INTERPRETATION OF THE

CONSTITUTION

CONCEPT OF STATE

Sovereignty

Territory

South China Sea Decision

State Immunity

ART II DECLARATION OF
PRINCIPLES AND STATE
POLICIES
SEPARATION OF POWERS

Bayan Muna v Romulo

Separation of Powers;
political
enter question
into executive
agreements; political
Belgica
“Pork v Ochoa
Barrel” System
Declared
Unconstitutional:
DELEGATION OF POWERS
Administrative Powers
Disini v SOJ
Tests to determine valid
delegation
Reason for of powers of
delegation
powers
La Suerte v CA
Limitation on power to
fill in details
SEPARATION OF POWERS
Separation of powers;
political question
Bayan v Romulo
enter into executive
agreements; political

Rule Making Authority

Quasi judicial power

Exhaustion of
Administrative Remedies

Primary Jurisdiction

Treaties and
International Law
Principles

Therefore...

JACK 2015
Nuclear Weapons
Social Justice
Human Rights
Family

Youth
Women
Right to Balanced and
Healthful Ecology!
Precautionary Principle
Writ of Kalikasan

JACK 2015
Paje v Casino

West Tower v FPIC

reliant economy, but

does not impose policy of
Espina v Zamora

ART IV CITIZENSHIP
JACK 2015
David v Agbay
Poe v Comelec

Albano construed,
strictly
burden lies in the
Maquiling
petitioner v
toComelec;
prove
Arnado v Comelec
Effect of use of American
passport after
renunciation of foreign
citizenship.
Poe v Comelec
admittedly foundling, a
natural-born that
Constitution citizen of
discriminate
provisions of against
R.A. No.
9225 didof
Concept not
theresult
phrase
Circumstantial
"from birth." evidence
allowed to prove
citizenship.

ART V SUFFRAGE
JACK 2015
Kabataan Party List v
Comelec

ART VI LEGISLATIVE
DEPARTMENT
Residence

SJS v DDB
qualification of an
elected public officer
CIBAC v Comelec
Party list

Members
HRET
Co v HRET
HRET as sole judge
Fernandez v HRET
HRET as sole judge
Guerrero v Comelec
Congressional candidate
has been proclaimed,
taken his oath, and

SET

Tax Exemptions

Belgica vfactor
Defining Ochoaof the
PDAF or Pork
measures likeBarrel of
project
members of Congress.
identification, etc. not
part of of
Nazareth
Power thev oversight
Villar
Augmentation
of Public Funds;
Limitations to the
Purposes
authority to RA
of 8439.
transfer
funds.
JACK 2015
Party list system
Licu v Comelec

ART VII EXECUTIVE

DEPARTMENT
Presidential Immunity

Executive Power

Power of Control
take care clause

Military Powers

Pardoning Power

JACK 2015
Pardon: San Diego
Executive Clemency:
Risos Vidal
Diplomatic Power,
Treaties and Executive
Agreements

international agreement
shall be

JACK 2015
LBP v Atlanta
Saguisag v Ochoa
Power of Appointment:
Velicaria-Grafel v OP
Almario v Exec Sec
Concept or Nature of
Faithful Execution Clause
Araullo v Aquino
offices are allowed to
transfer funds
funds under within
Section
25(5), Article VI of the
Concept of “savings.”
officers not authorized
Requirement
to, cross-broader that should
be met if there is
cannot be usedoftofunds.
augmentation fund
non-existent
The Operative provisions
Fact
Applied
Doctrine in the DAP
(Disbursement
Operative Fact Extends
Acceleration
as well to a VoidProgram)
or
Unconstitutional
Aguinaldo v Aquino
Justices at SB; clustering
Nature of theispower
of nominees not to
deport; Act of State;
subject to
Funa v Agra
Solicitor judicialmay
General review.
not
be designated as Acting
prohibition
Secretary ofagainst
Justice.
holding multiple
Risos
Former Vidal v Comelec
President Joseph
Estrada granted absolute
President
pardon. cannot be
limited by legislative
Saguisag
protect itsv citizens,
Ochoa
represented
How the Presidentby the
President;
carries out Constitutional
such
Power
important duty not
absolute
absolute
Lagman v Medialdea
meaning of appropriate
proceedings covered by
Sec.
third18[3],
paragraphArticleof VII of
Section
Congress 18,and Article
CourtVIIon
declaration of
review versus the martial
Extraordinary
congressional powers;
power to
exercised
Police powerif there is
exercised
actual
during rebellion.
martial law
Court’s review confined by the
President
to sufficiency not
accuracy
Probable of factual
cause basis.
is the
allowable standard of
Appropriate proceedings;
proof for thePresident
contempt
Baldoz v COA
sufficiency of the bases
by the President falls in

Padilla et. al. v. Congress

of the Philippines
jointly in relation to
proclamation of Martial

Padilla rt. al. v. Congress

when
of the it revokes
Philippines
proclamation
Vinuya et. al. v.
Honorable Exec. Sec.
Foreign relations

Saguisag, et al. v.
Executive Secretary
conduct foreign
relation toits
relations; the power of
nature;
the President as the sole
expansive power of the
organ in international
President of
Basis why EDCA Foreign
is an
executive agreement
Distinguishing feature of
a vast power
executive to enter
agreements.
into executive
agreements; role of the

Laude, et al. v. Hon.

Roline M. Ginez-Jabalde
unconstitutional,
violation of equal

ART VIII JUDICIAL

DEPARTMENT
Judicial Review

JACK 2015
International Service v
Greenpeace
Rosales v ERC
Saguisag v Ochoa

Actual Case or
Controversy

JACK 2015
 In re: Save the SC
Locus Standi

JACK 2015
Lis Mota: FDCP v Colon
Doctrine of Hierarchy of
Courts

Doctrine of Non-
Interference or Judicial
Stability

Courts/JD
WRIT OF AMPARO

JACK 2015
Mison v Gallegos
WRIT OF HABEAS DATA
JACK 2015
Zarate v Aquino

PRACTICE OF LAW
JBC
JACK 2015
Villanueva v JBC

JUDGES

DISCIPLINARY
AUTHORITY

Decisions

ART IX
APPEALS

JACK 2015
Fortune v COA
Querubin v Comelec
ART IX-B
Civil Service Commission
Governemnt Owned and
Controlled Corporations

LEGAL COUNSEL FOR

GOCCS

PROCEEDINGS
PREVENTIVE
SUSPENSION AND BACK
SALARIES

REINSTATEMENT AND
BACKWAGES

COMPENSATION

JACK 2015
Torres v De Leon
Monopoly and Poverty
(LAMP) v. The Secretary
Requisites
of Budget andof the power
of judicial review.

Saguisag, et al. v.
Executive
Concept ofSecretary
the power of
judicial review

Oposa
How v. Factoran
1987 Constitution
strenghtened judicial
power

Morfe v. Mutuc
How the moderating
power exercised

Sabio v. Gordon
case already pending in
court does not violate

Conchita Carpio-Morales
Judicial
v. CA power may not
be exercised in vacuum;
meaning of principle

Marcos
Conceptv.ofManglapus
political
question does not
preclude judicial review

GSIS v. Heirs of Fernando

of the Supreme Court
F. Caballero
(Section 5[5], Article VIII,
1987 Constitution)
Gutierrez v. The House of
Representatives
Meaning
Committeeof on
“initiate”
Justice in
impeachment

Nolbejas v. Teehankee
Power of suspension by
the Ombudsman

Garcia v. Mojica
When Ombudsman may
impose preventive

The Ombudsman v.
Requisites
Valeroso for Issuance
of Suspension by
Ombudsman

ART. IX-C COMELEC

ENFORCEMENT OF
ELECTIONS LAWS
Failure of Election

Voters Receipts

Certificate of
Candidacies
House of
Representatives was

Second
Placers/Succession

Pre-Proclamation
Controversies

Election Period
ART IX-D COA of
Disallowances
Benefits, Salaries, Per
Diems and Bonuses
Liability, Good Faith,
Refunds

Bedol v. Comelec
Jurisdiction of COMELEC;
decisions to be brought
to SC via Rule 64

Funa v. Duque
Chairman to the Board of
GSIS, ECC,
Promotional etc. violates
appointment
theCOA
of independence
Chairman; of the
condition.

JACK 2015
Almadovar v Pulido-Tan
Fortune v COA
Maritime v COA
Daraga Press v COA

ART X LOCAL
GOVERNMENT
Local Autonomy

Decentralization
General Welfare Clause
Local Taxation

Patrimonial Property

Boundary Disputes

Quorum

Contractual Authority

JACK 2015
DEMOLITION OF ILLEGAL
CONSTRUCTION
Almadeo v City Mayor of
Baguio
JACK 2015
Morales v CA

OTHER ARTICLES
EXPLORATION OF
NATURAL RESOURCES
JACK 2015
Dolphins

Conchita-Carpio
Condonation v. CA
doctrine
without basis in the
Constitution and law

Abundo Sr.ofv.the
Coverage COMELEC
3-term
limit and the reason for
the same
renunciation of the office
Involuntarily
of an elected interrupted
official on
terms, not considered a
term

Talaga v. COMELEC
Objective of 3-term limit

Dizon v. COMELEC
3-term limit; effect of
disqualification.

Aldovino v. limit;
the 3-term COMELEC
preventively suspended
may not run for fourth

Umali v. COMELEC
therein” includes all
voters in the LGU

SJS v. Lim
classify and reclassify
their properties; police

Angeles University
Foundation v. City of
impose
Angelesfees for purposes
of regulation in the

Aquino v. COMELEC
population not an
indispensable

Talaga v. COMELEC
When second placer wins

Navarro v. Ermita
Criterion in creating a
local government unit.
Aurora
midnightv. appointments;
Marco
pplies only to
presidential appointees

League of Cities v.
COMELEC
exemption from
Enactment
coverage ofof the laws,
P100M
an exercise of legislative
power

Mosqueda v. Pilipino
Banana Growers
Requisites of a Valid
Ordinance

Brgy. Mayamot v.
Antipolo
over boundary disputes
between barangays.

Tobias
and notv.counted
Cadiao in the
determination of the
required votes touphold

Learning Child v. Ayala

Alabang
Ordinance prevails over
use of property

Manila Memorial Park v.

DSWD
discount considered as
R.A. Nos. 9257
an exercise & 9442
of police
do
Reason why seniorequal
not violate the
protection
citizens areclause
granted the
benefits
Drugstores Assoc. of
Phil. v. Nat'l
Discount Council
to PWDs is o
an
DisabilityofAffairs
exercise of police
power

City of Manila v. Laguio

Nature of power of
eminent domain
“Taking” under the
Power of Eminent
LBP v. Hababag
Agency that determines
just compensation

DAR v. Berina
Point to Determine Just
Compensation

Republic v. Heirs of
Bonbon
Concept of public use
Effect if the expropriator
abandons the public use.

Republic v. BPI
State took a private
property for public use;

Republic v. Far
for National East
Government
Infrastructure Project
and for Other Purposes

Regidorof
Nature v.the
People
power of
Ombudsman to impose
administrative liability.

Bautista v. CSC
Reorganization must be
done in good faith

ART. XII

Gamboa
Meaning v.andTeves
purpose of
the Filipinization of
“capital” of a public
public utilities.
utility company
Reason in the
for the foregoing
definition of “capital.”

Francisco, Jr. v. Toll

Regulatory
the form of Board
statute, but
also those granted by
Beumer vs. Amores
Aliens cannot acquire
land in the Philippines

Republic v. before
Requisites Cortez one
may acquire property of
public dominion.

Muller v. Muller
the Phils.; purpose is
conservation of national

ACADEMIC FREEDOM
JACK 2015
Cudia v PMA

Espirtu Santo Parochial

School v. NLRC
Academic Freedom

ART III BILL OF RIGHTS

Police Power

Cooperation Council
Approved Medical
Centers Association
Eminent Domain
Weird Case
Migz says cos claim is
still unliquidated

JACK 2015
Napocor v Manalastas
Power of Taxation

Due Process
No due process in this
case >>>

JACK 2015
Estrada v Ombudsman
SWS v Comelec
 Lai v People
People v Cojuangco
Investigator cannot be
prosecutor at the same
time
Subido v CA
inquiry of AMLC of bank
deposit NOT violative of
Ligot v RP
Concept of PC under
AMLA
Mosqueda v Bananas!
Due Process and PP
Legaspi v Cebu
authorizes
immobilization of illegal
parked
Tua cars by clamping
v Mangrobang
Reason for rule that a
TPO under 9262 can be
issued exissuance
Ex Parte parte of TPO
not violative of due
process
Equal Protection

JACK 2015
Presence of Distinction:
Villanueva
Ferrer v JBC
v Bautista
(garbage fee ordinance)
Absence of Distinction:
1-United v Comelec
Probable cause
Villanueva
EPC v JBC
does not require
universal application of
laws
Mosqueda v Bananas!
Determine Propriety of
Application of rational
Classifiication under the
basis test;
Effect of violative of
EPC
underinclusiveness and
overinclusiveness
SJS v DDB
Mandatory drug testing
Mandatory
of studentsdrug
contitesting
of person charged with
League of Cities v
crimes unconsti
Comelec
Requistes of Valid
Classification
Arrests

Searches and Seizures

JACK 2015
Absence of PC:
Comendiante v People
Homar v People
Presence of PC: Petron v
Ong
Waiver: Dela Cruz People
Dela Cruz v Pp
inspection at port by
port authorities valid
Pp v Cogaed
Nature of stop and frisk
Pp v Calantiao
Plain view doctrine
Disini v SOJ
Overbreadth Doctrine
GMA v Comelec
Aggregate based airtime
is unreasonable and
Monitoring requirement
arbitrary; reasons
is valid; reasonable

Right to Privacy
Vivares v STC

Freedom of Speech
Diocese of Bacolod
Freedom of Expression,
etc
Removal of tarp,
content-based restriction
Southern
On Hemisphere
its face invalidation
of penal statutes not
allowed
Soriano v Laguardia
Danger Rule is not only
test to restrain forms of
SWS v Comelec
freedom of speech; press
guarnatee of equal
opportunity to public
Chavez v Gonzales
Threat to arrest and
cancel license; content
based restriction

Dichotomy of treatment
between broad cast and
print media

Similar Considerations
apply in the area of
national security
Tests on the restraint of
freedom
4 Aspectsofofspeech
the Freedom
of the Press
Distinction on restraint
of freedom of speech

FREEDOM OF RELIGION
Soriano v Laguardia
Freedom of Religion;
effect of insulting words
In re: Letter of Tony V
religious rituals in halls
of justice would be
JACK 2015
Diocese of Bacolod
Davao v Aranjuez
SWS v Comelec
1-United v Comelec [Reso 9615
prohibited
Freedom posting of campaign
of speech, etc
materials on PUVs]
and franchises; content-
neutral restriction
Content Neutral
Regulation
against the posting of
State
decalsmay
andregulate
stickers on
posting of COMMERCIAL
ads on vehicles; reasons

Perfecto v Esidera
RIGHT TO INFORMATION
JACK 2015
Sereno v Committee on
Trade
Valmonte v Berimonte
Request for copy of 2008
SALN of SC Justices
Sereno v CTRM
Requisites before right
to information
IMPAIRMENT OF may be
compelled OF
OBLIGATION
CONTRACTS
JACK 2015
SWS v Comelec
Nueva Ecija
imposed v ERC
by ERC does not
violate the non-
impairement clause;
RIGHTS DURING
INVESTIGATION
De Castro v Pp
Guting v Pp
When custodial
investigation commences
Pp v Pepino
Right to Counel
commences
Pp v Lara
Pp v DacanayConfession
Extrajudicial
while at a detention cell;
effect
Luz v People
pursuant to routine
traffic stop cannot be
Jesalva v Pp
to the police, not part of
questioning; admissible
Pp v Cristobal

Pp v Chavez
Effect if accused is
invited by police to shed
light
RIGHT onTOa particular
TRAVEL case
Pp v Chavez
OCA vs Judge Macarine
Limitation on Right to
Travel

BAIL
JACK 2015
Enrile v SB

RIGHT TO BE INFORMED
JACK 2015
Sevilla v Pp
People v Chi

RIGHT TO SPEEDY TRIAL

JACK 2015
Bonsubre v Yerro
Torres v SB
Vexations delay results
Purpose of rule
in dismissal on
of case
speedy disposition of
cases

DOUBLE JEOPARDY
JACK 2015
Existence: Bonsubre v
Yerro
Pp v De Leon
Saldariaga v Panganbian
Chiok v Pp
Asistio v Pp
Ivler
Therev is
San Pedro
double jeopardy
if a person is charged
with
Jacob the same
v SB
Oral order offense. of
of dismissal
a criminal case; no
double jeopardy; void.

JACK 2015
ADMIN LAW
REGULATION
Villanueva v JBC
QC v Deped
JUDICIAL REVIEW
Basiano Mining v DENR
EXHAUSTION OF ADMIN Sec
REMEDIES
Applicability
 Rosales v ERC
Inapplicability
Carolino v Senga
BDO v RP
Gonzales v Marmaine
UOB v BOC-HLURB
Ferrer v Bautista
DOF v Dela Cruz

JACK 2015
PUBLIC OFFICERS
APPOINTMENT
Eligibility
Dela Cruz Case
Estrellado v David
Provincial Govt of Aurora
v Marco
Disqualification
Seneres v Sabido
De Facto Officer
Funa v CSC Chair
ADMIN CASES
Complaint: Nacias v COA
Dismissal of Criminal
Case: Narcisoby
Condonation v Ong
Re-
election:
Innocence: GarciavvCA
Morales
Molina
Preventive Suspension:
Garcia v Molina
Rights and Prvileges
Retirement Benefits:
Veloso for longevity pay
Disallowed benefits:
Maritime v COA
TESDA v COA
Almadover v Pulido-Tan
Silang v COA
ELECTION LAW
Disqualification
Material
Misrepresentation:
Late Submission:
Villafuerte Engle v
v Comelec
Failure
Comelec to Renounce
Foreign Citizenship Chua
Reversion
v Comelec to Foreign
Citizenship:
Residence
Jalover v Osmena
Caballero v Comelec
Velasco v Belmonte
Conviction for Libel: Ty-
Delgado
Reg v HRET
as Voter: Hayudini v
Comelec
FAIR ELECTION ACT
SWS v Comelec
AUTOMATION
Bagumbayan v Comelec
ELECTION CONTEST
Legaspi v Comelec
PROCLAMATION OF
WINNER!
Aksyon v Comelec
Garcia v Comelec
ADJUDICATION
Tanada v HRET
Abayon v HRET
EXECUTION PENDING
APPEAL
Tolentino v Comelec
CRIMINAL OFFENSES
Transfer of Employees:
Suspension of Pending
Aquino v Comelec
Admin Case: Javier v
Comelec
ELECTION LAWS

Salcedo v. COMELEC

Villafuerte v. Commission on Election

Arnado v. COMELEC

Agustin v. COMELEC
ground to cancel COC or
to disqualify a candidate

Nature of petition under

Sec. 78
Dual Citizen cannot run
for public office

Talaga v. COMELEC
Sec. 78 & 68 of the OEC
should not be confused

Cayat v. Comelec
declared disqualified by
final judgment before
election day, effect on
Ty-Delgaldo v. HRET
Conviction for libel;
candidate disqualified

Garcia
filed v. COMELEC
within 10 days is
mandatory and
jurisdictional
Timbol v. COMELEC
Concept of nuisance
candidates

Maquiling
Wreath of v. COMELEC
victory cannot
be transferred to an
ineligible candidate
Luna v. COMELEC
Substitution of candidate

Cerafica v. COMELEC
Substitution of under
age candidate

WAYS OF AMENDING
CONSTI
IMMUNITY OF STATE
FROM
ReasonSUITY
behind principle
Immunity of State from
of State Immunity
suit; not instrument
Immunity of Sate fromto
perpetuate injustice.
suit, a generally
accepted principle of IL.

Admin Law

Samar II v. Setudo
Doctrine of Primary
Jurisdiction

Montanez v. Provincial
Agrarian of
Doctrine Reform
Primary
Jurisdiction

Gonzales v. Hechanova
Exhaustion of
administrative remedies;
exceptions

Public International Law

Incorporation; The
Doctrine of

Magallona v. Ermita
of innocent and sea lanes
passage under UNCLOS

Arigo v. Swift
UNCLOS; balance State
sovereignty
Jurisdictional rules under
the International
Criminal Court.
Based on the tenor and text of Section 30 (Appellate Jurisdiction of the Supreme Court), Article VI of the
against increasing the appellate jurisdiction of the Supreme Court without its advice and con
The Constitution is an instrument providing the process of structuring government in order th
retrospectively.
It is an entire legal framework for Philippine Society
Its entirety should not be interpreted as providing guiding principles to just about anything re
with the Fundamental Law.
Article X (Local Government) of the 1987 Constitution guarantees and promotes the administrativ

Sovereignty is the possession of sovereign power.

