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THE CONSTITUTION

POLITICALLAW accordance with the intent of the


framers.
A.THECONSTITUTION
3. Ut magis valeat quam pereat the
DEFINITION,NATUREANDCONCEPTS Constitution has to be interpreted as a
whole. (Francisco v. HR, G.R. No.
Q:WhatisPoliticalLaw? 160261,Nov.10,2003)

A:Itisthatbranchofpubliclawwhichdealswith Q:Incaseofdoubt,howshouldtheConstitution
the organization and operations of the beconstrued?
governmentalorgansoftheStateanddefinesits
relations with the inhabitants of the territory. A: The provisions should be considered self
(People v. Perfecto, G.R. No. L18463, October 4, executing; mandatory rather than directory; and
1922) prospective rather than retroactive. (Nachura,
ReviewerinPoliticalLaw,2005ed.,p.3)
Q:Whatisthescopeofpoliticallaw?
Q: What is the doctrine of Constitutional
A: Supremacy?
1. Politicallaw
2. Constitutionallaw A: Under this doctrine, if a law or contract
3. Administrativelaw violatesanynormoftheConstitution,thatlaw
4. Lawonmunicipalcorporations or contract, whether promulgated by the
5. Lawonpublicofficers legislative or by the executive branch or entered
6. Electionlaws into by private persons for private purposes, is
7. Publicinternationallaw null and void and without any force and effect.
Thus, since the Constitution is the fundamental,
Q:WhatistheConstitution? paramount and supreme law of the nation, it is
deemed written in every statute and contract.
A: The Constitution is the basic and paramount (Manila Prince Hotel v. GSIS, G.R. No. 122156,
lawtowhichallotherlawsmustconformandto Feb.3,1997)
which all persons, including the highest officials,
mustdefer.(Cruz,ConstitutionalLaw,1998ed.,p. Q:StatethelegaldistinctionsbetweenEDSA1
4) and2.

Q:HowisthePhilippineConstitutionclassified? A:
EDSA1 EDSA2
A: It is classified as written, enacted and rigid. Astopowerinvolvedorexercisedbythepeople
(Art.XVII,1987Constitution) Exerciseofthepeople
poweroffreedomof
Q: When did the Philippine Constitution take Exerciseofthepeople speechandofassembly,
effect? powerofrevolution topetitionthe
governmentforredressof
grievances
A: It took effect on February 2, 1987, which was
the date of the plebiscite. (De Leon v. Esguerra, Effectofexerciseofthepowerinvolved
G.R.No.L78059,Aug.31,1987) Overthrowsthewhole OnlyaffectedtheOffice
government ofthePresident
Q: How should the Philippine Constitution be Judicialreview
interpreted?
Extraconstitutional. Intraconstitutional.

Thelegitimacyofthe Theresignationofthe
A: newgovernmentthat sittingPresidentthatit
1. Verba legis whenever possible, the resultedfromitcannot causedandthesuccession
wordsusedintheConstitutionmustbe bethesubjectof oftheVPasPresidentare
given their ordinary meaning except judicialreview. subjecttojudicialreview.
wheretechnicaltermsareemployed.
Natureofquestioninvolved

2. Ratio legis et anima where there is Presentedapolitical


Involveslegalquestions.
question.
ambiguity, the words of the
Constitution should be interpreted in

1
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VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
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Q: Is the People Power recognized in the AMENDMENTANDREVISION
Constitution?
Q:Distinguishamendmentfromrevision.
A: People power is recognized in the
Constitution: A:
1.ArticleIII,Section4guaranteestherightofthe AMENDMENT REVISION
peoplepeaceabletoassembleandpetitionthe
governmentforredressofgrievances; Isolatedorpiecemeal
Arevamporrewriting
changemerelyby
2.ArticleVI,Section32requiresCongresstopass ofthewhole
adding,deleting,or
alawallowingthepeopletodirectlyproposeor instrumentalteringthe
reducingwithout
reject any act or law or part of it passed by substantialentiretyof
alteringthebasic
congressoralocallegislativebody; theConstitution
principleinvolved
3.ArticleXIII,Section16providesthattherightof
the people and their organizations to
participate in all levels of social, political, and Q: How do you determine whether a proposed
economic decisionmaking shall not be changeisanamendmentorarevision?
abridged and that the State shall, by law,
facilitate the establishment of adequate A:
consultationmechanisms; 1. Quantitative test asks whether the
4. Article XVII, Section 2 provides that subject to proposed change is so extensive in its
the enactment of an implementing law, the provisions as to change directly the
people may directly propose amendments to substantialentiretyoftheConstitution
theConstitutionthroughinitiative. by the deletion or alteration of
numerous existing provisions. One
examinesonlythenumberofprovisions
PARTS affected and does not consider the
degreeofthechange.
Q: What are the three parts of a written
Constitution? 2. Qualitative test whether the change
will accomplish such far reaching
A: changes in the nature of our basic
1. ConstitutionofSovereigntythisrefers governmental plan as to amount to a
to the provisions pointing out the revision. (Lambino v. Comelec, G.R. No.
modesorprocedureinaccordancewith 174153,Oct.25,2006)
which formal changes in the
Constitution may be made (Art. XVII, Q: How may the Constitution be amended or
AmendmentsorRevisions) revised?

2. Constitution of Liberty the series of A:
prescriptions setting forth the 1. Proposal
fundamental civil and political rights of a. ByCongressuponavoteofofall
thecitizensandimposinglimitationson its members acting as Constituent
the power of the government as a Assembly(ConAss)
means of securing the enjoyment of
thoserights(Art.III,BillofRights) Note: While the substance of the
proposals made by each type of
3. Constitution of Government provides ConAss is not subject to judicial
for a structure and system of review, the manner the proposals
are made is subject to judicial
government; refers to the provisions
review.
outlining the organization of the

government, enumerating its powers,
SinceConAssowestheirexistenceto
laying down certain rules relative to its the Constitution, the courts may
administration and defining the determinewhethertheassemblyhas
electorate(Art.VI,LegislativeDept,Art. acted in accordance with the
VII, Exec. Dept, Art. VIII, Judicial Dept, Constitution.
Art.IX,Consti.Commissions)
b. By Constitutional Convention
(ConCon)

2
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
THE CONSTITUTION

Note:CongressmaycallaConCon: thereon, to express their will in a genuine


1. Byavoteof2/3ofall manner. Submission of piecemeal amendments
itsmembers;or is unconstitutional. All amendments must be
2. By a majority vote of submitted for ratification at one plebiscite only.
all its members, submit such The people have to be given a proper frame of
questiontotheelectorate. reference in arriving at their decision. (Tolentino
v.COMELEC,G.R.No.L34150,Oct.16,1971)
If Congress, acting as a ConAss, calls

for a ConCon but does not provide
details for the calling of such
a.R.A.6735
ConCon, Congress by exercising its INITIATIVEANDREFERENDUMLAW
ordinary legislative power may
supply such details. But in so doing, Q:Whatisinitiative?
the Congress (as legislature) should A: It is the power of the people to propose
not transgress the resolution of amendments to the Constitution or to propose
CongressactingasaConAss. andenactlegislation.

Note: The manner of calling a Q: What are the three (3) kinds of initiative
ConCon is subject to judicial review underR.A.6735?
because the Constitution has
providedforvotingrequirements. A:
1. Initiative on the Constitutionrefers to
Note: Choice of which ConAss or ConCon should a petition proposing amendments to
initiate amendments and revisions is left to the
theConstitution
discretionofCongress.Inotherwords,itisapolitical

question.
2. Initiative on statutesrefers to a

petitiontoenactanationallegislation
Congress,asaConAssandtheConConhasnopower
to appropriate money for their expenses. Money
maybespentfromthetreasuryonlypursuanttoan 3. Initiative on local legislationrefers to
appropriationmadebylaw. apetitionproposingtoenactaregional,
provincial, municipal, city, or barangay
c. By Peoples Initiative upon a law, resolution or ordinance (Section 2
petitionofatleast12%ofthetotal [a],R.A.6735)
number of registered voters, of
which every legislative district Note:Section2(b)ofR.A.6735providesfor:
must be represented by 3% ofthe 1. Indirect Initiative exercise of initiative by the
peoplethroughapropositionsenttoCongress
registeredvoterstherein.
orthelocallegislativebodyforaction


Note: The Constitution may be
2. Direct Initiative the people themselves filed
amended not oftener than every 5
the petition with the COMELEC and not with
yearsthroughinitiative.
Congress.


Revisions cannot be done through
Q:WhatistheruleonLocalinitiative?
Initiative.


A:Incaseof:
2. RatificationAmendmentsorrevisions
1. Autonomous regions not less than
totheConstitutionshouldberatifiedby
2,000registeredvoters
themajorityinaplebiscitewhichshould
2. Provinces and Cities not less than
be held not earlier than 60 days nor
1,000registeredvoters
laterthan90daysaftertheapprovalof
3. Municipalities not less than 100
suchamendment.
registeredvoters

4. Barangaysnotlessthan50
Q:WhatistheDoctrineofProperSubmission?

mayfileapetitionwiththeRegionalAssemblyor
A: Plebiscite may be held on the same day as
local legislative body, respectively, proposing the
regular election (Gonzales v. COMELEC, G.R. No.
adoption, enactment, repeal, or amendment, of
L28196, Nov. 9, 1967), provided the people are
any law, ordinance or resolution. (Sec. 13 RA
sufficiently informed of the amendments to be
6735)
voted upon, to conscientiously deliberate

3
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V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
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UST GOLDEN NOTES 2011


Q:WhatarethelimitationsonLocalinitiative? days after their effectivity. (Sec. 10 RA
6735)
A:
1. The power of local initiative shall not be Q: Compare and differentiate the concepts and
exercisedmorethanonceayear; processesofinitiativefromreferendum.
2. Initiative shall extend only to subjects or
matters which are within the legal matters A:
which are within the legal powers of the INITIATIVE REFERENDUM
locallegislativebodiestoenact;and Thepowerofthepeople The power of the
3. If any time before the initiative is held, the toproposeamendments legislation through an
local legislative body shall adopt in toto the totheConstitutionorto election called for the
propositionpresented,theinitiativeshallbe propose and enact purpose. (Sec. 3, R.A.
cancelled. However, those against such legislations through an No.6735[1989])
election called for the
action may if they so desire, apply for
purpose.
initiative.


LOCALINITIATIVE LOCALREFERENDUM
Q: Is the initiative to change the Constitution
The legal process The legal process
applicabletorevision?
whereby the registered whereby the registered

voters of a local voters of the local
A: No. An initiative to change the Constitution government unit may government units may
applies only to an amendment. Revision broadly directly propose, enact, approve, amend or
impliesachangethataltersbasicprincipleinthe oramendanyordinance reject any ordinance
Constitution like altering the principle of (Sec.120) enacted by the
separationofpowersorthesystemofchecksand Sanggunian(Sec.126)
balance. The initiative of the petitioners is a
revisionandnotmerelyanamendment.(Lambino
vs.COMELEC,G.R.No.174153,25October2006) SELFEXECUTINGANDNONSELFEXECUTING

Q:Whatisreferendum? Q:Whatconstitutionalprovisionsareconsidered
SelfExecutingandNonSelfExecuting?
A:Itisthepoweroftheelectoratetoapproveor
reject legislation through an election called for A: The following provisions of the Constitution
thatpurpose. areconsideredasselfexecuting:
1. Provisions in the Bill of Rights on
Q:Whatarethetwo(2)classesofreferendum? arrests, searches and seizures,the
rights of a person under custodial
A: investigation,the rights of an
1. Referendum on Statutes refers to a accused,and the privilege against self
petition to approve or reject a law, or incrimination,
partthereof,passedbyCongress 2. Fundamental rights of life, liberty and
theprotectionofproperty,
2. Referendum on Local Law refers to a 3. Provisions forbidding the taking or
petition to approve or reject a law, damaging of property for public use
resolution or ordinance enacted by withoutjustcompensation.
regionalassembliesandlocallegislative
bodies. XPN: A constitutional provision is not self
executingwhereitmerelyannouncesapolicyand
Notes: The following cannot be subject of an its language empowers the Legislature to
initiativeorreferendum:
prescribethemeansbywhichthepolicyshallbe

carriedintoeffect:
1. Petition embracing more than one
1. Article II on "Declaration of Principles
subject shall be submitted to the
electorate andStatePolicies"
2. ArticleXIIIon"SocialJusticeandHuman
2. Statutes involving emergency measures, Rights,"
the enactment of which is specifically 3. Article XIV on "Education Science and
vested in Congress by the Constitution, Technology, Arts, Culture end
cannotbe subject toreferendumuntil 90 Sports"(Manila Prince Hotel v. GSIS,
G.R.122156,Feb.3,1997)

4
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
GENERAL CONSIDERATIONS

B.GENERALCONSIDERATIONS Q:WhatistheArchipelagicDoctrineandwhere
isitfoundinthe1987PhilippineConstitution?
NATIONALTERRITORY
A:Itisdefinedasallwaters,aroundbetweenand
connecting different islands belonging to the
Q:WhatisTerritory? PhilippineArchipelago,irrespectiveoftheirwidth
ordimension,arenecessaryappurtenancesofits
A: Territory is the fixed portion of the surface of land territory, forming an integral part of the
theEarthinhabitedbythepeopleoftheState.As nationalorinlandwaters,subjecttotheexclusive
an element of a State, it is an area over which a sovereigntyofthePhilippines.
statehaseffectivecontrol.
nd
It is found in the 2 sentenceof Article 1 of the
Q:WhatcomprisesthePhilippineterritory? 1987Constitution.

A: Q: What does the Archipelagic Doctrine
1. The Philippine archipelago that body emphasize?
of water studded with islands which is
delineated in the Treaty of Paris, as A:Itemphasizestheunityofthelandandwaters
amended by the Treaty of Washington by defining an archipelago as group of islands
andtheTreatywithGreatBritain. surrounded by waters or a body of waters
studdedwithislands.
CONSISTSOF INCLUDINGITS
Note: To emphasize unity, an imaginary single
a. TerritorialSea
baseline is drawn around the islands by joining
a.Terrestrial b. Seabed
appropriate points of the outermost islands of the
b.Fluvial c. Subsoil
archipelago with straight lines and all islands and
c.Aerial d. Insularshelves
watersenclosedwithinthebaselineformpartofits
Domains e. Other Submarine
territory.
areas

Q: What are the purposes of the Archipelagic
2. All other territories over which the Doctrine?
Philippines has sovereignty or
jurisdictionincludesanyterritorythat A: The following are the purposes of the
presentlybelongsormightinthefuture ArchipelagicDoctrine:
belongtothePhilippinesthroughanyof
the accepted international modes of 1. TerritorialIntegrity
acquiringterritory. 2. NationalSecurity
3. Economicreasons
Q: What are the components of our National
Territory? Note:Themainpurposeofthearchipelagicdoctrine
is to protect the territorial interests of an
A: archipelago, that is, to protect the territorial
1. TerrestrialDomain integrityofthearchipelago.Withoutit,therewould
2. MaritimeDomain be pockets of high seas between some of our
3. AerialDomain islandsandislets,thusforeignvesselswouldbeable
to pass through these pockets of seas and would
Note: R.A. 9522 which was approved by President have no jurisdiction over them. Accordingly, if we
Arroyo on March 10, 2009 amended certain followtheoldruleofinternationallaw,itispossible
provisions of R.A. 3046, as amended by R.A. 5446 thatbetweenislands,e.g.BoholandSiquijor,dueto
and defined the archipelagic baselines of the the more than 24 mile distance between the 2
Philippines. islands,theremaybehighseas.Thus,foreignvessels
mayjustenteranytimeatwill,posingdangertothe
security of the State. However, applying the
ARCHIPELAGICDOCTRINE doctrine, even these bodies of water within the
baseline, regardless of breadth, form part of the

archipelago and are thus considered as internal


Q:WhatisanArchipelagicState?
waters.

A:Itisastateconstitutedwhollybyoneormore Q: Is the Spratlys Group of Islands (SGI) part of
archipelagosandmayincludeotherislands. thePhilippineArchipelago?

5
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A: No. It is too far to be included within the A: Yes. This doctrine also applies to foreign
archipelagiclinesencirclingtheinternalwatersof governmentbecauseofthesovereignequalityof
Philippine Archipelago. However, the SGI is part allthestate.Accordingly,immunityisenjoyedby
of the Philippine territory because it was other States, consonant with the public
discovered by a Filipino seaman in the name of international law principle of par in parem non
ViceAdmiral Cloma who later renounced his habet imperium. The head of State, who is
claim over it in favor of the Republic of the deemed the personification of the State, is
Philippines. Subsequently, then Pres. Marcos inviolable, and thus, enjoys immunity from suit.
issued a Presidential Decree constituting SGI as (JUSMAG Philippines v. NLRC, G.R. No. 108813,
partofthePhilippineterritoryandsendingsome December15,1994)
of our armed forces to protect said island and
maintainoursovereigntyoverit. Q:CantheStatewaiveitsimmunity?

Q:DoyouconsidertheSpratlysgroupofIslands A:Yes,expresslyorimpliedly.
aspartofourNationalTerritory?
1. Express consent of the State may be
A:Yes.ArticleIoftheConstitutionprovides:The manifested through general or special
national territory comprises the Philippine law.
archipelago, x x x, and all other territories over
which the Philippines has sovereignty or Note: Solicitor General cannot validly
jurisdiction, x x x. The Spratlys Group of islands waive immunity from suit. Only the
falls under the second phrase and all other Congress can (Republic v. Purisima, G.R.
territories over which the Philippines has No.L36084,Aug.31,1977).
sovereignty or jurisdiction. It is part of our
national territory because Philippines exercise 2. ImpliedconsentisgivenwhentheState
sovereignty (through election of public officials) itself commences litigation or when it
overSpratlysGroupofIslands. enters into a contract. There is an
implied consent when the state enters
into a business contract. (US v. Ruiz,
DOCTRINEOFSTATEIMMUNITY G.R.No.L35645May22,1985)

Q:WhatistheDoctrineofStateImmunity? Note:Thisruleisnotabsolute.

A: Under this doctrine, the State cannot be sued Q: Do all contracts entered into by the
without its consent. (Sec. 3, Art. XVI, 1987 government operate as a waiver of its non
Constitution) suability?

Q: What is the basis of the doctrine of State A: No. Distinction must still be made between
immunity? one which is executed in the exercise of its
sovereign function and another which is done in
A:Itreflectsnothinglessthanrecognitionofthe its proprietary capacity. A State may be said to
sovereign character of the State and an express havedescended to the level ofan individual and
affirmation of the unwritten rule effectively can this be deemed to have actually given its
insulating it from the jurisdiction of courts. It is consent to be sued only when it enters into
based on the very essence of sovereignty. business contracts. It does not apply where the
(Department of Agriculture v. NLRC, G.R. No. contract relates to the exercise of its sovereign
104269,November11,1993) functions. (Department of Agriculture vs. NLRC
G.R.No.104269,November11,1993)
Note: There can be no legal right against the
authority which makes the law on which the right Q: When is a suit considered as suit against the
depends (Republic vs. Villasor, GRN L30671, State?
November 28, 1973). However, it may be sued if it
givesconsent,whetherexpressorimplied. A:
1. WhentheRepublicissuedbyname;
Q: Does this doctrine apply as well to foreign 2. When the suit is against an
government? unincorporatedgovernmentagency;
3. When the suit is on its face against a
governmentofficerbutthecaseissuch

6
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
GENERAL CONSIDERATIONS

thatultimateliabilitywillbelongnotto to be sued only when it enters into business


the officer but to the government. contracts.However,therestrictiveapplicationof
(Republic v. Sandoval, G.R. No. 84607, State immunity is proper only when the
Mar.19,1993) proceedingsariseoutofcommercialtransactions
oftheforeignsovereign,itscommercialactivities
Q: Petitioners sued the Philippine National oreconomicaffairs.Itdoesnotapplywherethe
Railwaysfordamagesforthedeathoftheirson contract relates to the exercise of its sovereign
who fell from an overloaded train belonging to functions. (United States vs. Ruiz, G.R. No. L
thePNR.Thetrialcourtdismissedthesuitonthe 35645,May22,1985)
groundthatthecharterofthePNR,asamended
by P.D No. 741 has made the same a Q:Whenisasuitagainstapublicofficialdeemed
government instrumentality, and thus immune tobeasuitagainsttheState?
fromsuit.Isthedismissalproper?
A: The doctrine of State Immunity from suit
A:No.Thecorrectruleisthatnotallgovernment appliestocomplaintsfiledagainstpublicofficials
entitieswhethercorporateornoncorporate,are for acts done in the performance of their duties
immune from suits. Immunity from suit is withinthescopeoftheirauthority.
determined by the character of the objects for
which the entity is organized. When the GR:Theruleisthatthesuitmustberegardedas
governmententersintoacommercialbusiness,it one against the state where the satisfaction of
abandons its sovereign capacity and is to be thejudgmentagainstthepublicofficialconcerned
treated like any other corporation. In this case, will require the state to perform a positive act,
the State divested itself of its sovereign capacity suchasappropriationoftheamountnecessaryto
when it organized the PNR which is no different paythedamagesawardedtotheplaintiff.
from its predecessors, the Manila Railroad
Company. (Malang v. PNRC, G.R. No. L49930, XPNs:Theruledoesnotapplywhere:
August7,1985) 1. The public official is charged in his
official capacity for acts that are
Q: Distinguish unincorporated government unlawful and injurious to the rights of
agency performing governmental function and others.Publicofficialsarenotexempt,
one performing proprietary functions according intheirpersonalcapacity,fromliability
to the applicability of the Doctrine of State arising from acts committed in bad
Immunity. faith;or

A: 2. Thepublicofficialisclearlybeingsued
Unincorporated Unincorporated not in his official capacity but in his
GovernmentAgency GovernmentAgency personal capacity, although the acts
Performing PerformingProprietary complained of may have been
Governmental Functions committedwhileheoccupiedapublic
Functions position. (Lansang vs.CA, G.R. No.
Immunity has been Immunity has not been 102667,February23,2000)
upheld in its favor upheld in its favor
because its function is whose function was not Q: The Northern Luzon Irrigation Authority was
governmental or inpursuitofanecessary
establishedbyalegislativechartertostrengthen
incidental to such function of government
theirrigationsystemsthatsupplywatertofarms
function but was essentially a
and commercial growers in the area. While the
business. (Air
Transportation Office v. NLIA is able to generate revenues through its
Spouses David, G.R. No. operations, it receives an annual appropriation
159402, February 23, from Congress. The NLIA is authorized to
2011) "exercise all the powers of a corporation under
the Corporation Code." Due to a miscalculation
Q: What is the Restrictive Theory of State by some of its employees, there was a massive
ImmunityfromSuit? irrigationoverflowcausingaflashfloodinBarrio
Zanjera.Achilddrownedintheincidentandhis
A: The Restrictive Theory of State Immunity parents now file suit against the NLIA for
means that a State may be said to have damages. May the NLIA validly invoke the
descended to the level of an individual and can immunityoftheStatefromsuit?
thus bedeemed to have tacitly given its consent

7
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


A:No.Irrigationisaproprietaryfunction.Besides, GOVERNMENT SUABILITY
the NLIA has a juridical personality separate and AGENCIES
distinct from the government, a suit against it is a.Incorporatedagencies testofsuabilityisstated
not a suit against the State. (Fontanilla v. in their charters. If its
Maliaman,G.R.Nos.55963&61045,February27, charter says so, it is
1991) suable
b. Unincorporated suable if the nature of
Since the waiver of the immunity from suit is governmentagencies their acts is proprietary
without qualification, the waiver includes an innature

action based on a quasidelict. (Rayo vs. CFI of
c.Juregestionis by right of economic or
Bulacan.G.R.No.L55954.December19,1981)
business relation = may

besued
Q: What are the implications of this phrase
d.Jureimperii by right of sovereign
waiverofimmunitybytheStatedoesnotmean power,intheexerciseof
aconcessionofitsliability? sovereign functions =
cannotbesued
A:WhentheStategivesitsconsenttobesued,
all it does is to give the other party an Note: Letters c and d are also considered as
opportunity to show that the State is liable. natureofactsofState.
Accordingly,thephrasethatwaiverofimmunity
by the State does not mean a concession of ActaJureImperii ActaJureGestionis
liabilitymeansthatbyconsentingtobesued,the Thereisnowaiver. There is waiver of State
Statedoesnotnecessarilyadmitthatitisliable. immunityfromsuit.
The State is acting The State entered into a
In such a case the State is merely giving the in its sovereign contract in its commercial
plaintiffachancetoprovethattheStateisliable governmental orproprietarycapacity.The
but the State retains the right to raise all lawful capacity. State descended to the
defenses.(PhilippineRockIndustries,Inc.v.Board levelofaprivateentity.
of Liquidators, G.R. No. 84992, December 15,
1989) 3. GovernmentdoctrineofState immunity
is available; nonsuability of the State is
Q:Isthereanydistinctionbetweensuabilityand availabletotheagencyevenifitisshown
liabilityoftheState? thatitisengagednotonlyingovernment
functions but also, as a sideline, or
A:Yes. incidentally,inproprietaryenterprises.
SUABILITY LIABILITY
Dependsontheconsent Depends on the Q:Inwhatinstancesmayapublicofficerbesued
oftheStatetobesued applicable law and the withouttheStatesconsent?
establishedfacts
The circumstance that a The State can never be A:
State is suable does not held liable if it is not 1. Tocompelhimtodoanactrequiredby
necessarily mean that it suable. law
isliable. 2. To restrain him from enforcing an act
claimedtobeunconstitutional
Q: How are the liabilities of the following 3. To compel payment of damages from
determined? an already appropriated assurance
fund or to refund tax overpayments
A: from a fund already available for the
1. Public officers their acts without or in purpose
excessofjurisdiction:anyinjurycausedby 4. To secure a judgment that the officer
him is his own personal liability and impleaded may satisfy the judgment
cannotbeimputedtotheState. himselfwithouttheStatehavingtodoa
positiveacttoassisthim
2. Governmentagenciesestablishwhether 5. Where the government itself has
or not the State, as principal which may violated its own laws because the
ultimately be held liable, has given its doctrine of State immunity cannot be
consent. usedtoperpetrateaninjustice

8
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
GENERAL CONSIDERATIONS

Q:Whatisthetruetestindeterminingwhether privatepropertyshallnotbetakenforpublicuse
asuitagainstapublicofficerisasuitagainstthe without just compensation will be rendered
State? nugatory.(Ministeriovs.CourtofFirstInstance,L
31635,August31,1971)
A:Thetestisthat,ifapublicofficeroragencyis
sued and made liable, the State will have to
perform an affirmative act of appropriating the PRINCIPLESANDPOLICIES
needed amount to satisfy the judgment. If the
Statedoesso,then,itisasuitagainsttheState. Q:AretheprovisionsinArticleIIselfexecuting?
Q:Isgarnishmentofgovernmentfundsallowed?
A: No. By its very title, Article II of the
A: Constitution is a declaration of principles and
GR: No. Whether the money is deposited by state policies. However, principles in Article II
wayofgeneralorspecialdeposit,theyremain are not intended to be selfexecuting principles
government funds and are not subject to ready for enforcement through the courts. They
garnishment. are used by the judiciary as aids or as guides in
theexerciseofitspowerofjudicialreview,andby
XPN: Where a law or ordinance has been the legislature in its enactment of laws. (Tondo
enacted appropriating a specific amount to Medicalv.CA,G.R.No.167324,July17,2007)
pay a valid government obligation, then the
moneycanbegarnished. Note: As a general rule, these provisions are non
selfexecuting. But a provision that is complete in
Note: Funds belonging to government itself,andprovidessufficientrulesfortheexerciseof
corporationswhichcansueandbesuedthatare rights, is selfexecuting. Thus, certain provisions in
depositedwithabankcanbegarnished.(PNBv. Art. II are selfexecuting, one of which is that
Pabalan,G.R.No.L33112,June15,1978) provided in Section 16, Art. II, The State shall
protect and advance the right of the people to a
If the local legislative authority refuses to balanced and healthful ecology in accord with the
enact a law appropriating the money rhythmandharmonyofnature.(Oposav.Factoran,
judgmentrenderedbythecourt,thewinning G.R.No.101083,July,30,1993)
party may file a petition for mandamus to
compelthelegislativeauthoritytoenactalaw Q:WhatisaRepublicanState?
(Municipality of Makati v. CA, G.R. Nos.
8989899,Oct.1,1990) A: It is a state wherein all government authority
emanates from the people and is exercised by
Q:CantheGovernmentbemadetopayinterest representativeschosenbythepeople.(Dissenting
inmoneyjudgmentsagainstit? Opinion of J. Puno, G.R. No. 148334, January 21,
2004andBernasPrimer,2006Edition)
A:
GR:No. Q: What are the manifestations of
Republicanism?
XPNs:
1. Eminentdomain A: The following are the manifestations of
2. Erroneouscollectionoftaxes Republicanism:
3. Where government agrees to pay
interestpursuanttolaw. 1. Ours is a government of laws and not of
men.
Q: A property owner filed an action directly in 2. RuleofMajority(Pluralityinelections)
court against the Republic of the Philippines 3. Accountabilityofpublicofficials
seeking payment for a parcel of land which the 4. BillofRights
nationalgovernmentutilizedforaroadwidening 5. Legislaturecannotpassirrepealablelaws
project.Canthegovernmentinvokethedoctrine 6. Separationofpowers
ofnonsuitabilityofthestate?
Note: In the view of the new Constitution, the
A: No. When the government expropriates Philippinesisnotonlyarepresentativeorrepublican
state but also shares some aspects of direct
property for public use without paying just
democracysuchasinitiativeandreferendum.
compensation,itcannotinvokeitsimmunityfrom

the suit. Otherwise, the right guaranteed in
Section9,ArticleIIIofthe1987Constitutionthat

