1. The State may be sued, with its consent, either
The VP may validly sit in the Cabinet even if he
expressly or impliedly. Only Congress can give
a written waiver of immunity from suit in the
form of a law. If a government agency
undertakes a proprietary function, it waives its
immunity from suit.
2. Public officials may be sued if they acted
oppressively or illegally in the performance of
their duties. A suit against a public officer who
acted illegally is not a suit against the State.
3. A GOCC may be sued A suit against it is not a
suit against the State, because it has a separate
juridical personality.
4. The only instances in which the President may
not extend pardon remain to be in: (1)
Impeachment cases; (2) cases that have not
yet resulted in a final conviction; (3) cases
involving violations of election laws, coming
from the COMELEC. Any act of Congress by any
way of statute cannot operate to delimit the
pardoning power of the President.
5. The differences of pardon and amnesty are: (1)
Pardon can be given only after final conviction;
amnesty can be given even before the filing of
a criminal case; (2) Pardon is given to
individuals; amnesty is given to a class of
persons; (3) Pardon looks forward; amnesty
looks backward, as if the accused never
committed a crime; (4) Pardon is given for all
criminal offenses; amnesty is given for political
offenses; (5) Pardon does not require the
concurrence of Congress; amnesty requires the
concurrence of the majority of Congress; (6)
Pardon must be proven, because it is a private
act; amnesty need not be proven because it is
a public act.
6. The Complete test means that the law sets
forth the policy to be executed out or
implemented by the delegate. The Sufficient
Standard Test means the law lays down
adequate guidelines of limitations to map out
the boundaries of the authority of the delegate
and prevent the delegate from miming riot.
The standard must specify the limits of the
authority of the delegate, announce the
legislative policy and identify the condition
under which it is to be implemented.
7.
was not confirmed by the Commission on
Appointments.
8. The President may not transfer savings to the
COMELEC as aid. The constitutional prohibition
against the transfer of appropriations to other
branches of the government of Constitutional
Commission applies for whatever reason.
9. Congress cannot exempt the foreign grants
from the jurisdiction of the COA. Its jurisdiction
extends to all government owned or controlled
corporations, including those funded by
donations through the Government.
10. The doctrine of command responsibility can be
invoked to determine the author who is
accountable for, and has the duty to address
the disappearance and harassment complained
of to enable the courts to devise remedial
measures that may be appropriate under the
premises to protect their rights covered by the
writ of amparo. To hold someone liable under
the doctrine of command responsibility, the
following elements must be obtained: (1) The
existence of a superior-subordinate
relationship between the accused as superior
and the perpetrator of the crime as his
subordinate; (2) the superior knew or had
reason to know that the crime was about to be
or had been committed, and; (3) the superior
failed to take the necessary and reasonable
measures to prevent the criminal acts or
punish the perpetrators thereof.
11. The president, being the commander-in-chief
of all armed forces necessarily possesses
control over the military that qualifies him as a
superior within the purview of the command
responsibility doctrine. The incumbent
President is immune from suit during his
incumbency. The immunity, however, exists
only during the incumbency of the President.
One his/her term ahs ended, he/she may be
held accountable under the doctrine.
12. A complaint for disbarment cannot be filed
against the Ombudsman during her
incumbency. The Constitution imposes
membership of the Philippine Bar as a
qualification to be an Ombudsman. The
 Ombudsman is removable only by
impeachment.
13. The term “capital” mentioned in Section 11,
Article XII of the Constitution refers to the total
outstanding capital stock of public utilities. The
requirement that at least sixty percent of the
capital must be owned by Filipino citizens
applies separately to each class of shares,
whether common, preferred, non-voting,
preferred voting, or any class of shares. Mere
legal title is not enough. Full beneficial
ownership of sixty percent of the outstanding
capital is required.
14. Pursuant to the obligation of the State under
Section 16, Article II of the Constitution to
protect and advance the right of people to a
balanced and healthful ecology in accord with
the rhythm and harmony of nature, minors
have standing to sue based on the concept of
intergenerational responsibility.