Jurisdiction is the conferment by law of power and authority to apply the law.
Our recognition of the principle of sovereign independence does not extend to exemption of S
Agreed Locations
compliance areregulatory
with PH territorieslaws.
of the PH that US forces are allowed to access and use.
Legal status of archipelagic waters, of the air space over archipelagic waters and of their bed and subsoil
By withholding ownership and retaining unrestricted access to them, the government asserts
national parks, public forest, timber lands, forest reserves or fishery reserves, and
(3)
(2) Actions of China
marine waters all violate
included its obligations
between two linestodrawn
respect the rights of the
perpendicularly PH over
to the generalits EEZ
coastline
(4) China's construction of installations and structures, and later on the creation of an artifici
obligations.
document agreeing to be held jointly and solidarily liable. Such defense, however, was reject
GR: All money
Workers claimsafforded
Act) precisely against the the Government
OFWs with a must recourse firstagainst
be filedthe
withlocal
the agency
Commissionand theon Aud
fore
days. Rejection of the claim will authorize the claimant to elevate the matter to the Supreme
Exc: If the funds
the State thereby.have been appropriated but merely remain unreleased with the government
COA. Theifbeneficiaries
Remedy Commission can claimrejects
of Audit straight
thefrom that
claim: Whengovernment agency on Audit rejects the
the Commission
matter toofthis
Doctrine Court
State on certiorari
Immunity cannotand,
serveinas effect, sue the
an instrument forstate.
perpetrating an injustice to a citizen (like
encroachesprivate
Whenever upon private
property property)
is taken for public use, it becomes the ministerial duty of the concer
expropriation
When the State proceedings.
enters into By necessary
a contract implication,
which creates mutualthe filing
or of a complaint
reciprocal rights expropriation
forand obligatio
estrictedexpress
rwithout state immunity
consent. to acts
Itsjus imperii,to
consent or be
public
suedactsis
. [vs commercial
implied from itstransactions]
entry into the contract and
its officials and agents, irrespective of rank...
By
Exc: this
Therecognition,
... even ifrule
its on
agents' we acknowledge
prior
non-estoppel mistakes
of the orthat a foreign
illegal
government government
actsisshackle
not acting
government
designed in its jusan
operations
to perpetrate imperii
and functio
allow o
injustice." T
official error or misbehavior, and
Republic's non-estoppel have been recognized. [especially when it involves transcations not
Equitable estoppel is not used to defeat the law.
Art. II provisions are not self executing. Exception is Sec. 16 under right to a balanced and health
Allowing
By creating thethe
presence
Advisory of Council
US personnel within PH
and Technical territory is
Evaluation a policy question,
Committee, not within
the Congress merelythec
COMELEC to enforce and administer R.A. No. 8436 (An Act Auhtorizing the COMELEC to Use an Automated
Act
In
The Amending
therole of RA8436
exercise of).his
It does
the judiciary in not,
powers however,
under
this casethe substitute
Constitution
is merely its
and
to determine own
thewisdom for
Executive
whether ourthat
Order of(E.O.)
the COMELEC
government No.
has292the(o
1987)
against to allow the interment
the referral decking of Marcosand
system, at the LNMB,
whether which
this is a landisof
prohibition the public
being domain legal
implemented devo
If an issue is justiciable, it comes within the power
under our Constitution's separation of powers, this Court cannot cross. of judicial review. As such, the RTC skirted
improperly relying on the political question doctrine.
Senator who assaulted another Senator and was suspended for disorderly behavior, because
a legally binding
separate international
and co-equal department written
to contract
take any among
particular nations.
action.
An act of the
budgeting executive
wherein itemsbranch with
are not a foreigninto
textualized government must be afforded
the appropriations great
bill, it has respect.
flouted Th
the pre
presentment and, in the process, denied the President the power to veto items;
control and supervise the exploration, development, utilization, and conservation of the coun
While the Department of Justice may perform functions similar to that of a court of law, it is n
review under Rule 43 of the Rules of Court cannot be brought to assail the Secretary of Justice's resolution di
probable cause since this is an "essentially executive function".
Any question on whether the Secretary of Justice committed grave abuse of discretion amoun
AMLC's
affirming, investigation
reversing, or of modifying
money laundering offenses
the resolutions of and its determination
prosecutors may be the of possible
subject ofmoney a petitl
inquiry into certain bank accounts allowed by court order, does not transform it into an inves
powers
AMLC is[not onlyaan violation to rightbody,
investigatory to procedural
not a body due process] quasi judicial functions.
exercising
The Office of the Deputy Executive Secretary for Legal Affairs [ODESLA] is merely a fact-findi
There is nothing
President; and thus,in EO No. 13
it does [Abolishing
not have the thepower
Presidential Anti-Graft
to settle Commission andand
controversies Transferring
adjudicateits Investigativ
cases.
the Office of the Deputy Executive Secretary], which states that the lack of recommendation of the ODE
already been transferred
administrative case void. to the it
Thus, RTC acting
cannot beas a special
said commercial
that petitioners court.
were deprived of their right
The authority of the SEC to hear cases exists regardless of whether an action involves issues cognizable by the R
Yet, it must
act upon be stressed
those which are that under
merely Section 5.1
administrative and(n) of the SRC,
regulatory the SEC is permitted to exercis
in character.
provided
Arbitral for bydoes
tribunal lawnot
ashave
wellany
asinherent
those which
powersmay
over be
the implied
parties. Itfrom, or power
has no which are necessary
to issue coercive or in
w
express
a need
The powers
to resort
arbitral granted
to the
tribunal the SEC to achieve
regularjurisdiction
acquires the
courts for interim objectives
over themeasures
parties and and purposes
of protection of
the subjectand these
for the
matter laws. [broa
recogniti
through stipu
award.
award, the tribunal becomes functus officio and - save for a few exceptions - ceases to have
There
dispute. is a difference between ordinary or commercial arbitrators under Arbitration Law vs vo
the CIAC. The subject matter j/d of the former is stipulated by the parties. Thet of the former
Commercial arbitrators in arbitral tribunals are not quasi judiical bodies. They are not include
RTC can confirm or vacate (not reverse) arbitral awards.

Under the first test, the law must be complete in all its terms and conditions when it leaves t
reaches
tax the delegate,
exemptions. This isthe only thing
coupled hegrowing
by the will have to do is
inability ofto enforce
the it. to cope directly wit
legislature
attention.
16
statutory authority or standard granted by the legislature. Specifically, the regulation must (1
object and purpose of the law; (2) not contradict, but conform to, the standards the law presc
Senator who assaulted another Senator and was suspended for disorderly behavior, because
separate and co-equal department to take any particular action. In Osmena v. Pendatun, 109
a legally binding international written contract among nations.
An act of the executive branch with a foreign government must be afforded great respect. Th

It must be promulgated in accordance with the prescribed procedure;

When
(3) there are two conflicting laws, the first step is to attempt to harmonize the seemingly i
really not possible, choose one over the other (generally, the later law supersedes an older la
Regulations
general law, may
laws not enlarge,
prevail over alter, or restrict the provisions of the law it administers; it cann
ordinances.
Revenue
contemplatedCode byforthe
thelegislature.
exemption from VAT on its sale of refined sugar, its exemption from the
automatically be granted and recognized. SC rejects the CIR's insistence that RR No. 13-2008
The basic
Refined Sugarrule is thatthe
) requires if any BIR rulingofor
submission a issuance
certificatepromulgated by theasCIR
of good standing is subsequently
a condition to a cooprev
by the court, the revocation/nullification cannot be applied retroactively to the prejudice of the taxpayers .
Notice and hearing
As is evident from the arepreviously
not essential when
quoted an administrative
provisions agency
of Book VII, acts2 pursuant
Chapter to its rule
of the Administrati
validity of rules promulgated by administrative agencies is the filing of three (3) certified cop
Interpretative
Law regulations
Center. Within 15 need
days notfiling,
of be published in the
administrative Official
rules becomeGazette or filed in the Office of Na
effective.
Quasi-legislative
Law Center. Interpretative regulations add nothing to the law and do notthe
power is exercised by administrative agencies through promulgation
affect substantialof rig
confines of
including the granting
ruling statute and of
on the classification thearticles
doctrineof of non-delegation
sales of powers flowing from th
and similar purposes.
government.
enforce have the force of law and enjoy the presumption of constitutionality and legality until they are se
Rulings
case by of the CIR are court.
a competent appealable to CTA only. The CTA can now rule on (1) the propriety of a
An administrative regulation adopted pursuant to law has the force and effect of law and, un
Admin agencies which
and administrative were created
agencies, including to address the complexities
the President as the chief of settlingof
executor disputes
laws. count am
of contracts
HLURB is theandagencythe determination
tasked to oversee of thetherights of parties,
specific whichbytraditionally
compliance developerswere with the
theirexclus
cont
[Such
As functions
as maintaining
a rule, technical are quasi
the open judicial
rules space functions.]
as non-alienable
of procedure and evidence and are
non-buildable, there is noproceedings
relaxed in administrative doubt thatintheor
mortgages of condominium or subdivision units.
just, speedy and inexpensive determination of their respective claims and defenses. Howeve
CIAC was included
observance in the. enumeration
of fundamental and essential of quasi-judicial
requirements agencies whoseindecisions
of due process or cases
justiciable awards prm
Appeals in a petition for review under Rule 43.
or scientific facts within its specialized knowledge.
National Telecommunications Commission is co-equal with RTC. RTC cannot interfere with NTC
NTC may grant the provisional relief, on its own initiative or upon a party's motion, based on
affidavits
A cease and anddesist
supporting
order is documents,
quasi-judicialwithout prejudice
in nature, as it to a finaladecision
applies legislative after completion
policy of
to an indiv
the lawcontempt
When containing the policy. against quasi-judicial entities, the filing of contempt charges in
is committed
quasi-judicial entities are not by law granted contempt powers.
General Rule
Compliance with the requirements on administrative claims with the CIR, which are to preced
on a matterimpinge
indubitably that comes within
on the tax his jurisdiction,
court’s then such remedy must be exhausted first before t
jurisdiction.
be sought.
Exceptions
When the question involved is purely legal and will ultimately have to be decided by the cour
Ex. Question as to whether an Ordinance is valid and enforceable despite absence, prior to it
pure question of law, which is within the competence and j/d of the RTC to resolve.
Ex. Question as to whether the Notice of Lis Pendens must be cancelled
Tthe doctrine
In assailing of exhaustion
a Memo issued by of an
administrative
admin agency, remedies barsagency
the admin recourse to thefirst
should courts at theoppr
be given ver
would still beof
The decision dissatisfied
an attached with the decision
agency such asofthe theMARINA
Secretary,
in thethey could
exercise of itselevate the matter
quasi-judicial functionbeis
has
Such control and
decisions supervision
are appealable over
to the
the Department.
Office of the President, having been made
The doctrine of primary jurisdiction instructs that if a case is such that its determination requby its (the attached agen
not as
and his (the President's)
knowledge alter egos.
of an administrative body, relief must first be obtained in an administrative p
The
had limited jurisdiction of the National Commission on Indigenous People is concurrent with t
While the doctrine of concurrent jurisdiction
latter's general jurisdiction extending to all controversiesmeans equal brought
jurisdiction to deal
before them with the the
within same s
lega
upheld
exclusive original jurisdiction, among others, over the annulment or cancellation of lease contracs
the settled rule that the body or agency that first takes cognizance of the complaint
exclusion
amendments
R.A. of the
No. 6657 others.
involving
vests withlands under
the DAR thethe administration
primary and
jurisdiction todisposition
determine of and the Department
adjudicate of A
agraria
the Philippines and those cases involving the sale, alienation, pre-emption
involving the implementation of agrarian reform except those falling under the exclusive juris and redemption o
Agriculture
Observance(DA) of anyandtreaty
the Department of Environment
obligation binding upon theand Natural Resources.
government of the Philippines is ancho
the Philippines "adopts the generally accepted principles of international law as part of the la
such as local legislation.
is a fundamental international law principle that requires agreeing parties to comply with their tr
There must be an act more than ratification to make a treaty applicable in our jurisdiction.

Ergo, provisions of the National Internal Revenue Code must be subject to the provisions of tax treatie
Foundlings
countries. are likewise citizens under international law. The common thread of the UDHR, UN
Philippines
presumed to havegrant
to nationality
the "nationality from
of the birthofand
country ensure
birth," The that noischild
second is stateless.
the principle This grant
that a foundling of n
is presu
and it contained
found, cannot
The Madrid be in
accomplished
Protocol Article
does2notof the by
1961
amend theorapplication
United Nations
modify the ofIPour present
Convention
Code on
onthe
thenaturalization
Reduction oflaws.
of Statelessness:
acquisition trademark xxx.ri
the 1930
under theHague
MadridConvention
Protocol arenor toexamined
still the 1961 Convention
according toon the
the Reduction
relevant of Statelessness
national law. In that redo
and within the territorial jurisdiction of the other, which, being competent
the Philippines will only grant protection to a mark that meets the local registration requirem to try and to punish
part of customary
For purposes ofinternational law, although
the extradition of Munoz,the duty to extradite
the Hong Kongexists only Administrative
Special for some international crimes.
Region Th
(HKSA
establish the following six elements, namely:
(1) there must be an extradition treaty in force between the HKSAR and the Philippines;
(2) the criminal charges that are pending in the HKSAR against the person to be extradited;
(3) the crimes for which the person to be extradited is charged are extraditable within the ter
(4) the individual before the court is the same person charged in the HKSAR;
(5) the evidence submitted establishes probable cause to believe that the person to be extra
and
(6) the offenses are criminal in both the HKSAR and the Philippines (double criminality rule) -
criminal under
instrument does the lawsthat
it say of both the requesting
the View and the forms
of the Committee requested
part states
of the treaty. xxx. Any View
displays
A taxpayer can avail itself of the preferential tax rates in a tax treaty,per
"important characteristics of a judicial decision" and are not se decisions
even whichdm
if the taxpayer
The general prohibition on nuclear weapons, whether prepositioned or not, is
requiring filing an application for tax relief. The obligation to comply with a tax treaty prevails already express
be unnecessary
GR: Separation pay or superfluous
shall be allowedto include all prohibitions
as a measure of socialalready
justiceinonly
theinConstitution
those instancesor in the
whe
Defense Cooperation Agreement
for causes OTHER THAN serious misconduct, willful disobedience, gross and habitual neglect
commission of a crime against the employer or his family, or those reflecting on his moral ch
highest priority to the enactment of measures that protect and enhance the right of all the p
would be incapable
economic, and of carrying
political out the
inequalities. ordinary
State dutiestorequired
is official
required defend in
thea right
marriage;
of (b) have
children juridic
assistanc
For such a socially significant institution, an state pronouncement
in the history of the party antedating the marriage, although the overt manifestations may e through the courts,
exacting norms of society. Not only would such an open and public declaration by the courts
Only a child
contract above fifteen
of marriage, (15)same
but the yearswould
but below eighteen
be easily (18) years
verifiable through of records
age whoaccessible
acted withtodis e
criminal responsibility.
sacrament of marriage." Nevertheless, the saidregard
xxx. With particular child does not immediately
to women, Republic Act proceed
No. 9710to trial - mM
or the
women
issue of against discrimination
transcendental in all with
importance matters relating to marriage
intergenerational and family
implications. Evenrelations,
assuming includin
the a
legal
the provision specifically
precautionary principle prodding
shall onlypetitioners
be relevanttoifclean
thereup the bay, theyofand
is concurrence threetheelements,
men and n w
Writ of Kalikasan, categorized as a special
environmental damage and serious or irreversible harm. civil action and conceptualized as an extraordinary
damage of such magnitude that will prejudice the life, health or property of inhabitants in two
available
(1) there is against an unlawful
an actual act or violation
or threatened omissionof ofthe
a public official orright
constitutional employee, or private
to a balanced andindiv
hea
(2) the actual or threatened violation arises from an unlawful act or omission of a public offic
entity;
(3) the and
actual or threatened violation involves or will lead to an environmental damage of suc
health or property of inhabitants in two or more cities or provinces.
violation of environmental laws, resuling in environmental damage; (2) directing protection, p
environment; (3) directing monitoring of strict compliance with the court decision or order (4)
If no causal
executoin oflink
the was
final proven
judgment between defects
and (5) in
otherand the issuance
reliefs relating of the
to environment
right compliance
of a balanced andcerthe
Lack of approval
violation of right toby balanced
concerned sangguinians
and healthful ecology lack
of of
thecertification
contemplated of absence
magnitude, of overlappin
the petit
without
Process.connection
The purpose to is
environmental damages,
to bind the project would to
proponent nottheresult in a writ of
Environment kalikasan but
Compliance res
Certific
bodies. will not cause significant negative environmental impact by the implementation of sp
project
The Environment
environmental Impact Assessment
regulation. The signatureProcess
of theisproject
mandatory for projects
proposed that may
is necessary affect the
for validity q
of th
predicting the likely impact of the project on the environment, designing preventive, mitigati
When a new EIA was required because of amendments to the ECC, the amendments are valid
The ECC does not of itself authorize the implementation of a project. It is intended to provide
Even
whichifhave
an indigenous community
the final authority does permits.
to grant not reside in a proposed lease site, a Certificate of No
required
effect, thetodamage
prevent to implementation
the environment of project
cannotwhich may impair
be established withthe rights
full of indigenous
scientific certainty.peo The
inapplicable befroe the issuance of the ECC. It may be obviously inapplicable
Detecting the existence of a leak or the presence of defects, the issue in this case is different to the planned
of hazardous
A trust materials
fund cannot will cause
be created environmental
to answer damage
for further or will harm
contingencies. human
A trust health or
is limited that o
to rehab
not encourage their unlimited entry into the country, it does not prohibit them either. In fact,
on the basis of equality and reciprocity, frowning only on foreign competition that is unfair. T
Congress can
economies determine
in the world, iswhat policy
to strike to pass and
a balance whenprotecting
between to pass it depending on theand
local businesses economic
allowi
laws allowing the entry of foreigners into certain industries not reserved by the Constitution t

shall re-acquire their PH citizenship upon taking an oath of allegiance. Natural born Filipinos w
country
of aftereven
the land, the effectivity of RA
if they do not 9225from
derive retain theirobligations.
treaty PH citizenship
GAPwhenof IL they took
include their oath o
international
customary
The rules are of
UN Declaration accepted
Human as binding
Rightsm UNasConvention
a result of on
twothe
elements:
Rights ofestablished,
the Child andwidesprea
the ICCP
to acquire
unkown a nationality.
shall They obligate
have the nationality thecountry
of the PH to grant nationality
of birth from birth.
and foundling is presumed to have b
in which it was found. Under Art. 2 of the UN Convention on the Reduction of Statelessness, a
Under
The PH law,ruled
Comelec the repatriation of aofformer
that her claim filipino
residency willyears
of 10 allowand
him11to months
recover byhisMay
natural
2016born
wascif
certificate of candidacy for Senate that her period of residence was 6 years and 6 months. Sh
that the date required in the COC was the period when their home in the US was sold and he
The qualification of “some known lucrative trade, profession, or lawful occupation” means “n
person having the employment gets enough for his ordinary necessities in life. It must be sho
citizens who become citizens of another country shall be deemed not to have lost their Philip
the conditions of this Act." This policy pertains to the reacquisition of Philippine citizenship. S
position,
those who indicates a policy that
have re-acquired anyonecitizenship
Philippine who seeksand to run
who for public
seek officepublic
elective must be solely
office, to and
reno
citizen. To allow a former Filipino who reacquires Philippine citizenship to continue using a for
their number was not enough to merit specific mention. In fact some delegates were able to
colleagues
human that Article
rights," there isXIII,
no Section
more need to expressly
1 which mandates declare foundlings
Congress to "givea highest
Filipinospriority
because tothe
the
Filipino citizen. On the other hand, if he was originally a natural-born citizen
measures that protect and enhance the right of all the people to human dignity, reduce socia before he lost his
Philippine
It citizenship,
is apparent from thehe will be restored
enumeration of whoto are
his former
citizensstatus
underasthea present
natural-born Filipino. that
Constitution
R.A. No.
Although 9225
there are the is a
onlyRevisedrepatriation
two classes
Rulesofon statute
citizens: and has
(1) those
Evidence's been described
who are of
sole mention as an
natural-born "abbreviated
(2) thoserepatriatio
and evidence
circumstantial who
is are
in refere
naturalized
proceedings, this Court has nevertheless sustained the use of circumstantial evidence in have
in accordance with law. A citizen who is not a naturalized Filipino, ie., did not othe
810 [1999]). There is no rational basis for making the use of circumstantial evidence exclusiv

Registration is a form of regulation and not a qualification for the right of suffrage. Although o
comply with the regisration procedure to vote. It is a procedural limit on the right to vote.

There are three requisites to acquire a new domicile: 1. Residence or bodily presence in a new l
To
andsuccessfully effect
3. an intention a change
to abandon of domicile,
the old domicile one must demonstrate an actual removal or an a
intention of abandoning the former place of residence and establishing a new one and definit
The purpose to remain in or at the domicile of choice must be for an indefinite period of time
purpose.
voluntary; and the residence at the place chosen for the new domicile must be actual.
Held: Yes. Grace Poe satisfied the requirements of animus manendi coupled with animus revertendi in acquiring a new d
regulations to implement Sec. 36(g), validly impose qualifications on candidates for senator i
Constitution prescribes. If Congress cannot require a candidate for senator to meet such add
“Additional seats for concerned party = (No. of votes of concerned party/No. of votes of the fi
Sec. 74. Contents of certificate of candidacy. - The certificate of candidacy shall state (1) that the pers
of additional seats allocated to first party.” The above formula does not give an exact mathem
for the office stated therein and (2) that he is eligible for said office; (3) if for Member of the B
the
When number
theits of additional
facts are settled seats to be awarded
and highly
beyond disputesince,
and in order to been
be entitled bytothe
one additional
including component cities, urbanized ore district
cityth issue has settled
or sector which COMELEC
he seeks En
to Ba
re
-heSpeaker
belongs;of the
(5) House
civil may
status; be
(6) compelled
his date of by Mandamus
birth; residence; to administer
(7) his post oath
office to the rightful
address for rep
all e
under Section
-occupation;
Sec Gen may 74 hereof
also be is false. by Mandamus to enter said Rep's name in the Roll of Memb
compelled
(7) that he will support and defend the Constitution of the Philippines and will ma
thereto; (8) that he will obey the laws, legal orders, and decrees promulgated by the duly con
a permanent resident or immigrant to a foreign country; (10) that the obligation imposed by
without mental reservation or purpose of evasion; and (11) that the facts stated in the certifi
of his knowledge.

