It is a direct and total in other authentic copies thereof as
suppression of a category of mentioned in Sec. 233,234,235 and
expression even though such 236 of BP 881;
suppression is only for a limited 3. Election returns were prepared
period; and under duress, threat, coercion, or
intimidation, or they are obviously
manufactured or not authentic; and
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
75

M EMORY A ID IN P OLITICAL L AW

4. When substitute of fraudulent 4. Regional/Provincial/City - COMELEC


returns in controverted polling 5. Municipal - RTC
places were canvassed, the results of 6. Barangay - MTC
which materially affected the
standing of the aggrieved Appellate Jurisdiction:
candidate/s. 1. For decisions of RTC and MTC
appeal to COMELEC whose
decision shall be final and
executory;
VIII. ELECTION CONTESTS 2. For decisions of COMELEC
petition for review on Certiorari
Nature: special summary proceeding with SC within 30 days from
object of which is to expedite receipt of decision on ground of
settlement of controversies between grave abuse of discretion
candidates as to who received majority amounting to lack or excess of
of legal votes. jurisdiction or violation of due
Purpose: to ascertain true will of people process;
and duly elected officer, and this could 3. For decisions of Electoral Tribunal
be achieved by throwing wide open the petition for review on Certiorari
appeal before the court. with SC on ground of grave abuse
of discretion amounting to lack
Contest: any matter involving title or or excess of jurisdiction or
claim of title to an elective office, made violation of due process.
before or after proclamation of winner,
whether or not contestant is claiming Actions Which May Be Filed:
office in dispute. 1. Election Protest
Election, Returns and qualification - May be filed by any candidate who
refers to all matters affecting validity of has filed a certificate of candidacy
the contestees title to the position. and has been voted upon for the
same officer;
Election conduct of the polls, Grounds:
including the registration of voters, a. fraud;
holding of election campaign, and b. terrorism;
casting and counting of votes. c. irregularities; or
d. illegal acts
Returns include the canvass of committed before, during, or
returns and proclamation of winners, after casting and counting of
together with questions concerning votes
composition of Board of Canvassers Time to file: within 10 days from
and authenticity of election returns. proclamation of results of election.

Qualifications matter which could 2. Quo warranto


be raised in a quo warranto - Filed by any registered voter in the
proceedings against the proclaimed constituency
winner, such as his disloyalty to the
Republic or his ineligibility or Grounds:
inadequacy of his certificate of a. ineligibility; or
candidacy. b. disloyalty to Republic.
Time to file: within 10 days from
Original Exclusive Jurisdiction Over proclamation of results of election.
Election Contests
1. President and Vice-President - QUO WARRANTO QUO WARRANTO
Supreme Court en banc IN ELECTIVE IN APPOINTIVE
2. Senator - Senate Electoral Tribunal OFFICE OFFICE
3. Representative - HR Electoral 1. determination is 1. determination is
Tribunal eligibility of legality of

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
76 2005 CENTRALIZED BAR OPERATIONS

candidate-elect appointment (2) Any person, association,


2. when person 2. court may corporation, group or community
elected is determine as to who solicits or receives, directly
declared who among the or indirectly, any expenditure or
ineligible, court parties has legal
promise of any office or
cannot declare 2nd title to office
placer as elected,
employment, public or private,
even if eligible for any of the foregoing
considerations. (Sec. 261, B.P.
IX. ELECTION OFFENSES 881)

Vote-Buying and Vote-Selling


(1) Any person who gives, offers One of the effective ways of
or promises money or anything of preventing the commission
value, gives or promises any of vote-buying and of
office or employment, franchise prosecuting those
or grant, public or private, or committing it is the grant of
makes or offers to make an immunity from criminal
expenditure, directly or liability in favor of the party
indirectly, or cause an (person/s) whose vote was
expenditure to be made to any bought. This grant of
person, association, corporation, immunity will encourage the
entity, or community in order to recipient or acceptor to
induce anyone or the public in come into the open and
general to vote for or against denounce the culprit-
any candidate or withhold his candidate, and will ensure
vote in the election, or to vote the successful prosecution of
for or against any aspirant for the criminal case against the
the nomination or choice of a latter. (Comelec vs. Hon.
candidate in a convention or Tagle, G.R. Nos. 148948 &
similar selection process of a 148951, February 17, 2003)
political party.

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
77

M EMORY A ID IN P OLITICAL L AW

LAW ON PUBLIC CORPORATION

I. LOCAL GOVERNMENT CODE OF 1991 upon various LGUs to perform specific


(R.A. 7160) functions and responsibilities.[Sec.17(e),
par.2, LGC].
Effectivity: January 1, 1992

Scope of Application of Local


Government Code: Declaration of Policy:
Applicable to:
1. all provinces, 1. Territorial and subdivisions of State
2. cities, shall enjoy genuine and meaningful
3. municipalities, local autonomy to enable them to
4. barangays; attain fullest development and make
5. and other political subdivisions them more effective partners in
as may be created by law; and attaining national goals;
6. to the extent provided in the 2. Ensure accountability of LGUs
Local Government Code: through institution of effective
a. to officials, mechanisms of recall, initiative and
b. offices, or referendum; and
c. agencies of the National 3. Require all national agencies and
Government. offices to conduct periodic
consultations with appropriate
Local Autonomy in its constitutional LGUs, NGOs and Peoples
sense, to polarize LGUs from over Organizations and other concerned
dependence on central government and sector of community before any
do not make LGUs mini-republics or project or program is implemented
imperium in imperia. in their respective jurisdictions.