9
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


Q: What do you understand by Constitutional women by providing safe and healthful
Authoritarianism? working conditions, taking into account
their maternal functions, and such
A: Constitutional authoritarianism as understood facilities and opportunities that will
and practiced in the Marcos regime under the enhancetheirwelfareandenablethemto
1973 constitution was the assumption of realizetheirfullpotentialintheserviceof
extraordinary powers by the President, including thenation."
legislative and judicial and even constituent
powers. 2. Section 16, Article II of the Constitution
provides: The State shall protect and
Q: Is constitutional authoritarianism compatible advance the right of the people and their
witharepublicanstate? posterity to a balanced and healthful
ECOLOGY in accord with the rhythm and
A. Yes, if the Constitution upon which the harmonyofnature."
Executive bases his assumption of power is a
legitimate expression of the peoples will and if 3. Section 1, Article XVII of the Constitution
the Executive who assumes power received his provides:"TheFlagofthePhilippinesshall
office through a valid election by the people. be red, white, and blue, with a sun and
(BernasPrimer,2006Edition) three stars, as consecrated and honored
bythepeopleandrecognizedbylaw."
Note: The essence of republicanism is
representationandrenovation,theselectionbythe Section 2, Article XVI of the Constitution
citizenry of a corps of public functionaries who states:TheCongressmaybylaw,adopta
derive their mandate from the people and act on new name for the country, a national
their behalf, serving for a limited period only, after anthem,oranationalseal,whichshallall
whichtheyarereplacedorretainedattheoptionof be truly reflective and symbolic of the
theirprincipal. ideals, history, and traditions of the
people. Such law shall take effect only
Q:WhatistheStatepolicyregardingwar? upon its ratification by the people in a
nationalreferendum."
A: The State renounces war as an instrument of
nationalpolicy.(Sec.2,Art.II,1987Constitution) 4. Section 22, Article II of the Constitution
provides: The State recognizes and
Q:DoesthePhilippinesrenouncedefensivewar? promotestherightsofindigenouscultural
communities within the framework of
A. No, because it is duty bound to defend its nationalunityanddevelopment."
citizens. Under the Constitution, the prime duty
of the government is to serve and protect the Section 5, Article XII of the Constitution
people. reads: The State, subject to the
provisions of this Constitution and
Note: The Philippines renounces war as an
national development policies and
instrument of national policy, adopts the generally
programs, shall protect the rights of
accepted principles of international law as part of
the law of the land and adheres to the policy of
indigenous cultural communities to their
peace, equality, justice, freedom, cooperation, and ancestral lands to ensure their economic,
amity with all nations. (Section 2, Article II, 1987 socialandculturalwellbeing.
Constitution)
The Congress may provide for the
Q: What are the policies of the State on the applicability of customary laws governing
following? propertyrightsorrelationsindetermining
1. Workingmen theownershipandextentoftheancestral
2. Ecology domains."
3. Theysymbolsofstatehood
4. Culturalminorities Section 6, Art. XIII of the Constitution
5. ScienceandTechnology provides: The State shall apply the
principles of agrarian reform or
A: stewardship, whenever applicable in
1. Section 14, Article XIII of the Constitution accordancewithlaw,inthedispositionor
provides:"TheStateshallprotectworking utilization of other natural resources,

10
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
GENERAL CONSIDERATIONS

includinglandsofthepublicdomainunder research and development, invention,


leaseorconcessionsuitabletoagriculture, innovation, and their utilization; and to
subjecttopriorrights,homesteadrightsof science and technology education,
smallsettlers,andtherightsofindigenous training, services. It shall support
communitiestotheirancestrallands. indigenous, appropriate, and selfreliant
scientific and cultural capabilities, and
The State may resettle landless farmers their application to the country's
and farm workers in its own agricultural productivesystemsandnationallife."
estateswhichshallbedistributedtothem
inthemannerprovidedbylaw." Section 11, Article XIV of the Constitution
provides: "The Congress may provide for
Section 17, Article XIV of the Constitution incentives, including tax deductions, to
states: "The State shall recognize, respect encourage private participation in
and protect the rights of indigenous programs of basic and applied scientific
cultural communities to preserve and research. Scholarships, grantsinaid or
develop their cultures, traditions, and other forms of Incentives shall be
institutions.Itshallconsidertheserightsin provided to deserving science students,
the formulation of national plans and researchers, scientists, investors,
policies." technologists, and specially gifted
citizens."
5. Section 17, Article II of the Constitution
provides: "The State shall give priority to Section 12, Article XIV of the Constitution
Education, Science and Technology, Arts, reads: The State shall regulate the
Culture and Sports to foster patriotism transfer and promote the adaptation of
and nationalism, accelerate social technology from all sources for the
progress, and promote total human nationalbenefit.Itshallencouragewidest
liberationanddevelopment." participation of private groups, local
governments, and communitybased
Section 14, Article XII of the Constitution organizations in the generation and
readsinpart:"Thesustaineddevelopment utilizationofscienceandtechnology."
ofareservoirofnationaltalentsconsisting
of Filipino scientists, entrepreneurs, Q: Does the 1987 Constitution provide for a
professionals, managers, highlevel policy of transparency in matters of public
technical manpower and skilled workers concern?
and craftsmen shall be promoted by the
State. The State shall encourage A:Yes,the1987Constitutionprovidesforapolicy
appropriate technology and regulate its oftransparencyinmattersofpublicinterest:
transferforthenationalbenefit.
1. Section 28, Article II of the 1987
Subsection2,Section3,ArticleXIVofthe Constitutionprovides:"Subjecttoreasonable
Constitution states: "They (educational conditions prescribed by law, the State
institutions)shallinculcatepatriotismand adopts and implements a policy of full
nationalism, foster love of humanity, disclosure of all its transactions involving
respect for human rights, appreciation of publicinterest,"
theroleofnationalheroesinthehistorical
development of the country, teach the 2. Section 7, Article III states: "The right of
rightsanddutiesofcitizenship,strengthen the people to information on matters of
ethicalandspiritualvalues,developmoral publicconcernshallberecognized,accessto
character and personal discipline, official records, and to documents, and
encourage critical and creative thinking, papers pertaining to official acts,
broaden scientific and technological transactions, or decisions, as well as to
knowledge, and promote vocational government research data used as basis for
efficiency." policy development, shall be afforded the
citizen,subjecttosuchlimitationsasmaybe
Section 10, Article XIV of the Constitution providedbylaw."
declares: "Science and Technology are
essential for national development and 3. Section 20, Article VI reads: "The records
progress. The State shall give priority to and books of account of the Congress shall

11
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


be preserved and be open to the public in Q:Howisciviliansupremacyensured?
accordance with law, and such books shall A:
be audited by the Commission on Audit 1. By the installation of the President, the
which shall publish annually an itemized list highestcivilianauthority,asthecommander
of amounts paid to and expenses incurred inchief of all the armed forces of the
foreachmember." Philippines. (Sec. 18, Art. VII, 1987
Constitution)
4. Section 17, Article XI provides: sworn
statementofassets,liabilitiesandnetworth 2.Throughtherequirementthatmembersof
of the President, the VicePresident, the the AFP swear to uphold and defend the
Members of the Cabinet, the Congress, the Constitution, which is the fundamental law
Supreme Court, the Constitutional ofcivilgovernment.(Sec.5[1],Art.XVI,1987
Commissionandotherconstitutionaloffices, Constitution)
andofficersofthearmedforceswithgeneral
or flag rank filed upon their assumption of Q: Can a person avoid the rendition of military
office shall be disclosed to the public in the servicestodefendtheState?
mannerprovidedbylaw.
A: No. One cannot avoid compulsory military
5. Section 21, Article XII declares: service by invoking ones religious convictions or
"Information on foreign loans obtained or by saying that he has a sick father and several
guaranteed by the government shall be brothers and sisters to support. Accordingly, the
madeavailabletothepublic." duty of government to defend the State cannot
be performed except through an army. To leave
Note: These provisions on public disclosures the organization of an army to the will of the
are intended to enhance the role of the citizens would be to make this duty to the
citizenry in governmental decisionmaking as Government excusable should there be no
well as in checking abuse in government. sufficient men who volunteer to enlist therein.
(Valmonte vs. Belmonte, G.R. No. 74930, Feb. The right of the Government to require
13,1989) compulsory military service is a consequence of
itsdutytodefendtheStateandisreciprocalwith
Q:WhatistheDoctrineofIncorporation? itsdutytodefendthelife,liberty,andpropertyof
thecitizen.(Peoplev.Zosa,G.R.No.L4589293,
A: It means that the rules of International law July13,1938).
formpartofthelawofthelandandnolegislative
action is required to make them applicable in a Q: What are the provisions of the Constitution
country.Bythisdoctrine,thePhilippinesisbound that support the principle of separation of
by generally accepted principles of international ChurchandState?
law, which are considered to be automatically
partofourownlaws.(Taadav.Angara,G.R.No. A:
118295,May2,1997) 1. The nonestablishment clause. (Sec. 5 of
Art.III)
Q:WhatistheDoctrineofAutolimitation? 2. Sectoral representation in the House of
Representatives. Various sectors may be
A:ItisthedoctrinewherethePhilippinesadhere represented except the religious sector.
toprinciplesofinternationallawasalimitationto (Par.2,Sec.5ofArt.VI)
theexerciseofitssovereignty. 3. Religiousgroupsshallnotberegisteredas
political parties. (Par. 5, Sec. 2, Art. IXC,
Note: The fact that the international law has been 1987Constitution)
made part of the law of the land does not by any

means imply the primacy of international law over
Note: Exceptions to the abovementioned rule are
nationallawinthemunicipalsphere.(PhilipMorris,
thefollowingprovisons:
Inc.v.CA,G.R.No.91332,July16,1993)


1. Churches, parsonages, etc. actually, directly
Q: What is meant by the principle of Civilian and exclusively used for religious purposes
Supremacy? shall be exempt from taxation. (Article VI,
Section28[3]);
A: The civilian authority is, at all times, supreme
overthemilitary. 2. Whenpriest,preacher,ministerordignitaryis
assigned to the armed forces, or any penal

12
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
GENERAL CONSIDERATIONS

institution or government orphanage or A:Thosewhichare:


leprosarium, public money may be paid to 1. Found to be constitutionally compelled,
them(ArticleVI,Section29[2]); i.e. required by the Free Exercise Clause
(mandatory),
3. Optional religious instruction for public 2. Discretionary or legislative, i.e. not
elementary and high school students (Article required by the Free Exercise Clause
XIV,Section3[3]); (permissive),

3. Prohibited by the religion clauses
4. Filipino ownership requirement for education
(prohibited).
institutions, except those established by
religious groups and mission boards (Article

XIV,Section4[2]). Note:Basedontheforegoing,andafterholdingthat
the Philippine Constitution upholds the benevolent

neutralitydoctrinewhichallowsforaccommodation,
Q:WhatistheStrictSeparationistApproach?
the Court laid down the rule that in dealing with
cases involving purely conduct based on religious
A:Underthisapproach,theestablishmentclause belief, it shall adopt the strictcompelling State
wasmeanttoprotecttheStatefromthechurch, interest test because it is most in line with the
and the States hostility towards religion allows benevolentneutralityaccommodation.
no interaction between the two. (Estrada v.
Escritor,A.M.No.P021651,June22,2006) Q:WhatisMandatoryAccommodation?

Q:WhatistheStrictNeutralityApproach? A: This is based on the premise that when
religious conscience conflicts with a government
A: It is not hostile in religion, but it is strict in obligation or prohibition, the government
holding that religion may not be used as a basis sometimes may have to give way. This
for classification for purposes of governmental accommodationoccurswhenallthreeconditions
action, whether the action confers rights or ofthecompellingStateinteresttestaremet.
privileges or imposes duties or obligations. Only
secular criteria may be the basis of government Q:WhatisPermissiveAccommodation?
action. It does not permit, much less require
accommodation of secular programs to religious A: It means that the State may, but is not
belief. (Estrada v. Escritor, A.M. No. P021651, requiredto,accommodatereligiousinterests.
June22,2006)
Q:WhatisProhibitedAccommodation?
Q:WhatisthetheoryofBenevolentNeutrality?
A:ThisresultswhentheCourtfindsnobasisfora
A: Under this theory the wall of separation is mandatoryaccommodation,oritdeterminesthat
meant to protect the church from the State. It the legislative accommodation runs afoul of the
believes that with respect to governmental establishment or the free exercise clause. In this
actions, accommodation of religion may be case,theCourtfindsthatestablishmentconcerns
allowed, not to promote the governments prevailoverpotentialaccommodationinterests.
favored form of religion, but to allow individuals
and groups to exercise their religion without Note:Thepurposeofaccommodationsistoremove
hindrance. (Estrada v. Escritor, A.M. No. P02 aburdenon,orfacilitatetheexerciseof,apersons
1651,June22,2006) orinstitutionsreligions.

Q:WhattheoryisappliedinthePhilippines?
SEPARATIONOFPOWERS
A: In the Philippine context, the Court
categorically ruled that, the Filipino people, in Q: What is the Doctrine of Separation of
adopting the Constitution, manifested their Powers?
adherencetothebenevolentneutralityapproach
thatrequiresaccommodationsininterpretingthe A: In essence, separation of powers means the
religion clauses. (Estrada v. Escritor, A.M. No. P legislation belongs to Congress, execution to the
021651,June22,2006) executive,settlementoflegalcontroversiestothe
judiciary. Each is therefore prevented from
Q: What are the three kinds of accommodation invadingthedomainoftheothers.
thatresultsfromfreeexerciseclaim?
Q:Whatisthepurposeofseparationofpowers?

13
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


essentially means that legislation belongs to
A: To prevent the concentration of authority in Congress, execution to the Executive and
onepersonorgroupofpersonsthatmightleadto settlementoflegalcontroversiestotheJudiciary.
irreparable error or abuse in its exercise to the Each is prevented from invading the domain of
detrimentofrepublicaninstitutions.Thepurpose the others. (Senate Blue Ribbon Committee v.
was not to avoid friction, but, by means of the Majaducon,G.R.No.136760,July29,2003)
inevitable friction incident to the distribution of
governmental powers among the three Q:WhatistheprincipleofBlendingofPowers?
departments,tosavethepeoplefromautocracy.
1. Tosecureaction A:Itisaninstancewhenpowersarenotconfined
2. Toforestalloveraction exclusively within one department but are
3. Topreventdespotism assignedtoorsharedbyseveraldepartments.
4. Toobtainefficiency
Examples of the blending of powers are the
Q: What are the powers vested in the three following:
branchesofgovernment?
1. Power of appointment which can be
A: exercised by each department and be
Executive Legislative Judiciary rightfully exercised by each department
overitsownadministrativepersonnel;
Imple 2. General Appropriations Law President
Interpretation
mentationof Makingoflaws prepares the budget which serves as the
oflaws
laws (Powerofthe basisofthebilladoptedbyCongress;
(Powerof
(Powerofthe purse) 3. Amnesty granted by the President
judicialreview)
sword)
requires the concurrence of the majority
ofallthemembersoftheCongress;and
Note: Legislative power is given to the Legislature 4. COMELEC does not deputize law
whosemembersholdofficeforafixedterm(Art.VI, enforcement agencies and
Sec.1); executive power is given to a separate instrumentalities of the government for
Executivewhoholdsofficeforafixedterm(Art.VII, the purpose of ensuring free, orderly,
Sec.1);andjudicialpowerisheldbyanindependent honest, peaceful and credible elections
Judiciary.(Art.VIII,Sec.1) alone (consent of the President is

required)
Q:Agroupoflosinglitigantsinacasedecidedby

theSCfiledacomplaintbeforetheOmbudsman

charging the Justices with knowingly and
CHECKSANDBALANCES
deliberatelyrenderinganunjustdecisioninutter

violation of the penal laws of the land. Can the
Q:WhatistheprincipleofChecksandBalances?
Ombudsmanvalidlytakecognizanceofthecase?


A: It allows one department to resist
A: No. Pursuant to the principle of separation of
encroachmentsuponitsprerogativesortorectify
powers,thecorrectnessofthedecisionsoftheSC
mistakes or excesses committed by the other
as final arbiter of all justiciable disputes is
departments.
conclusive upon all other departments of the

government; the Ombudsman has no power to
Q:HowdoestheExecutiveChecktheothertwo
review the decisions of the SC by entertaining a
branches?
complaint against the Justices of the SC for

knowingly rendering an unjust decision. (In re:
A:
Laureta,G.R.No.L68635,May14,1987)
EXECUTIVECHECK

Legislative Judiciary
Q: May the RTC or any court prohibit a
1. Through its power of
committee of the Senate like the Blue Ribbon
pardon, it may set aside
Committee from requiring a person to appear the judgment of the
before it when it is conducting investigation in Through its
judiciary.
aidoflegislation? vetopower
2. Also by power of

appointment power to
A: No, because that would be violative of the appoint members of the
principle of separation of powers. The principle Judiciary.

14
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
GENERAL CONSIDERATIONS

public official rests solely in the executive


Q: How does Legislature check the other two department; the legislature cannot delegate a
branches? power/dutytotheSCtoinvestigatetheconductand
behaviorofexecutiveofficialsotherwise,itwouldbe
A: unconstitutional as per violation of the doctrine of
LEGISLATIVECHECK separation of powers. (Noblejas v. Teehankee, G.R.
Executive Judiciary No.L28790,Apr.29,1968)

1. Override the Revoke or amend the
Thefirstandsafestcriteriontodeterminewhethera
veto of the decisionsbyeither:
given power has been validly exercised by a
President 1.Enactinganewlaw
particular department is whether or not the power
2. Reject certain 2. Amending the old law,
has been constitutionally conferred upon the
appointments giving it certain
department claiming its exercise. However, even in
made by the definition and
the absence of express conferment, the exercise of
president interpretation different
the power may be justified under the Doctrine of
fromtheold
Necessary Implication the grant of express power
3. Revoke the 3. Impeachment of SC
carried with it all other powers that may be
proclamation members
reasonablyinferredfromit.
of martial law

or suspension

of the writ of
habeascorpus DELEGATIONOFPOWERS
4. Impeachment 4. Define, prescribe,
apportion jurisdiction of Q:Canadelegatedpowerberedelegated?
lowercourts:
a. Prescribe the A:
qualifications of GR:No.Delegatedpowerconstitutesnotonly
lower court a right but a duty to be performed by the
judges delegate through the instrumentality of his
b. Impeachment own judgment and not through the
c. Determination of interveningmindofanother.
salariesofjudges.
5. Determine the XPN:Permissibledelegations:PETAL
salaries of the
president or 1. Delegation to the People through
vicepresident initiative and referendum. (Sec. 1, Art.
VI,1987Constitution)
Q: How does the Judiciary check the other two 2. Emergency powers delegated by
branches? CongresstothePresident.(Sec.23,Art.
VI)
A:
JUDICIALCHECK The conditions for the vesture of
Executive Legislative emergencypowersarethefollowing:
It may declare (through the SC
as the final arbiter) the acts of
a. There must be war or other
both the legislature and
nationalemergency
executive as unconstitutional
b. The delegation is for a limited
or invalid so long as there is
graveabuseofdiscretion. periodonly
c. Delegationissubjecttorestrictions
Note:Oftentimes,duetotheprincipleofseparation asCongressmayprescribe
ofpowers,theSupremeCourtrefusestopassupon d. Emergency powers must be
theconstitutionalityofthelawssolongasitcanuse exercisedtocarryanationalpolicy
otherbasisfordecidingthecase. declaredbyCongress

The legislature cannot, upon passing a law which 3. CongressmaydelegateTariffpowersto
violatesaconstitutionalprovision,validateitsoasto thePresident.(Sec.28(2),Art.VI)
prevent an attack thereon in the courts, by a
declaration that it shall be so construed as not to Note:TheTariffandCustomsCodeisthe
violate the constitutional inhibition (Endencia v. enabling law that grants such powers to
David, G.R. No. L635556 Aug. 31, 1953). The right thepresident.
and responsibility to investigate and suspend a

15
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


The power to impose tariffs in the first step into the shoes of the legislature and exercise
place is not inherent in the President but discretioninordertorepairtheomissions.
arisesonlyfromcongressionalgrant.Thus,
itistheprerogativeofCongresstoimpose Q: What is the distinction between the
limitations and restrictions on such Presidents authority to declare a state of
powers which do not normally belong to national emergency and her authority to
the executive in the first place. (Southern exerciseemergencypowers?
Cross Cement Corporation v. Philippine
Cement Manufacturing Corp., G.R. No. A:ThePresidentsauthorityto:
158540,Aug.3,2005)
DeclareaStateof ExerciseEmergency
NationalEmergency Powers
4. Delegation to Administrative bodies Granted by the Requires a delegation
also known as power of subordinate Constitution, no from Congress. (David,
legislation. legitimate objection can et al. v. Gloria
beraised. MacapagalArroyo, et
Note: This refers to the authority vested al., G.R. No. 171396,
by Congress to the administrative bodies May3,2006)
to fill in the details which Congress
cannotprovideduetolackofopportunity Note: Conferment of
orcompetence.Suchincludesthemaking emergency powers on
of supplementary rules and regulations. the President is not
Suchhavetheforceandeffectoflaw. mandatoryonCongress.

5. DelegationtoLocalGovernmentsItis
not regarded as a transfer of general FORMSOFGOVERNMENT
legislative power, but rather as the
grant of authority to prescribe local Q: What is the form of government of the
regulations. Philippines?

Note:Congresscanonlydelegate,usually A: The Philippines adheres to the presidential
to administrative agencies, RuleMaking
system.
Power.

Q: What is the principal identifying feature of a
Q:Whatarethetwotestsofvaliddelegation?
presidentialformofgovernment?


A:
A: The principal identifying feature of a
1. Completeness Test law must be
presidential form of government is embodied in
complete in all essential terms and
theseparationofpowersdoctrine.
conditions when it leaves the

legislature so that there will be Note: In presidential system, the President is both
nothing left for the delegate to do theheadofStateandtheheadofgovernment.
when it reaches him except to
enforceit. Q: What are the essential characteristics of a
parliamentaryformofgovernment?
2. Sufficient Standard Test if law does
notspelloutindetailthelimitsofthe A:
delegates authority, it may be 1.Themembersofthegovernmentorcabinet
sustained if delegation is made or the executive arm are, as a rule,
subjecttoasufficientstandard. simultaneouslymembersofthelegislature;

Note: SUFFICIENT STANDARD maps 2.Thegovernmentorcabinetconsistingofthe
out the boundaries of the delegates politicalleadersofthemajoritypartyorofa
authority and indicating the coalition who are also members of the
circumstances under which it is to be
legislature, is in effect a committee of the
pursuedandeffected(purpose:prevent
legislature;
totaltransferenceoflegislativepower).


3. The government or cabinet has a pyramidal
Note: INVALID DELEGATION OF LEGISLATIVE
POWERIf there are gaps that will prevent its structure at the apex of which is the Prime
enforcement, delegate is given the opportunity to Ministerorhisequivalent;

16
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
GENERAL CONSIDERATIONS

4.Thegovernmentorcabinetremainsinpower Q:Whataretheclassificationsofgovernmenton
only for so long as it enjoys the support of thebasisoflegitimacy?
themajorityofthelegislature;
A:
5. Both government and legislature are 1. De jure government. A government
possessedofcontroldeviceswhicheachcan truly and lawfully established by the
demand of the other immediate political ConstitutionofaStatebutwhichhaving
responsibility.Inthehandsofthelegislature been in the meantime displaced is
is the vote of nonconfidence (censure) actuallycutofffrompowerorcontrol.
wherebygovernmentmaybeousted.Inthe 2. De facto government. A government of
hands of the government is the power to fact; one actually exercising power and
dissolve the legislature and call for new control in the State as opposed to the
elections. trueandlawfulgovernment.

Q:WhatarethefunctionsoftheGovernment? Q:Whatarethekindsofadefactogovernment?

A: A:
1. Constituent mandatory for the 1. Defactopropergovernmentthatgets
government to perform because they possessionandcontrolof,orusurps,by
constitutetheverybondsofsociety. force or by the voice of the majority,
the rightful legal government and
2. Ministrant intended to promote the maintains itself against the will of the
welfare, progress and prosperity of the latter;
people. 2. Government of paramount force
established and maintained by military
Note: Distinction of function is no longer relevant forces who invade and occupy a
because the Constitution obligates the State to territory of the enemy in the course of
promotesocialjusticeandhasrepudiatedthelaissez war;and
faire policy (ACCFA v. Federation of Labor Unions, 3. Independent government established
G.R. No. L221484, Nov. 29, 1969). However, in by the inhabitants of the country who
Shipside Incorporated v. CA (G.R. No. 143377,Feb.
rise in insurrection against the parent
20, 2001), the nature of the function of the BCDA
State.(KopKimChamv.ValdezTanKey,
was a factor to determine the locus standi of the
G.R.No.L5,Sept.17,1945)
Government.

Q: Does the Bases Conversion Development
Authority (BCDA) exercise constituent or
ministrantfunction?

A: While public benefit and public welfare,


particularly, the promotion of the economic and
social development of Central Luzon, may be
attributabletotheoperationoftheBCDA,yetitis
certainthatthefunctionsperformedbytheBCDA
are basically proprietary in nature. Other
corporations have been created by government
to act as its agents for the realization of its
programs,theSSS,GSIS,NAWASAandtheNIA,to
count a few, and yet, the Court has ruled that
these entities, although performing functions
aimed at promoting public interest and public
welfare, are not governmentfunction
corporations invested with governmental
attributes. It may thus be said that the BCDA is
not a mere agency of the Government but a
corporatebodyperformingproprietaryfunctions.
(Shipside Incorporated v. CA, G.R. No.
143377,Feb.20,2001)

17
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


C.LEGISLATIVEDEPARTMENT citizenofthePhils. thePhils.
2.Atleast35yearsof2. At least 25 years of age
Q:Towhatbodyislegislativepowervested? age on the day of onthedayofelection.
election. 3.Abletoreadandwrite.
A: 3. Able to read and4. Except the partylist
GR:Congress write. reps, a registered voter
4. Resident of the in the district in which

Phils. for not less heshallbeelected.
XPN: Powers reserved to the people by the
than 2 years 5. Resident thereof for a
provisiononinitiativeandreferendum. immediately periodofnotlessthan1
preceding the day year immediately
Q:Whataretheclassesoflegislativepower? ofelection. proceeding the day of
theelection.
A:ODeCO Termofoffice
1. Original: Possessed by the people in 6 years, commencing
their sovereign capacity i.e. initiative at noon on the 30th
andreferendum. 3 years, commencing at
day of June next
noon on the 30th day of
2. Delegated: Possessed by Congress and following their
June next following their
otherlegislativebodiesbyvirtueofthe election.
election.
Constitution.

3. Constituent: The power to amend or Termlimit:Onlyupto
Term limit: No member of
revisetheConstitution. 2 consecutive terms.
the HoR shall serve for
4. Ordinary: The power to pass ordinary However, they may
more than 3 consecutive
laws. serveformorethan2
terms.
terms provided that

the terms are not
Q: What are the limitations on the legislative
consecutive.
powerofCongress?


Q: Discuss the disqualifications of members of
A:
Congress.
1. Substantive: limitations on the content

oflaws.
A:
2. Procedural: limitations on the manner
Senate HoR
ofpassinglaws.
1.NoSenatorshallserve 1. Shall not serve for
3. Congresscannotpassirrepealablelaws. for more than 2 more than three (3)
4. Congress, as a general rule, cannot consecutive terms. consecutive terms (Sec.
delegateitslegislativepower. Voluntary renunciation 7,ArticleVI).
of the office for any
Note:TheCongressofthePhilippinesisabicameral length of time shall not
body composed of a Senate and House of be considered as an
Representatives, the first being considered as the interruption in the
upperhouseandthesecondthelowerhouse. continuity of his service
for the full term for
which he was elected
HOUSESOFCONGRESS (Section4,ArticleVI).