Unless a candidate has officially changed his name through a court approved proceeding,
a certificate shall use in a certificate of candidacy the name by which he has been baptized,
church or religion, the name registered in the office of the local civil registrar or any other na
existing law or, in the case of a Muslim, his Hadji name after performing the prescribed religio
there are two or more candidates for an office with the same name and surname, each candi
fact,
Pichayshall state his paternal
is disqualified and maternal
under Section 12 of thesurname,
Omnibus except the Code
Election incumbent
(OEC)who may
for his continue
conviction
in his certificate
Under
A proceeding ofthe
Sectionunder
12, candidacy 78when
disqualification
Section (OEC) heiswas
shall elected.
be
similar removed He may
to a quo after also include
the expiration
warranto oneofnickname
proceeding a period
under orfive
of
Section sta
2
popularly
Pichay
they both known in
misrepresentedthe
deal with thehislocality.
eligibility
eligibility in his certificate
or qualification of a of candidacy
candidate, because
with he knewmainly
the distinction that in
hethh
A proceedingwhile
proclamation, under Sectionfor
a petition 78quo
(OEC) is also similar
warranto to a quo
is filed after warranto petition
proclamation of the contesting the election
winning candidate.
Representatives
The person filingon a certificate ineligibilityshall
the groundofofcandidacy or disloyalty to the
also affix Republic
his latest of the Philippines
photograph, filed size
passport be
his bio-data and program of government not exceeding one hundred words, if he so desires.
person whose certificate of candidacy had been denied due course and/or cancelled under Se
candidate at all, because his certificate of candidacy is considered void ab initio and thus, ca
necessarily
the power oftothe valid
HRETvotes.
to annul elections differ from the power granted to the COMELEC to de
House of Representatives, which necessarily includes those which raise the issue of fraud, te
committed before,
Representatives, during
may annulor election
after theresults
elections.
if in To
itsdeprive the HRET
determination, the prerogative
fraud, terrorism orto annue
other
The COMELEC exercises its quasi-judicial function when it decides election
warrant the annulment. Because in doing so, it is merely exercising its constitutional duty to contests not otherw
Constitution. The COMELEC does not exercise its quasi-judicial functions when it declares a failu
7166. Rather,
The Court retains COMELEC performs
the certiorari its administrative
jurisdiction (Rule 65) over function
it if when
only ittoexercises such power.
check whether it had grave
conferred upon the Electoral Tribunal is full, clear and complete. The use of the word sole em
of the jurisdiction of these Tribunals, (Co v. HRET, G.R. No. 92191-92, July 30, 1991, 199 SCRA
conferred upon the HRET and the SET after elections and the proclamation of the winning can
A petition for quo warranto is within the exclusive jurisdiction of the HRET, and cannot be con
shopping even if the COMELEC had already passed upon in administrative or quasi-judicial pr
candidate has been proclaimed, taken his oath, and assumed office as a member of the Hous
Lazatin
COMELEC’s v. House Electoral
jurisdiction Tribunal,
over election 168 SCRA 391
contests [1988],
relating to histheelection,
use of the word “sole”
returns, emphas
and qualificatio
character of the jurisdiction conferred x x x. The exercise of the power by the Electoral Comm
Constitution
It is only beforehasthem
beenthat
described as “intended
post-election to be against
challenges as complete and unimpaired
the election, as ifqualifica
returns, and it had r
(as well as of the President and the Vice-President, in the case of the Presidential Electoral Tri
judgments of these
review is limited to atribunals are notofbeyond
determination whether thethere
scope hasof been
any review.
an error in jurisdiction, not an
RULE: An enforceable assumption of tax liability requires the party assuming the liability to ha
taxed.
from the structures to be built thereon or improved, but also from the joint training with U.S.
An executive issuance
preferential that attempts
use of Philippine to withdraw
suppliers. the taxthe
Hence, incentives
provisionclearly
on accorded by the of
the assumption legislative to
tax liability
doctrine
The ruleofinseparation
claimingofapowers sincerequires
tax refund the executive agencyto
the claimant arrogated
prove not upon
onlythemselves a power
his entitlement to a r
violation of the doctrine
the reglementary periodsofwithin
separation
whichof hepowers.
must file Thehisissuance is null and
administrative andvoid.
judicial claims for r
substantive and procedural due process requirements results in the denial of the claim
they desire to be funded through various Congressional Pork Barrel allocations. They are also
categorically articulatedininthe
authority to participate Abakada,
area of cannot be overstated
fund release as well as – from
fund the moment the law becom
realignment.
provision of law that empowers Congress or any of its members to play any role in the implem
enforcement
the law not only of the law violates
ensures the principle
scholarship programs ofand
separation
improved of powers
science and
and is thus unconstituti
engineering educa
incentives for from
appropriation thosethepursuing
agency’s careers in science
savings would be and technology.
validly effected. Moreover,
The firstthe salarythat
requires scaletheo
personnel is differentiated by R. A. No. 8439 from the salary scales
the authorized appropriation of the agency. The second demands that there must be an exist of government employees
activity, purpose or object of expenditure with an appropriation to which the savings would b
SC: Expulsion of first nominee was beyond Comelec's j/d. Comelec also had no authority to u
itself, because it touches upon the qualification as a bona fide memberof the party list group
expulsion from the House is anchored on his expulsion form the Party. The qualification for pu

a sitting
the head of state
office-holder's enjoys
time, also immunity
demands from suit during
undivided his actual tenure
attention.
the
It is President
sufficient of theformer
that Philippines, as the
Executive sole repository
Secretary Ochoa isof executive
named power, is the
ascapabilities
respondent guardian
herein as heofw
the President must oversee, ensure, and reinforce our defensive
the islands and waters embraced therein and all other territories over which it has sovereign against external
vein, ensure that the country is adequately prepared for all national and local emergencies a
the President may exercise the plenary power to expel or deport U.S. contractors as may be n
disasters
public
The safety, public
presidential power health,
of controlpublic morals,
over the and
Executive national
Branch interest.is a self-executing provision of the
of Government
under
statutorytheimplementation,
Administrative Code, the its
nor may President
exercise has
bethe power
limited, to reserve
much for public by
less withdrawn, usethe
and for
legis
lands of the public domain and that the reserved land shall remain subject to the specific pub
The President,
provided by lawexercising his power of control over the executive department, including attac
or proclamation
of the Local Water Utilities Administration
The Secretary of Justice exercises over the
control and supervision amounts
over of per
prosecutors anddiem it may
it is within herallow
authority to affi
resolutions of her prosecutors
SELF EXECUTORY: The duty to faithfully execute the laws of the land is inherent in executive pow
other executive functions. These functions include:
the faithful execution of the law in autonomous regions
implementation of transportation projects
duty to ensure compliance with treaties, executive agreements and executive orders;
authority to deport undesirable aliens;
conferment of national awards under the President's jurisdiction;
the overall administration and control of the executive department
this duty of defending the country is unceasing, even in times when there is no state of lawle
Under the Faithful
such times, Execution has
the President Clause , the
full President
powers has the
to ensure thepower
faithful toexecution
take "necessary and proper s
of the laws.
The provision simply underscores the rule of law and, corollarily, the cardinal principle that th
President as commander in chief is the principal strategist of the nation and as such, duty bo
within his power
and territorial to command. With the Mutual Defense Treaty (MDT) and Visiting Forces Agre
integrity
EDCA strengthens the Armed Forces of the Philippines and through them, the President's abil
SC can
crisis recommend
with sufficient executive
haste andclemency? Boss I havent
greater strength. xxx.come
Thus,across
weafind
case no
withreason
respect to this.
for EDCABut Poli
to team
be
subject to the discretion of the president then it will not violate the separation of powers.
accused, demands the exclusive exercise by the President of the constitutionally vested pow
Executive is required by the Constitution to act in person, he may not delegate the authority
It was incorrect for the RTC to sentence the accused to the penalty of RP without pardon. Tha
pardoning power of the President. The exercise of the pardoning power is discretionary in the
by
ErapthewasCourt.
granted absolute pardon that fully restored all his civil and poltical rights. This inclu
The role of the President in foreign affairs is qualified by the Constitution in that the Chief Exe
importance to the sovereignty of the nation, the integrity of its territory, its interest, and the
VII on foreign loans, treaties, and international agreements; Sections 4(2) and 5(2)(a) of Artic
self-determination.
executive
less acts; nature."
temporary Sections 4 and 25 of Article XVIII on treaties and international agreements en
agreements. They are concluded
(1) to adjust the details of a treaty;
(2) pursuant to or upon confirmation by an act of the Legislature; or
executive agreements must remain traceable to an express or implied authorization under th
executive agreements cannot create new international obligations that are not expressly allo
they purport
treaties are, byto implement.
their very nature, considered superior to executive agreements. Treaties are p
and the Senate unlike executive
If there is an irreconcilable agreements,
conflict, a later lawwhichor treatyare takes
solelyprecedence
executive actions.
over one that is pr
inconsistent with either a law or a treaty are considered ineffective.
No court can tell the President to desist from choosing an executive agreement over a treaty
agreement,
Military Bases, unless the military
foreign case falls squarely
bases, within
troops, Article XVIII
or facilities (Social
shall notJustice and Human
be allowed in theRights), Section
Philippines 2
exce
Philippine territory are already allowed under the VFA, the treaty supposedly
Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a being implemen
EDCA. What EDCA has effectively done, in fact, is merely provide the mechanism to identify t
"Valid
in which and effective"
U.S. personnel means
maythat treaty
perform provisions
allowed that define
activities pursuant rights andVFA.
to the duties
As as
thewell as defi
implemen
prestations
these specifichave effects
treaty equivalent
provisions mayto a statute.
amend statutory
provisions. Statutory provisions may also amend these types of treaty obligations
treaty or executive agreement to which the PH government is a signatory shall be observed.
agreement
presence orwith the IBimplements
it merely were incorporated
an existingin thelawloan agreement between Land Bank and Iliga
or treating.
the procurement of goods to be financed from proceeds of the loan from IB shall be in accord
where
Article appointee
XIII Sec 25accepted or took oath
of the Constitution on or after
pertains Mar of
to entity 11,bases,
2010.troops
SC: Allorappointments
facilities and in notthis
to
against midnight appointments. For a valid appointment, the following elements must concur
grant of power. It simply underscores the rule of law and, corollarily, the cardinal principle tha
above the laws but is obliged to obey and execute them. This is precisely why the law provid
or executive
of our acts, orders
constitutional systemandisregulations
based. shall be valid only when they are not contrary to the

Representatives,
In the case of thethe Chief Justice
President, of thetoSupreme
the power transfer Court,
funds and the
from oneheads of another
itemand
to the Constitutional
within the
unpaid
transfercompensation and related
funds within their costs
respective pertaining
offices; to vacant positions leaves of absence
from appropriations balances realized from the implementation of measures resulting in impr
thus enabled agencies to meet and deliver the required or planned targets, programs and se
substitute his own will for that of Congress. He was still required to remain faithful to the prov
given that
which his power
savings may be totransferred
spend pursuant for the topurpose
the GAAs of was but a delegation
augmentation. to him from
Accordingly, so longCongre
as th
GAA for which
Congress Congress
had set aside ahad set aside
specified amounta specified
of public amount
fund, of publicmay
savings fund,besavings may be
transferred tran
thereto
disregarded. In short, it nullifies the void law or executive act but
purposes. This interpretation is consistent not only with the Constitution and the GAAs, but a sustains its effects. It provid
general rule
operative that
fact a void
that or unconstitutional
produced consequenceslaw produces
in the real as no welleffect. But its
as juristic use must
worlds of thebeGovern
subje
and
Courtcircumspection,
to be impractical
likewise declared and
and unfair. it cannot
Unless
that “for be
thethe invoked
doctrine
operative to validate
is doctrine
act an
held to apply, unconstitutional
to apply,the there
Executive law
mustas or executive
bethe disburs
a ‘legislat
it and elsewhere as the recipients could be required to undo everything
measure,’ meaning a law or executive issuance.” Thus, the Court opined there that the opera that they had implem
not apply to a mere administrative practice of the Bureau of Internal Revenue, x x x.
qualified for the same positions of Sandiganbayan Associate Justice.
authority
The JBC, in has beenthe
sorting delegated
qualified tonominees
the legislative into sixor executive
clusters, one branch of thevacancy,
for every government could and a
influ
execute absolutely their own judgment from that of Congress or of the President, (Tatad vs. S
Department of Energy, G.R. No. 124360, November 5, 1997, 281 SCRA 330, 347; Ledesma vs
other office or employment in the Government or any subdivision, agency or instrumentality
exceptions
government-ownedagainst the holding of corporations
or controlled multiple offices are: (1)
or their those provided for under the Const
subsidiaries.
3, Article VII, authorizing the Vice President to become a member of the Cabinet; and (2) pos
officials specified
rights, which in Section
naturally includes13, the
Article
rightVIItowithout additional
seek public elective compensation in ex officio
office. The wording of thecapac
par
President Estrada is complete, unambiguous, and unqualified.
regulations in which there was no favorable recommendation coming from the COMELEC. The It is likewise unfettered by Arti
Revisedthat
argued Penal anyCode.
act of The only reasonable,
Congress by way ofobjective,
statute cannotand constitutional
operate to delimit interpretation of thepla
the pardoning
In Cristobal v. Labrador, 71 Phil. 34, 38 [1940] and Pelobello v. Palatino,72 Phil. 441, 442 [194
Constitution; Rene A.V. Saguisag, et al. v. Executive Secretary, et al., G.R. No. 212426 and co
cases,
Sec. 3).January 12, 2016,
In recognition Sereno,
of these J)
powers, Congress has specified that the President must overs
our defensive
under capabilities
martial law exceeding against external
that same span. andIninternal
the exercisethreats of (see
theseConstitution,
powers, the Art. VII, Sec
President i
submit a report to Congress, in person or in writing, within 48 hours from the proclamation of
of the writ or the extension thereof, and must promulgate its decision thereon within thirty da
from its 18,
Section filing.
Article VII, the Court is tasked to review the sufficiency of the factual basis of the
Executive of
emergency powers. his emergency powers.ifThe
Put differently, the usual
Court period
appliesfor thefiling pleadings
standard in Petition
of review used for
in aCertio
petit
applicable
In reviewing under the third paragraph
the sufficiency of Section
of the factual basis of 18, Article
the VII considering
proclamation the limited
or suspension, theperiod
Court w
has
Thus,tothe
promulgate
the information
powerandto its decision.
data
review available
by the Courtto the and President
the power priorto to or at by
revoke theCongress
time of the aredeclaration;
not only tot
"undertake
but likewise independent from each other although concededly, they have the same Congres
an independent investigation beyond the pleadings." On the other hand, trajecto
law may be exercised
nullification only when
of the presidential there is actual
proclamation. invasion
Needless toor rebellion,
say, the power andof public safetytorequir
the Court revie
Constitution imposed
with the condition in athe following
locality, which limits in theunder
remains exercisethe of theseofpowers:"(1)
control the State. a time limit of s
declaration or suspension;
In David v. President subsequent events
Macapagal-Arroyo, it was do saidnot
thathave anyabearing
under insofar as of
valid declaration the Court'sla
martial
any event, safeguards under Section 18, Article VII of the Constitution are in place to cover s
limited
martial to
law anperiod
examination
is good on whether the President acted
may within theto bounds set by the Const
declaring
23 martial law, and only for 60 days;
that probable cause Congress
is the most choose
reasonable, revoke
most itpractical
even immediat
and mo
by which the
erroneous. ThePresident can fully of
third paragraph ascertain
Section the existence
18 defines theor non-existence
legal duty to review of rebellion necessa
the sufficiency
martial
the law or suspension
proclamation of martial oflaw
theupon
writ. the
Thisfiling
is because unlike other
of the petition for thestandards
purposeofbyproof, which,
any citizen.
discharge the duty (Rep. Ecel Lagman, et al. v. Hon. Medialdea, et al., G.R. No. 231658, July 4
Such laying of the burden of proof is constitutional, natural and practical – constitutional, bec
entitled to the strong presumption of the constitutionality of his or her acts as the Chief Exec

privilege of the writ of habeas corpus. Simply put, the provision only requires Congress to vot
President's proclamation and/or suspension

proclamation and/or suspension. The provision in Article VII, Section 18 of the 1987 Constitu
jointly in a joint session is specifically for the purpose of revocation of the President's proclam
of the privilege of the writ of habeas corpus. In the petitions at bar, the Senate and House of
the foreign policy judgments by a coordinate political branch to which authority to make that
committed.

Freedom v. Manglapus, G.R. No. 84642, 13 September 1988 (unreported) (citing United State
U.S.
so 304 [1936]);
desires. Joaquin
The Senate hasBernas, Foreign
a role in Relations
ensuring in Constitutional
that treaties Law, 101
or international (1995); Irene
agreements the PrR
Study of
Philippine Executive
Section 21government Power 187
of Article VIIshould [1966];
of the espouse Vicente
Constitution, G.
obtain
claims Sinco,
of itsthe Philippine
approval
nationals Political
of two-
against Law: Principles
thirds ofgovernment
a foreign its members and
is
authority for which is demonstrably committed by our Constitution not to the courts but to th
MDT and the
Executive VFA. Therehas
Department arealready
existing treatiesthat
decided between
it is tothe
thePhilippines andofthe
best interest theU.S. that to
country have
wai
Philippine
affected by a lack of Senate concurrence. (Commissioner of Customs v. Eastern Sea Trading,2
Senate and have thereby met the requirements of the Constitution under Section
its Ratification,
recognized thus,as
as early correctly reflected
in Eastern the inherent
Sea Trading ( 1961 powers
), whereofthe
theSupreme
President when
Court it stated
ruled t
that tr
an agreement is an executive agreement or a treaty."
Accordingly, in the exercise of its power of judicial review, the Court does not look into wheth

sending State only to the extent agreed upon by the parties. or violated, but rather one in w
around the world, the laws (including rules of procedure) of one State do not extend or apply

has been extended to the determination of whether in matters traditionally considered to be

sphere of appreciation of another branch of government, an exercise of discretion has been a
insurmountable obstacle to the exercise of judicial power or the impenetrable shield that protects exec
the
and part of any actions
legislative branch fromor instrumentality ofor
judicial inquiry the Government cannot be thwarted by rules of p
review
the contrary or for the sake of the convenience of one side. This is because the Court has the
The liberalizded rule on standing is enshrined in the Rules of Procedure of Environmental Cas
suit in transcendental
not of environmental cass. importance because there is no clear showing of disregard of consti pro
Locus standi
government and requires
therethat petitioners
is no other partymust
withstate thatinterest
a direct they have a personal
in the questions and substantial
being raised. in
O
sustained or are in immediate danger of sustaining some direct injury as a conseuqence of th
governmental act.
the presence of foreign military forces in the country shall only be allowed by virtue of a trea
by the Senate. Hence, the performance of an official act by the Executive Department that le
events, so that a declaration thereon would be of no practical use or value . In the present case, there is st
voluntarily
justiciable departed from the
controversy-who Philippines
between Dazaand
andis now beyond
Abayon was the legal
truly chosenprocesses
by the of the count
majority of pe
vo
balanced ecology is therefore more imagined than real. xxx. Thus, to resolve
…respondent herein is also a recognized citizen of the Philippines. He has fought for his citizerespondents'
of Kalikasan
petition on its merits,
is outrightly would for
dismissible be being
tantamount
moot andto an unnecessary
academic BUTscholarly exercise
by reason of for the Cour
alleged violations of health and environmental rights that arose from a past
the public interest involved, the Court shall take exception of the case and still address test case whose
the fi
The expiration of his term as barangay chairman operates
fourth issues raised herein for the bench, bar and public's guidance. as a supervening event that moot
present
the Court petition.
is barredThefromvalidity or invalidity
rendering of his
a decision suspension
based could no longer
on assumptions, affect his
speculations, tenure.
conjecture
The case should still be decided, despite the intervening developments that
hypothetical or fictional illustrations, more so when case which is not even ripe for decision could have
rendered the case moot and academic, because public interest is involved, and because the
of repetition yet evading review.
One of the requirements for the execise of power of judicial review is the existence of an actu
no rightthe
unless and imposes no
Legislature duty. The SC
appropriates has for
funds no power
EDCA, to or declare a proposed bill
unless petitioners can unconstitutional.
pinpoint a spec
current
v. Officebudget that allowsSecretary,
of the Executive expenditure thisunder
Courtthe did agreement,
not recognize wethe cannot
standing at thisof time
one of rule
thethape
In any case, locus standi being a mere
who was a member of the House of Representatives. The petition in that case sought to com
procedural technicality, the Court has, in the exercise of its discretion, relaxed the rules on st
a
thecontroversy
issues involved in theas qualifications
of "transcendental of the winning
importance" bidder tofor
thethe construction and operation of
public.
premier international airport, the Court resolved to grant standing to the petitioners in view o
result of its enforcement, and not merely that he suffers thereby in some indefinite way." It must shown that
representing
he has been, the or isPeople.
about to xxx.be,The private
denied some complainant or the offended
right or privilege to which party may, however,
he is lawfully entitled,fi
without the intervention of the OSG but only insofar as the civil liability of the accused is con
IP association of PH was given standing to question the implementation of the Madrid Protoco
Organization, in Geneva, Switzerland administers the international registration system.
as citizens, human rights violations victims, legislators, members of the Bar and taxpayers, h
standing
Integrated toBar
file of
such
thepetitions
Philippines, because
as an they failed to
institution, or show that they
its members mayhave suffered
suffer or will suff
as a consequen
"subscriber
complained of. Suffice it to state that the averments in their petition-in-intervention failedfirm
of PLDT" is ambiguous. xxx. Thus, petitioner Roy's allegation that his law is a
to disclo
of PLDT" is insufficient
While the Court has taken an to clothe him with locus standi. Petitioners' cursory incantation of "tra
importance
increasingly xxx
that farmer-beneficiaries of the
liberal rules
approach who onto foreign
arethe rule
not ownership of corporations
of locusawardees
approved standi, evolving
of CARPfrom orhave
entities
the vested with
nostringent
legal publ
requirem
personal injury
standing to thethe
to question broader
exclusiontranscendental importanceland
of an agricultural doctrine,
fromsuch CARP liberality
coverage.is not to be abused
xxx. Respond
right to said position, and therefore not proper parties to
title to assert ownership over the subject land. Ownership is not the same as a certificate a quo warranto proceeding. Being ofint
list of nominees had given them only
When the implementing rules and regulations issued by the the possibility, but not the certainty, of being appointed
Interest
Executive in contradict
the subjectormatter add to— a personal
what Congress and substantial
has provided by onelegislation,
— gives a the party the legal
issuance of sta
the
to question the issuance's validity.
command that taxes earned by the LGU shall accrue exclusively to them. The transfer of the
monetary
Court award and
has original not an exemption
jurisdiction over petitionsfromfor payment
certiorari,of tax. To oder the
prohibition, return of quo
mandamus, the amoun
warran
and habeas and
exceptional corpus, such jurisdiction
compelling circumstances is, shared
such aswith cases theofCourt
national of Appeals
interestand andthe Regional
of serious Tria
impli
justify the availment
particular, of the extraordinary
is vague, open-ended remedy of
and value-laden, andwrit of certiorari,
should be limited calling
in itsforusethetoexercise
exempti
application
with the proper of the hierarchy
Regional ofCourt
Trial courts(RTC).
principle.
xxx. In It should
fine, the not carry any
petitions at ripple
bar should effectbe ondismisse
the con
a trial courtgrounds
procedural has no authority
alone. Even to interfere
if We decide the case based on the merits, the petitions shou
with the proceedings of a court of equal jurisdiction, much less to annul the final judgment of
jurisdiction
court over the case and renders judgment therein has jurisdiction over its judgment, to
of all other coordinate
regular orders or judgments courts,offor its execution
a co-equal court, and
theover
variousall its incidents,
trial courts of and to control,
a province or in fur
city,
same equal authority,
and regulations, and othershould not, cannot, issuances
administrative and are not of permitted
the Commissionerto interfere with their
of Internal respec
Revenue
take cognizance of cases directly
DO NOT FOLLOW BAT v CAMACHO which says that CTA does not include ruling on c
Thecases
For RTC couldwhere not have
only issued
errors its orders of
or questions in law
the exercise
are of its appellate jurisdiction since ther
more
judgment, order, or resolution issued without it is void andRTC
to execute on the dismissed ejectment case. As the cannotorders be explained,
given any effect. the dismissa
This ru
ejectment
even if the case
issue effectively
on jurisdictionand completely
was raised blotted
for the out
first and
time cancelled
on
of Court, through Rule 47 [Annulment of Judgment], provides, with certain conditions, for annulmen appeal the
or complaint.
even after the
final RTC
judgo
singular
court, like
decision exception
ofthe FDAto
theCourt ofthe
before basic
Appeals, rule mentioned,
against
the Secretary the finalwhich
of Health andthe
judgment, then CA toapplied
decision toruling
or
the Office this case,
of the anoperates
of President,
inferiorwil o
co
delay the final resolution of the current controversies. xxx. Considering that in the case at bench, wha
provisions,
mainlyThere and must
involved thebe
isalso exercisedofinthe
protection theconstitutionally
absence of law,protected not against it .Equity
right to life ofisthe
theunborn, t
clear. must be a showing that the factual
principle by which substantial justice may be attained in cases where the prescribedbasis for a plea for liberality is not or one
custo th
negligence
branch or design
designated asof a the party
Special requestingCourt,
Commercial the suspension
the properof the rules.
recourse Likewise,
is to refer the case the basis
to the nea
equitable
with a designated Special Commercial Court branch within the judicial region . Upon referral, the RTC toCou
result—for all the parties—must be clearly and sufficiently pleaded and argued.
Infrastructure
which the Projects
case wasby Prohibiting
referred to Lower Courtsredocket
should from Issuing TROs
the ), enacted
case as of in relationcase.
a commercial with And if the sai
While a judicial interpretation becomes a part of the
government infrastructure projects. In both, RTC can only exercise jurisdiction law as the date that the law was origi
the reversal
Special of the interpretation
Commercial Courts (SCCs) cannot be given
are still retroactive
considered effect of
courts to the prejudice
general of parties who
jurisdiction. Themay ha
desig
any way limited their
jurisdiction over to hear theandsubject
decide matter
casesofofthe all petitions and erred
nature, whether in giving
civil, criminal due or course
specialto the peti
proceedin
and prohibition against the DOH CDO letters by law and by Supreme Court Rules, the CA is the c
6.2 (a) Each bona fide candidate or registered political party for a nationally elective office sh
raised, and the limited time, such technicality should not deter the Court from having to mak
determine that it
pronouncement could
that not proceed
everyone for a valid
else depends forcause, xxx. To beand
enlightenment sure, the Amparo
guidance. rule sanctions
"[T]his Court h
archiving of cases, provided that it is impelled by a valid cause, such as when the witnesses fail to appe
due
IF ANtoACTIVE
threatsLEAD
on their
CANlives
STILLorBEto PURSUED
similar analogous causes
BY THE PNP, thatSHOULD
CASE would prevent
NOT BEthe court from
ARCHIVED YE