Decentralization of Administration Rules on Interpretation:


central government delegates 1. provision on power: liberally
administrative powers to political interpreted in favor of LGU; in case
subdivisions in order to broaden base of of doubt, resolved in favor of
government power and in process make devolution of powers;
LGUs more responsive and accountable 2. ordinance or revenue measure:
and ensure their fullest development as construed strictly against LGU
self-reliant communities and make them enacting it and liberally in favor of
effective partners in the pursuit of tax payer;
national development and social 3. tax exemptions, incentive or relief
progress. granted by LGU: construed against
person claiming;
Decentralization of Power involves 4. general welfare provisions: liberally
abdication of political power in favor of interpreted to give more powers to
LGUs declared autonomous.(Limbona v. LGUs in accelerating economic
Mengelin, 170 SCRA 786). development and upgrading quality
of life for people in community;
Devolution act by which national 5. rights and obligations existing on
government confers power and authority date of effectivity of LGC of 1991

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
78 2005 CENTRALIZED BAR OPERATIONS

and arising out of contracts or any III. DE FACTO MUNICIPAL


other source of prestation involving CORPORATION
LGU, shall be governed by original
terms and conditions of said Requisites:
contracts or law in force at time 1. valid law authorizing incorporation;
such rights were vested; and 2. attempt in good faith to organize
6. resolution of controversies arising under it;
under LGC of 1991 where no legal 3. colorable compliance with law; and
provision or jurisprudence applies, 4. assumption of corporate powers.
resort may be had to customs and
traditions in place where
controversies take place.
II. PUBLIC CORPORATION
- one formed and organized for the IV. TERRITORIAL AND POLITICAL
government of a portion of the State. SUBDIVISIONS ENJOYING
LOCAL AUTONOMY:
Elements of Public Corporation: 1. Province cluster of municipalities,
1. legal creation or incorporation; or municipalities and component
2. corporate name; cities, and serves as dynamic
3. inhabitants; and mechanism for developmental
4. territory. processes and effective governance
of LGUs within its territorial
Classes of Corporation: jurisdiction.
1. Quasi-corporation public
corporations created as agencies of 2. City composed of more urbanized
State for narrow and limited and developed barangays, serves as
purposes. a general purpose government for
2. Municipal corporation body politic coordination and delivery of basic,
and corporate constituted by regular and direct services and
incorporation of inhabitants of city effective governance of inhabitants
or town purposes of local within its territorial jurisdiction;
government thereof or as agency of
State to assist in civil government of 3. Municipality consisting of group of
the country. barangays, serves primarily as a
3. Quasi-public corporation private general purpose government for
corporation that renders public coordination and delivery of basic,
service or supplies public wants. regular and direct services and
effective governance of inhabitants
PUBLIC PRIVATE within its territorial jurisdiction;
CORPORATION CORPORATION
4. Barangay basic political unit which
1. established for 1. created for private serves as primary planning and
purposes of aim, gain or benefit implementing unit of government
administration of of members policies, plans, programs, projects
civil and local
and activities in community, and as a
governments
forum wherein collective views of
2. creation of State 2. created by will of people may be expressed,
either by special or incorporators with crystalized and considered and
general act recognizance of where disputes may be amicably
State settled;
3. involuntary 3. voluntary
consequence agreement by and 5. Autonomous Regions created for
legislation among members decentralization of administration or
decentralization of government; and

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
79

M EMORY A ID IN P OLITICAL L AW

6. Special metropolitan political 2. income classification of original LGU


subdivisions created for sole shall not fall below its current
purpose of coordination of delivery income classification prior to
of basic services. division;
3. Plebiscite be held in LGUs affected.
Creation of Municipal Corporations 4. Assets and liabilities of creation shall
1. For province, city or municipality, be equitably distributed between the
only by Act of Congress; LGUs affected and new LGU. When
2. For barangays, ordinance passed by municipal district of other territorial
respective Sanggunian divisions is converted or fused into a
municipality all property rights
vested in original territorial
organization shall become vested in
government of municipality.
Plebiscite Requirement
approved by a majority of V. POWERS OF LGUs
the votes cast in a plebiscite
called for the purpose in the Classification of Powers of Local
political unit/s directly Government Units
affected (Sec. 10, R.A. 7160) 1. Express, implied and inherent;
Based on verifiable 2. Public or governmental, private or
indicators of viability and proprietary;
projected capacity to 3. Intramural and extramural; and
provide services (Sec. 7, R.A. 4. Mandatory and directory; ministerial
7160) [Note: see Annex C] and discretionary.

Beginning of Corporate Existence Governmental Powers of LGU:


upon election and qualification 1. General Welfare (Sec. 16, R.A.
of its chief executive and 7160) statutory grant of police
majority of members of its power to LGUs. It is limited to:
Sanggunian, unless some other a. territoriality;
time is fixed therefore by law or b. equal protection clause;
ordinance creating it. c. due process clause; and
Mode of Inquiry to Legal d. must not be contrary to law.
Existence of LGU: Quo warranto 2. Delivery of basic services and
which is reserved to State or facilities (Sec. 17, of R.A. 7160);
other direct proceedings 3. Power to generate and apply
resources (Sec. 18, of R.A. 7160);
Abolition of LGU: 4. Eminent Domain (Sec. 19, of R.A.
When income, population, or land 7160);
area of LGU has been reduced to less Additional Limitations for Exercise
than minimum standards prescribed by LGU:
for its creation. The law or a. exercise by local chief executive
ordinance abolishing LGU shall pursuant to an ordinance;
specify the province, city, b. for public use, purpose or
municipality or barangay with which welfare for benefit of poor and
LGU sought to be abolished will be landless;
incorporated or merged. c. payment of just compensation;
and
Division and Merger of LGUs d. only after valid and definite
shall comply with same offer had been made to, and not
requirements, provided: accepted by owner.(Municipality
1. shall not reduce income, population of Paraaque v. V.M. Realty
or land area of LGU concerned to Corp., 292 SCRA 678)
less than the minimum requirements 5. Reclassification of Lands (Sec. 20
prescribed; of RA 7160)

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
80 2005 CENTRALIZED BAR OPERATIONS

Limited by following percentage of Requisites for validity:


total agricultural land area: a. must not contravene the
a. for HUC and independent Constitution and any statute;
component cities: 15%; b. must not be unfair or oppressive;
b. for component cities and 1st to c. must not be partial or
3rd class municipalities: 10% ; discriminatory;
and d. must not prohibit, but may
c. for 4th to 6th class municipalities: regulate trade;
5%. e. must not be unreasonable; and
6. Closure and opening of roads (Sec. f. must be general in application
21 of RA 7160) and consistent with public policy.