15. With respect to element of public use, the
expropriator should commit to the use the
property for the purpose stated in the
petitions, if not, it is incumbent upon it to
return the property to the owner, if the owner
desires to require it. Otherwise, the judgment
of expropriation will lack the element of public
use.
16. Defining the penalty for a criminal offense
involves the exercise of legislative power.
17. The power of the President to declare a state
of rebellion is based on the power of the
President as chief executive and commander-
in-chief of the AFP. It is not necessary for the
President to declare a state of rebellion before
calling out the AFP to suppress it. The
proclamation only gives notice to the nation
such a state exists and that the AFP. It is not
necessary for the President to declare a state
of rebellion before calling out the AFP to
suppress it. In proclamation of state of national
emergency, the President is already calling out
the AFP to suppress not only rebellion but also
lawless violence.
18. Because of the expanded power of judicial
review of the SC, the facial challenge of the
constitutionality of laws is no longer limited to
laws which violate freedom of speech but
applies to all violations of fundamental rights
under the Bill of Rights.
19. Judicial legislation refers to the encroachment
by the Judiciary upon the function of the
legislature by making law rather than
declaring, construing or enforcing the law.
Meanwhile, the rule-making power or the
power of the SC to promulgate rules under
Section 5, Article VIII granted the SC power to
promulgate rules concerning the protection ad
enforcement of constitutional rights. In the
exercise of this power, the SC promulgated the
Rule on the Writ of Amparo, the Rule on the
Writ of Habeas Data, and the Rule of
Procedure for Environmental cases.
20. The rules promulgated by the SC for the
payment of legal fees was in the exercise of its
rule-making power cannot be modified by a
law granting an exemption from payment.
21. Although Section 1, Article XVII of the
Constitution (Amendments or Revisions) did
not expressly provide that the Senate and
House of Representatives must vote
separately, when the Legislature consists of 2
houses, the determination of one house is to
be submitted to the separate determination of
the other house.
22. Once a law has been declared unconstitutional,
it remains unconstitutional unless
circumstances have so changed as to warrant a
reverse conclusion.
23. The Senate is to be considered as a continuing
body for purposes of its exercise of its power
to punish for contempt. Accordingly, the
continuing validity of its orders punishing for
contempt should not be affected by its sine die
adjournment.
24. The President can make appointments to the
SC two months before a presidential election
until the end of his term but not to the rest of
the Judiciary like the CA. Under Section 4(1),
Article VII of the Constitution, vacancies in the
SC shall be filled within 90 days from the
occurrence of the vacancy. Under Section 9,
Article VIII of the Constitution, vacancies in the
lower courts shall be filled within 90 days from
 submission of the list of nominees. These
appointments are screened by the JBC, and the
process necessarily precludes or prevents the
President from making purely political
appointments to the court, which is sought to
be prevented by the prohibition.
25. The prohibition in Section 13, Article VII of the
Constitution against appointment by the
President of relatives within the fourth degree
of consanguinity or affinity does not include
appointments to the Judiciary.
26. The faithful execution of the laws requires the
President to desist from implementing a law if
by doing so will prejudice public interest.
27. Gerrymandering refers to the practice of
creating or dividing congressional districts in a
manner intended to favour a particular party
or candidate.
28. The SC decision cannot be deemed to have
been promulgating simply because of the
announcement of the voting in a press release,
because the decision has not yet been issued
and filed with the Clerk of Court. Until the
decision is filed with the Clerk of Court, the
Justices still have control over the decision and
they can still change their votes.
29. The Department Head is an alter ego of the
President and must enjoy his confidence even
if the appointment will be merely temporary.
The Senators cannot require the President to
designate an Undersecretary to be temporary
alter ego of the President.
30. Judicial power (Section 1, Article VIII) is the
authority to settle justifiable controversies or
disputes involving rights that are enforceable
and demandable before the courts of justice or
the redress of wrongs for violation of such
rights. It includes the duty of the courts to
settle actual controversies involving rights
which are legally demandable and enforceable,
and to determine whether or not there has
been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any
branch or instrumentality of the government.