9851. The situation of Ku does not fall under the statutory definition of 'involuntary disappea
copy of the warrant of deportation and informed him of his constitutional rights and expiratio

It also requires substantial evidence. The petition failed to show how the right of the petitione
information contained in the lists were only their names, their positions and their photograph

power of attorney that would make him an agent of the litigants that would allow him to file s
pleadings,
Court. and motions
Supervision is an with himself
active power,aswith
onelimitation,
of the plaintiffs
but it acting
at leastonimplies
behalfauthority
of his "clients."
to inquiK
render
The Consti does not preclude the JBC from setting rules and procesures and providing policies
choosing nominees, the JBC has authority to set criteria for every vacancy in the Judiciary sub
required by the Consti. The search for qualifications requires flexibility to determine who is m

Judge's salary is basic monthly salary + longevity pay. By intending to make the salaries of O
judicial counterparts,
appointing to the vacancyCongress
in themust have is
Judiciary intended to include
still paramount. Aslongevity
long as inpaytheas well.
end, the Presid
someone nominated by the JBC, the appointment is valid. The President
motu proprio, by the Court itself; (b) upon verified complaint, supported by the affidavits is not bound by the
of pc
personal knowledge of the facts alleged, or by documents substantiating the allegations; or (
Preventive suspension may be imposed on an administratively charged judge
however, the hearsay allegations constituted the totality of Umali's evidence. The records did
finding
any otherof guilt
pieceinofthe criminaltocase
evidence does notthe
supplement necessarily mean a finding
hearsay evidence. Underofthese
liability in the adm
circumstance
case. In criminal cases, proof beyond
member of the Bar only when his misconduct also constitutes a violation of his oath as a lawyer.
reasonable doubtshould
the investigation is required. "In administrative
be carried out by cases for disbarment or suspension against l
NOTE: Court may entertain disbarment case
the agency or office having administrative supervision but the investigation
over him orshould be carried
her when out by
the allegations o
complaint
Note: relate
a complaint
paramount to the
component forqualifications
due processof
ofdisbarment is the
and respondent
suifair
generis to be appointed
play. A decision that doesto notthe publicand
clearly office.
disti
facts and the law on which it is based leaves the parties in the dark as to how it was reached
The standard
prejudicial "expected
to the of the who
losing party, judiciary" is that
is unable the decision
to pinpoint renderederrors
the possible makes of clear why for
the court eithe
re
prevailed must
decisions understill
thedistinctly
applicable lawclearly
and to theexpress,
facts as at established.
least in minimum essence, its
in view and
factual of the voluminous
legal bases. case load of some trial court judges, generally allows for a reasona
extension of time to decide cases and the pending incidents thereof. The judge merely has to
such extension if he, for good reasons, is unable to comply with the prescribed three-month p
brought to this Court on certiorari by the aggrieved party. This is echoed by Section 2, Rule 64, of the R
of Court,
with which states
unfairness amounting that atojudgment
grave abuse or final order or resolution
of discretion, of theparty
the aggrieved COA can mayassail
be brought
the C
certiorari under Rule 64 in relation to Rule 65, an extraordinary remedy, the purpose of which

Fresh period rules does not apply in appeals from COA decisions!
The rulings of the Comelec which are subject to the review by the SC are only those rendered
powers. Rule 64 excludes rulings rendered by Comelec in exercise of admin functions [go Rul
Civil Service Commission (CSC) is the central personnel
agency of the
that Gordon wasgovernment, including
correctly allowed GOCCs.
to hold his It primarily
positions asdeals with matters
Chairman affecting
of the Red the he
Cross will cars
development,
apply that the rights
PNRC is and welfarecorp
a private of government
that must be employees
organized under the corp code. the sui gen
issue at hand is the enforcement of labor laws and penal statutes, thus, in this particular matter, the
can be treatedover
jurisdiction as a GOCC
LRTA, and as such,
[a GOCC]. it is within
if LRTA was histhe ambit
true of Rule as
employer, I, Section 1 ofitthe
he claims, Implementi
is CSC which w
whether LRTA can be made liable by the labor tribunals for
hear his complaint against LRTA. LRTA is a government-owned and controlled corporation - an
private respondents' money claim despite the absence of an employer-employee relationship
of law governing private corporations.
LRTA
in is ainvolving
cases government-owned
the BSP, and controlled corporation. We rule
theinBSP
theGovernor
affirmative.
This Court further ruled thatthe Monetary
LRTA Board
must submit may authorize
itself to the provisions to
governing private corp
represent it personally or through a counsel, even a private counsel, and the authority to rep
counsel
may can be hired
be delegated to with
any the its
prior written conformity and acquiescence of the Solicitor General or the
The prohibition
Government covers
Corporate theofhiring
Counsel,
officers
and the prior written concurrence of the Commission on Audit (COA).
of private lawyers to render any form of legal service - whether or not the legal services to be
CSC hasan
involve appellate
.actual jurisdiction
legal on administrative
controversy disciplinary cases involving the imposition of
or court litigation
the death
penalty of of the respondent
suspension for more in an
thanadministrative
thirty (30) days,caseorprecludes
fine in anthe finding
amount exceeding thirty (3
of administrative liability when: a) due process may be subverted; b) on equitable and huma
reasons; and c) the penalty imposed would render the proceedings useless.
Executive Order No. 292 [Administrative Code of 1987]); and
(2) preventive suspension pending appeal if
PS Pending Investigation
suspension imposed. is not a penalty - means of enabling the disciplining authority to con

was no cause for suspension or dismissal, e.g., where the employee did not commit the offen
The officers charged
or dismissal were not completely
(total exoneration); exonerated
or the government of the charges
employee is foundagainst them
guilty of and the
another le
offen
which they were eventually found guilty of, merited a suspension of more than one month. Pe
Chavez, Navales, Almonte and Laid, therefore, are not entitled to backwages.
from office has the right to reinstatement. Any other employment he or she obtains while wa
court
in to rule
Tañala on the
should propriety
apply. of hisof
In the eyes orthe
herlaw,
dismissal should not
the position be construed
never became as an abandonment
vacant since saidofoffi
h
dropped
An from of
employee the rolls.
the civilHence,
servicethe
whoincumbency
is invalidlyof the person
dismissed who assumed
is entitled to the the position
payment of is on
full backwages
have from dismissal
obtained during until of
the litigation actual reinstatement.
the case shall not be deducted from this amount. This i
with our ruling that an employee illegally dismissed has the right to live and to find employm
assumed that there is an explicit provision exempting a GOCC from the rules of the then Offic
Compensation and Position Classification (OCPC) under the OBM, the power of its Board to fix
and determine
of July 15, 2009,the
soreasonable
much so that allowances,
respondent, bonuses
under and
the other incentives
Decision, was still
was correctly subjecttotoho
allowed t
concurrently while he served as a Senator, such a conclusion does not ipso facto imply that t
within the contemplation of the provision of the Constitution, that must be organized under t

calling for the exercise of judicial power; (2) the person challenging the act must have the st
subject act or issuance; otherwise stated, he must have a personal and substantial interest in

VIII of the Constitution, the power of judicial review involves the power to resolve cases in wh
constitutionality or validity of any treaty, international or executive agreement, law, presiden
instruction, ordinance, or regulation. In Angara v. Electoral Commission, this Court exhaustive

determination of whether in matters traditionally considered to be within the sphere of appre

government, an exercise of discretion has been attended with grave abuse. The expansion of
Constitution is so incisively designed that it identifies the spheres of expertise within which th
Since the power
shall function andofthe
judicial reviewofinvolves
questions thethey
policy that delicate
shallexercise
resolve.of examining the validity or c
branch of government, this Court must continually exercise restraint to avoid the risk of supp
constitutionally appointed actor with that of its own.

the court, or obstructing the administration of justice. Suffice it to state that the Senate Rules
improve existing laws
Aid of Legislation or enact
provide newfiling
that the or remedial legislation,
or pendency of any albeit the inquiry need not result
judicial proceedings do not preclude congressional hearings in aid of legislation.
When the Committee issued invitations and subpoenas to petitioners to appear before it in c

“[t]he power or authority of the court over the subject matter existed and was fixed before p
Procedure does not alter or change that power or authority; it simply directs the manner in w

been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the
questioned. If grave abuse is not established, the Court will not substitute its judgment for th
a matter which by its nature or by law is for the latter alone to decide. How the court has cho

of this Court. The other branches trespass upon this prerogative if they enact laws or issue or
modify any of the procedural rules promulgated by this Court. Viewed from this perspective,
exemption from the payment of legal fees under Section 39 of RA 8291 necessarily fails.

Congress’ taking initial action of said complaint. The initial action taken by the House on the
complaint to the Committee on Justice. (Francisco v. House of Representatives, et al., 460 Ph

Judiciary. While CTD has the rank of a Justice of the Court of Appeals, he does not belong to t
Department. This simply means that he has the same compensation and privileges as a Justi

office for six months, the suspension is valid.

The suspension meted out to him is preventive and not punitive. Section 24 of Republic Act N
power to impose preventive suspension up to six months. Preventive suspension may be imp

performance of duty; (b) the charges would warrant removal from the service; or (c) the resp
prejudice the case filed against him. The preventive suspension shall continue until the case
The presidential and vice-presidential debates are held primarily for the benefit of the elector
the electorate in making informed choices on election day. Therefore, the debates should be
recommend,
be live streamed to provide
on other advice
websites, including Rappler's.
and/or assistance,
established and to certification
international participate as non-voting
entity to be chosen members by thewith respect to
COMELEC thethe
from COMELEC's
recomme
Nothing in the role of the Council or any outside
the AC that the AES, including its hardware and software components, is operating properly,
intervention
COMELEC or influence
is guided shall be by
and assisted construed
experts as an abdication
in the field of technology or diminution of the Commission
in adopting the most eff
and responsibility
efficient [AES]; and for the effective development, management and implementation of the AE
COMELEC exercises its quasi-judicial function when
(2) to ensure clean elections by having disinterested parties closely monitor the it decides election contests not otherwise
reserved to other
quasi-judicial electoral
functions when tribunals
it declares by the Constitution.
a failure of elections pursuant to R.A. No. 7166 (An Ac
who among the candidates
Elections and Electoral Reforms). Rather, the garnered a majority of the legal votes cast. The COMELEC, on the
declares
A a failurepaper
"voter verified of elections
audit trail"with requires
the objective of holding(a)
the following: or continuing the elections, which
or
We were
individual suspended,
see novoters
reasoncan or
whyverifyif there
voters was
whether one,
shouldthe resulted
machines
be denied in a
thehave failure
beentoable
opportunity elect.to When
to read the COMELEC
count their votes;
voter's declare
receiptandaft(
verification
deemed at
his or hertoballot. minimum
have There
not been should
is no be
a candidate paper
legal prohibition based. for the Commission
at all, because his certificate on of Elections
candidacy to require that
is considere
reads and verifies the receipt, he or she is to leave it
and thus, cannot give rise to a valid candidacy and necessarily to valid votes. he was neverin a separate box, not take it out of thea
he
were had been convicted by final judgment for a crime involving moral turpitude. Thus, his repr
for
thatdetermining
he was eligible before for election
elective the qualifications
public office constitutes of candidate. Such that,
false material as presentlyas
representation (sic)
to hre
disqualify a candidate there must be a declaration by a final judgment
prohibited acts) is a prejudicial question which should be determined lest he wins because of of a competent court that the
President,
acts for which Vicehis President, Senatorsisand
disqualification being members
sought. of Thatthe is House
why it isof Representative:
provided to preserve
that if the grounds for
Representatives Electoral Tribunal and the
Both do not allow, are not authorizations, are not vestment (sic) of jurisdiction, for the COMEL
other
determine
A person Tribunals
intending as "sole
the qualification
to run judges"
for under
ofpublic
a candidate. the must
office Constitution
The facts
not only of of the election,
qualification
possess the must returns
required and qualificati
beforehand
qualificationsbe esta fo
prior
for proceeding
which he or before
she intends an authority
to run. The properly
candidate vested
assume office because their ineligibility is inherent in them, existing prior to must with also jurisdiction.
possess The
none prior
of the determinatio
grounds
filing of theirfor
under
candidacy.the law.
Candidacy; she asserted that petitioner was a permanent resident disqualified to runwill
Their certificates of candidacy are void ab initio, and votes cast for them forbeCoud
Consequently,
Government
be enforced after whoever
Code.
the Private
election garners
they the next
respondent
are held to be highest Petition,
Fragata’s
directory number
only, ofis votes
if thattherefore,
possible,among
was a the eligible
petition
especially where,for candida
disqual
if they
are held to be mandatory, innocent voters will be deprived of their votes without any fault on
violating both our election and criminal laws, we are faced as well with an assault on the will
charged, flee to avoid as
of the Philippines prosecution.
expressed There
in our can only
laws. Inbe an intent
a choice between to provisions
evade prosecution
on material or qualifications of
or land-owner who coerces or intimidates or compels, or in any manner
punishment when there is knowledge by the fleeing subject of an already instituted influence, directly or indirectly, any of his subordina
indictme
house helpers, tenants, overseers, farm helpers, tillers, or
[t]he jurisdiction of the COMELEC to disqualify candidates is limited tolease holders to aid, campaign or vote for or against any candidate
candidates.
those enumerated in Section 68 of the Omnibus Election Code. All other election offenses are
sections
ambit 265
of265
COMELECand 268 of the Omnibus
jurisdiction. They are Election
criminal Code,andthe notpower of the COMELEC
administrative in nature. is confined t
Section
of preliminary of investigation on the alleged election offenses for the purpose of prosecuting th
the Election Code only applies to criminal prosecutions. Disqualification cases are summary i
governed by Rule 25 of the COMELEC Rules of Procedure.
resigns, or is otherwise permanently incapacitated to discharge the functions of his
office."
The ruleInon these situations,
succession under theSection
vacancies were caused
45, however, would bynotthose
applywhose certificates
if the permanent of candida
vacancy was cau
by one whose certificate of candidacy was void ab initio.
. . [existing] prior to the filing of their certificate of candidacy. In cases of vacancies caused b
the proceedings
of candidacy, theofperson
the board legallyof canvassers
entitled which may be raised by any candidate or by any
registered political party or coalition of political parties before the board or directly with the
inspectors
Commission, concerned, or if said
or any matter returns have been
raised under lost or destroyed,233,234,235
Sections the board of canvassers,
and 236 uponinprior authority
relation of theprep
to the Com
election
their returns
initials: or a certified
Provided, further,copy ofifsaid
That the election returns
votes omitted inissued by thecannot
the returns Commission, and forthwith
be ascertained direct
by other its representative
means except by reco
itself that the identity and integrity of the ballot box have not been violated, shall order the board of election inspectors to o
authority given by the Commission may be retrieved in accordance with Section 220 hereof. If the other copies of the returns
discrepancies
authentic, in the other
prepared underauthentic copies
duress, force, of the election
intimidation, returns from
or prepared a polling
by persons place
other thanor the
discrepancies
members ofinthe
theboard
votes of any ca
electio
and in either case the difference affects the results of the election, the Commission, upon motion of the board of canvassers o
or falsified,
candidates or contain
concerned, discrepancies
shall proceed summarily to indetermine
the same returns
whether or in other
the integrity authentic
of the ballot box hadcopies thereof
been preserved, and
mentioned
The grounds into
Sections 233, 234,
file a petition 235 and 236 of are
for disqualification thisprovided
Code; for in Section 12 or 68 of the OE
fixing the length and the starting
Section 40 of the Local Government Codedate of the election period to ensure free, orderly, honest, p
credible elections. This is not merely a statutory but a constitutionally granted power of the C
fixing the election period does not amount
The consolidation of allowances in the standardized salary as stated in the above-cited provis
Salary
rule in Standardization
Philippine positionLaw (SSL), all allowances,
classification includingsystem.
and compensation the cost-of-living-allowance (COLA
in the standardized salary received by government employees, and an action from the DBM w
nonintegrated
warrant the conclusion that the latter impliedly repealed the former. The two seemingly contr
may be harmoniously construed in such a manner that the power of the BOD of LWDs to fix t
employees as all employees
GM is still recognized. of all however, is subject to the limitation that the salary set mu
This power,
branches, subdivisions, instrumentalities, and agencies, of the Government, including govern
separation
benefits,
the salarywith an additional
increase requirement
of GM Bucoy, including imposed on casual orincrease
the corresponding contractual employees
in her monetized - their
leave
purchase after merely comparing the same against the approved
was properly disallowed for being in excess of the amounts allowed under the SSL investment budgets, but w
performing
The appropriate
public official's additional
personal liability internal audit
arises only if the procedures
expenditure oftogovernment
allow herfunds
to conduct
was madefurther
in ve
the true
violation
we held of amounts
law.while
that involved,
In thisthe
case, the petitioner
Verceles'
public officialacts
mayof:rendered
(1) relied
have makingherself liable upon
onaugmentations the loss
without
the opinion of the incurred
City prior by AF
Legalauthority
Officer,
behalf
such of the province
reliancefrom
be absolved without
onlyrefunding
serves to the requisite
buttress authority
his good faith.
disbursements were in
if it isItshownviolation
does not, of the
thathowever,
they were LGC.
exculpate
made in him
goodfrom
fait
liability under the Government Auditing Code,
the officers of ZCWD who authorized the payment of the disallowed disbursements, these emp
MNWD employees need not refund the amounts corresponding to the COLA they received.

brought to the Supreme Court on certiorari by the aggrieved party within thirty days from rec
The phrase “decision, order, or ruling” of constitutional commissions, the COMELEC included,
Supreme Court on certiorari is not all-encompassing, and that it only relates to those rendere

anymore derived from his position as CSC Chairman, such as imposing interest on unpaid or
guidelines
not prohibitfor the accreditation
a promotional of healthfrom
appointment carecommissioner
providers, or approving
to chairman restructuring proposals
as long as the comm
amortizations.
seven Duque’s
years, further designation
qualified by theas member
third of the
sentence of governing BoardsIX
Sec. 1(2), Article of(D)
thethat
GSIS, PHILHEA
the appoin
the unexpired portion of the term of the predecessor. In addition, such promotional appointm

A private law office retained by a government corporation without the written conformity of t
written concurrence
COA denied claim onof the
the COA isthat
ground not only
entitled
munitoand
compensation because
city governments hiring
are of the law
authorized firm
to secu
In consonance with general audit power, the COA is not restricted to review validity
workers and no compliance with requirement of publication [LGC, GPRA]. COA acted within it of ground
concerned and may make its own assessment of the merits of the disallowance disbursemen
Since
powerthe actual
unduly delivery
useless andofeffective.
the textbooks was not established and there was no appropriatio
reason to deny the claim!