In case of permanent closure: Barangay Chairman has no


a. adequate provision for public veto power.
safety must be made; and Corporate Powers of LGU:
b. may be properly used or 1. to have continuous succession in its
conveyed for any purpose for corporate name;
which other real property may 2. to sue and be sued;
be lawfully used or conveyed; 3. to have and use a corporate seal;
provided no freedom park be 4. to acquire and convey real or
permanently closed without personal property;
provisions or transfer to new 5. power to enter into contracts;
site. Requisites of valid municipal
7. Local legislative power (Secs. 48- contracts:
59 of RA 7160) a. LGU has express, implied, or
Approval of ordinances: inherent power to enter into a
a. local chief executive with his particular contract;
signature on each and every b. Entered into by proper
page; department, board,
b. if local chief executive vetoes committee, or agent;
the same, may be overridden by c. Must comply with substantive
2/3 vote of all sanggunian requirements;
members; d. Must comply with formal
(i) grounds for veto: requirements; and
ordinance is ultra vires e. In case entered into by local
or prejudicial to public chief executive on behalf of
welfare; LGU, prior authorization by
(ii) local chief executive Sanggunian concerned is
may veto particular needed
item/s of appropriation 6. to exercise such other powers as
ordinance, adoption of granted to corporation, subject to
local development plan limitations provided in Local
and public investment Government Code of 1991 and other
plan, or ordinance laws.
directing payment of
money or creating VI. MUNICIPAL LIABILITY:
liability; and
(iii) local chief executive Rule: Local government units and their
may veto an ordinance officials are not exempt from liability for
only once; death or injury to persons or damage to
c. veto communicated to property (Sec. 24, R.A. 7160)
sanggunian within 15 days for 1. Statutory provisions on liability:
province and 10 days for city or a. Art. 2189, Civil Code defective
municipality. condition of roads, streets,

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
81

M EMORY A ID IN P OLITICAL L AW

bridges, public buildings, and c. 18 years of age members of


other public works; ICC or component city or
b. Art. 2180(6th par.), Civil Code municipal council or punong
acts through a special agent; barangay or member of
d. Art. 34, Civil Code failure or barangay council;
refusal of a member of the d. at least 15 but not 21 years of
police force to render aid and age candidate for sanggunian
protection in case of danger to kabataan.
life and property (Sec. 39, RA 7160)
2. for Tort depends if engaged in:
a. governmental functions not Disqualification of Elective Local
liable; Official:
b. proprietary functions liable 1. sentenced by final judgment for
offense involving moral turpitude or
3. for Violation of Law punishable by 1 year or more of
4. for Contracts if contract is: imprisonment within 2 after service
a. intra vires liable; of sentence;
b. ultra vires not liable 2. those removed from office due to
Doctrine of Implied Municipal administrative cases;
Liability a municipality may 3. those convicted by final judgment
become obligated upon an for violating oath of allegiance to
implied contract to pay the the Republic;
reasonable value of the benefits 4. those with dual citizenship;
accepted or appropriated by it 5. fugitives from justice in criminal or
as to which it has the general non-political cases here or abroad;
power to contract (Province of 6. permanent resident in foreign
Cebu v. IAC, 147 SCRA 447); the country; and
doctrine applies to all cases 7. insane or feeble-minded.(Sec.40,
where money or other property RA.7160)
of a party is received under such
circumstances that the general VIII. MANNER OF ELECTION
law, independent of an express 1. Elected at large
contract, implies an obligation a. Governor; Vice Governor;
to do justice with respect to the b. City or municipal mayor; City or
same (Nachura, Reviewer in municipal vice-mayor;
Political Law, p. 431) c. Punong barangay,
d. SK chairman, elected by voters
VII. QUALIFICATION OF ELECTIVE of Katipunan ng Kabataan
LOCAL OFFICIALS:
1. citizen of the Philippines; 2. Elected by District
2. registered voter of barangay, a. regular members of Sanggunian
municipality, city, province, or b. ex-officio members of
district where he intends to be Sanggunian
elected; (i.) panlalawigan
3. resident therein for at least 1 year president of leagues of
preceding election; sanggunian members of
4. able to read and write Filipino or component cities and
local language or dialect; and municipalities; and
5. age: president of liga ng mga
a. 23 years of age Governor, Vice barangay and pederasyon
Governor, Board Member, ng mga sanggunian
Mayor, Vice Mayor or Member of kabataan
City Council for HUCs. (ii.) panlunsod
b. 21 years of age Mayor or Vice president of liga ng mga
Mayor of ICCs, component cities barangay and the
or municipalities; pederasyon ng mga SB

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
82 2005 CENTRALIZED BAR OPERATIONS

(iii.) bayan
president of liga ng mga
barangay and the
pederasyon ng mga
sanggunian kabataan

3. Sectoral representatives women,


worker, urban poor, and other
sectors allowed by law.

Date of Election: Every 3 years on


2nd Monday of May, unless otherwise
provided by law. 3. dishonesty, oppression, misconduct
in office, gross negligence or
Term of Office: 3 years starting dereliction of duty;
from noon of June 30 next following 4. commission of offense involving
the election or such date as may be moral turpitude or offense
provided by law, except that of punishable by at least prision mayor;
elective barangay officials, for 5. abuse of authority;
maximum of 3 consecutive terms in 6. unauthorized absence for 15
same position. consecutive working days except
Consecutive: After three sanggunian members;
consecutive terms, an elective 7. application for, acquisition of ,
local official cannot seek foreign citizenship or residence or
immediate reelection for a status of an immigrant of another
fourth term. The prohibited country; and
election refers to the next 8. such other grounds as may be
regular election for the same provided in EC and other laws
office following the end of the
third consecutive term. Any Under Sec. 60 of RA 7160 an
other subsequent election, like a elective local official may be
recall election is no longer removed from office on the
covered by the prohibition grounds enumerated above
(Socrates vs. Comelec, G.R. No. by order of the proper court
154512, November 12, 2002). only (Salalima vs Guingona,
257 SCRA 55)
IX. GROUNDS FOR DISCIPLINARY
ACTIONS:
1. disloyalty to the Republic;
2. culpable violation of the
Constitution;

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
83

M EMORY A ID IN P OLITICAL L AW

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
84 2005 CENTRALIZED BAR OPERATIONS