31. The statement that a treaty which provides tax
exemption needs no concurrence by a majority
of all the Members is true. It is only a law, not
a treaty, granting tax exemption which
requires the concurrence of a majority of all
the Members of Congress.
32. Presidential communication privilege applies
to decision-making of the President. The
deliberate process privilege applies to
decision-making of officials. Unlike the
deliberative process privilege, the presidential
communication privilege applies to documents
in their entirety and covers final and post-
decisional matters, as well as pre-deliberative
ones. The deliberate process privilege includes
advisory opinions, recommendation and
deliberations comprising part of a process by
which governmental decisions and policies are
formulated.
33. Only the President or the Executive Secretary
by order of the President can invoke executive
privilege.
34. The doctrine of operative facts means that
before a law is declared unconstitutional, its
actual existence must be taken into account
and whatever was done while the law is in
operation should be recognized as valid.
35. The doctrine of necessary implication means
that every statute is understood by implication
to contain all such provisions as may be
necessary to effectuate its objects and
purpose, or to make effective rights, powers,
privileges or jurisdiction which it grants,
including all such collateral and subsidiary
consequences as may be fairly and logically
inferred from its terms.
36. The rotational scheme of appointments in the
COMELEC refers to the scheme in which there
is a regular recurrence of a two-year interval
between the expiration of terms of the
Chairman and the Commissioners. The two
conditions for the workability of the rotational
scheme of appointments are the following: (1)
the terms of the first Chairman and
Commissioners should start on a common
date, irrespective of variation of dates of their
appointments and qualifications; and (2) any
vacancy due to death, resignation or disability
before expiration of the term should be filled
only for the unexpired balance of the term.
 The rotational scheme of appointments applies
also to the JBC, the CSC, and the COA.
37. A pocket veto is when the President is
considered to have rejected the bill submitted
to him for his approval when Congress
adjourns during the period given to the
President to approve or reject the bill. On the
other hand, an item veto, or partial veto, is the
power of the President to nullify or cancel
specific provisions of a bill, usually a budget
appropriations bill, without vetoing the entire
legislative package.
38. An education institution which is 100% foreign-
owned may be established in the Philippines if
it established by religious groups and mission
boards.
39. The law absolutely prohibiting all forms of
gambling is a valid exercise of police power,
because it is an evil that undermines the social,
moral and economic growth of the nation.
40. A person not being subjected to a criminal
penalty cannot invoke their right against self-
incrimination unless a question calling for an
incriminating answer is propounded.
41. The power to invoke executive privilege is
limited to the President.
42. A natural-born Filipino who lost his Filipino
citizenship and subsequently reacquired
Filipino citizenship through repatriation is a
natural-born citizen.
43. Under Section 7, Article XII of the Constitution,
aliens may acquire private lands by hereditary
succession. Under Section 6, Article XII,
natural-born Filipino citizens who lost their
Filipino citizenship may be transferees of
private land.
44. Under Section 18, Article VII of the
Constitution, the President has control of all
executive departments, bureaus and offices.
His power of control extends to agencies with
respect to their administrative functions, even
if they are performing quasi-judicial functions.
45. Dual citizenship arises when, as a result of the
concurrent application of different laws of two
or more states, a person is simultaneously
considered a national by those states and is
involuntary. Dual allegiance refers to the
situation in which a person simultaneously
owes by some positive and voluntary act,
loyalty to two or more states.
46. The mere delay in payment of just
compensation will not entitle the owner of the
expropriated property to recover the land.
Instead, legal interest on the just
compensation should be paid. However, if
payment was not made within 5 years from
the finality of judgment in expropriation case,
the owner can recover the property. To be just,
the compensation must be paid within a
reasonable time.
47. The owner of expropriated property can legally
demand to repurchase the property if the
purpose for the expropriation was abandoned.
48. The elements of a valid petition for a people’s
initiative are the following: (1) at least 12% of
the registered voters, of which every legislative
district must be represented by at least 3% of
the registered voters in it, should directly sign
the entire proposal; (2) the draft of the
proposed amendment must be embodied in
the petition.