Section 3
of B.P. Blg. 51
urbanized, (An Act Providing
as determined byfor the Elective
law, or Appointive cities
and component in Various Local Governements
whose ) reclassified
charters prohibit the cif
their voters
defined criteria.
provincial elective Cebu City thus
officials, shallbecame
be independent of the province, but the voters of componen
Section
province, 29. Provincial
whose Relations
charters contain withno Component
such to Citiesshall
prohibition, and not
Municipalities.
be deprived -x ofxgeneral
x Highly
their right urban
to v
executives led by the City Mayor, subject the
independent component cities shall be independent of the province. President's retained power of supervisio
provinces,
LGUs. The HUCs, and independent
foregoing statutorycomponent
enactments citiesenunciate
pursuant to and
and in accordance the
implement withlocal
Section 25 of the prov
autonomy
1991 Local
explicitly
government Government
recognized Code
units areunder , a
economiclaw enacted
the 1987 for the
Constitution.
viability, purpose of strengthening
To conform withand
efficient administration, the
the capability
guaranteesautonomy
to of theofCon
deliver th
ba
favor constituents.
their of the autonomy of considerations
These the LGUs, therefore, must it bebecomes the duty of
given importance asthe Court
they to declare
ensure the succesand
particular
autonomy. law
It isor statute affecting
accepted that the LGUs,the LGUsmore infringes
than the onNational
their autonomy,
Government and itself,
on their
knowrights
thea
Decentralization is the devolution of national administration, not power,
efficiently and effectively address the needs of their constituents, we should lean in favor of to local governments
decentralization is devolution,
embodies the legislative grantwhich involvesthe
that enables thelocal
transfer of powers,
government responsibilities,
unit and res
to effectively accomp
performance
General
out the declared of
legislativecertain
objects functions
powerofisitslimited from the
in that
creation, central
andthe government
enacted ordinances
to promote to
and maintain the LGUs
must
localnot be
autonomy. xxx. Sec
repugnant to law, and the power must be exercised to effectuate and discharge the powers a
local government
legislative body. unit to enact ordinances necessary and proper for the health and safety, pro
unit takes
morals, its
peace, cue from
good Section
order, 15 and
comfort, andSection 16, Article
convenience II oflocal
of the the 1987 Constitution.
government unit andFollowin
its co
provisions of the Local Government Code and the Constitution, the acts of the local governm
to
to pesticide
ensure the drift justifies
health the motivation
and lives behind the
of its constituents andenactment
to promote ofathe ordinance.
balanced and The City of
healthful ecD
authority to enact pieces of legislation that will promote the general welfare, specifically the
local government units flows from the express delegation of the power by Congress, its exerc
construedimplied
necessarily in strictissimi juris. Any
from the power that isdoubt
expresslyor ambiguity
granted; (3)arising outappropriate,
necessary, of the terms used in grantin
or incidental for its
A
efficient and effective governance; and (4) essential to the promotion of the general welfare of grant
local government unit may exercise its residual power to tax when there is neither a the
a prohibition by statute; or when such taxes, fees, or charges are not otherwise specifically e
the
the jurisdiction
Local Governmentor authority
Code, over such Internal
National part of the subjectCode,
Revenue submarine
as cable system
amended, or other lying within
applicabl
The exemption from real property taxes given
Philippine jurisdiction includes the authority to tax the same. to cooperatives applies regardless of whether
owned is leased. This exemption benefits the cooperative's lessee. The characterization of m
of all the is
property members
governed ofbythethe
Sanggunian,
Local Governmentand when necessary,
Code and not an theadequate
Civil Code. substitute for the.
facility
an that is is
ordinance subject to closure
a law but is provided.
a resolution is
only
a a declaration
boundary disputeofmay sentiment
involveor "aopinion
portionof orthethelegislative
whole" of body.
a local government unit's territor
Nothing
"the in this provision
respective legislative excludes
councilsaof dispute over an island
the contending local government
Local Government Code xxx. As the Court units havehas jurisdiction
previouslyover
ruled,their
it isboundary
"only upon disputes."
the failure of
intermediary steps will resort to the RTC follow, as specifically
panglungsod or sangguniang bayan concerned. If there is failure of amicable settlement, provided in Section 119 of the
the
formally tried by the sanggunian concerned and shall decide the same within sixty (60) days
if a quorum exists. In determining the number which constitutes as the majority vote, the Vic
excluded.
however, does The Vice Governor'sany
not represent right to vote is
particular merely
group. As contingent
a Presiding and arises
Officer, hisonly when
or her there i
mandate
while the Vice Governor does not enjoy full rights of participation in
that the SP effectively conducts its business for the general welfare of the entire province. Lo the floors of the
Sangguniang Panlalawigan, as the holder of the body politic's general mandate, the power to
there is ais deadlock,
(c) If there still no quorumpertains to him or her.
despite the
of the LGU. Section 465 (b) (1)enforcement
(vi), on the of the immediately preceding subsection, no business shall be transact
other hand, allows the local chief executive to imp
or
of specified
the SP (asprojects
the with corresponding
legislative organ appropriations without
local securing a separateobtain
authority
any transfer of appropriations fromofonetheitemLGU)torequires
another. the
However, chief
theexecutive
local chieftoexecutive defi
o
specific
presiding authorizations
officer of the before he can
sanggunian enter intomay,
concerned contracts funded by lump-sum appropriations
by ordinance, be authorized to augment an
which
item inthey have beenannual
the approved appropriated.
budget for Thetheir
exception is when
respective the from
offices local savings
chief executive
in otherisitems
author
w
ordinance to augment any item in the approved annual budget from savings in other items w

Binay was able to get a TRO against Omb order. Ombudsman filed a pet cert and prohibtion i
Act provided
The that
apprpriate no writ of injunction
consturction shall
of Sec 14 of thebe issued
Omb Act by any all
is that court to delay
remedies an investigation
against issuance ofb
facei evid exists that the s/m is outside the j/d of the Office of the Omb.
except Rule 45, remedy to SC on pure questions of law. This takes away the SCA of certiorari
vested by Consti
The remedy n court.
is appeal Sec.
to CA 14 increased
under the appellate
Rule 43. Rule 65 SCA for j/dcert
of the SC w/o
should its consent
be filed before and ha
CA, no
All the three provisions in the Consti intended to protect the independence of the Omb are in
from harassment. The Omb independence cannot be invoked to insulate Omb from judicial po

Sec. 2. The provision requires the Pres himself to enter into service contracts for exploration
cannot
and apply because
conditions providedPres
by himself is required
law, based on real by the Consti to the
contributions be the signatory
economic of the
growth service
and gen
agreements, the State shall promote the development and use of local scientific and technica

another elective post. Election is not a mode of condoning an administrative offense, and the
statutory basis in our jurisdiction to support the notion that an official elected for a different t

immediate reelection for a fourth term, albeit he is allowed to seek a fresh term for the same
could have sought his fourth term but prevented to do so by reason of the prohibition. There
considered an interruption in the continuity of service for the full term for which the elective
qualification
resolution of was made asprotest,
his election a deterrent against
Abundo an electivetolocal
was relegated beingofficial intending
an ordinary to skirt the
constituent t
sinc
in the 2004 elections, was occupying the mayoralty seat. In other words, during which his op

choose those who will govern them in order to avoid the evil of a single person accumulating
territorial jurisdiction as a result of a prolonged stay in the same office. To allow petitioner La
mayor after having served for three consecutive terms as a municipal mayor would obviously

for the full term. Morales cannot be deemed to have served the full term of 2004-2007 becau
before the expiration of the term. Morales’ occupancy of the position of mayor of Mabalacat f
cannot be counted as a term for purposes of computing the three-term limit. Indeed, the peri

enforcement of a suspension as a penalty, to cite some involuntary examples, may prevent a

functions of his office for a time without forfeiting title to office. Preventive suspension is no d

highly urbanized city is not correct.

The phrase "by the qualified voters therein" in in Sec. 453 means the qualified voters not onl
to an HUC but also the voters of the political units directly affected by such conversion in ord

to safeguard the rights to life, security and safety of the inhabitants of Manila, hence it order
depots to immediately relocate and transfer their oil terminals. But despite the finality of said
an ordinance, (Ordinance No. 8171) repealing Ordinance No. 8027 on the theory that a local

mains, electric, telegraph and telephone wires, conduits, meters and

other apparatus”
included listed
“cell sites” therein, which included
or telecommunications Smart’s
towers, telecommunications
the fees tower. No.
imposed in Ordinance Clearly, th
18 are
to regulate
primarily the enumerated
revenue-raising. activities
While particularly
the fees related to
may contribute to the
the revenues
construction andMunicipality,
of the maintenanc
the fees imposed in Ordinance No. 18 are not taxes. (Smart Communications, Inc. v. Mun. of

requisites: (i) a contiguous territory of at least two thousand (2,000) square kilometers, as ce
Bureau; or
(ii) a population of not less than two hundred fifty thousand (250,000) inhabitants as certified

the electorate still cast the plurality of the votes in favor of the ineligible candidate (Grego v.
125955, June 19, 1997, 274 SCRA 481, 501). Under this sole exception, the electorate may b
efficacy of their votes by notoriously misapplying their franchise or throwing away their votes

why this exemption should apply to cities and municiaplities but not to provinces. In fact, con
the Philippine archipelago, there is a greater likelihood that islands or group of islands would
created province than in most cities or municipalities. It is, therefore, logical to infer that the
or she should not do acts which he or she ought to know, would embarrass or obstruct the po
v. Castillo, No. L-193313, January 19, 1962, 4 SCRA 1, 9-10). An outgoing President should no
opportunity to make the corresponding appointments.

Prior to the amendment, Section 450 of the LGC required only an average annual income, as
Department of Finance,ent of Finance, of at least P20,000,000.00 for the last two (2) consecu
municipalities from such
prices. As amended, a is
there belatedly
a P100Mimposed
income modified income requirement in order to uphol
requirement
blood to the very intent and thrust of the LGC, which is countryside development and autono

procedure prescribed by law. In order to declare it as a valid piece of local legislation, it must
substantive requirements, namely: (1) it must not contravene the Constitution or any statute
it must not be partial or discriminatory; (4) it must not prohibit but may regulate trade; (5) it

municipality. Said dispute shall be referred for settlement to the sangguniang panglungsod
there is failure of amicable settlement, the dispute shall be formally tried by the sanggunian
within sixty (60) days from the date of the certification referred to. Further, the decision of th

"formed of' or "consisting of." As the presiding officer, the vice-mayor can vote only to break
votes when it matters the most, that is, to break a deadlock in the votes. Clearly, the vice-ma

The ordinance as it is an exercise of police power. As early asOrtigas & Co. Ltd. Partnership v.
Trust Co., 183 Phil. 176 (1979), the SC upheld the validity of an ordinance declaring the resid
industrial and commercial zone as it was passed in the exercise of police power. Since the mo

gainfully employed, more prone to illnesses and other disabilities, and, thus, in need of subsi
The discountdeclared
Constitution serves toits
honor senior
intention tocitizens who
prioritize thepresumably
predicament spent theunderprivileged
of the productive years of e
sick, th
to fend for themselves is inimical to a welfare state that the Constitution envisions. It
it did not make any reservation as to income, race, religion or any. other personal circumstan is tanta
persistence. It is commending indolence rather than rewarding diligence. It encourages them
than productive partners. Our senior citizens were the laborers, professionals and overseas c

Police power is not capable of an exact definition, but has been purposely veiled
in general terms to underscore its comprehensiveness to meet all exigencies and provide eno
response to conditions and circumstances, thus assuring the greatest benefits (Sangalang v.

granted, the extent to which it may be exercised is limited to the express terms or clear impl
is contained.
There are twoThe Constitution
different expressly
types of provides
taking that can beinidentified.
Article III, A
Section 9 that “private
“possessory” propert
taking occurs w
without just compensation.” The provision is the most important protection of property
government confiscates or physically occupies property. A “regulatory” taking occurs when th rights
According
reasonabletoeconomically
the Court: viable use of the property
The establishment of the buffer zone is required for the purpose of minimizing the effects of
of like properties; (c) the nature and actual use of the property, and the income therefrom; (d
tax declarations; (f) the assessment made by government assessors; (g) the social and econ
farmers and the farmworkers, and by the government to the property; and (h) the nonpayme

use and benefit of his property, such as when title is transferred in the name of the Republic
to be presented by the parties before the trial court for the valuation of the subject portion m

Transportation and Communications, G.R. No. 169914, April 18, 2008, 552 SCRA 59, 175, Just
pursuant
said that: to
Tothe purpose
be valid, thestated
takinginmust
the petition for expropriation
be for public filed, failing
use. The meaning of the which, it should
term “public usefi
purpose. If not, it is then incumbent upon the expropriator to return the said property to its p
reacquire the same. Otherwise, the judgment of expropriation suffers an intrinsic flaw, as it w

institute inverse condemnation proceedings within five years from the time the transmission
it was not the duty of respondent spouses to demand for just compensation. Rather, it was th
eminent domain proceedings before occupying their property. In the normal course of events

improvements and/or structures if any, or if no such valuation is available and in cases of utm
proffered value of the property to be seized; and (4) presentation to the court of certificate o
officials. Upon compliance with the requirements, a complainant in an expropriation case is e

SCRA 135). In Atty. Ledesma v. Court of Appeals, 503 Phil. 396 (2005), the fact “that the refus
comply with the order of the Ombudsman to penalize an erring officer or employee is a groun
15(3) of RA 6670, is a strong indication that the Ombudsman’s ‘recommendation’ is not mere

efficient. Removal from office as a result of reorganization must, thus, pass the test of good f
movement from one position to another involving the issuance of an appointment with dimin
or rank which may or may not involve a reduction in salary, is tantamount to removal, if no c

public utilities both in the national economy and for national security.”The evident purpose o
Considering
prevent aliens that common
from assumingshares haveofvoting
control publicrights which
utilities, translate
which may be toinimical
control,to
asthe
opposed to
national
no voting rights, the term "capital" in Section 11, Article XII of the Constitution refers only to
vital position
preferred of public
shares utilities
also have theboth
rightin
tothe national
vote economyofand
in the election for national
directors, security.
then the term The evi
"capita
requirement is to prevent aliens from assuming control of public utilities, which may be inimi

in context, be stated as follows: (a) the grant shall be made only in favor of qualified Filipino
can impair the obligation of franchises, as contracts; and (c) no such authorization shall be e
He was well aware of the constitutional prohibition and openly admitted the same. His actuat
the constitutional prohibition, hence, he cannot be entitled to a share of the real properties. C

There must be an official declaration by the State that the public dominion property is no lon
service, or for the development of national wealth before it can be acquired by prescription; t

Pursuant to this constitutional mandate, it has been held that "[a]liens, whether individuals o
acquiring lands of the public domain. Hence, they are also disqualified from acquiring private
constitutional
constitutional prohibition
provision isbarring or outlawing
the conservation foreigners
of the orpatrimony"
national aliens from acquiring or purchasin
lower courts exposed and laid bare her posturing and pretense for what these really are: that

The power of schools to instill discipline in their students is subsumed in their academic freed
dismiss students who violate disciplnary rules. The Honor Code is justified as the primary me
development.

Regulations for Private Schools. The right to establish disciplinary rules is consistent with the
Sec. 3(2), Constitution) for schools to teach discipline; (Jenosa v. Dalariate, G.R. No. 172138,
have the duty to develop discipline in students. (Marian College, Inc. v. CA, 401 Phil. 431 (200

case at bar, petitioners were required to justify their abatement via such an ordinance becau
Police power– isthe
exercised police
vested power under
primarily general welfare
with the national clause
legislature, – is amay
which power exercised
delegate the by the government
same main
to local govern
Unlike the examples
ordinances through their citedlegislative
earlier of bodies
a mad dog (the on the loose, pornography on display or a filth
sanggunians).
danger to the public and, therefore, could be addressed by anyone on sight, a basketball ring
The
that distribution
could have of electricity
prevented is a basicfrom
petitioners necessity that is
exercising anyimbued
form of with public interest.
deliberation Its provi
or circumspec
Requiring
subject to the
the respondents and
strict regulation other
by the affected
State in individuals
the exercisetoofcomply with
its police the consequences
power. o
under pain of penalty like fine, imprisonment and even cancellation of business
the concept of public use is no longer confined to the traditional notion of use by the public, b permits woul
constitute
interest, abuse
public of police
benefit, power
public welfare, and public convenience. As in the case of senior citize
law,
PWDs is reasonably
are entitled and directly
isemployed
actually aarerelated.
benefit Also, theby
enjoyed means employed
the general to provide
public to whichathese
fair, just and qb
citizens
second, the means reasonably necessary to attain the objective
reasonably related to its accomplishment, and are not oppressive, considering that as a form sought and no
any
The provision ofagainst
prohibition law (whether thosedecking
the referral found insystem
RA No.is
4226 or in RAwith
consistent No.the
10022), it follows-
State's exerciseas
ofat
that the DOH can likewise order these clinics and their association to cease and desist from p

NO NEED TO EXPROPRIATE FOR NOW...