Compositions,QualificationsandTermsofOffice 2. One who has been 2. One who has been
declared by competent declared by competent
Q: Discuss the composition, qualifications, and authority as insane or authority as insane or
termofofficeofmembersofCongress. incompetent incompetent

A: 3. One who has been 3. One who has been
sentenced by final sentenced by final
judgmentfor: judgmentfor:
SENATE HoR

Composition
a.Subversion; a.Subversion;
24 Senators (elected Not more than 250
b.Insurrection; b.Insurrection;
at large by qualified members,unlessotherwise
c.Rebellion; c.Rebellion;
Filipinovoters) providedbylaw.
d.Anyoffensefor d.Anyoffensefor
Qualifications
whichhehasbeen whichhehasbeen
1. Naturalborn 1. Naturalborn citizen of sentencedtoa sentencedtoa

18
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT

penaltyofnotmore penaltyofnotmore A:
than18months;or than18months;or DistrictRepresentative Partylist
e. A crime involving e.Acrime Representative
moral turpitude, involvingmoral
unless given plenary turpitude,unless 1. Elected according 1. Elected nationally
pardonor givenplenarypardon to legislative with partylist
granted amnesty. orgranted district by the organizations
(Section12,BP881) amnesty.(Section12, constituents of garnering at least
BP881) suchdistrict; 3%ofallvotescast
2. Must be a resident for the partylist
Note: The term of office prescribed by the of his legislative system entitled to
Constitution may not be extended or shortened by district for at least 1 seat, which is
the legislature, but the period during which an 1 year immediately increased
officer actually holds the office (tenure) may be before the according to
affected by circumstances within or beyond the election; proportional
power of said officer. Tenure may be shorter than 3. Elected personally, representation, but
the term or it may not exist at all. These situations byname; is in no way to
willnotchangethedurationofthetermofoffice. 4. Does not lose seat exceed 3 seats per
if he/she changes organization;
Q: How can members of Congress be removed partyoraffiliation; 2. No special
fromtheirrespectiveoffices? 5. In case of vacancy, residency
a special election requirement;
A: may be held 3. Voted upon by
SENATORS MEMBERSOFTHE provided that the party or
HOUSEOF vacancytakesplace organization. It is
REPRESENTATIVES at least 1 year only when a party
(HoR) before the next is entitled to
Expulsion by the Senate Expulsion by the House election; representation
with the concurrence of is with the concurrence 6. A district that it designates
2/3 of all its members. of 2/3 of all its representative is who will sit as
(Sec. 16, par. 3, Article members. (Sec. 16, par. notpreventedfrom representative;
VI) 3,Art.VI) running again as a 4. If he/she changes
district party or affiliation,

representative if loses his seat, in


Q: Can Congress or COMELEC impose an
he/she lost during which case he/she
additional qualification for candidates for
the previous will be substituted
senator? election;and by another
7. A change in qualified person in
A: No. The Congress cannot validly amend or affiliation within the party
otherwise modify these qualification standards, months prior to /organization
asitcannotdisregard,evade,orweakentheforce election does not based on the list
of a constitutional mandate, or alter or enlarge prevent a district submitted to the
the Constitution (Cordora v. COMELEC, G.R. No. representative COMELEC;
176947, Feb. 19, 2009; Social Justice Society v. fromrunningunder 5. In case of vacancy,
DDB and PDEA, G.R Nos. 157870, 158633, hisnewparty. a substitution will
161658,Nov.3,2008). be made within the
party, based on the
Q:Whatistheruleonvoluntaryrenunciationof listsubmittedtothe
officeforanylengthoftime? COMELEC;
6. A partylist
representative
A:Itshallnotbeconsideredasaninterruptionin
cannot sit if he ran
the continuity of his service for the full term for
and lost in the
whichhewaselected(Sec.4,ArticleVI).
previous election;
and
7. A change in
HouseofRepresentatives(HoR) affiliation within 6
months prior to
Q:WhatisthecompositionofHoR? election prohibits
the partylist
representatives
from listing as

19
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


representative 2. Each legislative district shall comprise
underhisnewparty contiguous, compact and adjacent
ororganization. territory. (This condition is not
absolute)
DISTRICTREPRESENTATIVESANDQUESTIONSOF
APPORTIONMENT 3. Each city with a population of at least
250,000 or each province shall at least
Q:Whoaredistrictrepresentatives? haveonerepresentative.

A: District representatives are those who were 4. Legislative districts shall be re
elected from legislative districts apportioned apportionedbyCongresswithin3years
amongtheprovinces,citiesandtheMetropolitan afterthereturnofeachcensus(Senator
Manilaarea. AquinoIIIv.COMELEC,G.R.No.189793,
April7,2010.
Q:Howarelegislativedistrictsapportioned?
Note: GR: There must be proportional
A:Legislativedistrictsareapportionedamongthe representation according to the number of their
provinces, cities, and the Metropolitan Manila constituents/inhabitants
area. They are apportioned in accordance with
the number of their respect inhabitants and on XPN: In one cityone representative/one province
onerepresentativerule.
the basis of a uniform and progressive ratio.

(Section5,ArticleVI,1987Constitution)
Note: Where a town is converted to a highly
urbanized city with a population of not less than
Each city with a population of at least 250,000 250, 000, the creation of a separate congressional
shall have at least one representative. Each district is in keeping with the one cityone
provinceshallhaveatleastonerepresentative. representative/one provinceone representative
rule.
Note: The question of the validity of an
apportionmentlawisajusticiablequestion.(Macias A city which has exceeded the number of 250, 000
v.Comelec,G.R.No.L18684,September14,1961) inhabitantsisentitledtoonerepresentative.

Q:Whataretheconditionsforapportionment? Q:Whatisthereasonforsuchrule?

A: A: The underlying principle behind the rule for
1. Elected from legislative districts which apportionment is the concept of equality of
areapportionedinaccordancewiththe representation which is a basic principle of
numberofinhabitantsofeachareaand republicanism. One mans vote should carry as
on the basis of a uniform and muchweightasthevoteofeveryotherman.
progressiveratio:
Note: Section 5 provides that the House shall be
a. Uniform Every representative of composed of not more than 250 members unless
Congress shall represent a territorial otherwiseprovidedbylaw.Thus,Congressitselfmay
unit with more or less 250,000 bylawincreasethecompositionoftheHR.(Tobiasv.
population. All the other Abalos,G.R.No.L114783,December8,1994)
representatives shall have the same or
nearly the same political constituency As such, when one of the municipalities of a
so much so that their votes will congressional district is converted to a city large
constitutethepopularmajority. enough to entitle it to one legislative district, the
incidental effect is the splitting of district into two.
Theincidentalarisingofanewdistrictinthismanner
b. Progressive It must respond to the
need not be preceded by a census. (Tobias v.
change in times. The number of House
Abalos,G.R.No.L114783,December8,1994)
representativesmustnotbesobigasto
be unwieldy. (Let us say, there is a Q:Howshouldthereapportionmentbemade?
growth in population. The ratio may
then be increased. From 250,000 A: Reapportionment can be made thru a special
constituents/1 representative it may be law. (Mariano, Jr.vs.COMELEC,G.R. No. 118577,
reapportioned to 300, 000 March7,1995)
constituents/1representative).

20
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT

Note: In Montejo vs. COMELEC, it was held that nominates and supports certain of its
while concededly the conversion of Biliran into a leaders and members as candidate in
regularprovincebroughtaboutanimbalanceinthe publicoffice(BayanMunav.COMELEC,
distribution of voters and inhabitants in the 5 G.R.No.147612,June28,2001)
districtsofLeyte,theissueinvolvesreapportionment
of legislative districts, and Petitioners remedy lies 2. National party its constituency is
with Congress. This Court cannot itself make the spread over the geographical territory
reapportionment as petitioner would want.
ofatleastamajorityofregions
(Montejo vs. COMELEC G.R. No. 118702, March 16,

1995)
3. Regional party its constituency is

spread over the geographical territory


Q:WhatisGerrymandering?Isitallowed?
of at least a majority of the cities and

provincescomprisingtheregion
A: Gerrymandering is the formation of one

legislative district out of separate territories for
4. Sectoral party organized group of
thepurposeoffavoringacandidateoraparty.It
citizens belonging to any of the
is not allowed because the Constitution provides
following sectors: labor, peasant,
that each district shall comprise, as far as
fisherfolk, urban poor, indigenous,
practicable, contiguous, compact and adjacent
cultural communities, elderly,
territory (Bernas, Reviewer in Philippine
handicapped, women, youth, veterans,
Constitution,p.186)
overseas workers and professionals,

whose principal advocacy pertains to

the special interest and concerns of


PARTYLISTSYSTEM
theirsectors.


Q:DiscussthePartyListSystem.
5. Sectoral Organization refers to a

group of citizens who share similar


A: Partylist representatives shall constitute 20%
physical attributes or characteristics,
of the total number of representatives in the
employment,interestorconcerns.
HouseofRepresentatives.(Sec.5[2],Art.VI,1987

Constitution)
6. Coalition refers to an aggregation of

duly registered national, regional,


Partylist system is a mechanism of proportional
sectoral parties or organizations for
representation in the election of representatives
politicaland/orelectionpurposes.
to the HoR from national, regional and sectoral

parties or organizations or coalitions thereof
Q:IfoneweretoanalyzetheConstitutionaland
registeredwiththeCOMELEC.
statutoryexamplesofqualifiedparties,itshould

beevidentthattheyrepresentwhatclasses?
Afreeandopenpartysystemshallbeallowedto

evolveaccordingtothefreechoiceofthepeople.
A:
(Sec. 2 [5], Art. IXC, 1987 Constitution) Political
Broad *Narrow SpecificallyDefined
parties registered under the partylist system Definition Definition Groups
shall be entitled to appoint poll watchers in Working Labor Carpenters,security
accordance with law. (Sec. 8, Art. IXC, 1987 Class guards,microchip
Constitution) factoryworkers,
barbers,tricycledrivers
Q:Discussthedifferentpartiesundertheparty Economically Urban Informalsettlers,the
listsystem Deprived Poor jobless,persons
displacedbydomestic
A: No votes cast in favor of political party, wars
organizationor coalitionshallbevalidexceptfor The Women Workingwomen,
thoseregisteredunderthepartylistsystem. Vulnerable batteredwomen,
victimsofslavery
1. Political party organized group of Work Handi Deafanddumb,the
citizens advocating ideology or Impaired Capped blind,peopleon
platform,principlesandpoliciesforthe wheelchairs(Separate
general conduct of government and OpinionofJustice
which,asthemostimmediatemeansof Abad,AngLadladLGBT
securing their adoption, regularly Partyv.COMELEC,G.R.

21
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


No.190582,Apr. 8, 5. Except for matters the COMELEC can
2010) take judicial notice of, the party
applying for accreditation must prove
Note:Obviously,thelevelofrepresentationdesired its claims by clear and convincing
byboththeConstitutionandR.A.7941fortheparty evidence. (Separate Opinion of Justice
list system is the second, the narrow definition of Abad, Ang Ladlad LGBT Party v.
thesectorthatthelawregardsas"marginalizedand COMELEC, G.R. No. 190582, Apr. 8,
underrepresented."Theimplicationofthisisthat,if 2010)
any of the subgroupings (the carpenters, the

securityguards,themicrochipsfactoryworkers,the
Q: Has the Ang Ladlad PartyList amply proved
barbers, the tricycle drivers in the example) within
thatitmeetstherequirementsforsectoralparty
the sector desires to apply for accreditation as a
partylist group, it must compete with other sub accreditation?
groups forthe seat allotted to the "labor sector" in
the House of Representatives. This is the apparent A:Yes.Theirmembersareinthevulnerableclass
intent of the Constitution and the law. (Separate like the women and the youth. Ang Ladlad
Opinion of Justice Abad, Ang Ladlad LGBT Party v. representsanarrowdefinitionofitsclass(LGBTs)
COMELEC,G.R.No.190582,Apr.8,2010) ratherthanaconcreteandspecificdefinitionofa
subgroup within the class (group of gay
Q:Whatgroupsaredisqualifiedforregistration? beauticians, for example). The people that Ang
Ladlad seeks to represent have a national
A: presence.(SeparateOpinionofJusticeAbad,Ang
1. Religiousdenominationsorsects. LadladLGBTPartyv.COMELEC,G.R.No.190582,
2. Those who seek to achieve their goals Apr.8,2010)
throughviolenceorunlawfulmeans.
3. Thosewhorefusetoupholdandadhere Q:Whatarethegroundsforthecancellationof
totheConstitution;and registration?
4. Those supported by foreign
governments(AngBagongBayaniOFW A:
Labor Party, v. COMELEC, G.R. No. 1. Accepting financial contributions from
147589,June25,2003) foreigngovernmentsoragencies;and
2. Failure to obtain at least 10% of the
Q: In sum, what are the requirements for a votes casts in the constituency where
grouptoqualifyforsectoralpartyaccreditation? the party fielded candidates. (Ang
Bagong BayaniOFW Labor Party, v.
A: COMELEC, G.R. No. 147589, June 25,
1. The applying party must show that it 2003)
represents the "marginalized and
underrepresented," exemplified by the Q: Can major political parties participate in the
working class, the service class, the partylistelections?
economically deprived, the social
outcasts, the vulnerable, the work A: No. It is not open to all but only to the
impaired, or some such similar class of marginalizedandtheunderrepresented.Allowing
persons. all individuals and groups, including those which
2. The applying party should be nowdominatedistrictelections,tohavethesame
characterized by a shared advocacy for opportunity to participate in the partylist
genuine issues affecting basic human electionswoulddesecratethisloftyobjectiveand
rights as these apply to the sector it mongrelize the social justice mechanism into an
represents. atrocious veneer for traditional politics. (Ang
3. The applying party must share the Bagong BayaniOFW Labor Party v. COMELEC,
cause of their sector, narrowly defined G.R.No.147589,June26,2001)
as shown above. If such party is a sub
group within that sector, it must Q:Whoshallbevoted?
compete with other subgroups for the
seatallocatedtotheirsector. A: The registered national, regional or sectoral
4. The members of the party seeking partylist groups or organizations and not their
accreditation must have an inherent candidates.
regionalornationalpresence.
Q:Whoareelectedintooffice?

22
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT

A: It is the partylist representatives who are Q:DoestheConstitutionprecludeCongressfrom


elected into office, not their parties or increasingitsmembership?
organizations. These representatives are elected,
however, through that peculiar partylist system A: The Constitution does not preclude Congress
that the Constitution authorized and that fromincreasingitsmembershipbypassingalaw,
Congress by law established where the voters otherthanageneralreapportionmentlaw.Thus,
casttheirvotesfortheorganizationsorpartiesto a law converting a municipality into a highly
which such partylist representatives belong. urbanized city automatically creates a new
(Abayonv.HRET,G.R.No.189466,Feb.11,2010) legislativedistrict,andconsequentlyincreasesthe
membership of the HoR (Mariano v. COMELEC,
Q: What are the qualifications of partylist G.RNo.118577,Mar.7,1995).
nominees?
Q: What is the formula mandated by the
A: Constitution in determining the number of
1. NaturalborncitizenofthePhilippines partylistrepresentatives?
2. Registeredvoter
3. ResidentofthePhilippinesforatleast1 A: The House of Representatives shall be
year immediately preceding the day of composedofnotmorethan250members,unless
theelection otherwisefixedbylaw.(Section5[1],ArticleVIof
4. Abletoreadandwrite the1987Constitution).
5. Bona fide member of the party or
organization which he seeks to The number of seats available to partylist
represent at least 90 days preceding representativesisbasedonthe:Ratioofpartylist
electionday representatives to the total number of
6. Atleast25yearsofage.(notmorethan representatives.
30 years old for nominees for youth
sector) Accordingly, we compute the number of seats
available to partylist representatives from the
Note: There is absolutely nothing in R.A. 7941 that numberoflegislativedistricts.
prohibits COMELEC from disclosing or even
publishing through mediums other than the
Number of
CertifiedListthenamesofthepartylistnominees.
seats available Numberof
As may be noted, no national security or like
to legislative
concerns is involved in the disclosure of the names x0.20= seats
ofthepartylistgroupsinquestion(BantayRA7941 districts availableto
v.COMELEC,G.R.No.177271;G.R.No.177314,May partylist
4,2007) representatives
0.80

Q:Whatistheeffectofchangeofaffiliationany This formula allows for the corresponding


partylistrepresentative? increase in the number of seats available for
partylist representatives whenever a legislative
A: Any elected partylist representative who districtiscreatedbylaw.
changes his political party or sectoral affiliation
during his term of office shall forfeit his seat; Afterprescribingtheratioofthenumberofparty
provided that if he changes his political party or list representatives to the total number of
sectoral affiliation within 6 months before an representatives,theConstitutionleftthemanner
election,heshallnotbeeligiblefornominationas of allocating the seats available to partylist
partylist representative under his new party or representativesto the wisdom of the legislature.
organization (Amores v. HRET, G.R. No. 189600, (BANAT v. COMELEC, G.R. No. 179271, April 21,
June29,2010). 2009)


Note: In case of vacancy in the seat reserved for
Q: How shall the partylist representative seats
partylist representatives, the vacancy shall be
automatically filledby the nextrepresentative from beallocated?
the list of nominees in the order submitted to the
COMELEC by the same party, organization or A:Indeterminingtheallocationofseatsforparty
coalition,whoshallservefortheunexpiredterm.If list representatives under Section 11 of R.A. No.
the list is exhausted, the party, organization or 7941,thefollowingprocedureshallbeobserved:
coalition concerned shall submit additional
nominees.

23
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


1. The parties, organizations, and A: Legislators are privileged from arrest while
coalitions shall be ranked from the Congress is in session with respect to offenses
highest to the lowest based on the punishablebyupto6yearsofimprisonment.
number of votes they garnered during
theelections. Q: What is the purpose of parliamentary
2. The parties, organizations, and immunities?
coalitions receiving at least 2% of the
totalvotescastforthepartylistsystem A:Itisnotforthebenefitoftheofficials;rather,it
shallbeentitledtooneguaranteedseat istoprotectandsupporttherightsofthepeople
each. by ensuring that their representatives are doing
3. Those garnering sufficient number of their jobs according to the dictates of their
votes, according to the ranking in conscience. It is indispensable no matter how
paragraph 1, shall be entitled to powerfultheoffendedpartyis.
additional seats in proportion to their
total number of votes until all the Q: May a congressman who committed an
additionalseatsareallocated. offense punishable for not more than 6 years,
4. Each party, organization, or coalition butisnotattendingsession,bearrested?
shall be entitled to not more than 3
seats. A: No. So long as he is an incumbent
congressman, and so long as Congress is in
Note: In computing the additional seats, the session,whetherornotheisattendingit,heshall
guaranteed seats shall no longer be included beimmunefromarrest.(PeopleofthePhilippines
because they have already been allocated, at one v. Jalosjos, G.R. Nos. 13287576, February 3,
seat each, to every two percent. Thus, the 2000).
remaining available seats for allocation as
additional seatsarethe maximum seats reserved Q: Can a senatorlawyer be disbarred or
under the partylist system less the guaranteed disciplinedbytheSupremeCourtforstatements
seats. Fractional seats are disregarded in the
madeduringaprivilegespeech?
absence of a provision in R.A. 7941 allowing for a

roundingoffoffractionalseats.(BANATv.COMELEC,
G.R.No.179271,April21,2009)
A: No. Indeed, the senatorlawyers privilege
speech is not actionable criminally or in a
Q: Is the two percent threshold prescribed in disciplinaryproceedingundertheRulesofCourt.
Section11(b)R.A.7941constitutional? TheCourt,however,wouldberemissinitsdutyif
it let the Senators offensive and disrespectful
A:No.TheCourtthereforestrikesdownthetwo language that definitely tended to denigrate the
percent threshold only in relation to the institutionpassby.ItisimperativeontheCourts
distributionoftheadditionalseatsasfoundinthe part to reinstill in Senator/Atty. Santiago her
second clause of Section 11 (b) of RA 7941. The duty to respect courts of justice, especially this
two percent threshold presents an unwarranted Tribunal, and remind her anew that
obstacle to the full implementation of Section parliamentarynonaccountabilitythusgrantedto
5(2), Article VI of the Constitution and prevents members of Congress is not to protect them
the attainment of the broadest possible againstprosecutionsfortheirownbenefit,butto
representation of party, sectoral or group enable them, as the peoples representatives, to
interests in the House of Representatives. performthefunctionsoftheirofficewithoutfear
(BANAT v. COMELEC, G.R. No. 179271, April 21, of being made responsible before the courts or
2009) other forums outside the congressional hall. It is
intendedtoprotectmembersofcongressagainst
government pressure and intimidation aimed at
LEGISLATIVEPRIVILEGES,INHIBITIONSAND influencing the decisionmaking prerogatives of
DISQUALIFICATIONS Congress and its members. (Pobre v. Sen.
DefensorSantiago,A.C.No.7399,Aug.25,2009)



Q: Is Congress considered in session during a
a.PARLIAMENTARYIMMUNITIESAND
recess?
LEGISLATIVEPRIVILEGES


A: No. It is not in session. During a recess, a
Q:Whatisimmunityfromarrest?
congressman who has committed an offense

24
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT

punishable by not more than 6 years Note:Toinvoketheprivilegeofspeech,thematter


imprisonmentmaybearrested. mustbeoralandmustbeproventobeindeed
privileged.
Q:Isthereimmunityfromsearches?
Q:Whatdoesspeechordebateencompass?
A: No. The Constitution provides only a privilege
fromarrestinordertoensuretheattendanceof A:Itincludesavoteorpassageofaresolution,all
Congressmen. the utterances made by Congressmen in the
performance of their functions such as speeches
Q:Whatislegislativeprivilege? delivered,statementsmade,orvotescastsinthe
hallsofCongress.Italsoincludesbillsintroduced
A:Nomembershallbequestionedorheldliable inCongress(whetherornotitisinsession)andall
in any forum other than his/her respective theotherutterances(madeoutsideorinsidethe
Congressional body for any debate or speech in premisesofCongress)providedtheyaremadein
Congress or in any committee thereof. (Sec. 11, accordance with a legislative function. (Jimenez,
Article VI; Pobre v. Sen. Santiago, A.C. No, 7399, v.Cabangbang,G.R.No.L15905,August3,1966)
August25,2009)
Note: The purpose of the privilege is to insure the
Q: What are the limitations on legislative effective discharge of functions of Congress. The
privilege? privilegemaybeabusedbutitissaidthatsuchisnot
so damaging or detrimental as compared to the

denialorwithdrawalofsuchprivilege.
A:

1. Protection is only against forum other
Q: Does publication fall under the scope of
thanCongressitself.Thus,fordefamatory
speech?
remarks,whichareotherwiseprivileged,a

member may be sanctioned by either the
A: No, not all the time. The same shall be made
SenateortheHouseasthecasemaybe.
while Congress is in session and not during its

recess. However, if publication is made when
2. The speech or debate must be made in
Congress is not in session, it is not privileged
performance of their duties as members
because Congressman is said to be not acting as
ofCongress.
congressman. (Jimenez, v. Cabangbang, G.R. No.

L15905,August3,1966)
Q: Can the Sandiganbayan order the preventive

suspension of a Member of the HoR being

prosecuted criminally for the violation of the
b.INCOMPATIBLEANDFORBIDDENOFFICES
AntiGraftandCorruptPracticesAct?

Q: What are the prohibitions attached to a


A:Yes.InParedes,Jr.v.Sandiganbayan,theCourt
legislatorduringhisterm?
held that the accused cannot validly argue that

only his peers in the House of Representatives
A:
can suspend him because the courtordered
1. Incompatible office No senator or
suspension is a preventive measure that is
different and distinct from the suspension member of the House of
Representatives may hold any other
ordered by his peers for disorderly behaviour
office or employment in the
whichisapenalty.(Paredes,Jr.v.Sandiganbayan,
Government, or any subdivision,
GR118354,August8,1995)
agency, or instrumentality thereof,

including government owned and


Q: What are the two (2) requirements for the
controlled corporations or their
privilegeofSpeechandDebatetobeavailedof?
subsidiaries during his term without

forfeiting his seat (Sec. 13, Article VI,


A:
1987Constitution)
1. Thattheremarksmustbemadewhilethe
legislature or the legislative committee is
Note: Forfeiture of the seat in Congress
functioning,thatisinsession
shall be automatic upon the members

assumption of such other office deemed
2. That they must be made in connection incompatible with his seat in Congress.
withthedischargeofofficialduties. However, no forfeiture shall take place if
the member of Congress holds the other

25
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


government office in an exofficio TheauxiliarystatusofaRedCrossSocietymeans
capacity. that it is at one and the same time a private
institution and a public service organization
2. Forbidden office Neither shall a because the very nature of its work implies
senator or a member of the House of cooperation with the authorities, a link with the
Representatives be appointed to any State. In carrying out their major functions, Red
office which may have been created or CrossSocietiesgivetheirhumanitariansupportto
the emoluments thereof increased officialbodies,ingeneralhavinglargerresources
during the term for which he was than the Societies, working towards comparable
elected. (Sec. 13, Art. VI, 1987 endsinagivensector.(Libanv.Gordon,G.R.No.
Constitution) 175352,January18,2011)

Note:Withthis,evenifthememberofthe
Congress is willing to forfeit his seat c.PARLIAMENTARYINHIBITIONS&
therein, he may not be appointed to any DISQUALIFICATIONS
office in the government that has been

created or the emoluments thereof have
Q: What are the particular inhibitions attached
been increased during his term. Such a
totheiroffice?
positionisforbiddenoffice.Thepurposeis
topreventtraffickinginpublicoffice.
A:
The provision does not apply to elective 1. Personally appearing as counsel
offices. beforeanycourtofjusticeorbeforethe
Electoral Tribunals, or quasijudicial or
The appointment of the member of the otheradministrativebodies.(Sec.14)
Congress to the forbidden office is not 2. Upon assumption of office, must make
allowedonlyduringthetermforwhichhe a full disclosure of financial and
waselected,whensuchofficewascreated business interests. Shall notify the
or its emoluments were increased. After Houseconcernedofapotentialconflict
suchterm,andevenifthelegislatorisre ininterestthatmayarisefromthefiling
elected, the disqualification no longer of a proposed legislation of which they
applies and he may therefore be areauthors.(Sec.12,ArticleVI)
appointedtotheoffice.
Q: What are the disqualifications attached to
Q:Whileitisperforminghumanitarianfunctions theirofficeandwhenaretheyapplicable?
asanauxiliarytogovernment,istheStructureof
the Philippine National Red Cross (PNRC) sui A:
generis? APPLICABLE
DISQUALIFICATION
WHEN
A:Yes.ANationalSocietypartakesofasuigeneris Cannot hold any other office
character.ItisaprotectedcomponentoftheRed oremploymentintheGovtor During his term.
CrossmovementunderArticles24and26ofthe any subdivision, agency or If he does so, he
First Geneva Convention, especially in times of instrumentality thereof, forfeits his seat.
armedconflict.Theseprovisionsrequirethatthe including GOCCs or their (Sec. 13, Article
staffofaNationalSocietyshallberespectedand subsidiaries. (Sec. 13, Article VI)
protectedinallcircumstances.Suchprotectionis VI)
notordinarilyaffordedbyaninternationaltreaty If the office was
to ordinary private entities or even non created or the
governmental organizations (NGOs). This sui emoluments
Legislators cannot be
generis character is also emphasized by the thereofincreased
appointed to any office. (Sec.
Fourth Geneva Convention which holds that an during the term
13,ArticleVI)
Occupying Power cannot require any change in for which hewas
elected. (Sec. 13,
the personnel or structure of a National Society.
ArticleVI)
National societies are therefore organizations
Legislators cannot personally
that are directly regulated by international
appear as counsel before any
humanitarian law, in contrast to other ordinary court of justice, electoral During his term
privateentities,includingNGOs. tribunal, quasijudicial and ofoffice.
administrative bodies. (Sec.
14,ArticleVI)

26
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT

Legislators cannot be 4. Called by the President at any time


financially interested directly whenCongressisnotinsession(Sec.15
or indirectly in any contract ofArt.VI).
with or in any franchise, or
special privilege granted by During his term Q:WhatisaMandatoryRecess?
the Government, or any ofoffice.
subdivision agency or A: A mandatory recess is prescribed for the 30
instrumentality thereof,
dayperiodbeforetheopeningofthenextregular
including the GOCC or its
session, excluding Saturdays, Sundays and legal
subsidiary.(Sec.14,ArticleVI)
holidays. This is the minimum period of recess
Whenitisforhis and may be lengthened by the Congress in its
Legislatorscannotintervenein pecuniarybenefit discretion. It may however, be called in special
any matter before any office or where he may
sessionatanytimebythePresident.(Sec.15,Art.
of the Govt. (Sec. 14, Article becalleduponto
VI)
VI) actonaccountof

hisoffice.
Q: What are the instances when Congress is
votingseparatelyandvotingjointly?
Q: Are legislators required to disclose their
assetsandliabilities? A:
Separate Joint
A: Yes. A public officer or employee shall upon

assumption of office and as often thereafter as 1. Choosing the 1. When revoking
may be required by law, submit a declaration President (Sec. 4, or extending the
underoathofhisassets,liabilitiesandnetworth. ArticleVII) proclamation
(Sec.12,Art.VI) 2. Determining suspending the
Presidentsdisability privilege of writ
(Sec.11,ArticleVII) ofhabeascorpus
SESSIONS 3. Confirming (Sec. 18, Article
nomination of Vice VII)
Q:WhenistheregularsessionofCongress? President (Sec. 9, 2. When revoking
ArticleVI) or extending the
A:Congressconvenesonceeveryyearonthe4th 4. Declaring the declaration of
MondayofJuly,unlessotherwiseprovidedforby existence of a state martial law (Sec.
of war in joint 18,ArticleVII).
law. It continues in session for as long as it sees
session (Sec. 23,
fit, until 30 days before the opening of the next
ArticleVI)
regular session, excluding Saturdays, Sundays,
5. Proposing
andlegalholidays.(Sec.15,Art.VI) Constitutional
amendments (Sec.
Q: What are the instances when there are 1,ArticleXVII)
specialsessions?

A: Q:WhataretheinstanceswhenCongressvotes
1. Due to vacancies in the offices of the otherthanmajority?
President and Vice President at 10
oclock a.m. on the third day after the A:
vacancies(Sec.10ofArticleVI) INSTANCESWHEN NUMBEROFVOTES
CONGRESSVOTES REQUIRED
2. To decide on the disability of the 1.Tosuspendorexpela 2/3 of all its members
President because a majority of all the member in accordance (Sec.16,ArticleVI)
members of the cabinet have with its rules and
disputed his assertion that he is able proceedings
to discharge the powers and duties of 2.ToentertheYeasand 1/5 of the members
hisoffice(Sec.11ofArticleVII) naysintheJournal present (Sec. 16 (4),
ArticleVI)
3. To revoke or extend the Presidential
Proclamation of Martial Law or 3. To declare the 2/3 of both houses in
suspension of the privilege of the writ existence of a state of joint session voting
of habeas corpus (Sec. 18 of Art. VII); war separately (Sec. 23,
and ArticleVI)

27
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


4. To repass a bill after 2/3 of the Members of Note: In computing quorum, members who are
Presidentialveto the House where it outside the country and thus outside of each
originated followed by Housesjurisdictionarenotincluded.
2/3 of the Members of
theotherHouse Q:Whatistheeffectifthereisnoquorum?
5. To determine the 2/3 of both Houses
Presidents disability voting separately (Sec. A: In the absence of quorum, each House may
after submissions by 11,ArticleVI) adjourn from day to day and may compel the
both the Cabinet and attendance of absent members in such manner
thePresident and under such penalties as each House may
provide.
Q:Whatistheruleonadjournment?
Note:ThemembersoftheCongresscannotcompel
A: Neither House during the sessions of the absentmemberstoattendsessionsifthereasonof
Congressshall,withouttheconsentoftheother, absence is a legitimate one. The confinement of a
adjourn for more than 3 days, nor to any other Congressman charged with a nonbailable offense
placethanthatinwhichthetwoHousesshallbe (more than 6 years) is certainly authorized by law
sitting.(Sec.16,Art.VI) and has constitutional foundations (People v.
Jalosjos,G.R.No.13287576,February3,2000)
Q:Whatisadjournmentsinedie?

A: Interval between the session of one Congress b.MAJORITYVOTE
andthatofanother.
Q:Whatdoesmajorityvotemean?

INTERNALGOVERNMENTOFCONGRESS A: Majority refers to more than half of the total
or aggregate. Although the Constitution provides
Q:WhoaretheelectedofficersofCongress? that the Speaker and the Senate President shall
be elected by a majority of all members, the
A: Constitutiondoesnotprovidethatthosewhowill
1. SenatePresident notvoteforthewinner(bymajorityvote)areipso
2. SpeakeroftheHouse facto the minority who can elect the minority
3. Such officers as deemed by each house to leader. Majority votes pertain only to such
benecessary number or quantity as may be required to elect
anaspirantassuch.Thereisnoindicationthatby
Q:Howiselectionofofficersdone? suchelection,thehousesarealreadydividedinto
themajoritycampandtheminoritycamp.
A: By a majority vote of all respective members
(Section16,Art.VI). Majorityvotereferstothepoliticalpartywiththe
most number of backings; refer to the party,
faction or organization with the most number of
a.QUORUM votes but not necessarily more than one half
(plurality). (Santiago v. Guingona, G.R. No.
Q:Whatisaquorum? 134577,November18,1998)

A: A quorum is such number which enables a Q: Can the courts intervene in the
body to transact its business. It is such number implementation of the internal rules of
which makes a lawful body and gives such body Congress?
thepowertopassalaworordinanceoranyvalid
actthatisbinding. A: No. As part of their inherent power, Congress
candeterminetheirownrules.Hence,thecourts
AlternativeAnswer: cannot intervene in the implementation of these
rules insofar as they affect the members of
Quorum is based on the proportion between Congress(Osmeav.Pendatun,G.R.NoL17144,
those physically present and the total October28,1960)
membershipofthebody.
Note:CorollarytoCongresspowertomakerulesis
the power to ignore the same rules when
circumstancessorequire.

28
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT

DISCIPLINEOFMEMBERS proclamation declaring a particular candidate as


thewinner.
Q: May each house of congress punish its
membersfordisorderlybehavior? Note: The electoral tribunal has rulemaking power
(Lazatinv.HRET,G.R.No.L84297,Dec.8,1988).
A: Yes. Each house may punish its members for
disorderlybehaviorand,withconcurrenceof2/3 It is independent of the Houses of Congress and its
ofallitsmembers,suspend,fornotmorethan60 decisions may be reviewed by the Supreme Court
onlyuponshowingofgraveabuseofdiscretion.
days,orexpelamember.

ThemerefactthatthemembersofeithertheSenate
Q: What is contemplated by disorderly or the House sitting on the electoral tribunal are
behavior? thosewhicharesoughttobedisqualifiedduetothe
filing of an election contest against them does not
A: The interpretation of the phrase disorderly warrant all of them from being disqualified from
behavior is the prerogative of the House sittingintheET.
concerned and cannot be judicially reviewed
(Osmea v. Pendatun, G.R. No. L17144, Oct. 28, Q:Whatisanelectioncontest?
1960).
A: Where a defeated candidate challenges the
Note:MembersofCongressmayalsobesuspended qualificationandclaimsforhimselftheseatofthe
by the Sandiganbayan or by the Office of the proclaimedwinner.
Ombudsman. The suspension in the Constitution is
differentfromthesuspensionprescribedinRA3019, Note: In the absence of an election contest, ET is
AntiGraftandCorruptPracticesAct.Thelatterisnot withoutjurisdiction.
apenaltybutapreliminarypreventivemeasureand
isnotimposeduponthepetitionerformisbehaviour Once a winning candidate has been proclaimed,
as a member of Congress. (Santiago v. taken hisoath, andassumedoffice as a member of
Sandiganbayan,G.R.No.128055,Apr.18,2001). the HoR, COMELECs jurisdiction over election
contests relating to his election, returns, and
ELECTORALTRIBUNALANDTHECOMMISSION qualification ends, and the HRETs own jurisdiction
ONAPPOINTMENTS begins. The phrase election, returns, and
qualificationsshouldbeinterpretedinitstotalityas
a.CONGRESSIONALELECTORALTRIBUNAL referring to all matters affecting the validity of the
contestees title. (VinzonsChato v. COMELEC, G.R.
Q: What is the composition of the electoral No.172131,Apr.2,2007)
tribunal(ET)?
Q: In the absence of election contest, what
A: powerdoeseachHousehaveoveritsmembers?
1. 3SupremeCourtJusticesdesignatedby
theChiefJustice A:ThepowerofeachHousetoexpelitsmembers
or even to defer their oath taking until their
2. 6 members of the Chamber concerned qualifications are determined may still be
(Senate or HoR) chosen on thebasis of exercisedevenwithoutanelectioncontest.
proportional representation from the
political parties and parties registered Q: Imelda ran for HoR. A disqualification case
underthepartylistsystem(Sec.17,Art. was filed against her on account of her
VI). residence.Thecasewasnotresolvedbeforethe
election.Imeldawontheelection.However,she
Note: The senior Justice in the Electoral Tribunal was not proclaimed. Imelda now questions the
shallbeitschairman. COMELECs jurisdiction over the case. Does the
COMELEChavejurisdictionoverthecase?
Q: What is the jurisdiction of the Electoral
Tribunals? A:Yes.HRETsjurisdictionasthesolejudgeofall
contestsrelatingtoelections,etc.ofmembersof
A: Each electoral tribunal shall be the sole judge Congress begins only after a candidate has
of all contests relating to the election, returns, become a member of the HoR. Since Imelda has
and qualifications of their respective members notyetbeenproclaimed,sheisnotyetamember
(Sec.17,Art.VI,1987Constitution).Thisincludes of the HoR. Thus, COMELEC retains jurisdiction.
determining the validity or invalidity of a

29
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


(RomualdezMarcos v. COMELEC, G.R. No. Q: Can the ET meet when Congress is not in
119976,Sept.18,1995) session?

Q: Does the HRET have authority to pass upon A:Yes.UnliketheCommissiononAppointments,
theeligibilitiesofthenomineesofthepartylist the ET shall meet in accordance with their rules,
groupsthatwoninthelowerhouseofCongress? regardless of whether Congress is in session or
not.
A: Yes. By analogy with the cases of district
representatives,oncethepartyororganizationof Q:IsthereanappealfromtheETsdecision?
the partylist nominee has been proclaimed and
the nominee has taken his oath and assumed A: No. Sec. 17 of Art. VI provides that the
office as member of the HoR, the COMELECs SET/HRETisthesolejudgeofallcontests.Hence,
jurisdiction over election contests relating to his fromitsdecision,thereisnoappeal.Appealisnot
qualifications ends and the HRETs own aconstitutionalbutmerelyastatutoryright.
jurisdiction begins. (Abayon v. HRET, G.R. No.
189466,Feb.11,2010) Q:Isthereanyremedyfromitsdecision?

Q:Whatarethevalidgroundsorjustcausesfor A: Yes. A special civil action for certiorari under
terminationofmembershiptothetribunal? Rule65oftheRulesofCourtmaybefiled.Thisis
basedongraveabuseofdiscretionamountingto
A: lack or excess of jurisdiction. This will be filed
1. ExpirationofCongressionaltermofOffice beforetheSupremeCourt.
2. Deathorpermanentdisability
3. Resignation from the political party he
representsinthetribunal b.COMMISSIONONAPPOINTMENTS(CA)
4. Formal affiliation with another political
party Q: What is the composition of the Commission
5. Removalfromofficeforothervalidreasons. onAppointments(CA)?
(Bondocv.Pineda,G.R.No.97710,Sept.26, A:
1991) 1. SenatePresidentasexofficiochairman
2. 12Senators
Q: Rep. Camasura was a member of the HRET. 3. 12membersoftheHoR(Sec.18,Art.VI)
There was an electoral contest involving his
partymate and Bondoc. The party instructed Note: A political party must have at least 2 elected
him to vote for his partymate. However, Rep. senators for every seat in the Commission on
Camasura cast a conscience vote in Bondocs Appointments. Thus, where there are two or more
favor. Thus, the party expelled him from HRET politicalpartiesrepresentedintheSenate,apolitical
on the grounds of disloyalty to the party and party/coalition with a single senator in the Senate
breach of party discipline. Was the expulsion cannot constitutionally claim a seat in the
valid? CommissiononAppointments.Itisnotmandatoryto
elect 12 senators to the Commission; what the
Constitutionrequiresisthattheremustbeatleasta
A:No.SET/HRETmembersareentitledtosecurity
majorityoftheentiremembership.(Guingona,Jr.v.
of tenure to ensure their impartiality and
Gonzales,G.R.No.106971,October20,1992)
independence.Asjudgemembersofthetribunal,

they must be nonpartisan, they must discharge
Q: How are the 12 Senators and 12
their functions with complete detachment;
Representativeschosen?
independence and impartiality, even from the

party to which they belong. Thus, disloyalty to
A: The members of the Commission shall be
partyandbreachofpartydisciplinearenotvalid
elected by each House on the basis of
grounds for expelling a tribunals member. The
proportional representation from the political
members are not supposed to vote along party
partyandpartylist.Accordingly,thesenseofthe
linesonce appointed. (Bondoc v. Pineda, G.R.
Constitution is that the membership in the
No.97710,Sept.26,1991)
CommissiononAppointmentmustalwaysreflect

political alignments in Congress and must
Note:AmembermaynotbeexpelledbytheHoRfor
thereforeadjusttochanges.Itisunderstoodthat
party disloyalty short of proof that he has formally
affiliatedwithanotherpoliticalgroup. such changes in party affiliation must be
permanent and not merely temporary alliances
(Daza v. Singson, G.R. No. 86344, December 21,

30
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT

1989).Endorsementisnotsufficienttogetaseat disapproval by the CA or until the next


inCOA. adjournment of Congress (Sarmiento III
v. Mison, G.R. No. L79974, December
Note: The provision of Sec. 18, Art. VI of the 17,1987)
Constitution, on proportional representation is
mandatory in character and does not leave any Q: What are the guidelines in the meetings of
discretion to the majority party in the Senate to theCA?
disobey or disregard the rule on proportional
representation;otherwise,thepartywithamajority A:
representationintheSenateortheHoRcanbysheer 1. Meetings are held either at the call of
force of numbers impose its will on the hapless
the Chairman or a majority of all its
minority.Byrequiringaproportionalrepresentation
members.
intheCA,Sec.18ineffectworksasacheckonthe
majoritypartyintheSenateandhelpsmaintainthe
2. Since the CA is also an independent
balance of power. No party can claim more than constitutional body, its rules of
whatitisentitledtoundersuchrule(Guingona,Jr.v. procedurearealsooutsidethescopeof
Gonzales,G.R.No.105409,Mar.1,1993). congressionalpowersaswellasthatof
the judiciary. (Bondoc v. Pineda, G.R.
Q:WhatisthejurisdictionoftheCA? No.97710,Sept.26,1991)

A: CA shall confirm the appointments by the Note:TheETandtheCAshallbeconstitutedwithin
Presidentwithrespecttothefollowingpositions: 30 days after the Senate and the HoR shall have
HAPCOO been organized with the election of the Senate
PresidentandtheSpeakeroftheHouse.
1. Heads of the Executive departments.
(exceptifitistheVicePresidentwhois
appointedtothepost) POWERSOFCONGRESS
2. Ambassadors, other Public ministers or
Consuls a.LEGISLATIVEPOWER
3. Officers of the AFP from the rank of
colonelornavalcaptain Q:WhatarethelegislativepowersofCongress?
4. Other officers whose appointments are
vested in him by the Constitution (i.e. A:
COMELEC members) (Bautista v. 1. Generalplenarypower(Sec.1,Art.VI)
Salonga,G.R.No.86439,April13,1989) 2. Specificpowerofappropriation
3. Taxationandexpropriation
Q:Whataretherulesonvoting? 4. Legislativeinvestigation
5. Questionhour
A:
1. The CA shall rule by a majority vote of Q:WhatisLegislativePower?
allthemembers.
2. The chairman shall only vote in case of A: It is the power or competence of the
tie. legislativetopropose,enact,ordain,amend/alter,
3. The CA shall act on all appointments modify,abrogateorrepeallaws.Itisvestedinthe
within 30 session days from their Congress which shall consist of a Senate and a
submissiontoCongress(Sec.18,Art.VI) House of Representatives, except to the extent
reserved to the people by the provision on
Q:Whatarethelimitationsonconfirmation? initiativeandreferendum.

A: Q:Whatarethelimitationsofsuchpower?
1. Congress cannot by law prescribe that
the appointment of a person to an A:
officecreatedbysuchlawbesubjectto 1.SUBSTANTIVE
confirmationbytheCA. a.Express:
i. Bill of Rights (Article III, 1987
2. Appointments extended by the Constitution)
President to the abovementioned ii. On Appropriations (Sections 25 and
positions while Congress is not in 29paragraphs1and2,ArticleVI)
session shall only be effective until iii. On taxation (Sections 28 and 29,
paragraph3,ArticleVI)

31
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


iv. On Constitutional appellate one involving purely local or municipal matters,
jurisdiction of SC (Section 30, Article likeacharterofacity.
VI)
v. No law granting title of royalty or Q:Whatareprivatebills?
nobility shall be passed (Section 31,
ArticleVI) A:Thosewhichaffectprivatepersons,suchasfor
vi. No specific funds shall be instance a bill granting citizenship to a specific
appropriated or paid for use or foreigner(BernasCommentary,p.748,2003).
benefit of any religion, sect, etc.,
except for priests, etc., assigned to Q:Howareprivatebillsillustrated?
AFP, penal institutions, etc. (Sections
29,paragraph2,ArticleVI) A:Theyareillustratedbyabillgrantinghonorary
b.Implied: citizenship to a distinguished foreigner (Cruz,
i. Prohibitionagainstirrepealablelaws PhilippinePoliticalLaw,p.155,1995).
ii. Nondelegationofpowers
Note: Every bill shall embrace only one subject, as
2.PROCEDURAL expressed in the title thereof, which does not have
a. Only one subject, to be stated in the to be a complete catalogue of everything stated in
titleofthebill(Sec.26,par.1,ArticleVI) thebill.Atitleexpressingthegeneralsubjectofthe
b. Three (3) readings on separate days; billandalltheprovisionsofthestatutearegermane
printedcopiesofthebillinitsfinalform tothegeneralsubjectissufficient.
distributed to members 3 days before
itspassage,exceptifPresidentcertifies
to its immediate enactment to meet a b.POWEROFAPPROPRIATION
public calamity or emergency; upon its
last reading, no amendment allowed Q:Whatisthepowerofappropriation?
and the vote thereon taken
immediately and the yeas and nays A:Thespendingpower,calledthepowerofthe
entered into the Journal (Section 26, purse belongs to Congress, subject only to the
paragraph2,ArticleVI) vetopowerofthePresident.Itcarrieswithitthe
c. Appropriation bills , revenue bills, tariff power to specify the project or activity to be
bills, bills authorizing the increase of fundedundertheappropriationlaw.
publicdebt,billsoflocalapplicationand
privatebillsshalloriginateexclusivelyin Q:Whatisanappropriationlaw?
the House of Representatives. (Section
24,Art.VI) A:Astatute,theprimaryandspecificpurposeof
whichistoauthorizereleaseofpublicfundsfrom
Q:Whatisanappropriationbill? thetreasury.

A:Itisabill,theprimaryandspecificaimofwhich Q:Whatisbudget?
istoappropriateasumofmoneyfromthepublic
treasury. A: Financial program of the national government
for the designated calendar year, providing for
Note:Abillcreatinganewoffice,andappropriating the estimates of receipts of revenues and
fundsforitisnotanappropriationbill. expenditures.

Q:Whatisarevenuebill? Q: What are the classifications of
appropriations?
A: A revenue bill is one specifically designed to
raise money or revenue through imposition or A:
levy. 1. General appropriation law passed
annually, intended for the financial
Q:Whatisabilloflocalapplication? operations of the entire government
duringonefiscalperiod;
A: It is one which is limited to specific localities,
such as for instance the creation of a town 2. Specialappropriationlawdesignedfor
(Bernas Commentary, p. 748, 2003). Hence, it is aspecificpurpose

32
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT

Q: TawiTawi is a predominantly Muslim matter of appropriation is lodged in the Congress.


province.TheGovernor,theViceGovernor,and (Philippine Constitution Association v. Enriquez, G.R.
members of its Sangguniang Panlalawigan are No.113105,August19,1994)
all Muslims. Its budget provides the Governor
withacertainamountashisdiscretionaryfunds. Q:MayCongressmodifythebudgetproposedby
Recently, however, the Sangguniang thePresident?
Panlalawigan passed a resolution appropriating
P100,000 as a special discretionary fund of the A: Yes. However, Congress may only reduce but
Governor, to be spent by him in leading a notincreasethebudget.
pilgrimageofhisprovincematestoMecca,Saudi
Arabia,Islam'sholiestcity. Q:MayCongressincreaseitsoutlayforitself,the
JudiciaryandotherConstitutionalbodies?
Philconsa, on constitutional grounds, has filed
suittonullifytheresolutionoftheSangguniang A: No, because it is presumed that their needs
Panlalawigan giving the special discretionary have already been identified while drafting the
fund to the Governor for the stated purpose. budget.
How would you decide the case? Give your
reasons. Note:Congressmaynotdecreasetheappropriation
fortheJudiciarybelowtheamountappropriatedfor
A:Theresolutionisunconstitutional. thepreviousyear.
1.)First,itviolatesArt.VI,Sec.29(2)of
the Constitution which prohibits the
appropriation of public money or c.LEGISLATIVEINQUIRIES
property, directly or indirectly, for the
use,benefitorsupportofanysystemof Q: What does Section 21, Article VI of the
religion; Constitutionprovide?
2.) Second, it contravenes Art. VI, Sec,
25(6) which limits the appropriation of A:TheSenateortheHouseofRepresentativesor
discretionary funds only for public any of its respective committees may conduct
purposes. inquiries in aid of legislation in accordance with
its duly published rules of procedure. The rights
Theuseofdiscretionaryfundsforpurelyreligious of persons appearing in, or affected by, such
purposeisthusunconstitutional,andthefactthat inquiriesshallberespected.
thedisbursementismadebyresolutionofalocal
legislative body and not by Congress does not Note: In aid of legislation does not mean that
make it any less offensive to the Constitution. thereispendinglegislationregarding the subject of
theinquiry.Infact,investigationmaybeneededfor
Above all, the resolution constitutes a clear
purposesofproposingfuturelegislation.
violation of the Nonestablishment Clause of the
Constitution. If the stated purpose of the investigation is to
determineheexistenceofviolationsofthelaw,the
Q:Whoshallproposethebudget? investigation is no longer in aid of legislation but
inaidorprosecution.Thisviolatestheprincipleof
A: The President shall propose the budget and separation of powers and is beyond the scope of
submit it to Congress. It shall indicate the Congressionalpowers.
expenditures, sources of financing as well as
receipts from previous revenues and proposed Q: What is the scope of subject matter of the
revenue measures. It will serve as a guide for powertoconductinquiriesinaidoflegislation?
Congress:
A:Indefinite.Thefieldoflegislationisverywide
1. Infixingtheappropriations; as compared to that of the American Congress.
2. In determining the activities which And because of such, the field of inquiry is also
shouldbefunded.(Section22,Art.VII) verybroad.Itmaycoveradministrativeinquiries,
social, economic, political problem (inquiries),
Note:Theproposesubjectisnotfinal.Itissubjectto disciplineofmembers,etc.Sufficeittosaythatit
the approval of Congress but the President may iscoextensivewithlegislative power.(Arnaultv.
exercise his or her veto power. Accordingly, the Nazareno,G.R.No.L3820,July18,1950)
powerofthepursebelongstoCongress,subjectonly
to the veto power of the President. The President
mayproposethebudgetbutstillthefinalsayonthe

33
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


Note: Investigatorial Power is not the legislature (Lopez v. Delos Reyes
absolute;subjectjudicialreviewinviewof G.R.No.L3436,1Nov.5,1930).
the expanded power of the court to
determine whether there has been grave 6. Congressmaynolongerinquireintothe
abuse of discretion amounting to lack or same justiciable controversy already
excessofjurisdiction. before the court (Bengzon v. Blue
Ribbon Committee, G.R. No. 89914,
The power of inquiry is an essential and Nov.20,1991)
appropriate auxiliary to the legislative action
(Arnault v. Nazareno, G.R. No. L3820, Jul. 18, Q: Senator Enrile accused the Vice Chairman of
1950). It has been remarked that the power of the Standard Chartered Bank of violating the
legislative investigation may be implied from the Securities Regulation Code for selling
express power of legislation and does not itself unregistered foreign securities. This has led the
havetobeexpresslygranted. Senate to conduct investigation in aid of
legislation. SCB refused to attend the
Q: What are the limitations on legislative investigation proceedings on the ground that
investigation? criminalandcivilcasesinvolvingthesameissues
werependingincourts.Decide.
A:
1. Constitutional rights to counsel and A: The mere filing of a criminal or an
against self incrimination even if the administrative complaint before a court or a
investigation is not a criminal quasijudicial body should not automatically bar
investigation, the information divulge the conduct of legislative investigation.
therein may be used in criminal Otherwise,itwouldbeextremelyeasytosubvert
prosecution(UnderSec.21,Art.VI,itis any intended inquiry by Congress through the
provided that the rights of 1987 convenient ploy of instituting a criminal or an
Constitution, the persons appearing in administrative complaint. Surely, the exercise of
or affected by such inquiries shall be sovereign legislative authority, of which the
respected) power of legislative inquiry is an essential
component, can not be made subordinate to a
2. TheRulesofprocedurestobefollowed criminal or an administrative investigation.
in such inquiries shall be published for (Standard Chartered Bank v. Senate, G.R. No.
the guidance of those who will be 167173,Dec.27,2007)
summoned. This must be strictly
followed so that the inquiries are Q: Distinguish the abovementioned case from
confinedonlytothelegislativepurpose. the case of Bengzon v. Senate Blue Ribbon
Thisisalsotoavoidabuses. Committee.

3. The investigation must be in aid of A: It is true that in Bengzon, the Court declared
legislation. that the issue to be investigated was one over
which jurisdiction had already been acquired by
4. Congress may not summon the theSandiganbayan,andtoallowthe[SenateBlue
President as witness or investigate the Ribbon] Committee to investigate the matter
latter in view of the doctrine of would create the possibility of conflicting
separation of powers except in judgments; and that the inquiry into the same
impeachmentcases. justiciable controversy would be an
encroachmentontheexclusivedomainofjudicial
Note:ItisthePresidentsprerogativeto jurisdictionthathadsetinmuchearlier.
divulgeornottheinformationwhichhe
deems confidential or prudent in the Totheextentthat,inthecaseatbench,thereare
publicinterest. a number of cases already pending in various
courts and administrative bodies involving the
5. Congress may no longer punish the petitioners, relative to the alleged sale of
witness in contempt after its final unregistered foreign securities, there is a
adjournment.Thebasisofthepowerto resemblance between this case and Bengzon.
imposesuchpenaltyistherighttoself However,thesimilarityendsthere.
preservation. And such right is
enforceableonlyduringtheexistenceof

34
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT

CentraltotheCourtsrulinginBengzonthatthe Q: Distinguish question hour from legislative


Senate Blue Ribbon Committee was without any investigation.
constitutional mooring to conduct the legislative
investigation was the Courts determination A:
that the intended inquiry was not in aid of LEGISLATIVE
QUESTIONHOUR
legislation. The Court found that the speech of INVESTIGATION
(SEC.22,ART.VI,
Senator Enrile, which sought such investigation (SEC.21,ART.VI,
1987CONSTITUTION)
contained no suggestion of any contemplated 1987CONSTITUTION)
legislation; it merely called upon the Senate to Astopersonswhomayappear
look into possible violations of Sec. 5, R.A. No. Onlyadepartmenthead Anyperson
3019. Thus, the Court held that the requested Astowhoconductstheinvestigation
probe failed to comply with a fundamental Entirebody Committees
requirement of Sec. 21, Article VI of the
Astosubjectmatter
Constitution.(StandardCharteredBankv.Senate,
G.R.No.167173,Dec.27,2007) Mattersrelatedtothe Anymatterforthe
departmentonly purposeoflegislation
Q:DoesCongresshavethepowertocitepersons
incontempt?
d.POWEROFOVERSIGHT
A:Yes.EveniftheConstitutiononlyprovidesthat
Congress may punish its members for disorderly Q:WhatisthepowerofoversightofCongress?
behaviororexpelthesame,itisnotanexclusion
ofpowertoholdotherpersonsincontempt. A: The power of oversight embraces all activities
undertaken by Congress to enhance its
Note: Congress has the inherent power to punish understanding of and influence over the
recalcitrant witnesses for contempt, and may have implementation of legislation it has enacted. It
themincarcerateduntilsuchtimethattheyagreeto concerns postenactment measures undertaken
testify. The continuance of such incarceration only by Congress. (Macalintal v. COMELEC, G.R. No.
subsistsforthelifetime,orterm,ofsuchbody.Thus, 157013July10,2003,[SeparateopinionofJustice
each House lasts for only 3 years. But if one is Puno])
incarcerated by the Senate, it is indefinite because
theSenate,withitsstaggeredterms,isacontinuing Q:Whatisthescopeofthepowerofoversight?
body.

A:To:
Q: Does the pardoning power of the President
1. Monitor bureaucratic compliance with
applytocasesoflegislativecontempt?
programobjectives

2. Determine whether agencies are


A: No. It is a limitation on the Presidents power
properlyadministered
topardonbyvirtueofthedoctrineofseparation
3. Eliminate executive waste and
ofpowers.
dishonesty

4. Prevent executive usurpation of


Q:Whatisthesocalledquestionhour?
legislativeauthority

5. Assess executive conformity with the


A:Theheadsofdepartmentsmayupontheirown
congressional perception of public
initiative with the consent of the President, or
interest. (Macalintal v. COMELEC, G.R.
upontherequestofeitherHouse,astherulesof
No. 157013, Jul. 10, 2003, [Separate
each house shall provide, appear before and be
opinionofJusticePuno])
heardbysuchHouseonanymatterpertainingto

their departments. Written questions shall be
Q: What are the bases of oversight power of
submitted to the President of the Senate or the
Congress?
Speaker of the HoR at least 3 days before their

scheduled appearance. Interpellations shall not
A:Thepowerofoversighthasbeenheldtobe:
belimitedtowrittenquestions,butitmaycover

mattersrelatedthereto.Whenthesecurityofthe
1. Intrinsicinthegrantoflegislativepower
State or the public interest so requires, the
itself
appearance shall be conducted in executive
2. Integral to the system of checks and
session(Sec.22,Art.VI,1987Constitution)
balances

3. Inherent in a democratic system of


government

35
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


Q: What are the categories of Congressional enforcing,applyingorimplementingitsownlaws.
OversightFunctions? Thus, legislative veto is not allowed in the
Philippines.(ABAKADAGuroPartylistv.Purisima,
A: G.R.No.166715,Aug.14,2008)
1. Scrutinyimplies a lesser intensity and
continuity of attention to administrative Q: Can Congress exercise discretion to approve
operations. Its primary purpose is to determine or disapprove an IRR based on a determination
economy and efficiency of the operation of ofwhetherornotitconformedtothelaw?
government activities. In the exercise of
legislative scrutiny, Congress may request A: No. In exercising discretion to approve or
information and report from the other branches disapprove the IRR based on a determination of
of government. It can give recommendations or whetherornotitconformedtothelaw,Congress
pass resolutions for consideration of the agency arrogated judicial power unto itself, a power
involved. It is based primarily on the power of exclusively vested in the Supreme Court by the
appropriationofCongress.Butlegislativescrutiny Constitution. Hence, it violates the doctrine of
does not end in budget hearings. Congress can separation of powers. (ABAKADA Guro Partylist
ask the heads of departments to appear before v.Purisima,G.R.No.166715,Aug.14,2008)
andbeheardbyeithertheHouseofCongresson
any matter pertaining to their department. Q: May the Senate be allowed to continue the
Likewise, Congress exercises legislative scrutiny conduct of a legislative inquiry without a duly
thru its power of confirmation to find out publishedrulesofprocedure?
whether the nominee possesses the necessary
qualifications,integrityandprobityrequiredofall A: No. The phrase duly published rules of
publicservants. procedurerequirestheSenateofeveryCongress
to publish its rules of procedure governing
2. Congressional investigationinvolves a more inquiries in aid of legislation because every
intense digging of facts. It is recognized under Senate is distinct from the one before it or after
Section 21, Article VI. Even in the absence of it. (Garcillano v. House of Representatives
constitutionalmandate,ithasbeenheldtobean Committee on Public Information, G.R. No.
essential and appropriate auxiliary to the 170338,Dec.23,2008)
legislativefunctions.
Q: Is the present (2008) Senate a continuing
3. Legislative supervisionit connotes a legislativebody?
continuing and informed awareness on the part
of congressional committee regarding executive A: The present Senate under the 1987
operations in a given administrative area. It Constitution is no longer a continuing legislative
allows Congress to scrutinize the exercise of body. The present Senate has 24 members,
delegated lawmaking authority, and permits twelve of whom are elected every 3 years for a
Congress to retain part of that delegated term of 6 years each. Thus, the term of 12
authority. Senatorsexpiresevery3years,leavinglessthana
majority of Senators to continue into the next
Q: What is legislative veto? Is it allowed in the Congress (Garcillano v. House of Representatives
Philippines? CommitteeonPublicInformation,etal.,G.R.No.
170338,Dec.23,2008).
A: Legislative veto is a statutory provision
requiring the President or an administrative Note: There is no debate that the Senate as an
agency to present the proposed IRR of a law to institutionis"continuing",asitisnotdissolvedasan
Congresswhich,byitselforthroughacommittee entity with each national election or change in the
formed by it, retains a right or power to composition of its members. However, in the
approve or disapprove such regulations before conduct of its daytoday business the Senate of
theytakeeffect.Assuch,alegislativevetointhe eachCongressactsseparatelyandindependentlyof
formofacongressionaloversightcommitteeisin theSenateoftheCongressbeforeit.

the form of an inwardturning delegation
Undeniably, all pending matters and proceedings,
designed to attach a congressional leash to an
i.e.unpassedbillsandevenlegislativeinvestigations,
agency to which Congress has by law initially oftheSenateofaparticularCongressareconsidered
delegated broad powers. It radically changes the terminatedupontheexpirationofthatCongressand
design or structure of the Constitutions diagram itismerelyoptionalontheSenateofthesucceeding
ofpowerasitentruststoCongressadirectrolein Congresstotakeupsuchunfinishedmatters,notin

36
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT

thesamestatus,butasifpresentedforthefirsttime. surprise or fraud upon the legislature, and to fairly


The logic and practicality of such a rule is readily appraise the people. (Central Capiz v. Ramirez, G.R.
apparent considering that the Senate of the No.16197,March12,1920)
succeeding Congress (which will typically have a
different composition as that of the previous Q:Whendoesabillbecomealaw?
Congress) should not be bound by the acts and
deliberations of the Senate of which they had no A:
part.(Neriv.SenateCommitteeonAccountabilityof 1. ApprovedandsignedbythePresident
Public Officers and Investigations, GR. No. 180643, 2. Presidential veto overridden by 2/3
Sept.4,2008) voteofallmembersofbothHouses
3. Failure of the President to veto the bill
Q:Whatisitsconsequence? and to return it with his objections to
the House where it originated, within
A:TheconsequenceisthattheRulesofProcedure 30daysafterthedateofreceipt
must be republished by the Senate after every 4. A bill calling a special election for
expiryofthetermofthe12Senators(Garcillano PresidentandVicePresidentunderSec.
v. House of Representatives Committee on Public 10. Art. VII becomes a law upon third
Information,G.R.No.170338,Dec.23,2008) readingandfinalreading

Q:IsthepublicationoftherulesintheInterneta Q: What are the Rules regarding the Passage of
validpublication? Bills?

A: The invocation of the Senators of the A:
Provisions of The Electronic Commerce Act of 1. NobillpassedbyeitherHouseshallbecome
2000, to support their claim of valid publication alawunlessithaspassedthreereadingson
through the internet as all the more incorrect. separatedays.
The law merely recognizes the admissibility in
evidence of electronic data messages and/or 2. Printed copies of the bill in its final form
electronic documents. It does not make the shouldbedistributedtotheMembers3days
internet a medium for publishing laws, rules and before its passage (except when the
regulations. (Garcillano v. House of President certifies to the necessity of its
RepresentativesCommitteeonPublicInformation, immediate enactment to meet a public
G.R.No.170338,Dec.23,2008) calamityoremergency)

3. Upon the last reading of a bill, no
LEGISLATIVEPROCESSANDTHEBICAMERAL amendmenttheretoshallbeallowed.
CONFERENCECOMMITTEE
4. The vote on the bill shall be taken
Q:WhatistheDoctrineofShiftingMajority? immediatelyafterthelastreadingofabill.

A:ForeachHouseofCongresstopassabill,only 5. Theyeasandthenaysshallbeenteredinthe
thevotesofthemajorityofthosepresentinthe Journal.
session,therebeingaquorum,isrequired.
XPN: The certification of the President dispenses
Note: The basis for determining the existence of a with the reading on separate days and the
quorum in the Senate shall be the total number of printingofthebillinthefinalformbeforeitsfinal
Senatorswhoarewithinthecoercivejurisdictionof
approval. (Tolentino v. Secretary of Fincance,
theSenate(Avelinov.Cuenco,G.R.No.L2821,Mar.
G.R.No.115455,October30,1995)
4,1949).

Note:Alldecreeswhicharenotinconsistentwith
Q: What is the socalled one billone subject
the Constitution remain operative until they are
rule?
amendedorrepealed.(Guingonav.Carague,G.R.

No.94571,April22,1991)
A:EverybillpassedbytheCongressshallembrace

only one subject. The subject shall be expressed
Q: How many readings must a bill undergo
inthetitleofthebill.Thisruleismandatory.
beforeitmaybecomealaw?


Note: The purpose of such rule is (1) to prevent
hodgepodge or logrolling legislation, (2)toprevent A:Eachbillmustpass3readingsinbothHouses.

37
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


GR: Each reading shall be held on separate (Tolentino v. Secretary of Finance, G.R. No,
days and printed copies thereof in its final 115455,August25,1994)
form shall be distributed to its Members, 3
daysbeforeitspassage. Q: When does the law take effect?

XPN: If a bill is certified as urgent by the A:Alawmustbepublishedasaconditionforits
Presidentastothenecessityofitsimmediate effectivityandinaccordancewithArticle2ofthe
enactment to meet a public calamity or Civil Code, it shall take effect fifteen days
emergency,the3readingscanbeheldonthe followingthecompletionofitspublicationinthe
sameday.(Sec.26,Art.VI) Official Gazette or in a newspaper of general
circulationunlessitisotherwiseprovided.(GRL
Q:Whatarethereasonsforthethreereadings? 63915,December29,1986)

A:
1. To address the tendency of legislators, (on LIMITATIONSONLEGISLATIVEPOWER
the last day of the legislative year when
legislatorswereeagertogohome) a.LIMITATIONSONREVENUE,APPROPRIATION
2.Torushbillsthrough ANDTARIFFMEASURES
3. To insert alters which would not otherwise
standscrutinyinleisurelydebate. Q:Whataretheconstitutionallimitationsonthe
legislatives power to enact laws on revenue,
Q:Whatisthepurposeoftheconstitutionofthe appropriationandtariffmeasures?
BicameralConferenceCommittee?
A:
A: A Conference Committee is constituted and is 1. All appropriation, revenue or tariff bills, bills
composed of Members from each House of authorizing increase of the public debt, bills of
Congress to settle, reconcile or thresh out local application, and private bills, shall originate
differencesordisagreementsonanyprovisionof exclusively in the House of Representatives, but
thebill. the Senate may propose or concur with
amendments.(Sec.24,Art.VI)
Q: If the version approved by the Senate is
different from that approved by the House of Note:TheinitiativeforfilingofARTbillsmustcome
Representatives, how are the differences fromtheHouse,butitdoesnotprohibitthefilingin
reconciled? the Senate of a substitute bill in anticipation of its
receipt of the bill from the House, so long as the
A. In a bicameral system, bills are independently actionbytheSenateiswithheldpendingthereceipt
processed by both Houses of Congress. It is not of the House bill (Tolentino v. Sec. of Finance, G.R.
unusual that the final version approved by one No.115455,Aug.25,1994).
House differs from what has been approved by
theother. 2.ThePresidentshallhavethepowertovetoany
particular item or items in an appropriation,
The conference committee, consisting of revenue,ortariffbill,butthevetoshallnotaffect
members nominated from both Houses, is an the item or items to which he does not object.
extraconstitutional creation of Congress whose (Section27[2],Art.VI)
function is to propose to Congress ways of
reconciling conflicting provisions found in the Q: What are the implied limitations on
SenateversionandintheHouseversionofabill. appropriationpower?
(ConcurringandDissentingOpinion,J.Callejo,Sr.,
G.R.No.168056,September1,2005) A:
1. Mustspecifypublicpurpose
Q: Are the conferees limited to reconciling the 2. Sum authorized for release must be
differencesinthebill? determinate, or at least determinable.
(Guingona v. Carague, G.R. No. 94571,
A: The conferees are not limited to reconciling April22,1991)
thedifferencesinthebillbutmayintroducenew
provisionsgermanetothesubjectmatterormay Q: What are the constitutional limitations on
report out an entirely new bill on the subject. specialappropriationsmeasures?

38
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT

A: year,thegeneralappropriationslawfor
1. Must specify public purpose for which the preceding fiscal year shall be
thesumwasintended deemed reenacted and shall remain in
force and effect until the general
2. Must be supported by funds actually appropriations bill is passed by the
available as certified by the National Congress (Sec. 25, [7], Art. VI, 1987
Treasurer or to be raised by Constitution)
corresponding revenue proposal
included therein. (Sec. 25[4], Art. VI,
1987Constitution) b.PresidentialVetoandCongressionalOverride

Q:WhataretheConstitutionalrulesonGeneral Q:Whatistheruleonpresidentialveto?
AppropriationsLaws?
A:
A: GR: If the President disapproves a bill
1. Congress may not increase enacted by Congress, he should veto the
appropriations recommended by the entirebill.Heisnotallowedtovetoseparate
President for the operations of the itemsofabill.
government;
XPN: Itemveto is allowed in case of
2. Form, content and manner of appropriation, revenue, and tariff bills (Sec.
preparationofbudgetshallbeprovided 27[2],Art.VI,1987Constitution).
bylaw;
XPNstotheXPN:
3. No provision or enactment shall be
embraced in the bill unless it releases 1. Doctrineofinappropriateprovisionsa
specifically to some particular provision that is constitutionally
appropriationstherein; inappropriate for an appropriation bill
maybesingledoutforvetoevenifitis
4. Procedure from approving not an appropriation or revenue item.
appropriationsforCongressshallbethe (Gonzales v. Macaraig, Jr., G.R. No.
same as that of other departments in 87636,Nov.19,1990)
order to prevent subrosa
appropriationsbyCongress; 2. Executiveimpoundmentrefusalofthe
President to spend funds already
5. Prohibition against transfer of allocated by Congress for specific
appropriations (doctrine of purpose. It is the failure to spend or
augmentation), however the following obligate budget authority of any type.
may,bylaw,beauthorizedtoaugment (Philconsav.Enriquez,G.R.No.113105,
any item in the general appropriations Aug.19,1994)
law for their respective offices from
savings in other items of their Q:MaythePresidentvetoalaw?
respectiveappropriations:
A:No.Whatthepresidentmayvalidlyvetoisonly
a. President a bill and neither the provisions of law 35 years
b. SenatePresident before his term nor a final and executory
c. SpeakeroftheHoR judgment of the Supreme Court. (Bengzon v.
d. ChiefJustice Drilon,G.R.No.103524,April15,1992)
e. Heads of Constitutional
Commissions.
Q:Whenisthereapocketveto?
6. Prohibitions against appropriations for
sectarianbenefit;and A:Itoccurswhen:
1. thePresidentfailstoactonabill;and
7. Automatic reappropriation if, by the 2. thereasonhedoesnotreturnthebillto
end of any fiscal year, the Congress the Congress is that Congress is not in
shall have failed to pass the general session.
appropriationsbillfortheensuingfiscal

39
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


Note:PocketvetoisnotapplicableinthePhilippines 8. Power to confirm certain
becauseinactionbythePresidentfor30daysnever appointments/nominations made by
produces a veto even if Congress is in recess. The thePresident(Secs.9and16,Art.VII)
President must still act to veto the bill and 9. PowerofImpeachment(Sec.2,Art.XI)
communicate his veto to Congress without need of 10. Power relative to natural resources
returningthevetoedbillwithhisvetomessage. (Sec.2,Art.XII)
11. Powerofinternalorganization(Sec.16,
Q: When does the Constitution require that the Art.VI)
yeas and nays of the Members be taken every a)Electionofofficers
timeaHousehastovote? b)Promulgateinternalrules
c)Disciplinarypowers(Sec.16,Art.VI)
A: 12.InformingFunction
1. Uponthelastandthirdreadingsofabill
(Section26(2),ArticleVI); Q: State the conditions under which, during a
2. At the request of 1/5 of the members period of national emergency, Congress may
present(Section16(4),ArticleVI);and grant emergency powers to the President is
3. In repassing a bill over the veto of the allowed.
President(Section27(1),ArticleVI).
A:UnderSec.23[2],ArticleVIoftheConstitution,
Q:Whatisarider? Congress may grant the President emergency
powerssubjecttothefollowingconditions:
A: A rider is a provision in a bill which does not 1. There is a war or other national
relate to a particular appropriation stated in the emergency
bill. Since it is an invalid provision under Sec. 25 2.Thegrantofemergencypowersmust
(2),Art.VII,1987Constitution,thePresidentmay beforalimitedperiod
vetoitasanitem. 3. The grant of emergency powers is
subjecttosuchrestrictionsasCongress
mayprescribe
NONLEGISLATIVEPOWERS 4. The emergency powers must be
exercised to carry out a declared
Q: What are the Nonlegislative powers of nationalpolicy
Congress?
Q:WhatisthepolicyofthePhilippinesregarding
A: war?
1. Powertodeclaretheexistenceofstate
ofwar(Sec.23[1],Art.VI) A: The Philippines renounces war as an
2. Power to act as Board of Canvassers in instrumentofnationalpolicy.(Sec.2,Art.II)
electionofPresident(Sec.10,Art.VII)
3. Power to call a special election for Q:Whatisthevotingrequirementtodeclarethe
President and VicePresident (Sec. 10, existenceofastateofwar?
Art.VII)
4. Power to judge Presidents physical A:
fitnesstodischargethefunctionsofthe 1. 2/3ofbothHouses
Presidency(Sec.11,Art.VII) 2. Injointsession
5. Power to revoke or extend suspension 3. Votingseparately
of the privilege of the writ of habeas
corpus or declaration of martial law Note: Even though the legislature can declare
(Sec.18,Art.VII) existence of war and enact measures to support it,
6. Power to concur in Presidential the actual power to engage war is lodged
amnesties Concurrence of majority of nonethelessintheexecutive.
all the members of Congress (Sec. 19,
Art.VII) Q:DiscusstheInformingfunctionofCongress.
7. Power to concur in treaties or
international agreements; concurrence A: The informing function of the legislature
ofatleast2/3ofallthemembersofthe includes its function to conduct legislative
Senate(Sec.21,Art.VII) inquiries and investigation and its oversight
power.

40
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
LEGISLATIVE DEPARTMENT

The power of Congress does not end with the


finished task of legislation. Concomitant with its
principalpowertolegislateistheauxiliarypower
to ensure that the laws it enacts are faithfully
executed. As well stressed by one scholar, the
legislature fixes the main lines of substantive
policy and is entitled to see that administrative
policy is in harmony with it; it establishes the
volume and purpose of public expenditures and
ensures their legality and propriety; it must be
satisfied that internal administrative controls are
operating to secure economy and efficiency; and
it informs itself of the conditions of
administrationofremedialmeasure.

The power of oversight has been held to be


intrinsicinthegrantoflegislativepoweritselfand
integraltothechecksandbalancesinherentina
democratic system of government. Woodrow
Wilsonwentonestepfartherandopinedthatthe
legislatures informing function should be
preferred to its legislative function. He
emphasized that [E]ven more important than
legislation is the instruction and guidance in
political affairs which the people might receive
from a body which kept all national concerns
suffused in a broad daylight of discussion.
(Concurring and Dissenting Opinion of Justice
Puno, Macalintal v. COMELEC, G.R. No. 157013
July10,2003)

41
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


D.EXECUTIVEDEPARTMENT Once out of office, even before the end of
the 6year term, immunity for nonofficial
Q:WhoistheChiefExecutiveoftheState? acts is lost. Such was the case of former
President Joseph Estrada. Immunity cannot
A:ThePresidentistheHeadofStateandthe be claimed to shield a nonsitting President
ChiefExecutive. from prosecution for alleged criminal acts
done while sitting in office. (Estrada v.
Desierto,G.R.Nos.14671015,Mar.2,2001)
PRIVILEGES,INHIBITIONSAND
DISQUALIFICATIONS Q: What are the reasons for the Presidents
immunityfromsuit?
a.IMMUNITYANDPRIVILEGES
A:
Q: What are the privileges of the President and 1. Separationofpowers.Theseparationof
VP? powers principle is viewed as
demanding the executives
A: independence from the judiciary, so
PRESIDENT VICEPRESIDENT thatthePresidentshouldnotbesubject
PRIVILEGES to the judiciarys whim. (Almonte v.
1. Salary shall not be Vasquez,G.R.No.95367,May23,1995)
1. Officialresidence;
decreased during his
2. Salary is determined 2. Public convenience. The grant is to
tenure;
bylawandnottobe
2. If appointed to a assure the exercise of presidential
decreasedduringhis
Cabinet post, no duties and functions free from any
tenure (Sec. 6, Art.
need for Commission hindrance or distraction, considering
VII);
on Appointments that the presidency is a job that, aside
3. Immunity from suit
confirmation (Sec. 3, from requiring all of the officeholders
forofficialacts.
Art.VII). time, demands undivided attention.
(Soliven v. Makasiar, G.R. No. 82585,
Nov.14,1988)
1.ExecutiveImmunity
Note:President'simmunityfromsuitdoes
Q:Whataretherulesonexecutiveimmunity? notextendtohisalteregos.However,the
said immunity extends beyond his term,
A:A.(Rulesonimmunityduringtenure) so long as the act, on which immunity is
1. The President is immune from suit invoked,wasdoneduringhisterm.
duringhistenure.(Inre:Bermudez,G.R.
No.76180,Oct.24,1986) Q: Upon complaint of the incumbent President
2. An impeachment complaint may be oftheRepublic,Achernarwaschargedwithlibel
filedagainsthimduringhistenure.(Art. before the RTC. Achernar contends that if the
XI) proceedings ensue by virtue of the Presidents
3. The President may not be prevented filing of her complaintaffidavit, she may
from instituting suit. (Soliven v. subsequently have to be a witness for the
Makasiar, G.R. No. 82585, Nov. 14, prosecution, bringing her under the trial courts
1988) jurisdiction. May Achernar invoke the
4. Thereisnothinginourlawsthatwould Presidentsimmunity?
preventthePresidentfromwaivingthe
privilege. The President may shed the A:No.TheimmunityofthePresidentfromsuitis
protection afforded by the privilege. personaltothePresident.Itmaybeinvokedonly
(Soliven v. Makasiar, G.R. No. 82585, by the President and not by any other person.
Nov.14,1988) (Soliven v. Makasiar, G.R. No. 82585, Nov. 14,
5. Heads of departments cannot invoke 1988)
the Presidents immunity. (Gloria v.
CourtofAppeals,G.R.No.119903,Aug.
15,2000) 2.ExecutivePrivilege

B.(Ruleonimmunityaftertenure) Q:Whatisexecutiveprivilege?

42
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
EXECUTIVE DEPARTMENT

A: It is the power of the President to withhold WhenanofficialisbeingsummonedbyCongresson


certain types of information from the public, the a matter which, in his own judgment, might be
courts,andtheCongress. coveredbyexecutiveprivilege,hemustbeafforded
reasonable time to inform the President or the
Q:Howistheprivilegeinvoked? ExecutiveSecretaryofthepossibleneedforinvoking
the privilege. This is necessary in order to provide
A:Executiveprivilegemustbeinvokedinrelation the President or the Executive Secretary with fair
to specific categories of information and not to opportunity to consider whether the matter indeed
categoriesofpersons. calls for a claim of executive privilege. If, after the
lapseofthatreasonabletime,neitherthePresident
Note: While executive privilege is a constitutional nor the Executive Secretary invokes the privilege,
concept, a claim thereof may be valid or not Congressisnolongerboundtorespectthefailureof
depending on the ground invoked to justify it and theofficialtoappearbeforeCongressandmaythen
thecontextinwhichitismade.Noticeablyabsentis opttoavailofthenecessarylegalmeanstocompel
any recognition that executive officials are exempt his appearance. (Senate v. Ermita, G.R.No. 169777,
from the duty to disclose information by the mere April20,2006)
fact of being executive officials. (Senate v. Ermita,
G.R.No.169777,April20,2006) Q: What is the requirement in invoking the
privilege?
Q: Is the invocation of this privilege through
executive orders, prohibiting executive officials A: A formal claim of the privilege is required. A
fromparticipatinginlegislativeinquiries,violate formal and proper claim of executive privilege
the constitutional right to information on requiresaspecificdesignationanddescriptionof
mattersofpublicconcernofthepeople? thedocumentswithinitsscopeaswellasprecise
and certain reasons for preserving their
confidentiality. Without this specificity, it is
A: Yes. To the extent that investigations in aid of
impossible for a court to analyze the claim short
legislation are generally conducted in public,
of disclosure of the very thing sought to be
however, any executive issuance tending to
protected.
unduly limit disclosures of information in such
investigations necessarily deprives the people of Note: Congress must not require the President to
informationwhich,beingpresumedtobeinaidof state the reasons for the claim with such
legislation, is presumed to be a matter of public particularity as to compel disclosure of the
concern. The citizens are thereby denied access informationwhichtheprivilegeismeanttoprotect.
toinformationwhichtheycanuseinformulating (Senatev.Ermita,G.R.No.169777,April20,2006).
theirownopinionsonthematterbeforeCongress
opinionswhichtheycanthencommunicateto Q:Istheprivilegeabsolute?
their representatives and other government
officialsthroughthevariouslegalmeansallowed A: No. Claim of executive privilege is subject to
bytheirfreedomofexpression. (Senatev.Ermita, balancing against other interest. Simply put,
G.R.No.169777,April20,2006) confidentiality in executive privilege is not
absolutelyprotectedbytheConstitution.Neither
Q:Whocaninvokeexecutiveprivilege? the doctrine of separation of powers, nor the
need for confidentiality of highlevel
A: communications can sustain an absolute,
1.President unqualified Presidential privilege of immunity
from judicial process under all circumstances.
Note:Theprivilegebeinganextraordinarypower, (Neriv.Senate,G.R.No.180643,Mar.25,2008).
it must be wielded only by the highest official in
the executive department. Thus, the President Q: Sec. 1 of EO 464 required all heads of
may not authorize her subordinates to exercise departments in the Executive branch to secure
suchpower. theconsentofthePresidentbeforeappearingin
an inquiry conducted by either House of
2.ExecutiveSecretary,uponproperauthorization Congress, pursuant to Art. VI, sec. 22 of the
fromthePresident Constitution. Does this section applies only
questionhour?Isitvalid?
Note: The Executive Secretary must state that the
authority is By order of the President, which A: Section 1, in view of its specific reference to
meanshepersonallyconsultedwithher. Section 22 of Article VI of the Constitution and
theabsenceofanyreferencetoinquiriesinaidof

43
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


legislation, must be construed as limited in its A:
application to appearances of department heads PRESIDENTIAL
DELIBERATIVEPROCESS
in the question hour contemplated in the COMMUNICATIONS
PRIVILEGE
provision of said Section 22 of Article VI. The PRIVILEGE
reading is dictated by the basic rule of Pertains to Includes advisory
construction that issuances must be interpreted, communications, opinions,
as much as possible, in a way that will render it documents or other recommendations and
constitutional. materials that reflect deliberations
presidential decision comprising part of a
The requirement then to secure presidential makinganddeliberations process by which
consent under Section 1, limited as it is only to that the President governmental decisions
believes should remain and policies are
appearances in the question hour, is valid on its
confidential formulated
face. For under Section 22, Article VI of the
Applies to decision
Constitution, the appearance of department Applies to decision
making of executive
heads in the question hour is discretionary on makingofthePresident
officials
theirpart. (Senatev.Ermita,G.R.No.169777,April Rooted in the
20,2006) constitutional principle
of separation of powers Rooted in common law
Note:Sec.1ofEO464cannot,however,beapplied
and the Presidents privileges
to appearances of department heads in inquiries in
unique constitutional
aid of legislation. Congress is not bound in such
role
instances to respect the refusal of the department

head to appear in such inquiry, unless a valid claim
of privilege is subsequently made, either by the
President herself or by the Executive Secretary.
Q: What are the elements of presidential
(Senatev.Ermita,G.R.No.169777,April20,2006) communicationsprivilege?

Q:Whatarethevarietiesofexecutiveprivilege? A:

A: 1.
The protected communication must
1. State secret privilege invoked by relate to a quintessential and non
Presidents on the ground that the delegablepresidentialpower.
information is of such nature that its
disclosurewouldsubvertcrucialmilitary 2. The communication must be authored
ordiplomaticobjective. or solicited and received by a close
advisor of the President or the
2. Informers privilege privilege of the President himself. The judicial test is
governmentnottodisclosetheidentity thatanadvisormustbeinoperational
of persons who furnish information in proximitywiththePresident.
violations of law to officers charged
withtheenforcementofthelaw. 3. The presidential communications
privilege remains a qualified privilege
3. General privilege for internal thatmaybeovercomebyashowingof
deliberations. Said to attach to intra adequate need, such that the
governmental documents reflecting information sought likely contains
advisory opinions, recommendations important evidence and by the
and deliberations comprising part of a unavailability of the information
process by which governmental elsewhere by an appropriate
decisionsandpoliciesareformulated. investigatingauthority.