49. The SC has supervisory jurisdiction over all
courts and personnel thereof. Exercising
executive clemency over judges disciplined by
the Court is a violation of the separation of
powers. Moreover, executive clemency cannot
be delegated.
50. The CHR cannot order the City Mayor to stop
the implementation of the EO, because it has
no power to issue writs of injunction. The CHR
is purely investigatory body and does not
perform adjudicative function.
51. Calling out power of the President refers to the
power of the President to order the armed
forces, whenever it becomes necessary, to
suppress lawless violence, invasion or
rebellion.
52. A citizen has standing to question the validity
of the Presidential Proclamation placing the PH
under Martial Law.
53. Since the exercise of the power to proclaim
martial law is subject to the condition that
there is invasion or rebellion, and that public
safety requires the proclamation, the SC may
 inquire into the sufficiency of the factual basis
of the proclamation.
54. A law fixing the terms of local officials, other
than baranggay officials, at six years is
unconstitutional, because the Constitution
fixes the terms of local offices at three years.
The Congress may only determine the terms of
barangay officials.
55. The function of the Senate Electoral Tribunal
and House of Representative Electoral Tribunal
is to be the sole judge of all contests relating
the election, returns and qualifications of
Senators and Congressmen respectively.
56. In a parliamentary form of government, the
cabinet, the executive arm, are simultaneously
members of the legislature. The Prime Minister
is the head of the cabinet. The cabinet remains
in power only so long as it enjoys the support
of the legislature. The Prime Minister may be
removed on a vote of “no confidence”. The
Prime Minister can dissolve the legislature and
call for new elections. In Parliamentary form of
government, there is a fusion of executive and
legislative powers.
57. The SC could not interfere with the suspension
of a Congressman for disorderly behaviour,
because the House of Representative is the
judge that constitutes disorderly behaviour.
58. Section 3 Article II means that the AFP should
not serve the interest of the President but of
the people and should not commit abuses
against the people. This provision is specifically
addressed to the AFP and not to the PNP,
because the latter is separate and distinct from
the former.
59. As held in Santiago v. Sandiganbayan, the
suspension contemplated in Section 16(3),
Article VI is a punishment that I s imposed by
the Senate or House of Representative against
an erring member. It is distinct from the
suspension under Section 13 of the Anti-Graft
and Corrupt Practices Act, which is not a
penalty but a preventive measure. Since
Section 13 of the Anti-Graft and Corrupt
Practices does not state that the public officer
must be suspended only in the office where he
is alleged to have committed the acts which he
has been charged, it applies to any office which
he may be holding.
60. A sale of land to an alien can no longer be
annulled if it has been conveyed to a Filipino
citizen.
61. When the Government expropriates private
property without paying compensation, it is
deemed to have waived its immunity from the
suit. Otherwise, the constitutional guaranty
that private property shall not be taken for
public use without payment of just
compensation will be rendered nugatory.
62. In Krivinko v. Register of Deeds, aliens can
lease private agricultural land, because they
are granted temporary rights only and this is
not prohibited by the Constitution.
63. Cronyism is a legal ground for the
impeachment of the President. Under Section
2, Article XI of the Constitution, betrayal of
public trust is one of the grounds for
impeachment. This refers to violation of the
oath of office and includes cronyism which
includes unduly favouring a crony to the
prejudice of public interest.
64. The following are constitutional safeguards to
the exercise of the power of the President to
proclaim martial law: (1) There must be actual
invasion or rebellion; (2) The duration of the
proclamation shall not exceed 60 days; (3)
Within 48 hours, the President shall report his
action to Congress. If Congress is not in
session, it must convene within 48 hours; (4)
Congress may by majority vote of all its
members voting jointly revoke the
proclamation, and the President cannot set
aside the revocation; (5) By the same vote and
in the same manner, upon initiative of the
President, Congress may extend the
proclamation if the invasion or rebellion
continues and public safety requires the
extension; (6) The SC may review the factual
sufficiency of proclamation, and the SC must
decide the case within 30 days from the time it
was filed; and, (7) Martial law does not
automatically suspend the privilege of the writ
of habeas corpus or the operation of the
Constitution. It does not supplant the
 functioning of the civil courts and of Congress.