PUBLIC INTERNATIONAL LAW

I. PUBLIC INTERNATIONAL LAW (iii)attended by opinio juris


- Law that deals with the or sense of legal
conduct of States and international obligation
organizations, their relations with each c. general principle of law.
other and, in certain circumstances,
their relations with persons, natural or 2. Subsidiary
juridical (American Third Restatement) a. Judicial decisions;
b. writings of publicists; and
Main Divisions: c. Advisory Opinions of the ICJ.
1. Laws of Peace;
2. Laws of War; Constitution vs. Treaty
3. Laws of Neutrality. Generally, the treaty is rejected in the
local forum but is upheld by
Basis of International Law international tribunals as a demandable
1. Law of Nature School based on obligation of the signatories under the
rules of conduct discoverable by maxim pacta sunt servanda.
every individual in his own
conscience and through application The treaty is always subject to
of right reasons. qualification or amendment by a
subsequent law, and the same may never
2. Positivist School agreement of curtail or restrict the scope of the police
sovereign states to be bound by it power of the State. (Ichong v.
(express in conventional law, implied Hernandez, GR no.L-7995, May 31, 1957)
in customary law, and presumed in
general principles). Functions of International Law:
1. promote international peace and
3. Eclectic or Groatian School a security;
compromise between the first 2 2. foster friendly relations among
schools and submits that nations and discourage use of force
international law is binding partly in resolution of difference among
because it is good and right and them;
partly because states agreed to be 3. provide for orderly regulation of
bound by it. conduct of states in their mutual
dealings; and
Sources of Public International Law: 4. ensure international cooperation in
1. Primary pursuit of certain common purposes
a. international treaties and of economic, social, cultural, or
conventions; humanitarian character.
(i) law-making treaty (traite-
loi); INTERNATIONAL MUNICIPAL
(ii) contract treaty (traite- LAW LAW
contract). 1. Law of 1. Law of
coordination subordination
b. international customs; (issued by
political superior)
Requisites: 2. Regulates 2. Regulates
(i)Prevailing practice by a relation of states relations of
number of states; and other individuals
(ii)repeated over a international among
considerable period of persons themselves or
time and; with their own
states
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
85

M EMORY A ID IN P OLITICAL L AW

against legitimate government.


When recognized, considered as a
3. Derived 3. Consists mainly separate state for purposes of
principally from of statutory
treaties, enactments, and
conflict and entitled to all rights and
international to lesser extent subjected to all obligations of a full-
customs and executive orders pledged belligerent under laws of
general principles and judicial war.
of law pronouncements
United Nations international
organization created at San
4. Resolved thru 4. Redressed thru Francisco Conference held in the US
state-to-state local from April 25 to June 26, 1945. UN
transactions administrative succeeded the League of Nations and
and judicial is governed by a charter that came
processes
into force on October 24, 1945.
5. Collective 5. Breach of which
responsibility entails individual Principal Purposes of UN
because it responsibility 1. Maintain international peace and
attaches directly security;
to the state and 2. Develop friendly relations among
not to its
nations;
nationals
3. Achieve international
cooperation: and
Doctrine of incorporation 4. Center for harmonizing actions
international law are adopted as part of of nations for attainment of
a states municipal law, by a general these common goals.
provision or clause usually in its
Constitution. (Sec. 2, Art. II, 1987 Qualifications for Membership:
Constitution) 1. must be state;
2. must be peace loving;
Doctrine of transformation requires 3. must accept obligations of
the enactment by the legislative body of member-states contained in
such international law principles as are Charter; and
sought to be part of municipal law. 4. must be able and willing to carry
out such obligation.
II. SUBJECTS OF INTERNATIONAL
LAW: Principal Organs of UN:
- entity that has rights and 1. General Assembly central
responsibilities under international organ where all members are
law and having capacity to maintain represented. Classification of
its rights by bringing international functions: deliberative,
claims, includes: supervisory, financial, elective,
constituent.
1. States, independent and dependent; 2. Security Council organ
2. Colonies and dependencies; responsible for maintenance of
3. Mandates and trust territories; peace and security, undertake
4. The Vatican; preventive and enforcement
5. The United Nations; actions.
6. Belligerent Communities; 3. Economic and Social Council
7. International administrative Bodies; exerts efforts towards higher
and standards of living, solutions of
8. Individuals, to a certain extent. international economic, social,
health and related problems,
Belligerent Community group of universal respect for and
rebels under an organized civil observance of human rights
government who have taken up arms and fundamental freedoms.

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
86 2005 CENTRALIZED BAR OPERATIONS

4. Trusteeship Council organ


charged with administration of Principle of State Continuity the
International Trusteeship state continues as a juristic being
System (idle council); notwithstanding changes in its
5. International Court of Justice circumstances provided only that
judicial organ of UN; World such change do not result in the loss
Court governed by Statute of any of its essential elements
which is annexed to and made
part of UN charter; III. RECOGNITION
Jurisdiction: decide issues act by which a state
referred to it (consensual). acknowledges existence of
a. interpretation of another state, government or
treaty; belligerent community and
b. question of indicates its willingness to deal
international law; with the entity as such under
c. existence of fact rules of international law.
constituting a breach Theories:
of international 1. Declaratory merely affirms an
obligation; existing fact like the possession by
d. nature or extent of the the state of the essential elements.
reparation to be made Discretionary and political;
for the breach of an 2. Constitutive - it is the act of
international recognition that constitutes the
obligation. entity into an international person.
6. Secretariat chief Compulsory and legal; may be
administrative organ of UN. compelled once the elements of a
state are established.
State a group of people, living together
in a fixed territory, organized for Objects:
political ends under an independent 1. State generally held to be
government and capable of entering irrevocable and imports the
into international relations with other recognition of its govt.
states 2. Government may be withdrawn
Creation of State: (RUSIA2) and does not necessarily signify the
1.by peaceful acquisition of existence of a state, as the
Independence (Philippines) ; government may be that of a mere
2. by Revolution (USA); colony.
3. by Unification of several 3. Belligerent community rebels are
states (Italy); accorded international personality
4.by Secession (Bangladesh); only in connection with the
5.by Agreement (Netherlands); hostilities they are waging.
and
6.by Attainment of civilization Kinds:
(Japan). 1. express or implied; and
2. conditional or permanent
Extinction of State: ( MA2D2EP)
1. Overthrow of government Effects of Recognition of a State or
resulting in anarchy; Government:
2. Emigration en masse of its 1. Diplomatic relations;
population; 2. Right to sue in courts of recognizing
3. Annexation; state;
4. Merger or unification; 3. Right to possession of properties of
5. Dismemberment; predecessor on the reorganizing
6. Dissolution of federal union; state.
7. Partial loss of independence
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
87