The exercise of eminent domain requires a genuine necessity to take the property for public use
compensation.
properties. IfThe property
in the future is
theevidently being used for should
factual circumstances a public purpose.
change and the respondents refu
DOTC may initiate expropriation proceedings. But as matters now stand, the respondents
expropriation, the Republic's acquisition of the expropriated property is subject are
to the conditi
property should the public purpose for which the expropriation was done did not materialize.
property of the public domain, although titled to the local government, is held by it in trust fo
the act of classifying State property calls for the exercise of wide discretionary legislative pow
the courts."
power of eminent domain is essentially legislative in nature but may be validly delegated to
Judicial review of the exercise of the power of eminent domain is limited to the following area
compensation,
no hearing is actually (b) therequired
necessity forofthe
theissuance
taking, and of a(c) the
writ ofpublic use character
possession, which demandsof the purpose
only t
The requisites for authorizing immediate entry are the
form and substance of the complaint, and (b) the required provisional deposit. filing of a complaint for expropriation sufficient
the amount equivalent to fifteen percent (15%) of the fair market value of the property to be ex
amount
declaration. to a [15%
taking. FOR Compensable
LGUs] taking includes destruction, restriction, diminution, or inte
the common
Just compensation and necessary
is computed use and
at the timeenjoyment
of the takingof when
the property
property in is
a taken
lawful before
manner, lessening
filing of actu
years
the later!
determination of just compensation for property taken in expropriation is a judicial prerog
curtailed
not by legislation
take discretion away from the courts in determining just compensation in agrarian cases.
formula
the 70%iszonalset up in such
value to bea included
way that in itsthe
application
valuationisisdependent
actually anon the existence
arbitrary figure, of a certain
which is no
the courts can modify the valuation afterwards, consistent
It is not mandatory but discretionary on the Special Agrarian Court to apply the DA with their best discretion.
The
amount seizureof ofjustlandholdings
compensation. or properties covered by PD 27 did not take place on October 21,
compensation. Thus, if the agrarian reform process is still incomplete, as in this case where t
payment
landowner of thehasamount
yet to be is immediately
settled, justdue the landowner should
compensation even pending the determination
be determined and the process of justco c
6557
determining just compensation but it may not substitute the court's own judgment as to wha
to arrive at such amount
In other words, once the compensation for that person‘s property is placed in issue at the tria
There
paragraph is "taking,"
of the inimmediately-quoted
the context of the State'sSection inherent power of eminent domain, when the owner is
if actually d
It is true
there is a that no burden
practical destruction was orimposed thereon,3 and
material impairment
of Rule
of thethat 67,
theparticipate
value spouses therein
still
of his property retained and title
or when
he/she
heand pi
is dep
more than half of the property shall be devoted to the bypass road will undoubtedly result in
taking,
the or the time when the landowner was deprived of the use and benefit of his property,
property
formula
Republicfor of determination
the Philippinesof just compensation
(Republic), or emancipationto landowners
patentsdoes not include
are issued by thethe factor for
government
accounted for through payment of interest on the amount due to the landowner, and through
or forbearance
attorney's of money.
fees in cases "Whenwhere thethere
obligation is breached,
was irregularity andtaking
in the it consists in the payment of a su
of property.
money], the interest
compensation due todue the should
Spouses beMalijan
that which based may on have
the fairstipulated
market valuein writing.
of theThe interest
subject du
prope
A right-of-way easement or burden becomes a "taking" under
also imposed the payment of a legal interest at the rate of six percent (6%) per annum from eminent domain when there is material im
prevention of the ordinary uses of the property for an indefinite period. The intrusion into the property must be
Due to thefull
the owner's nature
enjoymentof the easement,
of the property and which to limit deprive
will his or herthe normal useofof
exploitation it. the land for an indefinite
There is "taking," in the context of the State's inherent
lives and limbs to danger, just compensation must be based on the full market value of the power of eminent domain,
affected when the o
propert
dispossessed of his property; when there is a practical destruction or material impairment of
It
thereduced
deprived
payment ofthe
theofsubject
ordinary
interest property
usethe
for to an area
thereof
delay of 138 square
of payment cannot meters.
be appliedThus,where the there
petitioners
is promptare liaan
remaining area of the subject property, with interest thereon at the rate of six percent (6%) per annum from the
as initially determined,
determined by the court, even if the amount
however, 12 long yearsof just
hadcompensation
passed before thewas later onwere
landowners increased
fully paid. pursu
Thus
misplaced.
from the time of the taking of the property until the actual payment in order to place the owner in a position as
was in before
undue delay of thethetaking occurred.to
petitioners Thepay imposition of such interest
the just compensation broughtwas to compensate
about the basis for the the landown
grant of
incremental interest is not granted on the computed just compensation; rather, it is a penalty
parties
landowner onlydue have to 15
thedaysdelay from
in itstheir receipt of the decision/order of the DAR within which to
payment.
jurisdiction of the Special Agrarian Court; otherwise, the decision/order attains finality and im
PVB Case which
discretionary
the recovery of was promulgated
execution
possession does not apply
[unlawful in Jan to18, 2000.
eminent
detainer] For complaints
domain
of Jizmundo can nofiled
proceedings.
longer before that, check
be allowed so astheno
to the public. The remedy left to Jizmundo and his co-heirs is the right to be compensated the
property,
The valuation of the land for the purpose of determining the just compensation should be inc
Philippines because the delay in payment is recompensed by the payment of interest on the
There is no basis for singling out golf courses for amusement tax purposes from other places
the taking.
(b) In the.Uniformity
sports case of theaters or cinemas,
of taxation, likethethetax shall first
kindred be deducted
concept of equalandprotection,
withheld by requires
their proprietors,
that all lessees,
subjects ororoperators
objects
receipts are divided between said proprietors, lessees, or operators and the distributors of the cinematographic films.
precedent to suspension of the collection applies only in cases where the processes by which
when
meansthe IAS-PDEA
thereof came up
are carried outwith the decisionwith
in consonance finding
the him
law, guilty of gross
not when misconduct,
the processes arethere
in plai w
Magcamit was even involved. The requirement that "[t]he decision must be rendered on the
at least contained
essence of due process in theisrecord AND disclosed
the opportunity to the
to be heard parties affected,"
, logically preconditioned was not on complied
prior notice, withb
a court cannot grant a relief not prayed for in the pleadings or in excess of that being sought
bare allegation that they were denied due process cannot overcome the clear fact that they w
be governed
establish their byclaims
such foreign law because the third requisite is not satisfied. A perusal of the
will show that some of its provisions are contrary to the Constitution and the labor laws of the
ESA are patently inconsistent with the right to security of tenure. the ESA is not applicable in
appeal and will not be considered by this Court.
The
Court mere
mayfiling considerof a motion
and for reconsideration
resolve issues not raisedcannot
beforecurethe thetrial
duecourtprocess if itdefect,
isThe especially
necessary for th i
complaint dismissed if there is no cause of action, are completely
the issue of violation of the right to due process and the lack of opportunity to be heard on th defeated. accused-res
nature of the liability claimed against him or her at the onset of the case. The accused-respo
fused
statingaction,
the cause the accused-respondent
of action of an obligation couldarising
not have from availed of thisAll
a contract. remedy
throughoutbecause the he or th
trial, sh
to exercising
in ascertain what policecause
power ofthe
action
local togovernment
look for in the unitinitiatory
must not pleading.
arbitrarily, In such a case, or
whimsically thedespacc
of its
So longsalutary
as the purpose.
ordinance realistically serves a legitimate public purpose, and it employs means that are rea
Substantive
without unduly oppressing refers
due process to the intrinsic
the individuals regulated, validity of a lawmust
the ordinance thatsurvive
interferes with the
a due process rights .of a
challenge
process, on the other hand, means compliance with the procedures or steps, even periods, prescribed by t
administrative
fair playthere
and without proceedings
arbitrariness are
onnotthe exempt from basic
part of those who are andcalled
fundamental
upon toprocedural
administer principles
it. jurisd
where is a
investigations and hearings. violation of basic constitutional rights, the courts are ousted from their
to due or
action process
ruling raises
complained a serious jurisdictional
of. the trial- type issue
hearing which wascannot be glossed over
not indispensable or disregard
in administrative
fundamental right to due process is apparent, a decision
administrative due process were satisfied once the parties were afforded the fair and rendered in disregard of thatreasona
right is
death of the respondent in an administrative case precludes
respective sides. The administrative agency could resolve the issues based solely on position the finding of administrative liab
subverted; b) on equitable and humanitarian reasons; and c) the penalty imposed would rend
Corporate
SMC cannot, persons,
under the needless
premises,to stress, are entitled
be considered as tosuch thejudgment
due process protection.
obligor in CC 0033-F as it
Republic as a party despite the clear mandate of the Rules of Court that "parties in interest w
right,
can beone hadwhich of ancannot
action shallbe taken away as
be joined without due or
plaintiffs process.
defendants It is a right in esse [actual right]
right]. It is proper to issue a TRO against
not violate substantive due process, there being no physical seizure the party trying to take thisof right away,involved
property pending at am t
AMLC's
actual seizure of the bank deposits or investments in question which brings these within reacl
investigation of money laundering offenses and its determination of possible money
inquiry into certain bank accounts allowed by court order, does not transform it into an inves
powers.
To
(a)consider [no aviolation
a nuisance party‘s of
per se,evidenceprocedural
when which
it affects due
was
theprocess]
not formallysafety
immediate offered of during
personstrial andwould deprive
property, which themo
undefined
(2) annoyslaw of necessity;
or offends or,
the senses; or
(b) shocks,
(3) a nuisance defies peror accidens,
disregards which "depends
decency upon certain
or morality; or conditions and circumstances, and
extent
(4) of the or
obstructs annoyance,
interferes danger
with the orfree
damage
passage upon of individuals
any public may
highway be unequal";
or street, oror anyse, body
Even
(b) a private nuisance, or one "that is not included in the foregoing definition" which, inper
if it is assumed, ex gratia argumenti, that the basketball ring was a nuisance jurisprud bu
or threat that required instantaneous action, the destruction or abatement performed by pet
Art 700 and
procedure for 702
suchdo annotaction
mention which that thethe
puts chief executive
said act into of the question
legal local government, like the Pun
OSG’s deputized counsel is "no more than
official who can determine the propriety of a summary abatement. the ‘surrogate’ of the Solicitor General in any parti
remains
as the report the principal
of the ODESLA counselisentitled
merely to be furnished copies
recommendatory of all its
in nature, court orders,does
absence notices,
not negaand
sent to the deputy, acting as an agent of the Solicitor
There is nothing in EO No. 13 which states that the lack of recommendation of the ODESLA reGeneral, is not binding until it is actual
inspection
administrative of the electric
case void. facilities;
Thus,by it theand second,
cannot be orsaid even
thatitsifpetitioners
there is prima were facie evidence of illegal
the
caughtbelated filing
in flagrante of delicto
an appeal
committing State,
the acts even
under failure 4(a),
Section to file andeprived
the opposition,
customer
of their
must
right r
in a still
land be
mistake or
sacrifice of error on the part
the property; (2) of its officials or
a newspaper agents
to be does not
considered onedeprive the government
of general circulation need of itsno r
court.
be able to appeal to the public in general and thus ensure a wide readership, and must not b
initial
the investigation
interest ofgovernmentbefore Galeos
a particular and beforetrade,
class, profession, the formal
calling, investigation
race, or religiousconducted by the LGU-
denomination; an
(which
she sought is the reconsideration. agency
Whiletaskedthe filing to ensure
of a motion the implementation
for reconsideration of RA 7277),
does not would
necessa ad
government
generic nameunits of theformedicine,
purposes the of uniformity
physician's in address,
the implementation.
contact number Thus, andNCDA A.O. No. 1
professional pr
lice
issuanceand
number of IDCs to PWDs
narcotic licenseas proof
number, of their entitlement
if applicable. to the privileges
A purchase booklet issuedand incentives
by the local under so
4. Identification Cards shall be issued to any bona fide
purchase of over-the-counter medicines. Likewise, any single dispensing of medicine must be PWD with permanent disabilities due t
conditions: psychosocial,
interpretation chronic illness,
thereof is imperative. learning,
However, wheremental, visual, orthopedic,
the language of a statutespeech is vague andand heaa
the case without contravening the basic tenets of due
resorted to. A law is deemed ambiguous when it is capable of being understood by reasonabl process. The due process violation was
PCGG had filed a civil complaint against the same respondent alleging substantially the same
null and void.
enforcer An exception
who conducted theto this rule,
criminal however, was
investigation, carved the
gathered out evidence
for cases and involving violation
thereafter file
consequence
importer, of the nullity
consignee of the Information,
or interested party of the any action
arrival of itstaken
shipmentby theand Sandiganbayan
details thereof. pursua
The
emphasizing the importance of said notice of arrival, which is intended solely to persons not
due notice requirement under Section 1801(b), do not apply to knowledgeable importers
The general rule is that the client is bound by the negligence and mistakes of his counsel. Th
the Ombudsman
lawyer's in this case
gross negligence went
would beyond
result in theits grave
legal duty and eventually
injustice of deprivinggranted his clientSen.of Revilla's
the due
counter-affidavits, and even afforded him the opportunity to comment thereto. Thus, there is
claims of denial of due process. [Estrada case: party has no right to copies of counter affidav
There is no law or rule which requires Ombudsman to furnish a respondent with copies of the
Comelec cannot prosecute SWS for failure to comply with Resolution No. 9674 [which compel
identities and other personal information of all their respective subscribers] since they were n
essential part of the right to due process is the right to be afforded a fair trial before convictio
active participation in the trial when he filed a motion to present rebuttal evidence. Under th
the complaint for the purpose of preliminary investigation cannot be allowed to conduct the
complaint. It is to say the least arbitrary and unjust. It is in such instances that We say one ca
time." Having gathered the evidence and filed the complaint as a law enforcer, he cannot be e
particular deposits or investments in banking institutions or non-bank financial institutions. T
monetary instruments or property deposited with such banks or financial institutions are not
said unlawful activity and/or money laundering offense."
In resolving the issue of whether probable cause exits, the CA's statutorily-guided determinat
the vast area of the affected plantations and the corresponding resources required therefor.
The required civil works for the conversion to truck-mounted boom spraying alone will consum
considerable
retarding the time and
growth financial
and progress resources given the topography
in the population and economic and geographical
centers featuresthe
of the country, of
Ordinance No. 1664 was to serve the public interest and advance the general welfare in the C
was, therefore, in order to fulfill the compelling government purpose. With regard to procedu
their family or household members, and to grant other necessary reliefs. Its purpose is to saf
parties
family or from further harm,
household member minimize
safety in anythedisruption in their daily
family residence, and life and facilitate
to prevent the opportu
the perpetrator fr
will take could be enough to enable the defendant to abscond or dispose
jeopardize the employment and support of the victim. It also enables the court to award tem of his property, in th
of VAWC may already have suffered harrowing experiences in the hands of her tormentor, an
notice
given to andthehearing werehired
employees required
afterbefore
July 1,such
1989. actsThecould
14thbe prevented.
month pay was It is
in athe
constitutional
nature of anc
benefit,
or to thewhich had been
transition given After
allowance. on top 1 of an1989,
July employee's usual salary.
the additional financial theincentives
distinctionsuch between
as RA
1, 1989
GOCCs was
with based
the on reasonable
exemption of thosedifferences
which were which was
authorized germane
to be to the
continued
means-end test. This test requires analysis of: (1) the interests of the public that generally objective
under of the
Section SSL
12
re
Therefore,
from
The those the
rational aaforesaid
ofbasis
particular
scrutinyprovision
class;
(also and does
known not
(2) as
thetheinfringe
means therelation
equal that
employed
rational protection
testare clausebasis
reasonably
or rational of necessary
the Constit
test) dem
and
relateare tonot
theunduly oppressive
legislative purpose. upon
Theindividuals.
rational basis To determine the propriety
test often applies in cases of involving
the classificatio
econo
Classifications
case not based
involving a on gender
suspect or
class. illegitimacy receives intermediate scrutiny. To survive inte
The
only strict
further scrutiny review applies
an important when ainterest
governmental legislativeandclassification
be substantiallyimpermissibly
related to that interferes wi
interest,
or operates to the peculiar class disadvantage of a suspect class. The Government carries th
basis and not is
classification arbitrary.
necessary Withto respect
achieveto R.A. No. 9442,
a compelling itsinterest,
state expressed and public
that itpolicy
is theisleast
the rehab
restr
reliance of PWDs. Persons with disability form a class separate and distinct from the other cit
The burden of proof is on him who claims that a statute is unconstitutional.
him or her the privilege to be interred therein. Unless there is a favorable recommendation fr
Articles
Congress oforWar
theattach only of
Secretary to National
the members Defense, of thenomilitary.
right canThere is also
be said to haveno substantial
ripen. Untildistinc
then,
PhilippineMarcos
Likewise, Presidents
wasburied
honorablyat the LNMB. Allfrom
discharged of them wereservice.
military not convicted of a crimerecognized
PVAO expressly involving
classification
being a military between
personawhomilitary
maypersonnel
be prosecuted and abefore
formerthePresident is germane
court martial, to the purpose
the President can h
separated/reverted/discharged
the principle of equal protectionfrom the service"
enshrined in the as contemplated
Constitution doesby not AFP Regulations
require the territorial
provision no longer provided for substantial distinction because, firstly, it ignored that the MC
of the provincial government; secondly, it failed to consider that the MCWD existed to serve t

Thethe
For EPCpurpose
does not ofrequire the universal
undertaking application
a comprehensive of the
urban laws
and to all persons
development withoutthe
program, distincti
dispa
House and lot - garbage fee of Php100/200sqm or less; Condo/Socialized
and an informal settler as distinct classes is obvious. The differentiation conformed to the pra Housing - garbage f
produced by these types of occupants is uniform. The classifications are not germane to the
election campaign
responsibility materialswaste.
in generating on their properties, there's no cogent reason to deny the same r
nonetheless authorized under
Classifying owners of public utilities Section 5 (a), Rule
separately 112owners
from of the Revised
of private Rules of Criminal
vehicles bears no Proced
relat
the
a evidence on
preliminary record clearly
investigation fails
is not the tooccasion
establishfor probable
the full cause. a judge may
and exhaustive dismiss
display the
of the cas
prose
clear-cut
evidence should not be applied" in the course of its proceedings, keeping in mind that "the is
cases when the evidence on record plainly fails to establish probable cause - that d
since a preliminary
not depend investigation
on the validity or meritsdoes ofnot finallyaccusation
a party's adjudicate or thedefense
rights and obligations
or on of part
the admissibilitv
established
the with hearsay
determination evidence,
of probable causeas is long as there is
an executive substantial
function. Absentbasis for crediting
grave abuse of the hear
discretio
Judge Alameda
interfered with by didthe
notcourts.
gravelyThis abuse his discretion
is consistent within theissuing
doctrinetheofarrest warrant
separation ofdespite
powers.the p
Determination of Probable Cause filed by Napoles and Lim. Hearing these Motions would be a
voluntary appearance
such motion[s], or submission
the judge is duty-bound to the jurisdictionevaluate
to personally of the court. even if it is
the resolution ofconceded
the publictha pr
nonexistence of probable cause), the accused waived all his rights to
a finding of probable cause does not require an inquiry into whether or not there is sufficientobject by appearing an
it is believed that the act or omission complained of constitutes the offense charged is enoug
that Section 4(e) of Rule 112 of the Rules of Court has used the word may in assigning such p
notboth
by unbounded
parties inbecause the rule precisely
the proceedings statedsufficient
were already that the for
clarificatory hearing was
the determination to be seto
of whether
the could
CA respondents. If the
not reverse orclarificatory hearing
undo the findings was
and geared towards
conclusions the determination
on probable cause by theofSecretar
the exi
the public prosecutor cannot be compelled to file a criminal information in
demonstration of grave abuse of discretion amounting to lack or excess of jurisdiction comm court if he is not c
evidence adduced for a finding of probable cause. Neither can he be precluded from filing an
quasi-judicial function, but performing an executive function. Moreover, the courts could inte
merits of the case
causethe
Once only through the
information is special
filed in civil
court,action for certiorari
the court acquiresunder Rule 65
jurisdiction of of
the the Rules
case andofany
Court, n
moti
the accused's guilt or innocence rests within the sound discretion of the court.
all accommodated and appointed to a vacancy in the judiciary, to determine who is best qua
applicants, and not to discriminate against any particular individual or class.
economics or social welfare, or to any other case not involving a suspect class.
application. Even manual spraying or truck-mounted boom spraying produces drift that may
discomfort,
discomfort and health risk and
alleged health risks environmental
to the community danger
and which
to the the ordinance seeks to address. The
environment.
become more onerous to various entities, including the respondents and even others with no
to the intended purpose of the ordinance.”

Schools,
being haled acting in loco
before the parentis, haveoffice
prosecutor's a duty
andtopeaceably
safeguard submitting
the health and well - being
themselves of their
to drug test
not necessarily consent to the procedure, let alone waive their right to privacy. To impose ma
implying that the equality guaranteed is not violated by a legislation based on reasonable cla
Classification, to be reasonable, must (1) rest on substantial distinctions; (2) be germane to the pur
(3) not be limited to existing conditions only; and (4) apply equally to all members of the sam
When judges dismiss a case or require the prosecutor to present additional evidence, they do
prosecutor's authority toprobable
other hand, determines determine the existence
cause by ascertainingof probable cause. of facts sufficient to en
the existence
crime has
found been
by the CA,committed,
respondents and thatin
acted the respondent
good faith andisinprobably
the honest guilty thereof
belief, as based on the in
their acted
they surveillance
in theirand intelligence
belief in good faith operations
that Almoitewhichwaspoints to Almoite
indeed Ali. Theiras the same
act in "Ali" being
arresting Almo
or attended
holding by corruption,
a disposable lightera inclear intenthand
his right to violate
and a the law,and
tin foil or aa flagrant disregard
rolled tissue paperofinestablish
his left
arresting
an arrest somebody.
made after an entrapment operation does not require a warrant inasmuch as it is co
in line with
flagrante the provisions
delicto, the police ofofficers
Rule 113, areSection
not only 5(a) of the Revised
authorized, but are Rules
duty-ofbound,
Court…to arrest him
considering
meters), notthat appellant's
to mention arrest was
the atomity legal,
of the the search
object thereofand (0.04seizure
gramthat resulted
of white from it subs
crystalline wer
the Court finds
warrantless it highly
arrest. doubtful
It is further that said
required thatarresting officerperforms
the accused was ablesome to reasonably
overt act ascertain
that wouldt
actually committing,
objection involving a or is attempting
warrant of arrestto orcommit an offense.
the procedure by which the court acquired jurisdicti
must be made before he enters his plea;
application, an SW application may be filed in a court other otherwise, the objection
than the is deemed
one having waived.
jurisdiction o
offense was committed and where the SW shall be enforced.
discreet and prudent man to believe that an offense has been committed and that the item(s
connection
probable cause with for
said offense of
purposes or filing
subject to seizure
a criminal and destruction
information refers to by"such
law isfacts
in theasplace to be
are suffici
that a crimeInvestigation
Preliminary has been committedproceedings and and that application
respondents forare probably
issuance of guilty
searchthereof.
warrants are bot
proof.
A search warrant may be issued only if there is probable cause in connection with a specific o
on
theretheispersonal
no exactknowledge
test for theofdetermination
the applicant of and his witnesses.
probable cause in the issuance of search warra
the finding of trial judges in the process of exercising
his own inquiry on the intent and factual and legal justifications their judicialforfunction.
a search warrant. The que
repetitious
per of the averments
se. Constitutional stated
provisions in the affidavits/deposition
protecting privacy should not be of so
theliterally
applicant and the witne
understood so a
ensure
With the safety
regard of the and
to searches traveling public.
seizures, the standard imposed on private persons is different fr
authorized
against government
unreasonable authorities.
searches and seizures cannot be extended to acts committed by privat
the ambit of in
inapplicable alleged unlawful
the present intrusion
case. by the government
Nevertheless, searches pursuant to port security measures
security
The measures
reason behind of x-ray
it is thatscanning
there is aand inspection
reasonable in domestic
reduced ports are
expectation akin to when
of privacy routine secu
comin
[terrorism
by the policeconcerns]
authorities was conducted without proper consultation, and it left motorists with
themselves
under customs to the
law;checkpoint
(2) the search [Peoplewasvfor Aniag]
the enforcement of customs law; and (3) the place
house.
customs law. It was also not motivated by the provisions of the Tariff and Customs Code or ot
searches
One of theusually occurexceptions
recognized within ports toor theterminals,
need of ait warrant
is importantbeforethat the search
a search may must be for th
be effected is
In this instance, the law requires that there first be a lawful arrest
suspects of the March 15, 2007 robbery incident. As the Court sees it, the information the po before a search can be ma
would have been
a warrantless enough
search for themvehicle
of a moving to secure the necessary
is justified warrants
on the ground against
that thepracticable
it is not robbery susp to
can be quickly moved out of the locality or jurisdiction in which the
which, based on jurisprudence, are not illegal per se for as long as its necessity is justified by warrant must be sought.
conducted in a way that
It must be stressed leastitintrusive
is only upon to motorists.
their absence that their presence may be replaced by
discretion residing in the same locality.
otherwise,
warrant is validthe search
for as become
long as itunreasonable,
has all the requisites thus rendering
set forth thebyseized items inadmissible
the Constitution and mustun o
elements are
However, if thefound to beaction
criminal wanting.has Also
alreadyremember thatthe
been filed, a search warrant
application is a
shall process.
only be made in t
pending.
Note that the Rule stated above does not say anything about the court issuing the s/w needin
matter/offense.
The search warrant may be issued by one court while the resultant case may be filed in anot
Held: No PC for arrest. It would be highly implausible that he would be able to idenitfy from a
motorcycle
the arrest on atthis
a speed
person. of 30kph
The policeminiscule
officeramounts of shabu
did not arrest himinbutvery small to
pointed sachets.
him the right pla
filed against the
certifications wereaccused
submitted for jaywalking.
showing that respondent was not an authorized refiller. The tes
existed for issuance of s/w
Placed bag on x-ray scanner in seaport.. Ammo was found in the bag. Illegal possession of fir
illegal. Court said DLC voluntarily waived his right to unreasonable search and seizure. He ha
flagrante delicto, justifying his arrest even without a warrant under Section 5(a), Rule 113 of
firearms and ammunitions obtained in the course of such valid search are thus admissible as
as “a reasonable ground of suspicion supported by circumstances sufficiently strong in thems
believe that the person accused is guilty of the offense with which he is charged.”
situation where the police officers purposely searched him upon his arrest. The police officers
black bag, which was in his possession; they deliberately opened it, as part of the search inci
case their computer data, electronic document, or electronic data message. Such act has no
guaranteed freedoms. There is no freedom to destroy other people’s computer systems and
and relate to. To add all of these airtimes in different dialects would greatly hamper the abilit
– a form
the of suppression
purpose or objectiveofofhis
thepolitical speech.
government in a manner that would not work unnecessary an
on the citizenry.
privacy tools. In other words, utilization of these privacy tools is the manifestation, in the cyb
or her rightoftowhat
recipients informational
were posted.privacy.
They did not resort to any unlawful means of gathering the in
them by persons who had legitimate access to the said posts.
tagged can view the post, the privacy setting of which was set at "Friends." Under the circum
of violationalbeit
sustained, of right to privacy
subjected to is negated. scrutiny by the courts; and
heightened
4.
The One such legislated
foregoing exception
demonstrates that is Section
the inquiry11and
of the AMLA
examination into the bank account are not un
the investigative
applied discretion
in this case, fails theofreasonability
the AMLC. test.

petition for redress of grievances, although not absolute when it issued a writ of mandamus t
a permit
The to usemay
regulation the street.
reasonably be considered as either content-neutral or content-based. Reg
will be the same. Generally, compared with other forms of speech, the proposed speech is co
power to prosecute on a mere showing that, as applied to third parties, the penal statute is v
notwithstanding that the law is clear as applied to him.
and assembly in a more generalized way and where the effect of the speech and assembly in
of a specific danger is not susceptible even of impressionistic calculation,” then the “balancin
This is so because if there is a clash between police power and non-impairment of
contract, the former shall prevail, it being the most irresistible power of government.
The press statements of Sec. Gonzales threatening those who would play the Garci tapes and
threatening cancellation of the franchises of media establishments who would play the Garci
prior restraint that transgressed the Constitution. It is not decisive that the press statements
respondents were not reduced in or followed up with formal orders or circulars. It is sufficien
statements were made by respondents while in the exercise of their official functions.