Military courts have no jurisdiction over
civilians where civil courts are able to function.
65. A former natural-born Filipino citizen, who has
lost their Philippine citizenship by reason of
their acquisition of foreign citizenship of a
foreign country may reacquire their Philippine
citizenship by: (1) taking an oath of allegiance
under RA 9225; (2) naturalization; (3)
repatriation pursuant to RA 8171; (4) direct act
of Congress.
66. Under Section 2, Article XI of the Constitution,
the grounds for impeachment are culpable
violations of the Constitution, treason, bribery,
graft and corruption, other high crimes, and
betrayal of public trust. Culpable violation of
the Constitution means intentional violation of
the Constitution and not violations committed
in good faith. Treason and bribery have the
same meaning as in the Revised Penal Code
Graft and corruption refers to prohibited acts
enumerated in the Anti-Graft and Corrupt
Practices Act. High crimes refer to offenses
that strike at the very life or orderly working of
the government. Betrayal of public trusts
refers to any violation of the oath of office.
67. The COA has the authority to settle all
accounts pertaining to expenditure of public
funds.
68. The Restrictive application of State Immunity is
proper only when the proceedings arise out of
commercial transactions of the foreign
sovereign, its commercial activates or
economic affairs. State differently, a State may
have said to have descended to the level of an
individual and can thus be deemed to have
tacitly given its consent to be sued only when
it enters into business contracts. It does not
apply where the contract relates to the
exercise of its sovereign powers.
69. A decision granting citizenship is not res
judicata and the right of the government to ask
for the cancellation of a certification for
naturalization is not barred by the lapse of
time.
70. The phrase that waiver of immunity by the
State does not mean a concession of liability
means that by consenting to be such, the State
does not necessarily admit it is liable. The
State is merely giving the plaintiff the chance
to prove that the State is liable but the State
retains the right to raise all lawful defences.
71. Under Section 23(2), Article VI, Congress may
grant the President emergency powers subject
to the following conditions: (1) There is war or
other national emergency; (2) The grant of
emergency powers must be for a limited
period; (3) The grant of emergency powers is
subject to such restrictions as Congress may
prescribe; and (4) The emergency powers must
be exercised to carry out a declared national
policy.
72. The privilege of the writ of habeas corpus may
be suspended only when there is an invasion
or rebellion and public safety requires it. The
suspension of the privilege of the writ of
habeas corpus shall apply only t persons
judicially charged with rebellion or offenses
inherent in or directly connected with invasion.
Any person arrested or detained should be
judicially charged within 3 days. Otherwise, he
should be released. Moreover, the right to bail
shall not be impaired even when the privilege
of the writ of habeas corpus is suspended.
73. The President can take active part in the
legislative process to the extent allowed by the
Constitution. He can address Congress at any
time to propose the enactment of certain laws.
He recommends the general appropriations
bill. He can call a special session of Congress at
any time. He can certify to the necessity of the
immediate enactment of a bill to meet a public
calamity or emergency. H e can veto a bill.
74. The constitutional rights of a person under
investigation for the commission of an offense
begins to operate when the investigation
ceases to be a general inquiry upon an
unsolved crime and begins to be aimed upon a
particular suspect who has been taken into
custody and the questions tend to elicit
incriminating statements.
75. The VAWC law does not violate the equal
protection clause. It is based on substantial
distinctions. The unequal power relationship
 between women and men, the greater
likelihood for women than men to be victims
of violence, and the widespread gender bias
and prejudice against women all make for real
differences.
76. Random drug testing of officers and employees
of public and private offices is justifiable. Their
expectation of privacy in office is reduced. The
drug test and results are kept confidential.
Public officials and employees are required by
the Constitution to be accountable at all times
to the people and to serve them with utmost
responsibility and efficiency. The mandatory
testing of all persons charged before the
prosecutor’s office of a criminal offense is
void. They are not randomly picked and are
not beyond suspicious. They do not consent to
the procedure or waive their right to privacy.