M EMORY A ID IN P OLITICAL L AW

4. All acts of the recognized state or


government are validated
retroactively, preventing the
recognizing state from passing upon Requisites for recognition de jure:
their legality in its own courts. 1. Government is stable and effective;
2. No substantial resistance to its
Conditions for Recognition of authority;
Belligerency: 3. The government must show
1. organized civil government; willingness and ability to discharge
2. rebels occupy a substantial portion its international obligations; and
of territory; 4. The government must enjoy popular
3. conflict is serious and outcome is consent or approval of the people.
uncertain; absence of one recognition de
4. rebels are willing to observe the facto
laws of war.
absence of one state of RECOGNITION RECOGNITION
insurgency DE JURE DE FACTO

Effects of Recognition of Belligerency: 1. Relatively 1. Provisional


1. Responsibility for acts of rebels permanent (duration of
resulting to injury to nationals of armed struggle)
recognizing state shall be shifted to
rebel government;
2. vests title to 2. does NOT vest
2. The legitimate government properties of title to
recognizing the rebels as belligerents government properties of
shall observe laws/customs of war in abroad government
conducting hostilities; abroad
3. Third states recognizing belligerency
should maintain neutrality; 3. brings about full 3. limited to
4. Recognition is only provisional and diplomatic certain juridical
only for purposes of hostilities. relations relations

Wilson/Tobar Doctrine precludes


recognition of government established IV. FUNDAMENTAL RIGHTS OF STATES
by revolution, civil war, coup detat or (TILE2)
other forms of internal violence until the 1. Existence and self-defense;
freely elected representatives of people 2. Sovereignty and
have organized a constitutional Independence;
government (Ecuadorian Foreign 3. Equality;
Minister Tobar and US Pres. Woodrow 4. Territorial Integrity and
Wilson) jurisdiction;
5. Legation or diplomatic
Stimson Doctrine precludes intercourse
recognition of any government
established as result of external A. RIGHT TO EXISTENCE AND SELF-
aggression (US Sec of State Henry Lewis DEFENSE
Stimson) most comprehensive as all other
rights of state flow from it;
Estrada Doctrine dealing or not dealing state may take measures
with the government established through including use of force as may be
a political upheaval is not a judgment on necessary to counteract any
the legitimacy of the said government danger to its existence.
(Mexican Minister Genaro Estrada)

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
88 2005 CENTRALIZED BAR OPERATIONS

(i) rivers which may be (a)


national; (b) boundary; (c)
Aggression use of armed force by a international
state against sovereignty, territorial (iA) Thalweg Doctrine for
integrity or political independence of boundary rivers, in the
another state or in other manner absence of an agreement
inconsistent with the UN charter. between the riparian
states, the boundary line
Requisites for Proper Exercise of Right is laid on the middle of
of Self-defense: the main navigable
1. armed attack; channel.
2. self-defensive action taken by (iB) Middle of the Bridge
attacked state must be reported Doctrine where there is
immediately to Security Council; and a bridge over a boundary
3. such action shall not in any way river, the boundary line is
affect right of Security Council to middle or center of the
take at any time action as it deems bridge.
necessary to maintain or restore (ii) bays and gulfs
international peace and security. (iii) strait
b. Archipelagic waters
B. RIGHT OF SOVEREIGNTY AND
INDEPENDENCE ARCHIPELAGO DOCTRINE The waters
around, between and connecting the
Sovereignty totality of the powers, islands of the archipelago regardless of
legal competence, and privileges arising their breadth and dimensions are to be
from customary international law, and treated as internal waters
not dependent on the consent of another Two kinds of archipelago:
state 1. coastal situated close to a
mainland and may be
Independence means freedom from considered a part thereof;
control by other state or group of states e.g. Loften Islands, Norway.
and not freedom from the restrictions 2. mid-ocean situated in the
that are binding on all states forming the ocean at such distance from
family of nations; carries with it by the coasts of firm land. e.g.
necessary implication the correlative Indonesia.
duty of non-intervention c. Territorial sea
d. Submarine area
C. RIGHT OF EQUALITY
every state is entitled to same 3. Aerial domain
protection and respect as are
available to other state under MODES OF LOSS
rules of international law. ACQUIRING OF
TERRITORY TERRITORY
D. RIGHT TO TERRITORIAL INTEGRITY 1. Discovery and 1. Dereliction
AND JURISDICTION occupation
2. Cession 2. Cession
Components of the Territory of A
State: 3. Accretion 3. Conquest
1. Terrestrial land mass on which the
4. Prescription 4. Erosion, or other
inhabitants live; natural causes
2. Maritime and Fluvial 5. Conquest and 5. Prescription
a. internal or national waters subjugation
bodies of water within the land
mass, among them are:

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
89

M EMORY A ID IN P OLITICAL L AW

Bases of Jurisdiction: 3. Diplomatic Immunity;