Undoubtedly, respondent
Gonzales made his statements as Secretary of Justice, while the NTC issued its statement as
media. Any act done, such as a speech uttered, for and on behalf of the government in an official capacity is co
by the rule on prior restraint. The concept of an act does not limit itself to acts already converted
official circular. Otherwise, the non-formalization of an act into an official order or circular will
circumvention of the prohibition of prior restraint. The press statements constitute impermiss
restraints on the right to free speech and press, hence, they were struck down.

There was enough chilling effect of the complained acts. The warnings came from the NTC, a
agency that can cancel the certificate of authority of radio and broadcast media. They also c
Justice, an alter
do not. These ego of
media arethe President
viewed who weilds
as beneficial to the public
power into aprosecute
number of those violating
respects, but the
are la
a
sources of harm
expression clause. The test for limitations on freedom of expression continues to be the clear
rule.
Necessarily, however, the freedom of television and radio broadcasting is somewhat lesser i
accordedBookstores
children. to newspaper andand motionprintpicture
media.theaters may be prohibited from making certain mat
same selectivity
income masses who cannot
findbe thedonecostinofradio
books, or newspapers,
television, where the listenerbeyond
and magazines or viewer is constan
their humble
shelter perforce
pleasantly enjoy high
entertaining priorities.
utterances. Since they are the most convenient and popular means o
public
the issues,
speech theylead
will likely also deserve
to an special protection.
evil the government has a right to prevent. This rule requires that the evil con
must
(3) be substantive,
freedom of accessextremely
to information;seriousand and the degree of imminence extremely high
(4) freedom
i.e., of circulation
the restriction is based on the subject matter of the utterance or speech. The cast of the restriction
challengedthe
rubberstamp act is assayed
validity with.
of a law but also require that the restrictions be narrowly-tailored to promote an important or
to the suppression of expression
restriction on alleged [freedomintermediate
. The of speech & approach
expression] hasisbeen formulated
no greater than is in essential
this manner:
to the
furtherance of that interest.
Unless
(Cabansag the government
v. Fernandez;can overthrow
ABS-CBN this presumption,
v. Comelec). the content-based
The regulation which restricts restraint will be
the speech s
con
substantial government interest, which is unrelated to the suppression of free expression.

speech. They simply illustrate that petitioner had descended to the level of name-calling and
discourse. Hence, his speech cannot be protected by the constitutional guarantee of religious
recognized in favor of members of the Jehovah's Witnesses from doing certain gestures durin
will all go down the drain simply because we insist on strict separation.
The position of the Catholic religion as regards the RH law does not suffice to qualify it as reli
candidatesactivity
collective shows ofthat it is athe
joining speech of political
fun run consequences.
in T shirts with inscription about invectives was not in
disrupt
at survey theelection.
service.The
These acts of the
disclosure officers and
requirement willemployees
take effectwere only an
only upon, exercise
not prior toofthe
thepub
co
weighed
public against
election the purpose
surveys remain. of All
ensuing equality. does is to regulate the manner of publicatio
the resolution
only upon,innot
message prior to, publication.
circumstances in which the communication cannot be avoided. Commuters are n
materials on public utilities.
result of the prohibition, owners of PUVs and transport terminals are forcefully and effectivel
preferences under the pain of indictment for an election offense and the revocation of their fr
Also, there is trains,
jeepneys, absolutely no necessity
taxi to restrict
cabs, ferries, the right to
pedicabs freetricycles,
and speech of the owners ofmotorized
whether PUVs and transport
or not;terminals.
(6) With
terminals, such as busof
sincere manifestation terminals, airports,
support and seaports, docks,
a proclamation of beliefpiers,
by an train stations,
individual and the
person who like.
pa
property.
it hinders police authorities from seeing whether the passengers inside are safe, is a regulation on the franchise or
permit to operate. It has a direct relation to the operation of the vehicle as a PUV , i.e., the safety of the pa

The non establishment of religion clause bars the state from establishing through laws and ru
specific region. Religious morality is NOT binding whenever the SC decides the admin liability

protection of the privilege of non-disclosure is necessary to allow the free exchange of ideas
guarantee
needed reco free
to enable thefrom interference
members of the
of society to inquisitive public.
cope with the The petition
exigencies of theshould
times.be denied
However,
certain Both
know.” records may be imposed
of constitutional by law
origin, the former is a command while the latter is a permission
on the part of members of the government
does not carry with it the authority to prohibit to access,
discloseinspection,
their SALNs to the publicorincopying
examination, the mann
of
public office is a public trust.

The constitutional guaranty of non-impairment of obligations of contract is limited by the exe

NEECO prior to the enactment of RA 7832 since all private contracts must yield to the superio
measures taken by the State to promote public welfare

The rights under

confession section 12given
was voluntarily of theand
billwas
of rights are notthrough
not elicited applicable to administrative
questioning by policeinvestigat
authoritie
gestae.
guaranteed by the Constitution cannot yet be invoked at this stage. The right to be assisted
custodial investigation
something andto
false. The right cannot
counselbe attaches
claimed byuponthethe
accused during
start of identificationi.e.,
the investigation, in awhen
police
questions to elicit information and/or confessions or admissions from the accused.
the interrogation and propounds questions to the person to elicit incriminating statements. P
investigation; hence, the right to counsel guaranteed by the Constitution cannot yet be invok
Indeed, there is no showing that the radio reporter was acting for the police or that the interv
under circumstances where it is apparent that accused-appellant confessed to the killing out
went to the police sub-station was the Luz had been flagged down “almost in front” of that p
for the sake of convenience that they were waiting there. There was no intention to take Luz
station and voluntarily made the statement that the victim jumped out of his vehicle. Thus, t
procedure
theft. UnderforSection
custodial
30,investigation
Rule 130 of theis not applicable.
Rules of Court, a confession is a declaration of an ac
guilt for
clear the of
intent offense charged,
insulating or forfrom
the latter any offense necessarily
police coercion included therein.
or intimidation underlying Section 12
Rights) of the 1987
As an additional Constitution.
pressure, he may have been compelled to surrender by his mother who acc
police station. As an additional pressure, he may have been compelled to surrender by his m
police station.
JPE's social and political standing indicate that the risk of his flight is highly unlikely. The frag
compelling justification for his admission to bail.

Reckless imprudence resulting in falsification of public document is included in willful flasifica

latter is a greater
importation. offense.
Convicting theIfaccused
charged of
with latter
illegal and convicted
possession of the
does not former,
violate noright
their violation
to beof
infr
accusation against them.

prosecution to comply with the order of the court to submit the necessary motion even when
installments. Bonsubre faield to prosecute the case. Such inordinate and unjustified delay vio

Dismissal
also for failure
of robbery. to the
SC: As prosecute has thealready
first jeopardy effect of acquittalthe
attached, andCAwill
is bar furtherfrom
precluded prosecutio
ruling onnfo
for robbery.
No double jeopardy if dismissal is merely provisional and with express consent of the accused
acquittal
have of the
waived hisaccused cannot
protection be appealed
against by filingInpetition
doubly jeopardy. forat
this case certiorari
bar, the because
dismissalit was
will vio
gra
Double jeopardy, thus, did not attach.

JBC policy adopting requirement that MCTC judges must have at least 5 years of service is no
for implementing the Consti. It should be published
Admin bodies may promulgate IRR which have the force and effect of law.
Act of the DENR Sec is not an exercise of QJ power and cannot be reviewed by the CA. The pow
Sharing Agreements is administrative in nature. [mandate of DENR to control and supervise t
Pet Cert is not the proper remedy for a resolution issued by admin body in exercise of QL pow
exhausted by filing the case in the ERC, which as technical expertise.
The principle of exhaution of admin remedies need not be adhered to when the question is p
resolved with finality by admin offices anyway.
There areofexceptions
Doctrine exhaustion toisthe rule on exhaustion:
inapplicable was a consti
to order granting provision
petition violated?
to cancel was
a notice of the need
his pena
in the of
Issue involved
whethercase because issue
non-compliance is purely
with legal.
clearance requirements with HLURB will result in nullifc
question. Doctrine of exhaustion N/A.
same
If the law's constitutionality is assailed, doctrine of exhaustion n/a

The three grade salary rule prohibts the promotion to a position higher than three salary grad
exceptions
The fact thatcan becandidte
the made (like here,through
passed whereina the officer
deep appointed
selection ranked
process firstsuperior
and had in the exam.)
qualific
salary grade limit on promotion.
The prohibition against midnight appointments applies to presidents only.
If the officer appointed does not have the required CESO rank for the position, he can be repl
qualifications. That officer's appointment will be considered merely temporary.

Official acts of a de facto officer during his tenure are presumed valid.

Written complaints are not required to be under oath if filed by the superior of employee.
Dismissal does not preclude continuation of admin case on the same ground against an erran
Abandoned!!!!
The act did not :[constitute
Public office is a public
msiconduct trust!] a letter containing libelous statements again
[handing
handled to a single individual. There was no intent to cause widespread determination of the
Public placed under preventive suspension because of an admin case but was acquitted is no
Comelec to be counted as judicial service. NO PUEDE. Comelec is an agency independet on t
considered as service in judiciary. Same goes for work in the NLRC and other non-judiciary bo
The officers and employees who received the disallowed benefits are presumed to have acte
bad faith
before on the The
clarified. partpersonnel
of approing officers.
who received the allowance in good faith need not reimburse
allowance in good faith need not reimburse.
Payment for erroneous increase in the slary of a government employee made in good faith ne
The employees were in good faith if they were not privy to the internal workings for the appro

For the pet to cancel a COC, the material misrep must involve his eligibility or falsification for
[residence!
a age! citizenship!
bona fide member other legal
of Lakas-CMD. qualifciations!]
The record The
is bereft of nickname
any is not
allegation thatathe
qualification
authority info
forged
not or in any Since
be counted. way defective. The onlythe
Bacani garnered issue was that
highest it was
number not submitted
of votes withineligibile,
among those the prescsh
councilor.
A candidate who was also an American citizen who renounced his American citizenship but c
afterwards is disqualified because of his reversion to his dual citizenship.
O sufficently established his residence in Toledo City - applied for transfer of voters's reg, pur
improvement and acquired another parcel of land.
 domicile in the Philippines. Frequent visits to the PH from Canada cannot be considered as wa
re-establishment.
THOSE QUALIFIED, once the Court affirms the Comelec Reso cancelling the COC of the person
votes but
filedisaineligbile.
quo warranto because 5 years from sentence had not yet lapsed when he filed C
deemed not to
Since he was never haveabeen
validacandidate,
candidate the
at all. Y was
votes declared
cast for him winner.
are stray. O, who got the highes
qualified candidates, was properly proclaimed mayor.
to shape the preference of votesr, inform strategy of campaign machineries and ultimately, a
[Bandwagon Effect is Real!]
appropriate and practical for the process of voting, counting of votes and canvassing/consolidation and transmi
Possibility of vote buying is not an excuse.
"Originally commenced in the Comelec" means an action filed in the Comelec in the first inst
banc [as distinguished from caes appealed to it]
The Comelec had sufficient bassi for proclaiming 44 winners and leaving only 5 seats. The Co
winning
stated Maycandidates if the remaining
15. Proclamation date is uncanvassed returns will
the proper recokoning not Given
point. affect that
the result of the elec
the opposing pa
[supposed to be May 25 but it was a Saturday, so Monday after], he filed it out of time.
appeal] and if appealed, then affirmed by the SC. Only upon finality can the votes of a nuisan
candidate who filed the petition
To justify nullification of an election, illegality must affect more than 50% of the votes cast an
the proper forum that could have granted execution pending appeal was the Commission itse
over the case.
Transfer includes reassignment, because the terms transfer and detail are modified by the te
at all.

for the sanction imposed by this provision would affect the substantive rights of a
candidate - the right to run for the elective post for which he filed the certificate of candidacy
mission onage,
Election
citizenship or any other legal qualification necessary to run for a local elective office as
Code.
Furthermore, aside from the requirement of materiality, the misrepresentation must consist o
misinform, or hide a fact which would otherwise render a candidate ineligible.
under Section 74 hereof is false. The petition may be filed at any time not later than twenty-fi
the certificate
follows from a of candidacy and
consideration shall
of the be decided, after
consequences of anydue notice falsity:
material and hearing, not later
a candidate whothan
fal
runs and is elected, he cannot serve; in both cases, he can be prosecuted for violation of the
distinction mainly in the fact that a “Section 78” petition is filed before proclamation, while a
proclamation
mislead or to of the winning
misinform as tocandidate.
warrant the cancellation of his CoC, the COMELEC could still de
the requisite eligibility under the Local Government Code.

he remains a candidate until disqualified; but a person whose CoC has been denied due cour
cannot be substituted because he is not considered a candidate

action, inquiry, or protest and, upon motion of the complainant or any intervenor, may during
suspension of the proclamation of such candidate whenever the evidence of his guilt is stron
sentence when he paid the fine on 17 February 2011, the five-year period shall end only on 1
disqualified to become a Member of the House of Representatives until then.

Consequently, they are expected to know of the exact moment the winning candidate is proc
concerned
acts which clearly demonstrate that the candidate has no bona fide intention to run for the o
candidacy has been filed and thus prevent a faithful determination of the true will of the elec

affects his right to hold public office. The number of ballots cast in his favor cannot cure the d
substantive legal requirements of eligibility to run for public office.

substituted. A withdrawal of candidacy can only give effect to a substitution if the substitute
a sworn CoC as required by Section 73 of the Omnibus Election Code

denied due course or cancelled in accordance with Section 78 of the Election Code, his certifi
may be validly substituted by Luna.

control over electric cooperatives under Secs. 5 & 7. PD No. 1645, hence, the resolution remo
NEA to review.
judicial processThe RTC has
pending no jurisdiction
referral of such issues to the administrative body for its view or, if th
disadvantaged, dismiss the case without prejudice.

convenience, will shy away from a dispute until the system of administrative redress has bee
to give the administrative agency concerned every opportunity to correct its error and dispos
principle may also be disregarded when it does not provide a plain, speedy and adequate rem
observed, or here protestant has no other recourse.

Through this power, rules and principles embodied in a treaty in force would be transformed
valid and effective upon the concurrence of 2/3 of all members of the Senate.

international law norms subjecting the territorial sea or archipelagic waters to necessary, if n
maintaining unimpeded, expeditious international navigation, consistent with the internation

Insofar as the internal waters and territorial sea is concerned, the Coastal State exercises sov
other rules of international law. Such sovereignty extends to the air space over the territorial
question constitutes, at the time it takes place, a crime within the jurisdiction of the Court an
Statute (Art. 11 and 22, Rome Statute)
ng todo my
golly
inguish between lawful and unlawful ballots.
why was property taken KHO Case
[use]
when waslegal
what was property taken
interest at
the time?
when waslegal
what was complaint filed
interest at
the time?
National government or
LGU?
what was the ruling with
respect reckoning
to legal interest?
point of
payment
interest rate applied
MALIJAN Case
Gudani v Senga
Consti is presumed to be
present all the time
RP v Sandiganbayan

Manila Prince v GSIS

Notwithstanding Manila
Prince
Knighs of Rizal v Torre de
Manila
Gamboa v Teves
Consti cannot just be
amended or altered like
ordinary legislation

Congress itself can propose

amendements
Problem:
Better view
Chavez v JBC
Congress may call for a
consti convention
If they don't
sitting want to do this
as a constituent
body, proceed with respect
to the proposals for
New provision in 1987
Consti re:legislative
with each amendments
district represented by at
Santiago v Comelec
Lambino et al

Why?

Lambino filed MR
So... Did the SC abandon
Santiago?
which people's
participation through a

Elements of the State

(1) People
(2) Territory
Magallona case
 Arbit Award re: South China
Sea Dispute
(3) Government
Constituent v Ministrant
Functions
Shipside v CA
3 Inherent Powers of the
Gov't
Police power
Superdrug Case
Beltran v DOH Case
St. Lukes
Mirasol
SJS v Atienza and SJS v Lim
Police power can prohibit
MMDA has not been
and regulate
delegated police power by
the
LGCsCongress

Power of Eminent
Domain
QC v Tan
Agan v Piatco
Manila Memorial Park Case
Hermano Oil (BERSAMIN!)
Heirs of Juancho?
To be just compensation
RP v Lim
MCIAA v Lozada

Power to Tax
Power to tax is power to
Power to tax shalldestroy
not be
power to destroy as long as
Reyes v Almanzor the court sits
Health Care
Delegated toProviders Case
LGC subject to
guidelines that Congress
may provide
Bayantel Case
LGC lifted tax exemption of
GOCCs
MCIAA case
MIAA case
MCIAA v City
Normally, the of Lapu Lapu
inherent
powers are standalone
powers.
Ermita Malate
- police power
- power of taxation
Luzon Drug Case
Eminent Domain/Power to
Tax
Agrarian Reform Program
police power
eminent domain
(4) Sovereignty
State Immunity

wrt State officers

wrt GOCCs

How is consent given?

Air Transport Officers v

Ramos
Abesina(?) Case

Like in the Meritt Case

Waiver of Suits
There must be another
waiver
RP v Hidalgo

UP v Dizon (Bersamin!)
NHA v Roxas (Bersamin!)

Immunity of Internationl
Orgs and Other States
Young v Pp

Ariba v Swift

Separation of Powers; Checks and Balances and Non-delegation of powers

Separation of Powers
Ople v Torres [National ID
system]
KMU [ID system for
executive agencies only]
alter, or supplement the
rules of pleadings, practice
RP v Guinguyob?
Silverio v RP vs
Cagandahan Case
OCA v Reyes
Mamiscal v Abdullah
Manzano Case
Checks and Balances
Congress Check on
Executive
Congress Check on
Judiciary
Executive Check on
Congress
Executive Check on
Judiciary
Judiciary Check on
Congress
Judiciary Check on
Executive

Senate v Ermita
Lansang v Garcia
Lagman v Medialdea
Francisco v HRET
Independent Constitutional
Commissions
Non delegation of powers

Sema v Comelec

Tests
Pelaez v Auditor Gen (old
case)
Municipality of San
Narciso
Kamid v[1994]
Pres (10 years
after)
People v Dacoycoy
Executive Power
Vested in one person alone
Areas that cannot be
- the President
delegated by Pres - must be
personally done by Pres

Executive Privilege

Neri v Senate

Judicial Privilege

What is the value of this

privilege?

Art. II
Sec. 1
Sec. 2

Sec. 3
Sec. 4

Sec. 6
Sec. 7 Independent Foreign
Policy

Sec. 8 No Nukes
Sec. 11 Human Rights
Sec. 12 Sanctity of Family
Life
Sec. 16 Balanced and
Healthful Ecology

Sec. 19 Self Reliant

Sec. 20 Private Enterprise

Sec. 22 IP

Sec. 24 Communication
Sec. 26 Access to Basic
Services
Sec. 27 Honesty and
Integrity in Public Service
Sec. 28 Transparency

Art. VI CONGRESS
Duties
Consti is embodiment of national conscience

Effect of not
Just after EDSAhaving a Constitution
Revoluton - search warrant for unlicensed firearms
allegedly possessed by Gen. Ramas and GF. The team got the firearms as
ALL
well items
as cash, used as evidence
jewelry, in case for unexplained wealth against Gen.
land titles
Ramas
Gen Ramas' objection: exclusionary rule
SB agreed with Ramas; rejected the evidence not included in the SW
Govt's argument: at that time, no consti, no bill of rights and therefore, no
the international
exclusionary rule instruments that PH had been party to - like ICCPR or
UNDHR. These
patrimony (historical international
value). documents
No law needed provide the same
to provide for kind
suchof
protection
classification.that are enshrined in the bill of rights. Even without a
Art. II are still generally NOT self executing - they are mere guidelines for
purpose of legislation
Art. XIV Sec. 15 (Arts and Culture) not self executing
When it comes to public utilities Art. XII, Sec is self executing
It is not included within power of Congress to legislate
It is a constituent power
Congress would not be able to exercise such if not provided for by Consti
How? By 3/4 vote
Consti not clear if the base of 3/4 is the entire congress OR each house
3/4 vote of each house
by practice, the Senate and House would each be represented, with 1/2
vote each. Not allowed. Only one rep from both houses combined. Now
by 2/3 vote of congress - again from each house
by majority vote, they ask the people if they want a Concon
Should Mendoza:
Justice it sit jointly?TheOrspirit
should it separately
of the consti whenlikeitincomes
ordinary legislation? to
to amendments
consti is to sit together then vote separately. Sit together so everyone can
hear from everyone
PEOPLE'S INITIATIVE in Congress, not just in their respective houses.
Congress
SC: RA 6775 passed RA 6775 regarding
is incomplete this matter
and inadequate and wanting for the purpose of
carrying
Lambino not deterred by the Santiago ruling.would
out an initiative for the Consti; law In thisonly apply
case, to ordinary
SC did not find
legislation
need to and
revisit ordinance,
Santiago NOT
because consti amendments
Lambino's initiative to amend consti itself
presented with summaries of the proposals. The actual text of the
was flawed - no need to go into statutory basis.
proposal must be provided, either copied in the petition itself or attached
Also,
as an no log-rolling.
annex thereto.You For can't just put together
the initiative several
to be effective, it unrelated
must be shown that
provisions intended to be amended to avoid confusion.
Only amendments not revisions can be proposed via initiative
SC Minute Reso: 10 of 15 SC Justices maintained their positions that RA
6775 is sufficientThese
Not necessarily. and adequate to propose
10 SC justices amendments
were just expressingtotheirthe Consti.
opinions
which was not embodied in a decision
Can't be held at any time
Not earlier than 60 days
but not more than 90 days after proposals were made

Archipelagic Doctrine - consider archipelago as one coherent unit (vs

fragmented parts); internal waters form part - they are not inseparable by
W/N Baselines Law was consti because its application would decrease the
the islands
PH territory
compliant with UNCLOS III because if not, the country would not be able
Who owns
to claim theaextent
certainprovided
part of the
forSCS, including
the TS, CZ, EEZparts
underof the international
PH EEZ?

China says it has historical rights over the disputed part.