77. The right to be informed of the complaint and
to be given the opportunity to raise one’s
defences does not apply to preliminary
investigation. Preliminary investigation is
merely procedural. It may be dispensed with
without violating the right of the accused to
due process.
78. Benevolent neutrality means that with respect
to governmental actions, accommodation of
religion may be permitted to allow individuals
and groups to exercise their religion without
hindrance. What is sought is not a declaration
of unconstitutionality of the law but an
exemption from its application.
79. A facial challenge is one that is launched to
assail the validity of statutes concerning not
only protected speech, but also all other rights
in the First Amendment (US). There include
religious freedom, freedom of the press, and
the right of the people to peaceably assemble,
and to petition the Government for redress of
grievances. After all, fundamental right to
religious freedom, freedom of the press and
peaceful assembly are but component rights of
the right to one’s freedom of expression, as
they are modes which one’s thoughts are
externalized. In this jurisdiction, the scope is
expended to cover statutes not only regulating
free speech, but also those involving religious
freedom and other fundamental right.
80. The void-for-vagueness doctrine is a concept
which means that if a law is incomprehensible
to ordinary people such that they do not really
know what is required or prohibited, then the
law must be struck down.
81. The liberty of abode and the right to travel are
not absolute. The liberty of abode and of
changing it can be imposed within the limits
prescribed by law upon lawful order. The right
to travel may be impaired in the interest of
national security, public safety, or public health
as may be provided by law.
82. A statute is overbroad when the governmental
purpose to control or prevent activities
constitutionality subject to state regulations is
sought t be achieved by means which sweep
unnecessarily broadly and invade the area of
protected freedom. It applies both to free
speech cases and penal statutes. However, a
facial challenge on the ground of overbreadth
can only be made in free speech cases because
of its chilling effect upon protected speech. A
facial challenge on the ground of overbreadth
is not applicable to penal statutes, because in
general they have an in terrorism effect.
83. The two basic prohibitions on freedom of
speech and freedom of the press are prior
restraint and subsequent punishment.
84. The hierarchy of civil liberties means that
freedom of expression and the rights of
peaceful assembly are superior to property
rights.
85. The freedom of exercise of religion entails the
right to believe, which is absolute, and the
right to action on one’s belief which is subject
to regulation. As a rule, the freedom of
exercise of religion can be restricted only if
there is a clear and present danger of a
substantive law which the state has the right
to prevent. The non-establishment clause
implements the principle of separation of
church and state. The state cannot set up a
church, pass laws that aid one religion, and all
religions prefer one religion over another,
force or influence a person to go to or remain
 away from church against his will, or force him
to profess a belief or disbelief in any religion.
86. Evidence in plain view can be seized without
need of a search warrant if the following
elements are present: (1) there was a proper
valid intrusion based on the valid warrantless
arrest in which the police were legally present
pursuant of their duties; (2) the evidence was
inadvertently discovered by the police who
had the right to be where they were; (3) the
evidence must be immediately apparent; ()
Plainview justified seizure of evidence without
further search.
87. Trial by jury is not contemplated or granted
under the Constitution. Jury trial supposes the
division of judicial power into fact finding and
legal decision on facts found. The Constitution
says that judicial power shall be vested in one
Supreme Court and such other courts which
may be created by law.
88. The requirement to apply for a permit to hold
a rally is not a prior restraint on freedom of
speech and assembly because the requirement
merely regulates the exercise of the right as to
the time, place and matter of the rally to the
extent needed to avoid a clear and present
danger of the substantive evil which the State
has the right to prevent. The requirement is no
content-based since the content of the speech
is not relevant to the regulation.
89. Ordering the accused to produce a sample of
his handwriting to be used as evidence that he
is the author of a letter wherein he agreed to
kill the victim will violate his right against self-
incrimination. Writing is not a purely
mechanical act, because it requires the
application of intelligence and attention.
Producing a sample of his handwriting to
identify him as the writer of the letter.
90. The constitutional right against unreasonable
search and seizure is a restraint upon the
government. It does not apply so as to require
exclusion of evidence which came into
possession of the Government through a
search made by a private citizen.