1. Territorial principle vests 4. Immunity of UN Specialized
jurisdiction in state where offense agencies, other International
was committed (Art. 14, NCC); Organizations, and its Officers;
2. Nationality principle vest 5. Foreign Merchant vessels exercising
jurisdiction in state of offender (Art. the right of innocent passage;
15, NCC, tax laws); 6. Foreign armies passing through or
3. Protective principle vest stationed in the territory with the
jurisdiction in state whose national permission of the State;
interests is injured or national 7. Warships and other public vessels of
security compromised another State operated for non-
(counterfeiting, treason, espionage); commercial purposes.
4. Passive personality principle
vests jurisdiction in state of Rules on Jurisdiction Under the Visiting
offended party. Forces Agreement
5. Universality principle vest 1. Exclusive jurisdiction over US
jurisdiction in state which has personnel
custody of offender of universal a. Offenses punishable under Phil
crimes (piracy, genocide); laws but not under US laws
Philippine
Genocide acts committed with intent b. Offenses punishable under US
to destroy, in whole and in part a laws but not under Phil laws - US
national, ethnic, racial, or religious 2. Concurrent jurisdiction - Phil
group by: authorities shall have primary right
1. killing members of the group; to exercise jurisdiction over all
2. deliberately inflicting on group offenses committed by US personnel
conditions of life calculated to bring except:
about its physical destruction in a. violations of US military laws;
whole or in part; b. Offenses punishable under US
3. imposing measures intended to laws but not under Phil laws;
prevent births within the group; c. Offenses solely against the
4. causing serious bodily or mental property or security of the US or
harm to members of the group; and against the property or person of
5. forcibly transferring children of the US personnel;
group to another . d. Offenses arising out of any act or
omission done in performance of
Five Air of Freedoms for Scheduled official duty.
International Services: *in a, b, c, & d above, the US
1. freedom to fly across foreign Military authorities have primary
territory without landing; jurisdiction.
2. freedom to land for non-traffic 3. The authorities of either government
purposes; may request the authorities of the
3. freedom to put down traffic other government to waive the
originating in state of aircraft; primary right to exercise jurisdiction
4. freedom to embark traffic destined in a particular case.
for state of aircraft; and 4. Upon request by the US, Phil
5. freedom to embark traffic destined authorities may waive primary
for, or to put down traffic coming jurisdiction over offenses committed
from, third state. by US personnel except cases of
particular importance to the
Exemptions from Jurisdiction: Philippines such as violations of the
1. Doctrine of State Immunity; Heinous Crimes Act, Anti-Drugs Law,
2. Act of State Doctrine court of one Anti-Child Abuse Law.
state will not sit in judgment over
acts of government of another state Doctrine of Hot Pursuit
done in its territory. Requisites:

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
90 2005 CENTRALIZED BAR OPERATIONS

1. Pursuit commence from internal which the receiving state responds with
water, territorial sea or an informal conformity (agreement).
contiguous zone of pursuing
state; Letre de Creance(Letter of Credence)
2. Continuous and unabated; with the name, rank and general
3. Conducted by warship, military character of his mission, and a request
aircraft, government ships for favorable reception and full
authorized for the purpose; credence.
4. Ceases as soon as the ship being
pursued enters the territorial sea Kinds of Consuls
of its own, or of a third, state. 1. consules missi professional or
career consuls who are nationals of
E. RIGHT OF LEGATION sending state and are required to
right of state to maintain devote their full-time to discharge
diplomatic relations with other their duties; and
states 2. consules electi may or not be
Governed by the Vienna nationals of sending state and
Convention on Diplomatic perform consular functions only in
Relations (1961) addition to their regular callings.
Ranks:
Active right of legation send 1. consul-general heads several
diplomatic representatives consular districts, or one
Passive right of legation exceptionally large consular
receive diplomatic district;
representatives 2. consul takes charge of a small
district or town or port;
Agents of Diplomatic Intercourse: 3. vice-consul assists the consul;
1. head of state; and
2. foreign secretary of minister; or 4. consular agent usually
3. members of diplomatic service. entrusted with the performance
of certain functions by the
Functions of Diplomatic Missions: consul.
1. representing sending state in
receiving state; Privileges and Immunities Accorded to
2. protecting in receiving state Diplomatic Envoy: (PCLIST)
interests of sending state and its 1. Inviolability of premises and
nationals; archives;
3. negotiating with government of 2. Right of official communications;
receiving state; 3. Exemption from local
4. promoting friendly relations between jurisdiction;
sending and receiving states and 4. Personal inviolability;
developing their economic, cultural 5. Exemption from subpoena; and
and scientific relations; 6. Exemption from taxation/custom
5. ascertaining by all lawful means duties.
conditions and developments in
receiving state and reporting Exterritoriality exception of persons
thereon to government of sending and property from local jurisdiction on
state; and basis of international customs.
6. in some cases, representing friendly
governments at their request. If the acts giving rise to a suit
are those of a foreign
Agreation process in appointment of government done by its foreign
diplomatic envoy. Where states resort to agent, although not necessarily a
an informal inquiry (enquiry) as to the diplomatic personage, but acting
acceptability of a particular envoy, to in his official capacity, the
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
91

M EMORY A ID IN P OLITICAL L AW

complaint could be barred by the recognized by the international


immunity of the foreign community of states as a rule from
sovereign from suit without its which no derogation is permitted and
consent. (Municher vs. CA, G.R. can be modified only by a subsequent
No. 142396, February 11, 2003) norm having the same character. e.g
customs out-lawing slave trade,
V. TREATY genocide, terrorism, etc.
- An international agreement
concluded between states in written Concordat a treaty or agreement
form and governed by international law between ecclesiastical and civil powers
whether embodied in a single instrument to regulate the relations between the
or in two or more related instruments church and the state in those matters
(Vienna Convention on the Law of which, in some respect are under the
Treaties, 1969) jurisdiction of both.

Requisites: (SCRAD) Pacta Sunt Servanda Every treaty in


1. Entered into by parties having force is binding upon the parties to it
treaty-making capacity; and must be performed by them in good
2. Through their authorized organs faith. (Art. 26, Vienna Convention on
or representatives; the Law of Treaties).
3. Without attendance of duress,
fraud, mistake or other vices of Rebus Sic Stantibus legal principle
consent; which would justify non-performance of
4. Lawful subject matter and object; treaty obligations where an unforeseen
and or substantial changes occur which
5. Ratification in accordance with would render one of the parties thereto
their respective constitutional unable to undertake treaty obligations as
processes. stipulated therein.

Effect of Unwritten Treaty Most Favored Nation Clause pledge


1. has legal force; made by a contracting party to a treaty
2. convention rules on matters to grant to other party treatment not
governed by international law less favorable than that which had been
independently of convention shall given or may be granted to the most
apply; and favored among parties.
3. convention rules apply to the
relations of states as between Interpretation of Treaties
themselves under international 1. Founding Father Test;
agreement with other subjects as 2. Literal or textual;
parties. 3. Teleological aims and objects
school
Steps in Treaty-making Process:
1. Negotiation; Termination of Treaty: (NEW DEVIL
2. Signature; (made) VITAL) ACCOMPLISHMENT
3. Ratification; 1. expiration of term;
4. Exchange of instruments of 2. accomplishment of purpose;
ratification; and 3. impossibility of performance;
5. Registration with UN. 4. loss of subject matter;
5. novation;
Doctrine of Unequal Treaties treaties 6. desistance of parties;
which have been imposed in an unequal 7. extinction of one of parties, if treaty
character, are void. is bipartite;
8. occurrence of vital change of
Jus Cogens customary international circumstance;
law that has attained the status of a 9. outbreak of war; and
peremptory norm, accepted and 10. voidance of treaty.