Constituent - acting in its governmental capacity
Ministrant
Prescription - acting in its
does not runproprietary
against thecapacity;
governmentmoreBUT
discretionary;
If the transaction
functions
involves that can also be done by private sector
necessary for the existence of the government; the moment(like
a body that performs only MINISTRANT functions the
government
BCDA), prescription runs against the latter.
comes into being, these powers also come into being; these powers still
have limits general welfare of the people
to advance
Senior Citizens Law is a police power measure. 20% SC discount is 'taken'
from
Policethe property/funds
power can regulateofwelfare
the establishments
with respect to health. Phasing out of
commercial blood banks was valid
radiologist refused and was subsequently by virtue of police
fired. power
She filed a case against St
Luke's for illegal dismissal SC upheld the law as valid under
certain types of motorcycles are not allowed to use the expressway. exercise of
Owners of such complained. SC: Valid reason of police power - to protect
relevant especially with respect to vices (i.e. Sale of Liquors to Minors
prohibited; Gov't officials are prohibited from entering casinos, etc)
It cannot, on its own, issue its own ordinances
power is merely delegated to them; as such, such power cannot be used to
counteract
SC: CDO citya cannot
nationaloppose
law establishment of a casino by PAGCOR in your
area, via local ordinance because PAGCOR is empowered by a national
taking
private of privateowners
cemetery propertywereprovided
made tothere is just
set aside compensation
a portion of the lots for
burial of propers via QC ordinance valid under police
anomalies in the construction and decided to terminate the BOT power; owners said
that's eminent
agreement. domain
By giving SCOne of the contentious
discounts, provisions
there is taking but it is in the agreement
a valid exercise ofwas that
pp as it
"In case of national emergency and government has to take over
promotes general welfare. However, taking is justified only to the extent NAIA III,of
access). TRB did not grant request. SC affirmed TRB's disallowance.
eating up the profits of the establishment, not the capital. When it starts
Access
Propertyfences are needed
was being taken for safety
to set up aofsports
the traveling public.course.
complex/golf SettingHeirs
them up
opposed saying that's not for public use!
(1) it must
bonanza forbeLim!
equivalent to value of the property taken.

If theproperty
FYI: governtment wantsfor
was taken a particular
the Lahug property,
Airport ofthe private
Cebu whichowner is
obviously
practically helpless to oppose the same.
If the use changes, government should file another exprop proceeding to
justify the continued dispossesion of the owner

Freeze Rental Law. There were new assessements applicable to all lands
which, Reyes realized, would meant that he would be paying taxes higher
HMOs were assessed
than income he woulddeficiency DSTs
be receiving from
from hiscontracts
propertywith their members,
given that HMOs were non life agreements. Note: not clear whether non-
QC tried to tax properties of Bayantel. Bayantel said properties used
according our franchise are not subject to tax. SC agreed with Bayantel.
MCIAA claimed it was tax exempt. SC said No, you are not. Properties from
BUT NEW
national RULE C/O SC!
government MIAA
in your is a government
name instrumentality
are now subject to tax . As such, it
is NOT subject to tax, unlike a GOCC, even if the properties are under name
of MIAA.
MIAA caseMIAA
had is
thejust holding
effect them in trust
of abandoning forMCIAA
prior the national
case governemnt
But at times, they work together to achieve a common purpose
regulation of motels
trying to come up with rules as to how people can go to these motels
increase license fess higher than what's needed for regulation
 original version of Senior Citizens Law
allowing the 20% discount on meds was a taking of the property
(revenue) of the drug store

redistribution
must be compensated

GR: State cannot be sued without its consent

most of the time, suits against the government are against its agencies,
GOCCs
Official Capacity v Personal Capacity

If incorporated, separate and distinct personality - state immunity not

applicable
if unincorporated, are they performing governmental or proprietary
functions?

Express - provided for in the law itself

Meritt Case - government enacted a law allowing Meritt to sue the
government
properrty of Ramos to be used for airport in Baguio. There was an agreement between ATO and Ramos for pay
Immunity.
immunity. SCDigitel
saidentered
no stateinto a Compromise
immunity because Agreement of Spouses
the maintenance of thevia contract
airport of entire
is not Lease.governmental.
SC: State immunity
invoked. If gov't takes property, it is under obligation to pay JC. Private property owner cannot just be deprived

Suability
If State immunity cannot be invoked, meaning there is no basis for its
consent (express or implied), the consent refers to the State allowing itself
to be sued;it meaning
However, does not amean
case that
can be filed against
it admits it
liability
The government allowed itself to be sued but in the end, government was not liable. Meritt was bumped by an
government hospital. While driver was responsible, driver was not considered a special agent (Art. 2180 CC)

Only until trial proper - up to judgment

for payment
court to come up with that amount. It was even more than the prayer of
the complainant. Even if a party is in default, it does not give court

National Government
You cannot compel congress to appropriate money to satisfy money
judgment
can be madein your favor
to pay as it has a separate personality. UP's funds are trust
funds so they cannot just be Roxas
area covered. NHA required executed upon.
to pay forCOA has to area
the bigger passfor
upon the
a higher
price. Roxas said no, its your fault area increased after resurvey. I am only

ADB exec sued by secretary for oral defamation. Young invoked diplomatic
immunity.

Tubbataha Reef Incident

Petitioner applies for a Writ of Kalikasan against the ship that ran aground
in the reef
owers; Checks and Balances and Non-delegation of powers
an inherent feature of a democratic society
it ensure ability of govt to function without making the lives of citizens
if every oppressive
unduly power of the orgovernment
difficult is concentrated in one person or office
only, it is likely that that power will be abused; that is not good for the
there
peoplemay be times when there is a need for a blending of powers wherein
the branches have to work together to attain a common goal
Was the act of the President executive or legislative?
Was the act of the President executive or legislative?
Under the 1935 and 1973 Consti - reserved to Congress; Under the 1987
procedural or substantive?
Consti - deleted
RA 8974 expropriation - pay actual value
court employee was dismissed for drug use; his defense was that under
the Dangerous Drugs Act, the law punishes the pushers and traffickers but
Sharia clerk of
rehabilitates court
the is and
users also as
thesuch,
circuit
he registrar
should not of have
Muslimbeenmarriages.
dismissed
created
Evidently tothere
insureisthe speedy disposition
an overlap of cases
between judicial andofexecutive
detainees. It is evident
functions.
that such Provincial/City Committees on Justice perform administrative
functions. Manzano
Check on other wroteaffairs
branches' a lettertotomaintain
the SC tobalance
allow him to join such
Commission on Appointments; pass laws that limit President's power
Jurisdiction is conferred by law for lower courts; creation of lower courts
Veto Power on the passing of laws and budget
JBC
power of judicial review
power of judicial review
truly political questions
remain
What isto a be in the question?
political exclusive domain of the executive
One addressed department
to the wisdom and policy
of the Executive
justiciable questions were handled by the Judiciary exclusively. The
judiciary refrained from reviewing political questions.
Suspension of Privilege of the Writ of Habeas Corpus - what judiciary can do is, not check if the President exer
Under the standards
if the President set for
exercised the in the Consti
it arbitrarily. in suspension
President in this caseofdid
WHC notoract
declaration
arbitrarily.ofHis
ML, SC is duty was
suspension bound to d
based
suspension or declaration. In this case, there was sufficient factual basis. The standard is sufficiency of factual
Re: impeachment
relate to the general of CJ Davide. jurisdiction
certiorari While powerofofthe impeachment
SC - it was a is lodged in the
proceeding House of Representatives, given t
sui generis
procedure,
COMELEC - provides authority and manner by which elections are held; preventsthe
then the Court can look into the issue. Court can determine whether House abided
intrusions by the const
of polititicians an
A power has been given to an office on the basis that it is entrusted
COA - checks expenditures against what is regular and according to the budget to that
office whose judgment, wisdome and patriotism is taken into account for
the
GR: purpose of allowing
Legislative him to exercise
cannot delegate such power
its legislative making powers
E: (1) emergency powers granted to president
Problem is getting back the power! Getting back the power should not be
David
as hardv as
GMA: President
giving cannot
the power simply
(which onlyexercise
requires with emergency powers
a law).
like seizure or temporary management of outlets of mass media without a
delegation
E: (2) tarifffrom
powers Congress.
can be delegated to President
E: (3) delegation to administrative agencies
E: (4) delegation to LGUs

The Regional Assembly of ARMM was given authority to create LGUs. Can
the Regional assembly also create Provinces?

Delegation to people at large? Is it still a valid delegation?

Completeness Test
 Sufficient Standard Test
Pres has no authority to create municipalityies, even by EO. EO was declared
null
Thereand void
was a municipality created by EO. Because of the passage of time,
subseuently
the problem declared void in Pelaez.
with its creation The muni,
had somehow beenafter the San Narciso case
cured.
was decided, also wanted to be granted its existence.
period, that is a delegation of power to the one imposing the penalty.
Congress is supposed to provide the range of imprisonment so that the
President cannot possibly do everything. He has to delegate more of his
powers.
(1) Power of appointment
(2) Power to pardon

ege
EO 464 - Blanket Prohibition against executive officials from attending and
participating in Senate Hearings in aid of legislation
Senate went to SC to have court decide on validity of EO 464

EO was predicated on separation of powers of President and Congress in

the
rule,context
when itofcomes
a working government
to inquiries in aid of legislation, there is a need for
whoever is invited to appear and testify. It doesn't matter whether they
What about executive privilege invoked by President and her department?
What about the others of the Executive Department who want to invoke a
similar
Neri was privilege?
NEDA Director General when the government was negotiating the NBN ZTE deal, which was tainted w
called to Congress. He invoked executive privilege when asked 3 questions re: GMA - did she follow up on the d
SC: The
deal; didparticular facts
she tell Neri toand circumstances
approve of the
the deal; Neri present
said case, stripped
if he answered, of the
it would politically
impair and emotionally
the diplomatic char
relations w
need
viewed forininformation
the light of in relation
settled to its legislative
constitutional functions.
and legal This plainly
doctrines, leads uslead
to consider once again
to the conclusion justthe
that how critic
claim of
discharge of respondent Committees’ functions. The burden to show this is on the respondent Committees, sin
e sphere of competence of the President in order to gather information which, according to said respondents, w
Pre-decisional documents and deliberations of the judiciary are
privileged.
It provides the atmosphere wherein members of the Court can freely
discuss ideas and opinions, without being exposed to the public.

Pp v Veneracion - judge did not want to impose death penalty because of

religious beliefs. SC: You must abide by the law, regardless of your
religious
Renunciationbeliefs.
of War
PH does not engage armed conflict (wars of aggression) to carry out its
policies
If it is forced to defend itself, PH is allowed to preserve its existence and
take up arms

Gudani v Senga G.R. No. 170165 -

Symbiotic Relationship: Government serves the people. In turn, people
Parreo v COA G.R.
may be required to No. 162224
render - veteran
service for the whose pension benefits were cut off
government.
when he became a naturalized US citizen - because he could no longer be called
Islamic
to serve D'awah v Exec Sec G.R.
in case circumstances it - determing what food is halal is
No. 153888
demanded
a religous exercise
Velarde v SJS G.R. No. 159357 - propriety of sponsorship or endorsement
of religious groups by political candidates
Austria v NLRC G.R. No. 124382 - 7th day adventist
That the holding
Paramount of masses in
considerations at relations
the basement
with of the states:
other QC Hall(1)
of Justice
nationalmay offend non-Catholics
sovereignty is integrity
(2) territorial no reason(3)
to np
determination
We cannot just blindly follow other countries.

but nuclear
Gov't power
of HKSAR may be
v Olalia used whenproceedings
- extradition necessary... similar to criminal
proceedings; as such, rights of accused should be applied to potential
extraditee
Imbong v Ochoa: No abortion!
Garcia v Drilon: Law on VAWC - there are protections granted by the law to
women which are not granted to men
Writ of Kalikasan
Writ of Continuing Mandamus
Oposa v Factoran: intergenerational responsibility
BPI v BPI Employee Union - FEBTC
related with independent foreign policy
Provide incentives!
Philhealth Care Providers case - imposition of DST on HMO agreements
Cruz vs DENR Sec
North Cotabato Bangsamoro Case
DOTC v Abesina
Defintion of political dynasty is left to Congress. No law as of today

Relate to Bill of Rights - Right to Information

Passing laws

Canvassing votes of Pres and VP

Declaration of existence of war
Concurrence in treaties (Senate)
Concurrence in amnesties
Confirmation of presidential appointees (Confirmation on Appointments)
In charge of impeachment proceedings
Constituent power to propose revisions and amendements to consti
Informing function
source of the power: people as the sovereign

Because if both, senator's vote (approving or disapproving) may be

rendered useless

to give people time to consider the proposal days

to make sure that issues is still relevant

archipelago
removed from the islands (more than max. length of baseline which is
100 miles).
adoption ofThey are considered
UNCLOS III, which as Regime ofthe
determines Islands whichclaims
maritime generate
of the
their
state.own maritime zones. They are still part of the PH territory but
Not as relevant anymore; line has been blurred throughout the years;
what was ministrant in the past may now be constituent because of
necessity to ensure general welfare of the people
powers, it is because Congress has delegated it unto them

Reason behind discount: decreased earning power, increased expenses

for health needs so the community/nation helps them out

In determing validity of PP, just use standard of reasonableness

(Solution doesn't have to be the best, most efficient; no need for studies
required before police power measures can be enacted)
this also generates revenue from government because aside from
regulating,
What MMDA government
can do is tocan also impose
implement lawstaxes
and ordinances enacted by the
component cities

note there is also taking under Police Power (Diff is ED is

SC: PP taking involves
compensated, noxious elements; ED taking involves something
PP is not)
useful to the people and as such, needs to be compensated. SC ruled in
favor of cemetery owners.

public interest, public welfare, public convenience. While only a few can
play golf, such
If payment a sportsitcomplex
is delayed, could
is similar generate tourism,
to a forbearance job for which
of money,
years)
interest must be paid.
(3) If the purpose is abandoned or if the public use is now different
If notthat
from made within
which period,
was owner
originally has right
intended, to demand
owner shouldreturn of the
be given
chance to repurchase his property.

SC: Yes, Reyes, you are right. Tax would be confiscatory. Lands covered
by Freeze
If they wereRental
madeLaw andthe
to pay Lands not covered
deficient cannot
DSTs, they be assessed
would the
have to pay
same way. For those covered, adopt income approach.
more than their net worth. Besides, HMOs help the government provide
quality health care to citizens
Congress can still provide limits to LGU taxing power.

What's the diff between the airports? One was characterized as a GOCC,
one an instrumentality.
now explicit abandonment
 but the 20% taken was compensated for by the tax credit that the drug
store could use

Reason: there would be no authority as against that from which the

authority
Reason: if emanates
you allow suits against government, it may detract from its
main purpose to serve the people

UNLESS they abused their official capacity/authority - in such a case,

if personal capacity, state immunity not applicable

if governmental, state immunity applies

if proprietary, state immunity n/a
Implied - like entering into a contract with a private party or filing
a
Incase
suchagainst a private
cases, gov't partyto have gone down to the level of a private
is deemed
individual
US v Ruiz - governmental vs proprietary (if more commercial, it's
an agreement proprietary and state
between ATO immunity
and Ramos n/a)
for payment. Eventually, ATO claimed state
uses
of thevia contract
airport of entire
is not Lease.governmental.
SC: State immunity defense cannot be successfully
Private property owner cannot just be deprived of its property.

Liability
Complainant still has to prove that the State is liable and court has to
determine so
ment was not liable. Meritt was bumped by an ambulance owned by the
not considered a special agent (Art. 2180 CC)

Local Government
You can compel sanggunian to appropriate money subject of judgment
through a petition for mandamus
Wrt specific performance, as to the acceptance of price per sqm agreed
upon in the contract, since this was in the regular course of business of

SC: It's a commission of a crime, not part of his official functions and as covered by
such,
Betteritopinion:
is not covered
Puno -by diplomatic
Internal immunity
orgs are covered by functional diplomatic
conventional immunity, not diplomatic immunity
could avail of sovereign immunity because it is within their official
functions; US needs to give its consent before PH court can look into the
 as such, power should be allocated into different branches of the
government for checks
if they are absolutely and balances
separated, each one not allowed to look into the
powers of the other, government
SC: Violation of separation of powers. functions may come
It partook to a making
of policy standstill
and it
gathering of data
did not build which
on an is not
existing lawroutinely or traditionally
but instead made a newrequired
one would
need a SEPARATE
Echegaray legislation
case: these matters(like
are in
nowthewithin
Ople Case). In this
exclusive case, the
authority of the
different offices already requiring different IDs already
JUDICIARY; When it comes to rules of procedure, Congress can have their
no
government infrastructure
longer interefere with rulesprojects, as well as the manner of payment
of procedure
thereof.
subject to the substantive and constitutional limitations that set parameters
both in the exercise
"administrative of the power
supervision itself
over alland the allowable
courts subjects ofthereof."
and the personnel
legislation. As such, it cannot limit the Court’s power
However, a careful consideration of the complaint reveals to impose
that Abdullah
VIII, Constitution).
is being held to account for acts committed in the course of his
Considering that membership of Judge Manzano in the Ilocos Norte

not
Whattrue political questions
is justiciable? There is a controversy and rights have to be
determined

NOW: Political questions can be looked into by the courts if there is

GADALEJ
iciary can do is, not check if the President exercised the power correctly, but rather
HC
not act arbitrarily.ofHis
or declaration ML, SC is duty was
suspension bound to determine
based thedata.
on gathered factual basis for the
ual basis. The standard is sufficiency of factual basis. What was involved did not
odged in the
oceeding House of Representatives, given that the Consti provides the
sui generis
ermine
re held; preventsthe
whether House abided
intrusions by the consti
of polititicians and guidelines
candidatesor not.
g to the budget
As such, the power should not be entrusted in any other office.
that government can function efficiently. Congress may not be able to
convene during this time and if they are able to, it might take too long to
Congress
decide oncan now (difference
matters withdraw the grant via resolution.
of opinions). It may alsoIfbe
Congress
dangerous can for
Ampatuan v Puno:
already convene, noWhat
goodPresident
reason fordeclared
Presidentwas
toahold
stateonoftoemergency,
the power.
not national emergency. As such, no need to secure delegation of power
because of the changes in business and trade, President can respond
of Congress
because agencies have more technical knowledge; agencies may be
more quickly
granted power to issue quasi legislative rules, guided by the law [the
because
agenciesLGUs
providehave
themore information
details; as topower]
rule making what their constituents need
[all inherent powers]
congress. It cannot be delegated even to an autonomous region. It is not
expressly
If ARMM isprovided
allowed for in the provinces/cities,
to create Consti but by implication, there
they are in is acreating
effect
provision
legislative prohibiting
districts creation
that number of cities and
will needoftoseats. provinces
be represented to LGUs
in office,
congress. - how did
Congress has a definite As a national it cannot
be added to except by law passed by Congres/ConCon - local legislation
is notthrough
Only allowed.referendum.
themselves power to make laws through initiative and referendum. This
was
Law not
setsgranted to Congress.
forth policy Congress
to be executed, approval
carried in that
out or sense is not
implemented by the
delegate, such that there is nothing left for delegate to do but enofrce
 law defines the legislative policy, marks its limits, mapos out boundaries
and specifies which public agency to apply it. It also indicates under
what circumstances the law should be effected.
SC: Even if created by EO, its existence had never been questioned.
Several developments
SC: No, this muni was one haveofcome
thoseabout
whose - new consti,
creation wasLGC. It can no
specifically
longer
declared be undone.
null andwould
void innotPelaez.
Otherwise, court have Itparameters
was already todeclared
impose. 10nondays?
exsitent.
6
years? 4 years? Court would in effect exercise rule making power, which
it does not have authority to do.
of the President. As such, they can act for and on behalf of the President.
When they do, it is presumed that whatever they do is the act of the
President.
Binamira vThat remains to be the case unless Pres disapproves the
Garocho
through Exec Secretary, may grant admin pardon to a governor [Cruz
performed
separate: it's bymore
him or by his duly
a question designated
of power representative.
of control, not exactly Judge
power to
Purisima
vacancy in the OP? There was no scheduled regular election because of
complied with that order. SC: Respondent court's invocation
General
pres term Order
thenNo.was3indefinite
of September 21, 1972
[Marcos]. is nothing
Vacancy short of an on
was conditioned
Ilaw
holdingng Buklod
the snapv election
Director itself.
of Labor Relations:
SC noticed If the
that youpeople
are givenwereauthority
already
to decide an issue, you must not defer that authority.
conducted by judges. Judge here delegated to stenographer power to
filed
conductan admin
searchingcaseinquiry.
againstNothim.allowed
Judge's said
reasonSC. was
Thatthat
is a he wanted
persona to
duty
expedite procedures in his court - he came up with a checklist of items
to look for in an info to determine whether or not an arrest warrant
secure the consent of the President prior to appearing before either
SC:
HousePartially constitutional
of Congress. When the insofar as 'question
security hour'
of the State - president
or the has the
public interest
complete say on whether or not her cabinet officials may appear in the
question hour; not an essential
Partially unconstitutional insofarfunction of Congress
as 'in aid of legislation'
President is in charge of Executive; Congress is in charge of Legislative
If it cannot conduct inquiries, it may not be able to perform its
the privilege
legislative [president cannot be invited by Congress for that matter].
function.
However, it may
the Executive Secretary extend tobysome
ordersubordinates, depending on the kind of
of the President.
relationship they have and they kind of communication sought to be
test is that
It must an advisor
involve mattersmust be in "operational
concerning diplomaticproximity"
negotiations with
or the
other
otiating thePresident.
NBN ZTE deal, which was tainted with anomalies. As such, Neri was
questions re: GMA - did she follow up on the deal; did she tell Neri to expedite the
tripped of the
ed, it would politically
impair and emotionally
the diplomatic relationscharged rhetoric from both sides and
with China
leads uslead
plainly to consider once again
to the conclusion justthe
that how critical
claim is the subject
of executive information
privilege in the
must be upheld.
how this is on the respondent Committees, since they seek to intrude into the
ation which, according to said respondents, would "aid" them in crafting
Public is only entitled to final output.
Public does not always understand the context.

Doctine of Incorporation
a generally accpted principle of IL is already part of the law of the land
Others
Pharma- vincorporated by adoption
Health Secretary G.R. No. into or by- EO
173034 Treaty
51 - Mother's milk is
best for baby. DOH issued IRR absolutely banning ads for breast milk
DOH exceeded its authority. The treaty on which the EO was based did
substitutes
not ban ads on breast milk subs [hard law soft law
tice
ionalmay offend non-Catholics
sovereignty is integrity
(2) territorial no reason(3)
to national
proscribe it. Our (4)
interest Constitution ensures
right to self
We need to chart our own destiny!

Limit: cannot pass irrepealable laws

City of Davao v RTC - expansive meaning of irrepealable law: