Pardoning power
Is the pardoning power absolute?
Distinction of Pardon from Amnesty
Constitutational limitations of pardoning power
Executive clemency
Pardon does not result to automatic reinstatement
No grave abuse of discretion – judicial power may
exercise in case of transcendal importance.
Requisits For Valid Judicial Inquiry: (4)
o Strict Inquiry - compelling state interest. Applies
to all freedom of the right and political rights
o Intermediate or Hightened Scrutiny
o Rationale based standard
Justiciable Controversy
Judicial Power
Security of tenure arises only in the context of invalid
removal and it is invalid it is invalid if the removal is
without just cause or due process.
Fiscal Autonomy of SC
Constitutional Commissions
 Stagerring terms or rotational scheme.
 Vacancies – accidental or absolute.
 Promotional Appointment would only be
allowed if the vacancy is by accident in
Chairmanship.
Civil Service Eligibility
 Civil Service Eligibility Exam
 Primarily Confidential Employees
 Highly Technical Employees
 Career and Non-Career Officers
 CSC has the power to process the
appointment.
 CSC cannot alter the character of appointment
made by the appointing authority
DisciplinaryActions Against Officers/Employees
1. Preliminary invesstigation/Fact finding –
mandatory and jurisdiction before formal
investigation
2. Formal Investigation
a) Notice of Charge
b) Preventive Suspension- notice there is
no need for prior or hearing; exception
to procedural due process; it is not
punitive but only preventive measures.
o In Preventive Suspension cannot be
MR, but can be subject of appeal within
15 days to the CSC.
o Grounds of appeal:
1 The PS is void on its face. (The PS
order imposed without
accompanying notice of charge or
formal charge)
2 The PS is issued by one not
authorized.
3 If the PS on the basis of non of the
grounds allowed by the issuance
4 If it is for a period in excess of the
period allowed for PS, the SC can
annul the PS up to the extent of
excessive period
c) Formal Charge
Q: Can there be entitlement of backwages if the CSC
on appeal nullifies PS on the grounds mentioned
above ? Yes. If the PS already served already, then
entitled of backwages.
Q: Can there be entitlement of backwages if the CSC
on appeal nullifies PS other the grounds mentioned
above ? Yes, but it would have to await of the final
adjudication of the case.
Period of Preventive Suspension:
CSS – 90 days or 3 months
LGC – 60 days
Ombudsman – 6 months
Anti-Graft and Corrupt Practices ACT
(Suspension Pendente Lite) – 90 days or 3
months
 There is no entitlement of backwages if the
suspended is found guilty.
 If the Penalty is 1 month it is final and executory.
 2 Preventive suspension in relation to
backwages.
Preventive Suspension pending
investigation or during the 90 day period –
there is no entitlement of backwages.
Preventive Suspension Pending Appeal -
there is no entitlement of backwages.
Requisites
a. There must be exoneration
b. That the Preventive suspension
shall be unjustified.
 independence as ombudsman, unlike a special
Entitled for full backwages. prosecutor.
Manager Employee of COA/COMELEC on the
issue of its suspension or dismissal may appeal Removal is only a consquence of impeachment, to be
to the CSC. impeached is to be accused
Political Partisan activIties in relation to freedom
Impeachment complaint proceedings
of expression: Civil Service Servants cannot go
to strike. When is impeachment proceeding deemed initiated?
Civil Service Servants can engage in concerted Upon the filing of complaint and referral to the proper
activities by way of expression of their committee.
grievances but If the concerted activities will
result to disruption of work in the Civil Service The sc can exercise power of judicial over impeachment
they can be punished. cases.
1 year prohibition – if a candidate loss in an
election it is prohibited to be appointed from any Impeachment is not a judicial proceeding but a political
government position including GOCC. one.
Double compensation is prohibited – excepts in
Sandiganbayan
pension, gratuities and retirement benefits.
Ombudsman
COMELEC
***EX POST FACTO LAW (TREASON)
 POWERS AND FUNCTIONS
o Acceptance of COC is ministerial function. BILL OF RIGHTS
o When the HRET annuls election it performs
quasi-judicial. REQUISITSE FOR A VALID LAW
o When the COMELEC declares failure of
election it is administrative. MORE OF MEMORIZATION OF REQUISITES
o Power to enforce election laws.
FUNDAMENTAL POWERS OF THE STATE
o In Pre-proclamation case the basic issue is
the validty of the canvassing. CONCEPT OF TAKING
o Grounds of Pre-proclamation case
REVERSE EMINENT DOMAIN
COA
WHAT CONSTITUTES TAKING?
Article 11 – Public Office is a Public Trust
Fernando v. St. Scholastica in Marikina
Adminstrative aspect do not prescribe – there is a
requirement of continuoing liability 2 phase of Expropriation Proceeding

5 grounds for dismissal administrative cases before a. Condemnation Proceeding

Ombusdman b. Just Compensation??