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
92 2005 CENTRALIZED BAR OPERATIONS

VI . NATIONALITY AND
Protocol de cloture an instrument STATELESSNESS
which records the winding up of the
proceedings of a diplomatic conference Doctrine of Effective Nationality
and usually includes a reproduction of expressed in Art.5 of the Hague
the texts of treaties, conventions, Convention of 1930 on the Conflict of
recommendations and other acts agreed Nationality Laws that states that within
upon and signed by the plenipotentiaries a third State a person having more than
attending the conference. It is not the one nationality shall be treated as if he
treaty itself and does not require the had only one either the nationality of
concurrence of the Senate. (Taada v. the country in which he is habitually and
Angara, 272 SCRA 18). principally resident or the nationality of
the country with which in the
circumstances he appears to be in fact
TREATY EXECUTIVE most closely connected. (Frivaldo v.
AGREEMENT Comelec, 174 SCRA 245)
1. Basic political 1. adjustment of Statelessness condition or status of
issues ; changes details carrying individual who is born without any
of national out established nationality or who loses his nationality
policies national policies without retaining or acquiring another.
permanent 2. temporary
international arrangements
Treatment of Stateless Individual
agreements
- international conventions provide that
stateless individuals are to be treated
more or less like the subjects of a
Validity of the Balikatan Exercises
foreign state.
- The VFA permits United States
personnel to engage, on an impermanent
Reintegration recovery of nationality
basis, in "activities," the exact meaning
by individuals who are natural born
of which was left undefined. The
citizens of a state, but who lost their
expression is ambiguous, permitting a
nationality.
wide scope of undertakings subject only
to the approval of the Philippine
VII . TREATMENT OF ALIENS
government. After studied reflection, it
appeared farfetched that the ambiguity
Flowing from its right to
surrounding the meaning of the word
existence and as an attribute of
"activities" arose from accident. In our
sovereignty, no State is under
view, it was deliberately made that way
obligation to admit aliens. The
to give both parties a certain leeway in
State can determine in what
negotiation. In this manner, visiting US
cases and under what conditions
forces may sojourn in Philippine territory
it may admit aliens
for purposes other than military.
As conceived, the joint exercises
Deportation expulsion of an alien
may include training on new techniques
considered undesirable by local state,
of patrol and surveillance to protect the
usually but not necessarily to his own
nation's marine resources, sea search-
state.
and-rescue operations to assist vessels in
distress, disaster relief operations, civic
Reconduction -- forcible conveying of
action projects such as the building of
aliens back to their home state without
schoolhouses, medical and humanitarian
any formalities
missions, and the like (Lim vs. Honorable
Executive Secretary, G.R. No. 151445,
A. Doctrine of State Responsibility -
April 11, 2002).
state may be held liable for injuries
and damages sustained by the alien

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
93

M EMORY A ID IN P OLITICAL L AW

while in the territory of the state


provided: Non-refoulement prohibits a state to
1. the act or omission constitutes return or expel refugee to the territory
an international delinquency; where he escaped because his life or
2. the act or omission is directly freedom is threatened. The state is
or indirectly imputable to the under obligation to grant temporary
State; and asylum. (Refugee Convention of 1951)
3. injury to the claimant State Diplomatic Asylum refuge in
indirectly because of damage to diplomatic premises
its national.
Direct State Responsibility where the Political Asylum - refuge in another
international delinquency was state for political offense, danger to life,
committed by superior government no assurance of due process.
officials or organs like the chief of state
or the national legislature, liability will C. Extradition
attach immediately as their acts may not - surrender of a fugitive by one state
be effectively prevented or reversed to another where he is wanted for
under the constitution or laws of the prosecution or, if already convicted, for
state. punishment. Surrender is made at
request of latter state on basis of
Indirect State Responsibility where extradition treaty.
the offense is committed by inferior
government official or by private General Principles:
individuals, the state will be held liable 1. Based on consent expressed through
only if, by reason of its indifference in treaties
preventing or punishing it, it can be 2. SPECIALTY- a fugitive who is
considered to have connived in effect in extradited may be tried only for the
its commission. crime specified in the request for
extradition and included in the list
International Standard of Justice the of offenses in the treaty.
standard of the reasonable state that is, 3. NON-LIST TYPE OF TREATY- offenses
as referring to the ordinary norms of punishable under the laws of both
official conduct observed in civilized states by imprisonment of one year
jurisdiction; thus, to constitute an or more are included among the
international delinquency, the treatment extraditable offenses.
of an alien should amount to an outrage, 4. Any person may be extradited; he
bad faith, willful neglect of duty, and need not be a citizen of the
insufficiency of governmental action that requesting State
every reasonable and impartial man 5. Political or religious offenders are
would readily recognize its insufficiency. generally not subject to extradition

Calvo Clause provision frequently Attentat Clause


inserted in contracts where nationals of assassination of head of
another state renounce any claim upon state or any member of his
his national state for protection. family is not regarded as
But such waiver can be legally political offense for purposes
made only by aliens state. of extradition. Also for the
crime of genocide.
B. Refugees
Requisites: 6. offense must have been
1. Those who are outside the country of committed within the territory
his nationality or if stateless, outside or against the interest of the
the country of his habitual demanding State
residence; 7. double criminality -- act for
2. Lacks national protection; and which the extradition is sought
3. Fears persecution.