91. Warrantless search may be effected in the
following cases: (1) search incidental to a
lawful arrest; (2) searches of prohibited articles
in Plain View; (3) search of a moving vehicle;
(4) consented search; (5) enforcing of customs
law; (6) stop and frisk; (7) evident and
emergency circumstances; (8) visual search at
checkpoints.
92. Academic freedom of an institution includes
the freedom to determine who may teach,
what may be taught, how it shall be taught,
and who may be admitted to study.
93. The rule of double jeopardy means that when
a person was charged with an offense and the
case was terminated by acquittal or conviction
without his consent, he cannot again be
charged with the same identical offense.
94. A first jeopardy attaches: (1) upon a valid
complaint or information; (2) before a
competent court; (3) after arraignment; (4) a
valid entry of plea; and (5) the dismissal or
termination of the case was without the
express consent of the accused.
95. The doctrine of administrative remedies means
that when an adequate remedy is available
within the Executive Department, a litigant
must first exhaust his remedy before he can
resort to the courts. The purpose of the
doctrine is to enable the administrative
agencies to correct themselves if they have
committed an error.
96. It is only the President who is authorized to
exercise emergency powers and call out the
AFP. Section 465 of the Local Government
Code does not sanction his actions. It refers to
calamities and disasters. Looting is not a
calamity or disaster. The power under Article
465 of the LGC to call upon national law
enforcement agency to suppress lawless
violence is not applicable.
97. Under Section 118 of the LGC, boundary
disputes between and among municipalities in
the same province shall be referred to the
Sangguniang Panlalawigan
98. A De Facto corporation is one so defectively
created as not to be a de jure corporation but
is nevertheless the result of a bona fide
attempt to incorporate under existing
statutory authority, coupled with the exercise
 of corporate powers, and recognized by the 105. If a candidate was proclaimed for three
courts as such on the grounds of public policy consecutive terms but did not serve it in full
in all proceedings except by a direct attack by because of loss in an election protest, he is
the state questioning the corporate existence. not disqualified.
99. A municipal corporation by estoppels is a 106. The rule is that an ineligible candidate who
corporation which is defectively formed as not receives the highest number of votes is a
to be a de facto corporation but is considered wrongful winner. By express legal mandate,
a corporation in relation to someone who he could not even have been a candidate in
deals with it and acquiesced in its exercise of the first place, but by the virtue of the lack of
its corporation functions or entered into a material time or any other intervening
contract with it. circumstances, his ineligibility might not have
100. To be considered a Member of the House of been passed upon prior to election date.
Representatives, there must be a concurrence Consequently, he may have had the
of the following requisites: (1) a valid opportunity to hold himself out the electorate
proclamation; (2) a proper oath; (3) as a legitimate and duly qualified candidate.
assumption of office. Once a winning However, notwithstanding the outcome of
candidate has been proclaimed and taken his the elections, his ineligibility as a candidate
oath and assumed office as a Member of the remains unchanged. Ineligibility does not only
House of Representatives, the jurisdiction of pertain to hold public office. The number of
the COMELEC over the election contest ends, ballots cast in his favour cannot cure the
and the jurisdiction of the HRET begins. defect of failure to qualify with the
101. In computing the three term limit, only the substantive legal requirements of eligibility to
term for which the local official was elected run for public office.
should be considered. The second sentence of
Section 8, Article X of the Constitution states
that the voluntary renunciation shall not be
considered as interruption of the continuity of
the service for the full term for which he was
elected.
102. A mayor who served three consecutive terms
and did not seek a fourth term but ran and
won in the recall election can serve because
the recall election was not an immediate re-
election.
103. If a municipality in which a mayor served
three consecutive terms was converted to a
city, he cannot run as a city mayor in the first
election. For purpose of applying the three
term limit, the office of the municipal mayor
should not be considered as different from
that of city mayor.
104. The temporary inability of an elective official
to exercise his functions due to preventive
suspension is not an interruption of his term,
because it did not involve loss of the title to
the office.