Condonation doctrine is already abandoned – after Fair Market Value

Carpio Morales Case (November 2015)
Zonal valuation
Impeachable Officers (EXCLUSIVE LIST)
Just Compensation is under exclusive and original
Accountability Principle jurisdiction of the RTC.

Grounds for Impeachment Preliminary determination of the value of just

compensation
DOCTRINE OF STRENUOUS RESPONSIBILITY
The value of just compensation is determined at the time
DOCTRINE OF STATE RESPONSIBILITY of the taking
A law authorizing the president to discipline a deputy
ombusdman because the latter has the same level of
If there is a inordinate delay on the payment of just
compensation? Do you apply provisions in CIVIL
CODE? No, expropriaton is not a contract.
Consequential benefits
Consequential damages
Capital gains tax or any real property taxes payment is
burdened upon the owner as a taxpayer.
When does expropriation ends?
Bill of Rights in the context against governmental actions
except in case of on the rights of privacy where an action
is against the individual.
Judicial due process
Permissible areas of search - 20 meters away is not a
permissible area to be consider.
Permissible areas of search in case of warrantless
search includes those areas immediately within the
reach of the accused.
Warrantless arrest
In flagrante delicto in cases of buy-bust operation.
Surveillance is not necessary in buy bust operation but
tip information may be a ground as probable cause for
warrantless arrest.
Tips information invoked as probable cause:
1. In case of buy –bust
2. In drugs in transit.

Ang Tibay case only applies on quasi-judicial
proceeding not on executive function such as preliminary
investigation by the Prosecutor.
Nuisance Per se
Nuisance Per accidens
MMDA has no police power and declare a thing
nuisance per se and summarily abated it.
3 kinds of Privacy
a. Situational and Rotation privacy
b. Informational Privacy (Disini case)
c. Decisional Privacy?
Murder done in connection of Rebellion which is a
continuing offense – the warrantless arrest is valid.
**PEEKED (invalid) in case of buy-bust it must
conducted a surveillance
A traffic violation does not warrant arrest then search on
invalid warrantless of arrest is not proper.
A traffic violation which result to a death warrant an
arrest then search therefrom is proper.
Things to be seized in warrantless arrest (2)
1. Deadly weapons
2. Those immediately within the reach the
accused.

Reasonable expectation of privacy – reduced

expectation of privacy.
Probable cause
Exceptions to search warrant
o Areas where Probable cause covered by it.
Consented search
Motion for Determination of Probable Cause – is not Plainview Doctrine
proper, the judge will personally evaluate the resolution
for the determination of the issuance of warrant of arrest **Stop & Frisk –element of danger to the police
or commitment order. officer – outer clothing only.
Customs Search
Search warrant Moving vehicle

One offense – one information ** Plain View (3 elements)

Plain view principle cannot be invoked after the search
o Complex crime
of warrant has been enforce.
o Multiple counts

General warrant and scatter shot warrant is IN FLAGRANTE DELICTO

prohibited HOT PURSUIT
Validity of the arrest and search must be raised at the 1. In an equality based approach, politically
earliest possible of opportunity disadvanteged should be preferred than State
regulation but State regulation which promotes
ESTOPPEL politically disadvanteged speech is preferred.
2. Market place of ideas
A person can assail the admissibility of the evidence
even if there is a waiver to assail the issue on the validity
of warrantless of arrest.

** WHAT ARE THE ZONES OF PRIVACY?

Reasonable expectation of privacy

Limitations on the right to privacy

Reasonable and allowable intrusion to right of

privacy

Public and Private employees random uric/ DRUG

TESTING – the employer or corporation has the right to
maintian reasonable standard for continued
employment.

Public and Private students random uric/ DRUG

TESTING – the school has the right to maintian
reasonable standard for continued employment.

Person accused of crime for year or more penalty -

there is nothing random, violation of right of privacy and
self-incrimation.

Person arrested for violation against the crime of DRUG

related may be undergone drug testing but not on
violation of another crime.

Search on the property you own is proper.

Freedom of the Press

Freedom of Prior Restraint

Freedom to Subsequent Punishment
**Clear and Present Danger Rule

Freedom of Expression

3 levels of Strict Scrutiny would be applied only to equal

protection clause and in substantive due process
challenge

Content based regulation – suppresses specific speech

Content based neutral

2 paradigms of Free Speech