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
94 2005 CENTRALIZED BAR OPERATIONS

must be punishable in both pendency of the petition, lest the


States latter be given the opportunity to
escape and frustrate the
Procedure for Extradition (Judicial proceedings. The foregoing
and diplomatic process of request procedure will best serve the ends
and surrender) PD 1069 of justice in extradition cases;
1. Request through diplomatic (Government of the US vs. Hon.
representative with: Purganan and Mark Jimenez G.R. No.
a. decision of conviction; G.R. No. 148571. September 24,
b. criminal charge and warrant 2002)
of arrest; 5. hearing (provide counsel de
c. recital of facts; officio if necessary);
d. text of applicable law 6. appeal to CA within ten days
designating the offense; whose decision shall be final
e. pertinent papers; and executory;
2. DFA forwards request to 7. Decision forwarded to DFA
DOJ; through the DOJ;
3. DOJ files petition for 8. Individual placed at the
extradition with RTC; disposal of the authorities of
4. Upon receipt of a petition for requesting state costs and
extradition and its supporting expenses to be shouldered
documents, the judge must by requesting state.
study them and make, as soon as
possible, a prima facie finding A state may not compel another
whether (a) they are sufficient in state to extradite a criminal without
form and substance, (b) they going through the legal processes
show compliance with the provided in the laws of the former.
Extradition Treaty and Law, and Due process requirement
(c) the person sought is complied at the RTC level upon
extraditable. At his discretion, filing of petition for extradition.
the judge may require the No need to notify the person
submission of further subject of the extradition
documentation or may process when the application is
personally examine the affiants still with the DFA or DOJ
and witnesses of the petitioner. Extradition is not a criminal
If, in spite of this study and proceeding which will call into
examination, no prima facie operation all the rights of an
finding is possible, the petition accused provided in the bill of
may be dismissed at the rights
discretion of the judge. For the provisional arrest of an
accused to continue, the formal
On the other hand, if the request for extradition is not
presence of a prima facie case is required to be filed in court it
determined, then the magistrate only needs to be received by the
must immediately issue a requested state in accordance
warrant for the arrest of the with PD 1069
extraditee, who is at the same
time summoned to answer the Entitlement to Bail
petition and to appear at As suggested by the use of the word
scheduled summary hearings. conviction, the constitutional
provision on bail, as well as Section 4 of
Prior to the issuance of the warrant, Rule 114 of the Rules of Court, applies
the judge must not inform or notify only when a person has been arrested
the potential extraditee of the and detained for violation of Philippine
criminal laws. It does not apply to
R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT
C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
95

M EMORY A ID IN P OLITICAL L AW

extradition proceedings, because 2. when decreed by the Security


extradition courts do not render Council as a preventive or
judgments of conviction or acquittal. enforcement action for the
Exception: after a potential extraditee maintenance of international peace
has been arrested or placed under the and security;
custody of the law, bail may be applied 3. when such action is agreed upon in a
for and granted only upon a clear and treaty; or
convincing showing (1) that, once 4. when requested from fellow states
granted bail, the applicant will not be a or from the United Nations by the
flight risk or a danger to the community; parties to a dispute or a state beset
and (2) that there exist special, by rebellion.
humanitarian and compelling
circumstances including, as a matter of Drago Doctrine intervention not
reciprocity, those cited by the highest allowed for purpose of making state pay
court in the requesting state when it its public debts.
grants provisional liberty in extradition
cases therein. (Government of the US vs. Retorsion retaliation where acts
Hon. Purganan and Mark Jimenez G.R. complained of do not constitute legal
No. G.R. No. 148571. September 24, ground of offense but are rather in
2002) nature of unfriendly acts done in
pursuance of legitimate state interest
VIII . INTERNATIONAL DISPUTE but indirectly hurtful to other states.
actual disagreement between states
regarding conduct to be taken by Reprisal unlawful acts taken by one
one of them for protection or state in retaliation for also unlawful acts
vindication of interest of other. of another state, purpose being to bring
Art. 33 of the UN Charter provides offending state to terms. Includes:
that the parties to any dispute shall 1. Display of force;
first seek a solution through pacific 2. Pacific blockade;
or amicable methods 3. Occupation of territory; and
4. Suspension of treaties;
Amicable Methods of Settling Disputes: 5. Embargo detention by state
(JC MARGEN) seeking redress of vessels of
1. Negotiation offending state or its nationals,
2. Enquiry whether such vessels are found
3. Tender of Good offices in territory of former or in the
4. Mediation highseas.
5. Conciliation
6. Arbitration X. WAR
7. Judicial settlement; and armed contention between
8. Resort to regional and international public forces of states or other
organizations. belligerent communities implying
employment of force between
Hostile methods: (SIR2) parties for purpose of imposing
1. Severance of diplomatic relations; their respective demands upon
2. Intervention; each other.
3. Reprisal;
4. Retorsion. Basic Principles of War:
1. Principle of Military necessity
Intervention act by which state belligerents may employ any amount
interferes with domestic or foreign and kind of force to compel
affairs of another state through the use complete submission of enemy with
of force or threat of force. least possible loss of lives, time and
money;
When Intervention is Sanctioned: 2. Principle of Humanity prohibits
1. as an act of self-defense; use of any measure that is not

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla,
Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
96 2005 CENTRALIZED BAR OPERATIONS

absolutely necessary for purposes of


war; and
3. Principle of Chivalry basis of such
rules as those that require X. NEUTRALITY
belligerents to give proper warning condition of state that does not
before launching a bombardment or take part, directly or indirectly
prohibit use of perfidy (treachery) in in war between other states.
conduct of hostilities.

Participants in War: NEUTRALITY NEUTRALIZATION


1. Combatants
1. dependent on 1. result of treaty
a. non-privileged;
attitude of wherein
b. privileged. duration and
neutral state,
2. Spies; which is free to other conditions
3. Mercenaries. join either of are agreed upon
belligerents any by neutralized
Rights of a Prisoner of War: time it sees fit state and other
1. To be treated humanely; states
2. Not subject to torture;
3. Allowed to communicate with their
2. governed by laws 2. governed by
families;
of nations neutralization
4. Receive food, clothing, religious agreement
articles, medicine;
5. bare minimum of information; 3. obtains only 3. intended to
6. keep personal belongings during war operate in
7. proper burial; peace and in
8. group according to nationality; war
9. establishment of an information
bureau; 4. only states may 4. applicable to
10. repatriation for sick and wounded become neutral portion of state
(1949 Geneva Convention)
Termination of War: Angary belligerent may upon payment
1. simple cessation of hostilities; of just compensation, seize, use or
2. conclusion of a negotiated treaty of destroy, in case of urgent necessity for
peace; and purposes of offense or defense neutral
3. defeat of one of belligerents. property found in its territory, in enemy
territory or on high seas.

R2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT


C HAIRPERSONS
Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang (VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics) Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)