Note: In determining the validity of a claim of Q: Are presidential communications
privilege, the question that must be asked is presumptivelyprivileged?
not only whether the requested information
fallswithinoneofthetraditionalprivileges,but A: Yes. The presumption is based on the
also whether that privilege should be honored Presidentsgeneralizedinterestinconfidentiality.
inagivenproceduralsetting. The privilege is necessary to guarantee the
candorofpresidentialadvisorsandtoprovidethe
Q: Differentiate Presidential Communications Presidentandthosewhoassisthimwithfreedom
PrivilegefromDeliberativeProcessPrivilege. to explore alternatives in the process of shaping

44
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
EXECUTIVE DEPARTMENT

policies and making decisions and to do so in a b.PROHIBITIONS,INHIBITIONSAND


way many could be unwilling to express except DISQUALIFICATIONS
privately.Thepresumptioncanbeovercomeonly
by mere showing of public need by the branch Q: What are the prohibitions attached to the
seeking access to conversations. The courts are President, VicePresident, Cabinet Members,
enjoined to resolve the competing interests of andtheirdeputiesorassistants?
the political branches of the government in the
manner that preserves the essential functions of A:ThePresident,VicePresident,theMembersof
eachBranch. the Cabinet, and their deputies or assistants,
unless otherwise provided in this Constitution
Q: The House of Representatives House shall:
Committee conducted an inquiry on the Japan
Philippines Economic Partnership Agreement 1. Shall not receive any other emolument
(JPEPA),thenbeingnegotiatedbythePhilippine fromthegovernmentoranyothersource
Government. The House Committee requested (Sec.6,Art.VII)
DTIUsec.Aquinotofurnishitwithacopyofthe
latestdraftoftheJPEPA.Aquinorepliedthathe 2. Shall not hold any other office or
shall provide a copy thereof once the employmentduringtheirtenureunless:
negotiationsarecompleted. a. Otherwise provided in the
Constitution (e.g. VP can be
A petition was filed with the SC which seeks to appointed as a Cabinet Member;
obtain a copy of the Philippine and Japanese Sec. of Justice sits on Judicial and
offers submitted during the negotiation process BarCouncil)
and all pertinent attachments and annexes b. The positions are exofficio and
thereto. Aquino invoked executive privilege they do not receive any salary or
basedonthegroundthattheinformationsought other emoluments therefor (e.g.
pertains to diplomatic negotiations then in Sec. of Finance is head of
progress. On the other hand, Akbayan for their MonetaryBoard)
partinvoketheirrighttoinformationonmatters
ofpublicconcern. 3. Shall not practice, directly or indirectly,
anyotherprofessionduringtheirtenure
Are matters involving diplomatic negotiations
coveredbyexecutiveprivilege? 4. Shallnotparticipateinanybusiness

A: Yes. It is clear that while the final text of the 5. Shall not be financially interested in any
JPEPA may not be kept perpetually confidential, contract with, or in any franchise, or
the offers exchanged by the parties during the special privilege granted by the
negotiations continue to be privilege even after Government,includingGOCCs
the JPEPA is published. Disclosing these offers
couldimpairtheabilityofthePhilippinestodeal 6. Shall avoid conflict of interest in conduct
not only with Japan but with other foreign ofoffice
governments in future negotiations. (AKBAYAN
Citizens Action Party v. Aquino, G.R No. 170516, 7. Shallavoidnepotism(Sec.13,Art.VII)
July16,2008)
Note: The spouse and relatives by
Note:Suchprivilegeisonlypresumptive. consanguinity or affinity within the 4th civil
degreeofthePresidentshallnot,duringhis
Q:Howisthepresumptionovercome? tenure,beappointedas:
a. Members of the Constitutional
A:Recognizingatypeofinformationasprivileged Commissions
does not mean that it will be considered b. OfficeoftheOmbudsman
privileged in all instances. Only after a c. Secretaries
considerationofthecontextinwhichtheclaimis d. Undersecretaries
made may it be determined if there is a public e. Chairmenorheadsofbureausor
interestthatcallsforthedisclosureofthedesired offices,includingGOCCsandtheir
information, strong enough to overcome its subsidiaries
traditionallyprivilegedstatus.(AKBAYANCitizens
ActionPartyv.Aquino,etal.,G.RNo.170516,July If the spouse, etc., was already in any of the
16,2008) aboveofficesatthetimebeforehis/herspouse

45
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


became President, he/she may continue in andregulationsandmunicipalordinances,aswell
office. What is prohibited is appointment and astreatiesenteredintobythegovernment.
reappointment,notcontinuationinoffice.
Q:Whatisthescopeofexecutivepower?
Spouses,etc.,canbeappointedtothejudiciary
andasambassadorsandconsuls. A:
1.Executive power is vested in the
Q:Christian,theChiefPresidentialLegalCounsel PresidentofthePhilippines.(Sec.1,Art.
(CPLC), was also appointed as Chairman of the VII,1987Constitution)
PCGG.Maythetwoofficesbeheldbythesame 2. Itisnotlimitedtothosesetforthinthe
person? Constitution(Residualpowers).(Marcos
v. Manglapus, G.R. No. 88211, Oct. 27,
A:No.Thetwoofficesareincompatible.Without 1989)
question, the PCGG is an agency under the 3. Privilege of immunity from suit is
Executive Department. Thus, the actions of the personal to the President and may be
PCGG Chairman are subject to the review of the invoked by him alone. It may also be
CPLC. (Public Interest Group v. Elma, G.R. No. waived by the President, as when he
138965,June30,2006) himself files suit. (Soliven v. Makasiar,
G.R.No.82585,Nov.14,1988)

4. The President cannot dispose of state
POWERSOFTHEPRESIDENT property unless authorized by law.
(Laurel v. Garcia, G.R. No. 92013, July
a.EXECUTIVEANDADMINISTRATIVEPOWERSIN 25,1990)
GENERAL
Q: What are the specific powers of the
Q:Whatisexecutivepower? President?

A: It is the power of carrying out the laws into A: He is the repository of all executive power,
practical operation and enforcing their due suchas:
observance. (National Electrification 1. Appointingpower(Sec.16,Art.VII)
Administration v. CA, G.R. No. 143481, Feb. 15, 2. Power of control over all executive
2002).Itisthelegalandpoliticalfunctionsofthe departments, bureaus and offices (Sec.
Presidentinvolvingtheexerciseofdiscretion. 17,Art.VII)
3. CommanderinChief powers (calling
It is vested in the President of the Philippines. out power, power to place the
Thus, the President shall have control of all Philippines under martial law, and
executive departments, bureaus and offices. He power to suspend the privilege of the
shall ensure that laws are faithfully executed. writofhabeascorpus)(Sec.18,Art.VII)
(Sec.17,Art.VI,1987constitution) 4. Pardoningpower(Sec.19,Art.VII)
5. Borrowingpower(Sec.20,Art.VII)
Note: Until and unless a law is declared
6. Diplomatic/Treatymaking power (Sec.
unconstitutional,thePresidenthasadutytoexecute
it regardless of his doubts as to its validity. This is 21,Art.VII)
known as the faithful execution clause. (Secs.1 and 7. Budgetarypower(Sec.22,Art.VII)
17,Art.VII,1987Constitution). 8. Informingpower(Sec.23,Art.VII)
9. Vetopower(Sec.27,Art.VI)
Q:Whatisthefaithfulexecutionclause? 10. Powerofgeneralsupervisionoverlocal
governments(Sec.4,Art.X)
A: Since executive power is vested in the 11. Power to call special session (Sec. 15,
PresidentofthePhilippines,heshallhavecontrol Art.VI)
ofallexecutivedepartments,bureausandoffices.
Consequently, he shall ensure that the laws be Q:IsthepowerofthePresidentlimitedonlyto
faithfully executed (Sec. 17, Art. VII). The power such specific powers enumerated in the
to take care that the laws be faithfully executed Constitution?
makes the President a dominant figure in the
administration of the government. The law he is A:No.ThepowersofthePresidentcannotbesaid
supposed to enforce includes the Constitution, to be limited only to the specific power
statutes, judicial decisions, administrative rules enumeratedintheConstitution.Executivepower
is more than the sum of specific powers so

46
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
EXECUTIVE DEPARTMENT

enumerated.Theframersdidnotintendthatby dutiesonapersonalreadyinthepublicservice.It
enumeratingthepowersofthePresidentheshall is considered only as an acting or temporary
exercise those powers and no other. Whatever appointment, which does not confer security of
powerinherentinthegovernmentthatisneither tenure on the person named. (Binamira v.
legislativenorjudicialhastobeexecutive.These Garrucho,G.R.No.92008,July30,1990)
unstated residual powers are implied from the
grantofexecutivepowerandwhicharenecessary Note: The President has the power to temporarily
forthePresidenttocomplywithhisdutiesunder designate an officer already in the government
he Constitution. (Marcos v. Manglapus, G.R. No. service or any other competent person to perform
88211,Oct.27,1989). thefunctionsofanofficeintheexecutivebranch.In
nocaseshallthetemporarydesignationexceedone
Q:Whatisadministrativepower? year.

A: Administrative poweris concerned with the


workofapplyingpoliciesandenforcingordersas 2.CommissiononAppointmentsConfirmation
determined by proper governmental organs. It
enablesthePresidenttofixauniformstandardof Q: What are four instances where confirmation
administrative efficiency and check the official oftheCommissiononAppointmentsisrequired?
conduct of his agents. To this end, he can issue
administrativeorders,rulesandregulations.(Ople A:
v.Torres,G.R.No.127685,July23,1998). 1. Headsofexecutivedepartments

GR:Appointmentofcabinetsecretaries
b.APPOINTINGPOWER requiresconfirmation.

1.InGeneral XPN: Vicepresident may be appointed


asamemberoftheCabinet and such

appointment requires no confirmation.


Q:Whatisappointment?
(Sec.3,Art.VII)

A:Itistheselection,bytheauthorityvestedwith
2. Ambassadors, other public ministers
thepower,ofanindividualwhoistoexercisethe
andconsulsthoseconnectedwiththe
functionsofagivenoffice.
diplomatic and consular services of the

Note: An appointment maybe made verballybutit


country.
isusuallydoneinwritingthroughwhatiscalledthe
commission. 3. OfficersofAFPfromtherankofcolonel
ornavalcaptain
Q:Whatisthenatureoftheappointingpowerof
thePresident? Note: PNP of equivalent ranks and Philippine
CoastGuardarenotincluded.

A: The power to appoint is executive in nature.


4. Otherofficersofthegovernmentwhose
While Congress and the Constitution in certain
appointments are vested in the
cases may prescribe the qualifications for
President in the Constitution (Sec. 16,
particular offices, the determination of who
Art.VII),suchas:
amongthosewhoarequalifiedwillbeappointed
a. Chairmen and members of the
is the Presidents prerogative. (Pimentel, et al. v.
CSC,COMELECandCOA(Sec.1[2],
Ermita,etal.,G.R.No.164978,Oct.13,2005).
Art.IXB,C,D)

b. Regular members of the JBC (Sec.


Q: Are the appointments made by an acting
8[2],Art.VIII)
Presidenteffective?

A:Theseshallremaineffectiveunlessrevokedby Q: What is the appointing procedure for those
the elected President within 90 days from his thatneedCAconfirmation?
assumption or reassumption of office. (Sec. 14,
Art.VII) A:
1. NominationbythePresident
Q:Whatisdesignation? 2. ConfirmationbytheCA
3. Issuanceofcommission
A: Designation means imposition of additional 4. Acceptance by the appointee (Cruz,

47
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


Philippine Political Law, 2002 ed., p. position, theappointmentmaynotbesubjectto
207). judicialreview.

Note: At anytime before all four steps have been Q: What are the limitations regarding the
complied with, the President can withdraw the appointingpowerofthepresident?
nomination and appointment. (Lacson v. Romero,
G.R.No.L3081,Oct.14,1949) A:
1. Thespouseandrelativesbyconsanguinityor
Q: What is the appointing procedure for those affinity within the 4th civil degree of the
thatdonotneedCAconfirmation? President shall not, during his "tenure" be
appointed:
A: a. As members of the Constitutional
1. Appointment Commissions
2. Acceptance b. Member of the Office of
Ombudsman
Q: Distinguish an ad interim appointment from c. Secretaries
anappointmentinanactingcapacity. d. Undersecretaries
e. Chairmen or heads of bureaus or
A: offices, including government
ADINTERIM APPOINTMENTINAN owned or controlled corporations
APPOINTMENT ACTINGCAPACITY and their subsidiaries. (Sec. 13[2],
Madeatanytimethere Art.VII)
MadeifCongressisnot isvacancy,i.e.,whether
insession Congressisinsessionor 2. GR: Two months immediately before the
not
next Presidential elections (2nd Monday of
Requiresconfirmationof Doesnotrequire
May),anduptotheendofhis"term"(June
CA confirmationofCA
30), a President (or Acting President) shall
Permanentinnature Temporaryinnature
notmakeappointments.
Appointeeenjoys Appointeedoesnot
securityoftenure enjoysecurityoftenure
XPN:Temporaryappointments,toexecutive

positions,whencontinuedvacanciestherein

willprejudicepublicservice(Sec.15,Art.VII)
Q:IstheactofthePresidentinappointingacting
(e.g. Postmaster); or endanger public safety
secretaries constitutional, even without the
(e.g.ChiefofStaff).
consent of the Commission on Appointments
whileCongressisinsession?
3.MidnightAppointments
A: Yes. Congress, through a law, cannot impose
on the President the obligation to appoint Q: Sec. 15, Art. VII of the 1987 Constitution
automatically the undersecretary as her prohibits the President from making
temporary alter ego. An alter ego, whether appointments two months before the next
temporary or permanent, holds a position of presidential elections and up to the end of his
great trust and confidence. The office of a term. To what types of appointment is said
department secretary may become vacant while prohibitiondirectedagainst?
Congress is in session. Since a department
secretary is the alter ego of the President, the A: Section 15, Article VII is directed against two
acting appointee to the office must necessarily typesofappointments:
have the Presidents confidence. (Pimentel v.
Ermita,G.R.No.164978,Oct.13,2005) 1. Thosemadeforbuyingvotesrefersto
those appointments made within two
Note:Actingappointmentscannotexceedoneyear. months preceding the Presidential
(Section17[3],Chapter5,TitleI,BookIIIofEO292). election and are similar to those which
are declared election offenses in the
Q: May an appointment be the subject of a
OmnibusElectionCode;and
judicialreview?

A: Generally, no. Appointment is a political
2. Thosemadeforpartisanconsiderations
question. So long as the appointee satisfies the
consists of the socalled midnight
minimumrequirementsprescribedbylawforthe
appointments. (In Re: Hon. Mateo A.

48
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
EXECUTIVE DEPARTMENT

ValenzuelaandHon.PlacidoB.Vallarta, midnight appointments to the Judiciary. (De


A.M.No.98501SCNov.9,1998) Castrov.JBC,G.R.No.191002,Mar.17,2010)

Q: Does an outgoing President have the power
to appoint the next Chief Justice within the c.POWEROFREMOVAL
period starting two months before the
presidential elections until the end of the Q:WheredoesthePresidentderivehispowerof
presidentialterm?Discussthoroughly. removal?
A: Yes. Article VII is devoted to the Executive
A: The President derives his implied power of
Department, and, among others, it lists the
powers vested by the Constitution in the removal from other powers expressly vested in
President.Thepresidentialpowerofappointment him.
is dealt with in Sections 14, 15 and 16 of the
Article. 1. It is implied from his power to
appoint.
ArticleVIIIisdedicatedtotheJudicialDepartment
and defines the duties and qualifications of 2. Being executive in nature, it is
Members of the Supreme Court, among others. implied from the constitutional
Section 4(1) and Section 9 of this Article are the provision vesting the executive
provisions specifically providing for the powerinthePresident.
appointment of Supreme Court Justices. In
particular, Section 9 states that the appointment 3. Itmaybeimpliedfromhisfunctionto
of Supreme Court Justices can only be made by take care that laws be properly
the President upon the submission of a list of at executed; for without it, his orders
least three nominees by the JBC; Section 4(1) of for law enforcement might not be
the Article mandates the President to fill the effectivelycarriedout.
vacancy within 90 days from the occurrence of
thevacancy. 4. The power may be implied from the
Presidents control over the
Had the framers intended to extend the administrativedepartments,bureaus,
prohibitioncontainedinSection15,ArticleVIIto and offices of the government.
the appointment of Members of the Supreme Without the power to remove, it
Court, they could have explicitly done so. They wouldnotbealwayspossibleforthe
could not have ignored the meticulous ordering President to exercise his power of
of the provisions. They would have easily and control. (Sinco, Philippine Political
surely written the prohibition made explicit in Law,1954ed.,p.275)
Section15,ArticleVIIasbeingequallyapplicable
to the appointment of Members of the Supreme Q: Can the President remove all the officials he
CourtinArticleVIIIitself,mostlikelyinSection4 appointed?
(1), Article VIII. That such specification was not
doneonlyrevealsthattheprohibitionagainstthe A:No.AllofficialsappointedbythePresidentare
President or Acting President making also removable by him since the Constitution
appointmentswithintwomonthsbeforethenext prescribes certain methods for the separation
presidential elections and up to the end of the from the public service of such officers. (Cruz,
Presidents or Acting Presidents term does not PhilippinePoliticalLaw,2002ed.,pp.209210)
refertotheMembersoftheSupremeCourt.
Note: Members of the career service of the Civil
Given the background and rationale for the ServicewhoareappointedbythePresidentmaybe
prohibition in Section 15, Article VII, there is no directly disciplined by him (Villaluz v. Zaldivar, G.R.
doubt that the Constitutional Commission No.L22754,Dec.31,1965)providedthatthesame
confined the prohibition to appointments made is for cause and in accordance with the procedure
intheExecutiveDepartment.Theframersdidnot prescribedbylaw.
need to extend the prohibition to appointments
in the Judiciary, because their establishment of Members of the Cabinet and such officers whose
the JBC and their subjecting the nomination and continuityinofficedependsuponthePresidentmay
be replaced at any time. Legally speaking, their
screening of candidates for judicial positions to
separationiseffectednotbytheprocessofremoval
theunhurriedanddeliberatepriorprocessofthe
JBC ensured that there would no longer be

49
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


but by the expiration of their term. (Aparri v. CA, take effect. Thus, being the agent of Congress and
G.R.No.L30057,Jan.31,1984) not of the President, the latter cannot alter, or
modify or nullify, or set aside the findings of the
SecretaryofFinanceandtosubstitutethejudgment
d.POWEROFCONTROLANDSUPERVISION oftheformerforthatofthelatter.

Q:Whatisthepowerofcontrol? Q:Whatisthereasonforthealteregodoctrine?

A: Control is the power of an officer to alter or A: Since the President is a busy man, he is not
modify or nullify or to set aside what a expected to exercise the totality of his power of
subordinate has done in the performance of his control all the time. He is not expected to
duties and to substitute ones own judgment for exercise all his powers in person. He is expected
thatofasubordinate. to delegate some of them to men of his
confidence, particularly to members of his
Note:ThePresidentspoweroverGOCCscomesnot
Cabinet.
from the Constitution, but from statute. Hence, it
maybetakenawaybystatute.
2.ExecutiveDepartmentsandOffices
ThePresidenthasfullcontrolofallthemembersof

his Cabinet. He may appoint them as he sees fit,
Q: Can Department Heads exercise power of
shuffle them at pleasure, and replace them in his
controlinbehalfofthePresident?
discretion without any legal inhibition whatever.
However, such control is exercisable by the
A: Yes. The Presidents power of control means
Presidentonlyovertheactsofhissubordinatesand
his power to reverse the judgment of an inferior
not necessarily over the subordinate himself. (Ang
officer. It may also be exercised in his behalf by
Angcov.Castillo,G.R.No.L17169,Nov.30,1963)
DepartmentHeads.

Note:TheSec.ofJusticemayreversethejudgment
1.DoctrineofQualifiedPoliticalAgency
of a prosecutor and direct him to withdraw an

information already filed. One who disagrees,
Q: What is the doctrine of qualified political
however,mayappealtotheOfficeofthePresident
agencyoralteregoprinciple?
in order to exhaust administrative remedies prior
filingtothecourt.
A:Itmeansthattheactsofthesecretariesofthe
Executive departments performed and Q: Can the Executive Secretary reverse the
promulgatedintheregularcourseofbusinessare decisionofanotherdepartmentsecretary?
presumptively the acts of the Chief Executive.
(Villena v. Secretary of the Interior, G.R. No. L A: Yes. The Executive Secretary when acting by
46570,April21,1939) authority of the President may reverse the
decision of another department secretary.
Q: What are the exceptions to the alter ego (LacsonMagallanes Co., Inc. v. Pao, G.R. No. L
doctrine? 27811,Nov.17,1967)

A:
1. If the acts are disapproved or 3.LocalGovernmentUnits
reprobatedbythePresident;
2. If the President is required to act in Q:Whatisthepowerofgeneralsupervision?
personbylaworbytheConstitution.

A:Thisisthepowerofasuperiorofficertoensure
Note: In the case of Abakada Guro v. Executive
that the laws are faithfully executed by
Secretary, G.R. No. 168056, Sept. 1, 2005, the SC
held that the Secretary of Finance can act as an subordinates. The power of the President over
agent of the Legislative Dept. to determine and LGUsisonlyofgeneralsupervision.Thus,hecan
declaretheeventuponwhichitsexpressedwillisto onlyinterfereintheaffairsandactivitiesofaLGU

50
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
EXECUTIVE DEPARTMENT

if he finds that the latter acted contrary to law. forces, the principle announced in Art. II,
The President or any of his alter egos cannot Sec.IIIisbolstered.Thus,theConstitution
interfereinlocalaffairsaslongastheconcerned lessensthedangerofamilitarytakeover
LGU acts within the parameters of the law and of the government in violation of its
the Constitution. Any directive, therefore, by the republicannature.
Presidentoranyofhisalteregosseekingtoalter
ThePresidentasCommanderinChiefcan
the wisdom of a lawconforming judgment on
preventtheArmyGeneralfromappearing
localaffairsofaLGUisapatentnullity,becauseit
in a legislative investigation and, if
violatestheprincipleoflocalautonomy,aswellas disobeyed, can subject him to court
the doctrine of separation of powers of the martial. (Gudani v. Senga, G.R. No.
executive and the legislative departments in 170165,Aug.15,2006)
governing municipal corporations. (Dadole v.
COA,G.R.No.125350,Dec.3,2002) 2. Callingout powers Call the armed
forces to prevent or suppress lawless
Q:Distinguishcontrolfromsupervision. violence,invasion,orrebellion.Theonly
criterion for the exercise of this power
A: isthatwheneveritbecomesnecessary.
CONTROL SUPERVISION
Anofficerincontrollays The supervisor or Note: The declaration of a state of
down the rules in the superintendent merely emergency is merely a description of a
doingofanact. sees to it that the rules situation which authorizes her to call out
are followed, but he the Armed Forces to help the police
himself does not lay maintain law and order. It gives no new
downsuchrules.
powertoher,nortothepolice.Certainly,
If the rules are not The supervisor does not
followed, the officer in have the discretion to it does not authorize warrantless arrests
control may, in his modify or replace them. orcontrolofmedia.(Davidv.Ermita,G.R.
discretion, order the act If the rules are not No.171409,May3,2006)
undone or redone by observed, he may order
his subordinate or he the work done or re The Constitution does not require the
mayevendecidetodoit done but only to Presidenttodeclareastateofrebellionto
himself. conform to the exercise her calling out power grants.
prescribed rules. (Drilon
Section18,ArticleVIIgrantsthePresident,
v. Lim, G.R. No. 112497,
Aug.4,1994) as CommanderinChief a sequence of
graduated powers. (Sanlakas v.
Note:Thepowerofsupervisiondoesnotincludethe ExecutiveSecretary,G.R.No.159085,Feb.
power of control; but the power of control 3,2004)
necessarilyincludesthepowerofsupervision.
3. Suspensionoftheprivilegeofthewritof
habeascorpus
e.COMMANDERINCHIEFPOWERS
Note: A writ of habeas corpus is an

Q: What is the scope of the Presidents order from the court commanding a
CommanderinChiefpowers? detainingofficertoinformthecourtifhe
hasthepersonincustody,andwhatishis
A: basisindetainingthatperson.
1. Command of the Armed Forces The
The privilege of the writ is that portion
CommanderinChief clause vests on
the President, as CommanderinChief, of the writ requiring the detaining officer
absoluteauthorityoverthepersonsand to show cause why he should not be
actions of the members of the armed tested. What is permitted to be
forces. (Gudani v. Senga, G.R. No. suspendedbythePresidentisnotthewrit
170165,Aug.15,2006) itselfbutitsprivilege.

Note: By making the President the 4. He may proclaim martial law over the
CommanderinChief of all the armed entirePhilippinesoranypartthereof.

51
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


Q:Whataretherequisitesforthesuspensionof 3. Duration: Not more than 60 days
theprivilegeofthewritofhabeascorpus? followingwhichitshallbeautomatically
liftedunlessextendedbyCongress.
A: 4. Duty of the President to report to
1. Theremustbeaninvasionorrebellion Congress:within48hourspersonallyor
2. Publicsafetyrequiresthesuspension inwriting.
5. Authority of Congress to revoke or
Note:Theinvasionandrebellionmustbeactualand extend the effectivity of proclamation:
notmerelyimminent.
by majority vote of all of its members
votingjointly.

Q: Can the Supreme Court inquire into the
Note: Once revoked by Congress, the
factualbasisofthesuspensionoftheprivilegeof
Presidentcannotsetasidetherevocation.
thewritofhabeascorpus?

Q:Whatarethelimitationsonthedeclarationof
A: Yes. The Supreme Court declared that it had martiallaw?
thepowertoinquireintothefactualbasisofthe
suspension of the privilege of the writ and to A:Martiallawdoesnot:
annul the same if no legal ground could be 1. Suspend the operation of the
established. Hence, the suspension of the Constitution;
privilege of the writ is no longer a political 2. Supplant the functioning of the civil
courtsorlegislativeassemblies;
question to be resolved solely by the President.
3. Authorize conferment of jurisdiction
(Lansang v. Garcia, G.R. No. L33964, Dec. 11, overcivilianswherecivilcourtsareable
1971) tofunction;

Note: Also applies to the proclamation of martial Note:Civilianscannotbetriedbymilitary
law. courts if the civil courts are open and
functioning. (Olaguer v. Military
Q:Istherighttobailimpairediftheprivilegeof CommissionNo.34,G.R.No.L54558,May
thewritofhabeascorpusissuspended? 22,1987).

A: The right to bail shall not be impaired even 4. Automatically suspend the privilege of
whentheprivilegeofthewritofhabeascorpusis thewritofhabeascorpus.
suspended.(Sec.13,Art.III,1987Constitution).
Note:Whenmartiallawisdeclared,nonewpowers
Q:Whatarethelimitationsonthesuspensionof aregiventothePresident;noextensionofarbitrary
theprivilegeofwritofhabeascorpus? authority is recognized; no civil rights of individuals
are suspended. The relation of the citizens to their
A: Stateisunchanged.
1. Applies only to persons judicially
charged for rebellion or offenses SupremeCourtcannotruleuponthecorrectnessof
inherent in or directly connected with the Presidents actions but only upon its
invasion;and arbitrariness.
2. Anyone arrested or detained during
suspension must be charged within 3 Q:Whatarethewaystolifttheproclamationof
days.Otherwise,heshouldbereleased. martiallaw?

Q: State the guidelines in the declaration of
A:
martiallaw.
1. LiftingbythePresidenthimself
2. RevocationbyCongress
A: 3. NullificationbytheSC
1. Theremustbeaninvasionorrebellion, 4. By operation of law after 60 days (Sec.
and 18,Art.VII)
2. Public safety requires the proclamation
ofmartiallawalloverthePhilippinesor
anypartthereof.

52
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
EXECUTIVE DEPARTMENT

Q: Is the actual use of the armed forces by the recommendations either to Congress or the
Presidentsubjecttojudicialreview? people, in whom constituent powers are vested.
(Province of North Cotabato v. Govt of the
A: No. While the suspension of the privilege of Republic of the Philippines Peace panel on
thewritofhabeascorpusandtheproclamationof AncestralDomain,G.R.No.183591,Oct.14,2008)
martiallawissubjecttojudicialreview,theactual
use by the President of the armed forces is not.
Thus, troop deployments in times of war are f.PARDONINGPOWER
subject to the Presidents judgment and
discretion.(IBPv.Zamora,G.R.No.141284,Aug. Q: What is the purpose of executive clemency?
15,2000) Canitbedelegated?

Q:Arepeacenegotiationswithrebelgroupspart A:Executiveclemencyisgrantedforthepurpose
ofrelievingtheharshnessofthelaworcorrecting
ofpresidentialpower?
mistakes in the administration of justice. The
power of executive clemency is a nondelegable
A: Yes. The Presidents power to conduct peace
power and must be exercised by the President
negotiations is implicitly included in her powers personally.
as Chief Executive and CommanderinChief. As
Chief Executive, the President has the general Note:Clemencyisnotafunctionofthejudiciary;itis
responsibility to promote public peace, and as anexecutivefunction.Thegrantisdiscretionary,and
maynotbecontrolledbythelegislatureorreversed
CommanderinChief, she has the more specific by the court, save only when it contravenes its
duty to prevent and suppress rebellion and limitations.
lawless violence. (Province of North Cotabato v.
Govt of the Republic of the Philippines Peace The power to grant clemency includes cases
involvingadministrativepenalties.
PanelonAncestralDomain,G.R.No.183591,Oct.
14,2008). In granting the power of executive clemency upon
the President, Sec. 19, Art. VII of the Constitution
Q: May the President, in the exercise of peace does not distinguish between criminal and
negotiations, agree to pursue reforms that administrativecases.
wouldrequirenewlegislationandconstitutional
IfthePresidentcangrantpardonsincriminalcases,
amendments, or should the reforms be with more reason he can grant executive clemency
restricted only to those solutions which the in administrative cases, which are less serious.
presentlawsallow? (Llamasv.Orbos,G.R.No.99031,Oct.15,1991)

A:IfthePresidentistobeexpectedtofindmeans Q: What is the scope of the Presidents


forbringingthisconflicttoanendandtoachieve pardoning power? (Forms of executive
lasting peace in Mindanao, then she must be clemency)
given the leeway to explore, in the course of
A:ThePresidentmaygrantthefollowing:
peace negotiations, solutions that may require
[PaRCReA]
changes to the Constitution for their 1. Pardons(conditionalorplenary)
implementation. So long as the President limits 2. Reprieves
herself to recommending these changes and 3. Commutations
submits to the proper procedure for 4. Remissionoffinesandforfeitures
constitutionalamendmentandrevision,hermere 5. Amnesty
recommendation need not be construed as
Note:Thefirst4requireconvictionbyfinaljudgment
unconstitutional act. Given the limited nature of
whileamnestydoesnot.
the Presidents authority to propose
constitutional amendments, she cannot Q: Are there limitations to the Presidents
guarantee to any third party that the required pardoningpower?
amendments will eventually be put in place, nor
even be submitted to a plebiscite. The most she A:Yes.It:
could do is submit these proposals as

53
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


1.Cannot be granted in cases of necessary before he can be declared to have
impeachment. violated the condition of her pardon. (Torres v.
2. Cannot be granted for violations of Gonzales,G.R.No.L76872,July23,1987)
election laws without favorable
recommendationsoftheCOMELEC. Q:Cananoffenderrejectpardon?
3. Canbegrantedonlyafterconvictionsby
finaljudgment(exceptamnesty). A:Itdepends.
4. Cannot be granted in cases of civil or
legislativecontempt. 1.ConditionalPardontheoffenderhastheright
5. Cannotabsolveconvictofcivilliability. to reject it since he may feel that the condition
6. Cannotrestorepublicofficesforfeited. imposedismoreonerousthanthepenaltysought
toberemitted.
Q:Whatispardon?Whatareitslegaleffects?
2.AbsolutePardonthepardoneehasnooption
A: Pardon is an act of grace which exempts
at all and must accept it whether he likes it or
individual on whom it is bestowed from
not.
punishment which the law inflicts for a crime he
has committed. As a consequence, pardon Note: In this sense, an absolute pardon is
grantedafterconvictionfreestheindividualfrom similar to commutation, which is also not
allthepenaltiesandlegaldisabilitiesandrestores subject to acceptance by the offender. (Cruz,
him to all his civil rights. But unless expressly PhilippinePoliticalLaw,2002ed.,p.232)
grounded on the persons innocence (which is
rare), it cannot bring back lost reputation for Q: Mon Daraya, the assistant city treasurer of
honesty, integrity and fair dealing. (Monsanto v. Caloocan, was convicted of estafa through
Factoran,G.R.No.78239,Feb.9,1989) falsification of public documents. However, he
wasgrantedanabsolutepardon,promptinghim
Note: Because pardon is an act of grace, no legal toclaimthatheisentitledtobereinstatedtohis
powercancompelthePresidenttogiveit.Congress former public office. Is Mons contention
has no authority to limit the effects of the tenable?
Presidentspardon,ortoexcludefromitsscopeany
class of offenders. Courts may not inquire into the A: No. Pardon does not ipso facto restore a
wisdomorreasonablenessofanypardongrantedby convictedfelonneithertohisformerpublicoffice
thePresident. nor to his rights and privileges which were
necessarilyrelinquishedorforfeitedbyreasonof
Q: What are the kinds of pardon? What makes
theconvictionalthoughsuchpardonundoubtedly
themdifferentfromeachother?
restoreshiseligibilitytothatoffice.(Monsantov.
A: Factoran,G.R.No.78239,Feb.9,1989)
1. Absolute pardon one extended
Q:Whatisreprieve?
withoutanyconditions

A: It is the postponement of sentence to a date
2. Conditional pardon one under which
the convict is required to comply with certain,orstayofexecution.
certainrequirements
Note: It may be ordered to enable the government
3. Plenary pardon extinguishes all the to secure additional evidence to ascertain the guilt
penalties imposed upon the offender, oftheconvictor,inthecaseoftheexecutionofthe
including accessory disabilities partial deathsentenceuponapregnantwoman,toprevent
pardondoesnotextinguishallpenalties thekillingofherunbornchild.

4. Partial pardon does not extinguish all Q:Whatiscommutation?
thepenalties
A:Itisthereductionormitigationofthepenalty,
Note: A judicial pronouncement that a convict who from death penalty to life imprisonment,
was granted a pardon subject to the condition that
he should not again violate any penal law is not remittances and fines. Commutation is a pardon

54
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
EXECUTIVE DEPARTMENT

informbutnotinsubstance,becauseitdoesnot the terms upon which the sentence shall be


affect his guilt; it merely reduces the penalty for suspended.
reasonsofpublicinterestratherthanforthesole
benefitoftheoffender. Q:Whatisamnesty?

Note:Commutationdoesnothavetobeinanyform. A: It is a grant of general pardon to a class of


Thus, the fact that a convict was released after 6 politicaloffenderseitherafterconvictionoreven
yearsandplacedunderhousearrest,whichisnota before the charges are filed. It is the form of
penalty, already leads to the conclusion that the executiveclemencywhichundertheConstitution
penaltyhasbeenshortened. may be granted by the President only with the
concurrenceofthelegislature.
Q: Can the SC review the correctness of the
action of the President in granting executive Note: Thus, the requisites of amnesty are (a)
clemency by commuting the penalty of concurrence of a majority of all the members of
dismissal, as ruled by the Court, to a dismissed Congressand(b)apreviousadmissionofguilt.
clerkofcourt?
Q:Whataretheeffectsofthegrantofamnesty?
A: Yes. By doing so, the SC is not deciding a
political question. What it is deciding is whether A: Criminal liability is totally extinguished by
or not the President has the power to commute amnesty; the penalty and all its effects are thus
thepenaltyofthesaidclerkofcourt.Asstatedin extinguished. Amnesty reaches back to the past
Dazav.Singson,G.R.No.8772130,December21, anderaseswhatevershadeofguilttherewas.In
1989, it is within the scope of judicial power to theeyesofthelaw,apersongrantedamnestyis
passuponthevalidityoftheactionsoftheother considered a newborn child. (Cruz, Philippine
departmentsoftheGovernment. PoliticalLaw,2002ed.,p.237)

Q:Whatisremission? Q:Differentiateamnestyfrompardon.

A: Remission of fines and forfeitures merely A:


preventsthecollectionoffinesortheconfiscation AMNESTY PARDON
offorfeitedproperty.Itcannothavetheeffectof AddressedtoPolitical AddressedtoOrdinary
offenses offenses
returningpropertywhichhasbeenvestedinthird
GrantedtoaClassof
partiesormoneyalreadyinthepublictreasury. GrantedtoIndividuals
Persons

Note:ThepowerofthePresidenttoremitfinesand
Requiresconcurrenceof
forfeitures may not be limited by any act of Doesnotrequire
majorityofallmembers
Congress. But a statue may validly authorize other concurrenceofCongress
ofCongress
officers,suchasdepartmentheadsorbureauchiefs,
toremitadministrativefinesandforfeitures. Publicacttowhichthe
Privateactwhichmust
courtmaytakejudicial
Q:Whatisprobation? bepleadedandproved
noticeof
Looksforwardand
Looksbackwardand
A: It is a disposition under which a defendant relievesthepardoneeof
putstooblivionthe
after conviction and sentence is released subject theconsequenceofthe
offenseitself
to conditions imposed by the court and to the offense
supervisionofaprobationofficer. Onlygrantedafter
Maybegrantedbefore
convictionbyfinal
orafterconviction
Q:Whatisaparole? judgment

A: The suspension of the sentence of a convict Neednotbeaccepted Mustbeaccepted


granted by a Parole Board after serving the
minimum term of the indeterminate sentence
penalty, without granting a pardon, prescribing

55
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


g.DIPLOMATICPOWERS President may still exercise this
power.
Q:WhatarethePresidentspowersoverforeign c. The power to deport aliens is
affairs? limitedbytherequirementsofdue
process,whichentitlesthealiento
A: The President is the chief architect of foreign afullandfairhearing.
relations. By reason of the President's unique d. But:thealienisnotentitledtobail
asamatterofright.(TanSinv.The
positionasHeadofState,heisthelogicalchoice
Deportation Board, G.R. No. L
as the nation's spokesman in foreign relations. 11511,Nov.28,1958)
The Senate, on the other hand, is granted the
right to share in the treatymaking power of the Note: The adjudication of facts upon
Presidentbyconcurringwithhimwiththerightto which the deportation is predicated
amend. devolvedonthePresidentwhosedecision
is final and executory. (Tan Tong v.
Q: What is the scope of the foreign relations Deportation Board, G.R. No. L7680, April
powersofthePresident? 30,1955)

A: The Presidents diplomatic powers include 6. Decidethatadiplomaticofficerwhohas
becomepersonanongrataberecalled.
powerto:

1. Negotiate treaties and other
7. Recognize governments and withdraw
international agreements. However,
recognition. (Cruz, Philippine Political
such treaty or international agreement
Law,2002ed.,p.239)
requires the concurrence of the Senate

(Sec. 21, Art. VII) which may opt to do
Q: Where do the Presidents diplomatic powers
thefollowing:
comefrom?
a. Approvewith2/3majority;
b. Disapproveoutright;or
c. Approve conditionally, with A: The extensive authority of the President in
suggested amendments which if foreignrelationsinagovernmentpatternedafter
renegotiated and the Senates thatoftheUSproceedsfrom2generalsources:
suggestions are incorporated, the 1. TheConstitution
treaty will go into effect without 2. The status of sovereignty and
needoffurtherSenateapproval. independenceofastate.

2. Appoint ambassadors, other public Q: Who ratifies a treaty? What is the scope of
ministers,andconsuls.
the power to concur treaties and international

3. Receive ambassadors and other public agreements?
ministers accredited to the Philippines.
(Cruz,PhilippinePoliticalLaw,2002ed., A: The power to ratify is vested in the President
p.239). subjecttotheconcurrenceofSenate.Theroleof
the Senate, however, is limited only to giving or
4. Contract and guarantee foreign loans withholdingitsconsentorconcurrence.Hence,it
onbehalfofRP.(Sec.20,Art.VII). is within the authority of the President to refuse

to submit a treaty to the Senate. Although the
5. Deportaliens:
refusalofastatetoratifyatreatywhichhasbeen
a. This power is vested in the
President by virtue of his office, signed in his behalf is a serious step that should
subject only to restrictions as may not be taken lightly, such decision is within the
be provided by legislation as competenceofthePresidentalone,whichcannot
regards to the grounds for be encroached upon by the Court via a writ of
deportation. (Sec. 69, Revised mandamus.(Pimentelv.Ermita,G.R.No.164978,
AdministrativeCode).
Oct.13,2005)
b. In the absence of any legislative
restriction to authority, the

56
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
EXECUTIVE DEPARTMENT

Note: The power of the Senate to give its A:


concurrence carries with it the right to introduce 1. Authority to impound given to the
amendments to a treaty. If the President does not President either expressly or impliedly
agreetoanyamendmentsorreservationsaddedtoa byCongress
treatybytheSenate,hisonlyrecourseistodropthe 2. The executive power drawn from the
treaty entirely. But if he agrees to the changes, he PresidentsroleasCommanderinChief
maypersuadetheothernationtoacceptandadopt
themodifications.
3. FaithfulExecutionclause

Note: Proponents of impoundment insist
that a faithful execution of the laws
h.BUDGETARYPOWER requires that the President desist from
implementing the law if doing so would
Q:Whatisbudgetarypower? prejudice public interest. An example
given is when through efficient and
A: Within 30 days from opening of every regular
prudent management of a project,
session, the President shall submit to Congress a
substantial savings are made. In such a
budgetofexpendituresandsourcesoffinancing,
including receipts from existing and proposed case, it is sheer folly to expect the
revenuemeasures.(Sec.22,Art.VII). President to spend the entire amount
budgeted in the law. (PHILCONSA v.
Note: This power is properly entrusted to the Enriquez,G.R.No.113105,Aug.19,1994)
President as it is the President who, as chief
administratorandenforcerofthelaws,isinthebest
positiontodeterminetheneedsofthegovernment
and propose the corresponding appropriations
thereforonthebasisofexistingorexpectedsources
ofrevenue.

i.RESIDUALPOWER

Q:Whatareresidualpowers?

A: Whatever power inherent in the government


that is neither legislative nor judicial has to be
executive. These unstated residual powers are
implied from the grant of executive power and
which are necessary for the President to comply
withhisdutiesunderheConstitution.(Marcosv.
Manglapus,G.R.No.88211,Oct.27,1989)

Note:Residualpowersarethosenotstatedorfound
in the Constitution but which the President may
validlyexercise.


j.ImpoundmentPower

Q:Whatisimpoundmentpower?

A: Impoundment refers to the refusal of the


President, for whatever reason, to spend funds
made available by Congress. It is the failure to
spendorobligatebudgetauthorityofanytype.

Q:Whataretheprincipalsourcesofthispower?

57
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


E.JUDICIALDEPARTMENT qualified,conditionalorsubjecttolimitations,the
issue of whether the prescribed qualifications or
a.JUDICIALPOWER conditions have been met or the limitations
respected is justiciablethe problem being one
Q:Whatisjudicialpower? of legality or validity, not its wisdom. Moreover,
the jurisdiction to delimit constitutional
A: Includes the duty of the courts of justice to boundaries has been given to the SC. When
settle actual controversies involving rights which political questions are involved, the Constitution
are legally demandable and enforceable, and to limitsthedelimitationastowhetherornotthere
determinewhetherornottherehasbeenagrave has been a grave abuse of discretion amounting
abuseofdiscretionamountingtolackorexcessof tolackorexcessofjurisdictiononthepartofthe
jurisdiction on the part of any branch or officialwhoseactionisbeingquestioned.
instrumentality of the Government. (Sec. 1[2],
Art.VIII) Note: The courts cannot be asked for advisory
opinions.
Q:Inwhatbodyisitvested?
Q:Canjudicialpowerbeshared?
A:ItisvestedinoneSupremeCourt(SC)andsuch
lower courts as may be established by law. (Sec. A: No. The US SC declared that judicial power
1,Art.VIII) cannotbeshared,asthepowersofthelegislature
andexecutivecannotalsotherebybeshared.(US
Q:Distinguishjusticiablequestionsfrompolitical v. Nixon, 418 US 683 41 Led 2d 1039, 94 SC t
questions. 3090,1974)

A: Q:Whatisthepowerofjudicialinquiry?
JUSTICIABLE POLITICALQUESTIONS
QUESTIONS A:Itisthepowerofthecourttoinquireintothe
Imply a given right Questions which involve exercise of discretionary powers to determine
legally demandable and thepolicyorthewisdom whether there is grave abuse of discretion
enforceable, an act or ofthelaworact,orthe amountingtolackorexcessofjurisdiction.
omission violative of morality or efficacy of
suchright,andaremedy the same. Generally it It is the power of the court to determine the
granted and sanctioned cannot be inquired by validityofgovernmentactsinconformitywiththe
bylawforsaidbreachof the courts. Further, Constitution.
right these are questions
which under the
Constitution:
b.JUDICIALREVIEW

a.Aredecidedbythe
people in their
Q:Whatisthepowerofjudicialreview?
sovereign capacity;
and A: The power of the SC to declare a law, treaty,
ordinance and other governmental act
b. Where full unconstitutional.
discretionary
authority has been Q:Whataretherequisitesofjudicialreview?
delegated either to
the executive or A:
legislative 1. Actual case an existing case or controversy
department. which is both ripe for resolution and
susceptibleofjudicialdetermination,andthat
Q: How does the definition of judicial power which is not conjectural or anticipatory, or
under the present Constitution affect the that which seeks to resolve hypothetical or
politicalquestiondoctrine? feignedconstitutionalproblems.

A:The1987Constitutionexpandstheconceptof Note: A petition raising a constitutional question
judicial review. Under the expanded definition, does not present an actual controversy unless it
theCourtcannotagreethattheissueinvolvedisa alleges a legal right or power. Moreover, it must
show that a conflict of rights exists, for inherent in
political question beyond the jurisdiction of the
the term controversy is the presence of opposing
court to review. When the grant of power is

58
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
JUDICIAL DEPARTMENT

views or contentions. Thecontroversy must also be considered in trial and, if not considered in trial, it
justiciable; that is, it must be susceptible of judicial cannotbeconsideredonappeal.
determination.(IBPv.Hon.RonaldoB.Zamora,G.R.
No.141284,Aug.15,2000) The Ombudsman has no jurisdiction to entertain
questions regarding constitutionality of laws. Thus,
2. Proper party one who has sustained or is in whentheissueofconstitutionalityalawwasraised
immediatedangerofsustaininganinjuryasa before the Court of Appeals (CA), which is the
resultoftheactcomplainedof. competent court, the constitutional question was
raised at the earliest opportune time. (Estarija v.
GR: If there is no actual or potential injury, Ranada,G.R.No.159314,June26,2006)
complainant has no legal personality to raise
Constitutionalquestions TheNLRCsforemostfunctionistoadministerandenforce
R.A. No. 8042, and not to inquire into the validity of its
XPN: If the question is of transcendental provisions. Therefore, even if the issue on the
importance constitutionality of the subject clause was first
raised,notinpetitioner'sappealwiththeNLRC,but
Note: The Principle of Transcendental in his Motion for Partial Reconsideration with said
Importanceisdeterminedby: labor tribunal,and reiterated in his Petition
forCertioraribefore the CA, the issue is deemed
a. The character of the funds or other seasonablyraisedbecauseitisnottheNLRCbutthe
assetsinvolvedinthecase; CA which has the competence to resolve the
constitutionalissue.(Serranov.NLRC,G.R.No.167614,
b. The presence of a clear case of Mar.29,2009)
disregard of a constitutional or statutory
prohibition by the public respondent 4.Necessityofdecidingconstitutionalquestions
agency or instrumentality of the as a joint act of the legislative and executive
government; authorities, a law is supposed to have been
carefully studied and determined to be
c.Thelackofanyotherpartywithamore constitutionalbeforeitwasfinallyenacted.As
direct and specific interest in raising the longasthereareotherbaseswhichcourtscan
questions being raised. (Francisco, Jr. v. use for decision, constitutionality of the law
House of Representatives, G.R. No. willnotbetouched.
160261,Nov.10,2003)
Q: What are the requisites before a law can be
3. Earliest opportunity Constitutional question declaredpartiallyunconstitutional?
must be raised at the earliest possible
opportunity. If not raised in pleadings, it A:
cannot be considered in trial and on appeal. 1.Thelegislaturemustbewillingtoretainvalid
However,suchisnotabsolute.Itissubjectto portion(separabilityclause)
thefollowingconditions:
2.Thevalidportioncanstandindependentlyas
a. Criminal case it may be brought at any law
stage of the proceedings according to the
discretion of the judge (trial or appeal) Q:WhatisthePrincipleofStareDecisis?
because no one shall be brought within the
terms of the law who are not clearly within A:Aprincipleunderlyingthedecisioninonecase
themandtheactshallnotbepunishedwhen isdeemedofimperativeauthority,controllingthe
thelawdoesnotclearlypunishthem. decisions of like cases in the same court and in
lower courts within the same jurisdiction, unless
b. Civil case it may be brought anytime if and until the decision in question is reversed or
the resolution of the Constitutional issue is overruledbyacourtofcompetentauthority.(De
inevitableinresolvingthemainissue. Castrov.JBC,G.R.No.191002,Apr.20,2010)

c.Whenthejurisdictionofthelowercourtis Q:IstheSCobligedtofollowprecedents?
inquestionexceptwhenthereisestoppel
A:No.TheCourt,asthehighestcourtoftheland,
Note: The earliest opportunity to raise a maybeguidedbutisnotcontrolledbyprecedent.
constitutional issue is to raise it in the pleadings Thus, the Court, especially with a new
beforeacompetentcourtthatcanresolvethesame, membership, is not obliged to follow blindly a
suchthat,ifnotraisedinthepleadings,itcannotbe particular decision that it determines, after re

59
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


examination,tocallforarectification.(DeCastro of Representatives, G.R. No. 160261, Nov. 10,
v.JBC,G.R.No.191002,April20,2010) 2003).

Q:Xfiledapetitiontosetasidetheawardofthe Q: What is the Doctrine of Relative


ZTEDOTC Broadband Deal. The OSG opposed Constitutionality?
thepetitiononthegroundthattheLegalService
A: The constitutionality of certain rules may
of the DOTC has informed it of the Philippine
depend upon the times and get affected by the
Governmentsdecisionnottocontinuewiththe
changing of the seasons. A classification that
ZTENBN Project.That said there is no more
might have been perfectly alright at the time of
justiciable controversy for the court to resolve.
itsinceptionmaybeconsidereddubiousatalater
Hence,theOSGclaimedthatthepetitionshould
time.
bedismissed.Xcounteredbysayingthatdespite
themootness,theCourtmustneverthelesstake

cognizance of the case and rule on the merits
1.OperativeFactDoctrine
due to the Courts symbolic function of

educatingthebenchandthebarbyformulating
Q:Whatismeantbytheoperativefactdoctrine?
guiding and controlling principles, precepts,
doctrines,andrules.Decide. A: It is a rule of equity. Under this doctrine, the
law is recognized as unconstitutional but the
A: The OSG is correct. The petition should be effects of the unconstitutional law, prior to its
dismissed for being moot. Judicial power declarationofnullity,maybeleftundisturbedas
presupposes actual controversies, the very amatterofequityandfairplay.(LeagueofCities
antithesis of mootness. In the absence of actual of the Philippines v. COMELEC, G.R. No. 176951,
justiciable controversies or disputes, the Court Nov.18,2008)
generally opts to refrain from deciding moot
issues. Where there is no more live subject of Q: Will the invocation of this doctrine an
controversy,theCourtceasestohaveareasonto admissionthatthelawisunconstitutional?
render any ruling or make any pronouncement.
(Suplicov.NEDA,G.R.Nos.178830,July14,2008) A: Yes. (League of Cities of the Philippines v.
COMELEC,G.R.No.176951,Nov.18,2008)
Q:Whatarethefunctionsofjudicialreview?

A: 2.MootQuestions
1. Checking invalidating a law or executive act
thatisfoundtobecontrarytotheConstitution Q:Whataremootquestions?

2.Legitimizingupholdingthevalidityofthelaw A: Questions whose answers cannot have any


that results from a mere dismissal of a case practical legal effect or, in the nature of things,
challengingthevalidityofthelaw cannot be enforced. (Baldo, Jr. v. COMELEC, G.R.
No.176135,June16,2009)
Note: Rule on double negative: uses the term not
unconstitutional; the court cannot declare a law Q:Whenisacasemootandacademic?
constitutional because it already enjoys a
presumptionofconstitutionality. A: It is moot and academic when it ceases to
present a justiciable controversy by virtue of
3.Symbolictoeducatethebenchandbarasto superveningeventssothatadeclarationthereon
the controlling principles and concepts on wouldbeofnopracticaluseorvalue.
matters of grave public importance for the
guidanceofandrestraintuponthefuture(Igotv. Q: Should courts decline jurisdiction over moot
COMELEC,G.R.No.L352245,Jan.22,1980) andacademiccases?

Q:Whatistheextentofpowerofjudicialreview A:GR:Thecourtsshoulddeclinejurisdictionover
inimpeachmentproceedings? suchcasesordismissitongroundofmootness.

A: The power of judicial review includes the XPNs:


power of review over justiciable issues in 1. There is a grave violation of the
impeachmentproceedings(Francisco,Jr.v.House Constitution

60
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
JUDICIAL DEPARTMENT

2. There is an exceptional character of the 7. Themembersofthejudiciary maynotbe


situation and the paramount public interest designated to any agency performing
isinvolved quasijudicialoradministrativefunctions

3. When the constitutional issue raised 8. Thesalariesofjudgesmaynotbereduced;


requiresformulationofcontrollingprinciples the judiciary enjoys fiscal autonomy (Sec.
toguidethebench,thebar,andthepublic 3,Art.VIII,1987Constitution)

4. The case is capable of repetition yet 9. The SC alone may initiate the
evading review. (David v. Arroyo, G.R. No. promulgationoftheRulesofCourt
171396,May3,2006)
10. The SC alone may order temporary detail
ofjudges
3.PoliticalQuestion
11. The SC can appoint all officials and
Q: What is meant by the political question employees of the Judiciary. (Nachura,
doctrine? ReviewerinPoliticalLaw,pp.310311)

A:Thedoctrinemeansthatthepowerofjudicial Q: What does the mandate of the Constitution


review cannot be exercised when the issue is a that the judiciary shall enjoy fiscal autonomy
political question. It constitutes another contemplate?
limitationonsuchpowerofthejudiciary.
A:InBengzonv.Drilon,G.R.No.103524,April15,
Q:Whatarepoliticalquestions? 1992, the SC explained that fiscal autonomy
contemplates a guarantee of full flexibility to
A:Thosequestionswhich,undertheConstitution, allocate and utilize resources with the wisdom
aretobedecidedbythepeopleintheirsovereign anddispatchthattheneedsrequire.Itrecognizes
capacity, or in regard to which full discretionary the power and authority to deny, assess and
authorityhasbeendelegatedtothelegislativeor collect fees, fix rates of compensation not
executive branch of the government. (Taada v. exceedingthehighestratesauthorizedbylawfor
Cuenco,G.R.No.L10520,February28,1957) compensation and pay plans of the government
and allocate and disburse such sums as may be
providedbylaworprescribedbyitinthecourse
c.JUDICIALINDEPENDENCESAFEGUARDS ofthedischargeofitsfunctions.

Q: What are the constitutional safeguards that
guaranteeindependenceofthejudiciary? d.JUDICIALRESTRAINT

A: Q: What does the Principle of Judicial Restraint
1. The SC is a constitutional body and may mean?
notbeabolishedbylaw
A: It is a theory of judicial interpretation that
2. Members are only removable by encourages judges to limit the exercise of their
impeachment ownpower.

3. The SC may not be deprived of its The commonlaw principle of judicial restraint
minimum and appellate jurisdiction; servesthepublicinterestbyallowingthepolitical
appellate jurisdiction may not be processestooperatewithoutundueinterference.
increased without its advice or (SinacavsMula,G.R.No.135691,September27,
concurrence 1999)

4. TheSChasadministrativesupervisionover Intermsoflegislativeacts,theprincipleofjudicial
allinferiorcourtsandpersonnel restraintmeansthateveryintendmentofthelaw
must be adjudged by the courts in favor of its
5. The SC has exclusive power to discipline constitutionality, invalidity being a measure of
judges/justicesofinferiorcourts lastresort.Inconstruingthereforetheprovisions
of a statute, courts must first ascertain whether
6. The members of the judiciary enjoy aninterpretationisfairlypossibletosidestepthe
security of tenure (Sec. 2 [2], Art. VIII, question of constitutionality. (Estrada v.
1987Constitution)

61
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


Sandiganbayan, G.R. No. 148560, November 19, however, exercise such functions as the SC may
2001) assigntoit.

The doctrine of separation of powers imposes Q:HowlongcanmembersoftheSCandjudges


upon the courts proper restraint born of the holdoffice?
nature of their functions and of their respect for
the other departments in striking down acts of A:MembersoftheSCandjudgesoflowercourts
the legislature as unconstitutional. (Francisco, Jr. canholdofficeduringgoodbehavioruntil:
v.TheHouseofRepresentatives,G.R.No.160261,
Bellosillo J., Separate Opinion, November 10, 1. Theageof70yearsold;or
2003)
2. They become incapacitated to discharge
theirduties.
e.APPOINTMENTSTOTHEJUDICIARY
Q: Does the prohibition against midnight
Q:Howaremembersofthejudiciaryappointed? appointments (Sec. 15, Art. VII two months
immediately before the next presidential
A:Themembersofthejudiciaryareappointedby elections and up to the end of his term, a
thePresidentofthePhilippinesfromamongalist President or acting President shall not make
of at least three nominees prepared by the appointments except temporary appointments
JudicialandBarCouncil(JBC)foreveryvacancy. toexecutivepositionswhencontinuedvacancies
thereinwillprejudicepublicserviceorendanger
Note: The appointment shall need no confirmation public safety) affect appointments to the
by the Commission on Appointments. (Sec. 9, Art. SupremeCourt?
VIII)
A:Itdoesnot.TheprohibitionunderSec.15,Art.
Vacancies in the SC should be filled within 90 days VII does not apply to appointments to fill a
fromtheoccurrenceofthevacancy. vacancy in the SC. (De Castro v. JBC, G.R. No.
191002,Mar.17,2010)
Vacanciesinlowercourtsshouldbefilledwithin90
daysfromsubmissiontothePresidentoftheJBClist. Q: What are the general qualifications for
appointmentstothejudiciary?
The filling of the vacancy in the Supreme Court
within the 90 day period is an exception to the
A: Of proven competence, integrity, probity and
prohibition on midnight appointments of the
independence(Sec.7[3],Art.VIII)
president.Thismeansthateveniftheperiodfallson
the period where the president is prohibited from
Q:Whatarethequalificationsforappointments
making appointments (midnight appointments), the
president is allowed to make appointments to fill
totheSC?
vacancies in the Supreme Court. (De Castro v. JBC,
G.R.No.191002,Apr.20,2010) A:
1. NaturalborncitizenofthePhilippines;
Q:WhatisthecompositionoftheJBC? 2. Atleast40yearsofage;
3. A judge of a lower court or engaged in
A:TheJBCiscomposedof: thepracticeoflawinthePhilippinesfor
15yearsormore(Sec.7[1],Art.VIII)
1. ChiefJustice,asexofficiochairman
2. Secretary of Justice, as an exofficio Q:Whatarethequalificationsforappointments
member tolowercollegiatecourts?
3. Representative of Congress, as an ex
officiomember A:
4. RepresentativeoftheIntegratedBar 1. NaturalborncitizenofthePhilippines
5. Aprofessoroflaw 2. MemberofthePhilippineBar
6. AretiredmemberoftheSC
7. Privatesectorrepresentative Note: Congress may prescribe other qualifications.
(Sec.7[1]and[2],Art.VIII)

Q:WhatarethefunctionsoftheJBC?
Q:Whatarethequalificationsforappointments
A: The principal function of the JBC is to tolowercourts?
recommend appointees to the judiciary. It may,

62
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
JUDICIAL DEPARTMENT

A:
1. CitizenofthePhilippines 2.ProceduralRuleMakingPower
2. MemberofthePhilippineBar
Q:Whatisthescopeoftherulemakingpowerof
Note: Congress may prescribe other qualifications. theSC?
(Sec.7[1]and[2],Art.VIII)
A:Promulgaterulesconcerning:

f.SUPREMECOURT 1. The protection and enforcement of


constitutionalrights
1.EnBancandDivisionCases 2. Pleadings, practice and procedure in all
courts
3. Admissiontothepracticeoflaw
Q: What are the cases that should be heard by 4. TheIntegratedBar
theSCenbanc? 5. Legalassistancetotheunderprivileged

A: Q: What are the limitations on its rule making
1. All cases involving the constitutionality of a power?
treaty, international or executive agreement,
orlaw; A:
1. It should provide a simplified and
2.AllcaseswhichundertheRulesofCourtmay inexpensive procedure for the speedy
berequiredtobeheardenbanc; dispositionofcases.
2. It should be uniform for all courts of the
3. All cases involving the constitutionality, samegrade.
application or operation of presidential 3. It should not diminish, increase, or modify
decrees, proclamations, orders, instructions, substantiverights.
ordinances,andotherregulations;

4.Casesheardbyadivisionwhentherequired g.ADMINISTRATIVESUPERVISIONOVERLOWER
majorityinthedivisionisnotobtained; COURTS

5. Cases where the SC modifies or reverses a Q: Who holds the power of disciplinary action
doctrine or principle of law previously laid overjudgesoflowercourts?
eitherenbancorindivision;
A:
6. Administrative cases involving the discipline 1. Only the SC en banc has jurisdiction to
ordismissalofjudgesoflowercourts; disciplineordismissjudgesoflowercourts.
7. Election contests for president or vice 2. Disciplinary action/dismissal majority vote
president. of the SC Justices who took part in the
deliberations and voted therein (Sec. 11,
Note: Other cases or matters may be heard in
Art.VIII)
division, and decided or resolved with the
concurrence of a majority of the members who
Note:TheConstitutionprovidesthattheSCisgiven
actuallytookpartinthedeliberationsontheissues
exclusive administrative supervision over all courts
and voted thereon, but in no case without the
andjudicialpersonnel.
concurrenceofatleastthreesuchmembers.

Congress shall have the power to define, prescribe


Q: Does the CSC have jurisdiction over an
and apportion the jurisdiction of the various courts employee of the judiciary for acts committed
but may not deprive the SC of its jurisdiction over while said employee was still in the executive
cases enumerated in Sec. 5, Art. VII, 1987 branch?
Constitution.
A: No. Administrative jurisdiction over a court
No law shall be passed increasing the appellate employee belongs to the SC, regardless of
jurisdictionoftheSCasprovidedintheConstitution whether the offense was committed before or
withoutitsadviceandconcurrence.(Sec.30,Art.VI) after employment in the Judiciary. (Ampong v.
CSC,G.R.No.167916,Aug.26,2008)

63
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


F.CONSTITUTIONALCOMMISSIONS 9. Each commission may promulgate its
ownproceduralrules
Q:WhataretheConstitutionalCommissions? 10. Chairmen and members are subject
tocertian disqualifications calculated to
A: strengthentheirintegrity
1. CivilServiceCommission(CSC) 11. Commissions may appoint their own
2. CommissiononElections(COMELEC) officials and employees in accordance
3. CommissiononAudit(CoA) withCivilServiceLaw

Note: TheCSC, COMELEC, and CoA areequallypre Note: The Supreme Court held that the no report,
eminent in their respective spheres. Neither one no release policy may not be validly enforced
may claim dominance over the others. In case of againstofficesvestedwithfiscalautonomy,without
conflictingrulings,itistheJudiciary,whichinterprets violating Sec. 5, Art. IXA of the Constitution. The
the meaning of the law and ascertains which view automatic release of approved annual
shallprevail(CSCv.Pobre,G.R.No.160508,Sept.15, appropriations to a Constitutional Commission
2004) vested with fiscal autonomy should thus be
construed to mean that no condition to fund
Q: Discuss the creation of the Constitutional releases may be imposed. (CSC v. DBM, G.R. No.
Commission. 158791,July22,2005)

A:ThecreationoftheConstitutionalCommissions Q: What are the prohibitions and inhibitions


is established in the Constitution because of the attached to the officers of Constitutional
extraordinary importance of their functions and Commissions?
the need to insulate them from the undesired
A: No member of a Constitutional Commission
political interference or pressure. Their
shall,duringhistenure:
independence cannot be assured if they were to
becreatedmerelybystatute. 1. Holdanyotherofficeoremployment
2. Engageinthepracticeofanyprofession
3. Engage in the active management and
1.INSTITUTIONALINDEPENDENCESAFEGUARDS control of any business which in any
waymaybeaffectedbythefunctionof
Q: What are the guarantees of independence hisoffice
provided for by the Constitution to the 3 4. Be financially interested, directly or
Commissions? indirectly,inanycontractwith,orinany
franchise or privilege granted by the
Government, any of its subdivisions,
A:
agencies or instrumentalities, including
1. They are constitutionallycreated; may GOCCsortheirsubsidiaries
notbeabolishedbystatute
2. Each is conferred certain powers and
Q: Discuss the certiorari jurisdiction of the SC
functions which cannot be reduced by
overtheseCommissions.
statute

3. Each is expressly described as
A: Proceedings are limited to issues involving
independent
grave abuse of discretion resulting in lack or
4. Chairmenandmembersaregivenfairly
excess of jurisdiction and does not ordinarily
longtermofofficefor7years
empowertheCourttoreviewthefactualfindings
5. Chairmen and members cannot be
oftheCommissions.(Aratucv.COMELEC,G.R.No.
removedexceptbyimpeachment
L4970509,Feb.8,1979)
6. Chairmen and members may not be

reappointed or appointed in an acting
capacity Q: What are the requisites for the effective
7. Salaries of chairmen and members are operation of the rotational scheme of terms of
relatively high and may not be constitutionalbodies?
decreasedduringcontinuanceinoffice
8. Commissionsenjoyfiscalautonomy

64
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
CONSTITUTIONAL COMMISSIONS

A: progressiveness and courtesy in the


1. The original members of the CivilService
Commissionshallbegintheirtermsona 3. Strengthens the merits and rewards
commondate system
4. Integrates all human resources and
2. Any vacancy occurring before the developmentprogramsforalllevelsand
expiration of the term shall be filled ranks
only for the balance of such term. 5. Institutionalizes a management climate
(Republic v. Imperial, G.R. No. L8684, conducive to public accountability (Sec.
Mar.31,1995) 3,Art.IXB)

Q: Discuss the decisionmaking process in these Q:WhatisthecompositionoftheCSC?
Commissions.
A:
A: 1. Each Commission shall decide matter or 1. 1Chairman
2. 2Commissioners
cases by a majority vote of all the

memberswithin60daysfromsubmission.
Q: What are the qualifications of the CSC
Commissioners?
a. COMELEC may sit en banc or in 2
divisions.
b. Election cases, including pre A:
proclamation controversies are 1. NaturalborncitizensofthePhilippines
decided in division, with motions 2. Atleast35yearsoldatthetimeoftheir
for reconsideration filed with the appointments
COMELECenbanc. 3. With proven capacity for public
c. The SC has held that a majority administration
decision decided by a division of 4. Notcandidatesforanyelectiveposition
theCOMELECisavaliddecision. in the elections immediately preceding
theirappointment
2. As collegial bodies, each Commission 5. AppointeesbythePresidenttotheCSC
must act as one, and no one member need Commission on Appointments
can decide a case for the entire confirmation
commission
Q: What is the term of office of the CSC
Q:Discusstheruleonappeals. Commissioners?

st
A: A: 7 years (except for the 1 appointees where
1. Decisions, orders or rulings of the the Chairman has 7 years, 1 Commissioner has5
COMELEC/CoAmaybebroughtoncertiorari yearswhileanotherhas3years).
totheSCunderRule65.
Q: What is the meaning and guarantee of
2.Decisions,ordersorrulingsoftheCSCshould
securityoftenure?
beappealedtotheCAunderRule43.

A:AccordingtoPalmerav.CSC,G.R.No.110168,
2.CONCEPTSCOMPOSITIONSANDFUNCTIONS Aug. 4, 1994, security of tenure means that no
officer or employee in the Civil Service shall be
a.CIVILSERVICECOMMISSION suspended or dismissed except for cause as
providedbylawandafterdueprocess.
Q:WhatarethefunctionsoftheCSC?
Note:Itguaranteesbothproceduralandsubstantive
A: As the central personnel agency of the dueprocess.

government,it:
1. Establishesacareerservice b.COMMISSIONONELECTIONS
2. Adopts measures to promote morale,
efficiency, integrity, responsiveness,
Q:WhatisthecompositionoftheCOMELEC?

65
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


i. Regional
A: ii. Provincial
1. 1Chairman iii. Cityofficials
2. 6Commissioners
b. Exclusive appellate jurisdiction over all
Q: What are the qualifications of the COMELEC contestsinvolving:
Commissioners? i. Elective municipal officials
decided by trial courts of
A: generaljurisdiction
1. NaturalborncitizensofthePhilippines ii. Elective barangay officials
2. Atleast35yearsoldatthetimeoftheir decided by courts of limited
appointments jurisdiction.
3. Collegedegreeholder
4. Not a candidate for any elective c. Contemptpowers
position in the elections immediately i. COMELEC can exercise this
precedingtheirappointment power only in relation to its
5. Majority, including the chairman, must adjudicatory or quasijudicial
be members of the Philippine Bar who functions. It cannot exercise
have been engaged in the practice of this in connection with its
lawatleast10years.(Sec.1,Art.IXC) purelyexecutiveorministerial
functions
ii. If it is preproclamation
Q: What is the term of office of the COMELEC
controversy, the COMELEC
Commissioners? exercises quasijudicial/
administrativepowers.
A: Seven (7) years without reappointment. If iii. Its jurisdiction over contests
however, the appointment was ad interim, a (after proclamation), is in
subsequentrenewaloftheappointmentdoesnot exercise of its judicial
violate the prohibition on reappointments functions.
becausenopreviousappointmentwasconfirmed
by the CA. Furthermore, the total term of both Note: The COMELEC may issue writs of
appointments must not exceed the 7year limit. certiorari, prohibition, and mandamus in
(Matibag v. Benipayo, G.R. No. 149036, Apr. 2, exerciseofitsappellatefunctions.
2002)

3. Decide,exceptthoseinvolvingtheright
Q:MaythePresidentdesignateamemberofthe to vote, all questions affecting
COMELECasactingChairman?Explain. elections, including determination of
the number and location of polling
A: No The Constitution says that in no case shall places,appointmentofelectionofficials
any member be appointed or designated in a and inspectors, and registration of
temporaryoractingcapacity.Thedesignationby voters.
the President violates the independence of the
Note:Questionsinvolvingtherighttovote
COMELEC.(Sec.1[2],Art.IXB,C,D).
fall within the jurisdiction of ordinary
courts.
Q: What are the constitutional powers and

functionsoftheCOMELEC?
4. Deputize, with the concurrence of the
President, law enforcement agencies
A: and instrumentalities of the
1. Enforce and administer all laws and government, including the AFP, for the
regulations relative to the conduct of an exclusive purpose of ensuring free,
election, plebiscite, initiative, referendum, orderly, honest, peaceful and credible
andrecall. elections.

2. Exercise: 5. Registration of political parties,
a. Exclusive original jurisdiction over all organizations, or coalitions and
contestsrelatingtotheelection,returns accreditation of citizens arms of the
andqualificationsofallelective: COMELEC.

66
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
CONSTITUTIONAL COMMISSIONS

municipal and barangay offices are final, executory


6. File,uponaverifiedcomplaint,oronits and not appealable, (Art. IXC, Sec. 2[2]) does not
own initiative, petitions in court for precludearecoursetotheSupremeCourtbywayof
inclusion or exclusion of voters; a special civil action of certiorari. (Galido v.
investigate and, where appropriate, COMELEC,G.R.No.95346,Jan.18,1991)
prosecutecasesofviolationsofelection

laws, including acts or omissions
Q: Can the COMELEC exercise its power of
constituting election frauds, offenses
andmalpractices. contemptinconnectionwithitsfunctionsasthe
National Board of Canvassers during the
a. COMELEChasexclusivejurisdiction elections?
to investigate and prosecute cases
forviolationsofelectionlaws. A: Yes. The effectiveness of the quasijudicial
powervestedbylawonagovernmentinstitution
b. COMELEC can deputize hinges on its authority to compel attendance of
prosecutors for this purpose. The
thepartiesand/ortheirwitnessesatthehearings
actions of the prosecutors are the
actionsoftheCOMELEC. or proceedings. In the same vein, to withhold
from the COMELEC the power to punish
Note:Preliminaryinvestigationconducted individuals who refuse to appear during a fact
byCOMELECisvalid. finding investigation, despite a previous notice
and order to attend, would render nugatory the
7. Recommend to the Congress effective COMELECs investigative power, which is an
measures to minimize election
essentialincidenttoitsconstitutionalmandateto
spending, including limitation of places
where propaganda materials shall be secure the conduct of honest and credible
posted,andtopreventandpenalizeall elections. (Bedol v. COMELEC, G.R. No. 179830,
forms of election frauds, offenses, Dec.3,2009)
malpractices,andnuisancecandidacies.
Q: What cases fall under the jurisdiction of
8. Recommend to the President the COMELECbydivision?
removal of any officer or employee it
hasdeputized,ortheimpositionofany
A:Electioncasesshouldbeheardanddecidedby
otherdisciplinaryaction,forviolationor
disregard of, or disobedience to its adivision.Ifadivisiondismissesacaseforfailure
directive,order,ordecision. of counsel to appear, the MR may be heard by
thedivision.
9. Submit to the President and the
Congress a comprehensive report on Note: In Balajonda v. COMELEC, G.R. No. 166032,
theconductofeachelection,plebiscite, Feb. 28, 2005, the COMELEC can order immediate
initiative,referendum,orrecall. executionofitsownjudgments.

Q:Allelectioncases,includingpreproclamation Q: What cases fall under the jurisdiction of
controversies,mustbedecidedbytheCOMELEC COMELECenbanc?
in division. Should a party be dissatisfied with
thedecision,whatremedyisavailable? A:MotionforReconsiderationofdecisionsshould
be decided by COMELEC en banc. It may also
A: The dissatisfied party may file a motion for directly assume jurisdiction over a petition to
reconsideration before the COMELEC en banc. If correctmanifesterrorsinthetallyingofresultsby
the en bancs decision is still not favorable, the BoardofCanvassers.
same, in accordance with Art. IXA, Sec. 7, may
be brought to the Supreme Court on certiorari. Note:Anydecision,orderorrulingoftheCOMELEC
(Reyes v. RTC of Oriental Mindoro, G.R. No. intheexerciseofitsquasijudicialfunctionsmaybe
108886,May5,1995) brought to the SC on certiorari under Rules 64 and
65oftheRevisedRulesofCourtwithin30daysfrom
Note:Thefactthatdecisions,finalordersorrulings receiptofacopythereof.
of the COMELEC in contests involving elective

67
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


These decisions or rulings refer to the decision or preceding their appointment. (Sec. 1,
finalorderoftheCOMELECenbancandnotofany Art.IXD)
divisionthereof.
Q: What is the term of office of the COA
Q: What are the acts that fall under the Commissioners?
COMELECspowertosuperviseorregulate?
A:7yearswithoutreappointment.
A:
1. The enjoyment or utilization of all Q:WhatarethepowersanddutiesofCOA?
franchises or permits for the operation
of transportation and other public A:
utilities, media of communication or 1. Examine, audit and settle all accounts
information. pertaining to revenue and receipts of, and
2. Grants,specialprivilegesorconcessions expenditures or uses of funds and property
granted by the government or any owned or held in trust or pertaining to
subdivision, agency or instrumentality government
thereof, including any GOCC or its
subsidiary.(Sec.4,Art.IXC) 2. Keep general accounts of government and
preservevouchersandsupportingpapers

Q: When can COMELEC exercise its
3. Authoritytodefinethescopeofitsauditand
constitutionalpowersandfunctions? examination, establish techniques and
methodsrequiredtherefore
A:
1. Duringelectionperiod90daysbefore 4. Promulgate accounting and auditing rules
the day of the election and ends 30 and regulations, including those for
days thereafter. In special cases, preventionanddisallowance.(Sec.2,Art.IX
COMELECcanfixaperiod. D)

2. Appliesnotonlytoelectionsbutalsoto Q: Can the COA be divested of its power to
plebiscitesandreferenda. examineandauditgovernmentagencies?

A:Nolawshallbepassedexemptinganyentityof
c.COMMISSIONONAUDIT the Government or its subsidiary in any guise
whatsoever, or any investment of public funds,
Q:Whatisitscomposition? fromthejurisdictionoftheCommissiononAudit.

A: The mere fact that private auditors may audit
1. 1Chairman governmentagenciesdoesnotdivesttheCOAof
2. 2Commissioners its power to examine and audit the same
government agencies. (DBP v. COA, G.R. No.
Q: What are the qualifications of COA 88435,Jan.16,2002)
Commissioners?
Q: The PNB was then one of the leading
A: governmentowned banks and it was under the
1. NaturalborncitizensofthePhilippines auditjurisdictionoftheCOA.Afewyearsago,it
2. Atleast35yearsoldatthetimeoftheir wasprivatized.Whatistheeffect,ifany,ofthe
appointments privatization of PNB on the audit jurisdiction of
3. Either: theCOA?
a. CPAs with at least 10 years of
auditingexperience;or A: Since the PNB is no longer owned by the
b. MembersofPhilippineBarwith10 Government, the COA no longer has jurisdiction
yearsofpracticeoflaw. to audit it as an institution. Under Sec. 2(2), Art.
4. Memberscannotallbelongtothesame IXD of the Constitution, it is a GOCC and their
profession subsidiaries which are subject to audit by the
5. SubjecttoconfirmationoftheCA COA.However,inaccordancewithSec.2(1),Art.
6. Not a candidate for any elective IXD, the COA can audit the PNB with respect to
position in the elections immediately its accounts because the Government still has

68
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
CONSTITUTIONAL COMMISSIONS

equityinit.(PALvs.COA,G.R.No.91890,June9, A: The CSC. It is the intent of the Civil Service


1995) Law,inrequiringtheestablishmentofagrievance
procedure, that decisions of lower officials (in
3.JUDICIALREVIEW casesinvolvingpersonnelactions)beappealedto
the agency head, then to the CSC. The RTC does
Q: How are decisions of the commissions not have jurisdiction over such personal actions.
reviewedbytheSC? (G.R.No.140917.October10,2003)

A: Q: Which body has the exclusive original
1. COA: Judgments or final orders of the jurisdiction over all contests relating to the
Commission on Audit may be brought by an elections?
aggrieved party to the Supreme Court on
certiorari under Rule 65. Only when COA acts A:ItistheCOMELEC.
without or excess in jurisdiction, or with grave
abuseofdiscretionamountingtolackorexcessof Note:TheCOMELECalsohavetheexclusiveoriginal
jurisdiction, may the SC entertain a petition for jurisdictionoverallcontestsrelatingtoreturns,and
certiorariunderRule65. qualificationsofallelectiveregional,provincial,and
cityofficials.
2. CSC: In the case of decisions of the CSC,
AdministrativeCircular195538whichtookeffect The COMELEC also have the appellate jurisdiction
onJune1,1995,providesthatfinalresolutionsof overallcontestsinvolvingelectivemunicipalofficials
decided by trial courts of general jurisdiction, or
theCSCshallbeappealablebycertioraritotheCA
involving elective barangay officials decided by trial
within 15 days from receipt of a copy thereof.
courtsoflimitedjurisdiction.
From the decision of the CA, the party adversely

affectedtherebyshallfileapetitionforreviewon
Q: What is the difference between the
certiorariunderRule45oftheRulesofCourt.
jurisdiction of the COMELEC before the

proclamation and its jurisdiction after


3. COMELEC: only decision en banc may be
proclamation?
broughttotheCourtbycertiorarisinceArticleIX

C, says that motions for reconsideration of
A: The difference lies in the due process
decisions shall be decided by the Commission en
implications.
banc.(Reyesv.Mindoro,G.R.No.108886,May5,
1995) OVERPRE OVERCONTESTS(AFTER
PROCLAMATION PROCLAMATION)
Q: When certiorari to the Supreme Court is CONTROVERSY
chosen,whatisrequired? COMELECs jurisdiction COMELECs jurisdiction
is administrative or is judicial and is
A: Rule 65, Section 1 says that certiorari may be quasijudicial and is governed by the
resorted to when there is no other plain or governed by the less requirements of judicial
speedy and adequate remedy. But stringent requirements process.
reconsideration is a speedy and adequate of administrative due
remedy. Hence, a case may be brought to the process(althoughtheSC
SupremeCourtonlyafterreconsideration. has insisted that
question on
qualifications should
4.QUASIJUDICIALFUNCTION be decided only after a
fulldresshearing).
Q; Does the CSC have the power to hear and
Note: Hence, even in the case of regional or
decideadministrativecases?
provincial or city offices, it does make a difference

whether the COMELEC will treat it as a pre


A: Yes, Under the Administrative Code of 1987,
proclamationcontroversyorasacontest.
the CSC has the power to hear and decide

administrative cases instituted before it directly

oronappeal,includingcontestedappointments.

Q:Whichbodyhasthejurisdictiononpersonnel
actions,coveredbythecivilservice?

69
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


G.BILLOFRIGHTS Purpose
Property Propertyis Propertyis
a.FUNDAMENTALPOWERSOFTHESTATE takenis takenfor takenfor
destroyed publicuse publicuse
Q: What are the fundamental powers of the Compensation
State? Intangible; Protectionand Valueofthe
general public property
A: welfare improvements expropriated
1. PolicePower
2. PowerofEminentDomain
3. PowerofTaxation 1.POLICEPOWER

Q: What are the similarities among the Q: What are the characteristics of police power
fundamentalpowersoftheState? as compared to the powers of taxation and
eminentdomain?
A:
1. TheyareinherentintheStateandmay A: Police power easily outpaces the other two
be exercised by it without need of powers. It regulates not only property, but also
expressconstitutionalgrant. thelibertyofpersons.Policepowerisconsidered
2. They are not only necessary but the most pervasive, the least limitable, and the
indispensable. The State cannot most demanding of the three powers. It may be
continueorbeeffectiveunlessitisable exercised as long as the activity or property
toexercisethem. soughttoberegulatedhassomerelevancetothe
3. They are methods by which the State publicwelfare.(Gerochiv.DepartmentofEnergy,
interfereswithprivaterights. G.R.159796,July17,2007)
4. They all presuppose an equivalent
compensation for the private rights Q:Whataretheaspectsofpolicepower?
interferedwith.
5. They are exercised primarily by the A:Generally,policepowerextendstoallthegreat
legislature. public needs. However, its particular aspects are
thefollowing:
Q: What are the common limitations of these 1. Publichealth
powers? 2. Publicmorals
3. Publicsafety
A: 4. Publicwelfare
1. May not be exercised arbitrarily to the
prejudiceoftheBillofRights Q:Whoexercisespolicepower?
2. Subject at all times to the limitations
and requirements of the Constitution A:
andmayinpropercasesbeannulledby GR: Police power is lodged primarily in the
the courts, i.e. when there is grave nationallegislature.
abuseofdiscretion.
XPN: By virtue of a valid delegation of
Q: How do these powers differ from one legislativepower,itmaybeexercisedbythe:
another?
1. President
A: 2. Administrativebodies
Eminent 3. Lawmaking bodies on all municipal
PolicePower Taxation
Domain levels, including the barangay.
Extentofpower Municipal governments exercise this
Regulates power under the general welfare
Affectsonly Affectsonly
libertyand clause. (Gorospe, Constitutional Law:
propertyrights propertyrights
property NotesandReadingsontheBillofRights,
Powerexercisedbywhom CitizenshipandSuffrage,Vol.2.)

Exercisedonly Exercisedonly Maybe Q:Whataretherequisitesforthevalidexercise
bythe bythe exercisedby
ofpolicepowerbythedelegate?
government government privateentities

70
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

A: 1. ThePresidentofthePhilippines
1. Expressgrantbylaw 2. Variouslocallegislativebodies
2. Mustnotbecontrarytolaw 3. Certain public corporations like the
3. GR:WithinterritoriallimitsofLGUs Land Authority and National Housing
XPN: When exercised to protect water Authority
supply(Wilsonv.CityofMountainLake 4. Quasipublic corporations like the
Terraces,417P.2d632,1966) PhilippineNationalRailways

Q: Can anyone compel the government to Q: Distinguish the between the power of
exercisepolicepower? expropriation as exercised by Congress and the
power of expropriation as exercised by
A: No. The exercise of police power lies in the delegates.
discretionofthelegislativedepartment.Theonly
remedy against legislative inaction is a resort to A: When exercised by Congress, the power is
the bar of public opinion, a refusal of the pervasive and allencompassing but when
electorate to turn to the legislative members exercised by delegates, it can only be broad as
who, in their view, have been remiss in the the enabling law and the conferring authorities
dischargeoftheirduties. wantittobe.

Q: Can the courts interfere with the exercise of As to the question of necessity, the same is a
policepower? politicalquestionwhenthepowerisexercisedby
Congress. On the other hand, it is a judicial
A:No.Ifthelegislaturedecidestoact,thechoice questionwhenexercisedbydelegates.Thecourts
of measures or remedies lies within its exclusive candeterminewhetherthereisgenuinenecessity
discretion, as long as the requisites for a valid for its exercise, as well as the value of the
exercise of police power have been complied property.
with.
Q:Whataretherequisitesforavalidtaking?
Q: What are the tests to determine the validity
ofapolicemeasure? A:PMAPO
1. The expropriator must enter a Private
A: property
1. Lawful subject The interests of the 2. Entry must be for more than a
public generally, as distinguished from Momentaryperiod
those of a particular class, require the 3. Entrymustbeunderwarrantorcolorof
exerciseofthepolicepower legalAuthority
4. PropertymustbedevotedtoPublicuse
2. Lawful means The means employed orotherwiseinformallyappropriatedor
are reasonably necessary for the injuriouslyaffected
accomplishmentofthepurposeandnot 5. Utilizationofpropertymustbeinsucha
undulyoppressiveuponindividuals way as to Oust the owner and deprive
him of beneficial enjoyment of the
property (Republic v. vda. De Castellvi,
2.EMINENTDOMAIN G.R.No.L20620,Aug.15,1974)

Q: What are the conditions for the exercise of Q:Whatpropertiescanbetaken?
thepowerofeminentdomain?
A: All private property capable of ownership,
A: includingservices.
1. Takingofprivateproperty
2. Forpublicuse Q:Whatpropertiescannotbetaken?
3. Justcompensation
4. Observanceofdueprocess A:Moneyandchosesinaction,personalrightnot
reducedinpossessionbutrecoverablebyasuitat
Q:Whoexercisesthepowerofeminentdomain? law, right to receive, demand or recover debt,
demand or damages on a cause of action ex
A:Congress.However,thefollowingmayexercise contractuorforatortoromissionofduty.
thispowerbyvirtueofavaliddelegation:

71
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


Q:Distinguisheminentdomainfromdestruction XPN: In cases involving CARP, compensation
fromnecessity. maybeinbondsorstocks,forithasbeenheld
as a nontraditional exercise of the power of
A: eminent domain. It is not an ordinary
Destructionfrom expropriation where only a specific property
Eminentdomain
necessity ofrelativelylimitedareaissoughttobetaken
Whocanexercise bytheStatefromitsownerforaspecificand
Onlyauthorized Maybevalidly perhaps local purpose. It is rather a
publicentitiesor undertakenbyprivate revolutionary kind of expropriation
publicofficials individuals (Association of Small Landowners in the
Kindofright Philippines, Inc. v. Secretary of Agrarian
Rightofselfdefense, Reform,G.R.No.78742,14July1989).
selfpreservation,
Publicright
whetherappliedto
Q: When should assessment of the value of the
personsortoproperty
propertybedetermined?
Requirement

Noneedforconversion;
Conversionof A:Thevalueofthepropertymustbedetermined
nojustcompensation
propertytakenfor either at the time of taking or filing of the
butpaymentintheform
publicuse;payment complaint,whichevercomesfirst.(EPZAv.Dulay,
ofdamageswhen
ofjustcompensation G.R.No.59603,April29,1987).
applicable
Beneficiary
State/public Private Q: Does nonpayment of just compensation
(Gorospe,ConstitutionalLaw:NotesandReadings entitle the private owner to recover possession
ontheBillofRights,CitizenshipandSuffrage,Vol. oftheexpropriatedproperty?
2)
A:
Q:Doestherequisiteofpublicusemeanuseby GR: Nonpayment by the government does
thepublicatlarge? not entitle private owners to recover
possession of the property because
A: No. Whatever may be beneficially employed expropriationisaninremproceeding,notan
forthegeneralwelfaresatisfiestherequirement. ordinary sale, but only entitle them to
Moreover,thatonlyfewpeoplebenefitsfromthe demand payment of the fair market value of
expropriation does not diminish its publicuse theproperty.
character because the notion of public use now
includes the broader notion of indirect public XPNS:
benefit or advantage.(Manosca v. CA, G.R. 1. Whenthereisdeliberaterefusaltopay
166440,Jan.29,1996). justcompensation
2. Governments failure to pay
Q:Whatisjustcompensation? compensation within 5 years from the
finality of the judgment in the
A:Itisthefullandfairequivalentoftheproperty expropriation proceedings. This is in
taken from the private owner (owners loss) by connection with the principle that the
the expropriator. It is usually the fair market government cannot keep the property
value (FMV) of the property and must include anddishonorthejudgment.(Republicv.
consequential damages (damages to the other Lim,G.R.No.161656,June29,2005)
interest of the owner attributed to the
expropriation) minus consequential benefits Q: Is the owner entitled to the payment of
(increaseinthevalueofotherinterestsattributed interest? How about reimbursement of taxes
tonewuseoftheformerproperty). paidontheproperty?

Note: FMV is the price fixed by the parties willing A: Yes, the owner is entitled to the payment of
butnotcompelledtoenterintoacontractofsale. interest from the time of taking until just
compensation is actually paid to him. Taxes paid
Q: Does compensation have to be paid in by him from the time of the taking until the
money? transfer of title (which can only be done after
actual payment of just compensation), during
A: which he did not enjoy any beneficial use of the
GR:Yes. property,arereimbursablebytheexpropriator.

72
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

Q:What legal interest should be used in the 3. Territorialityorsitusoftaxation


computationofinterestonjustcompensation? 4. Exemptionofgovernmentfromtaxation
5. Internationalcomity
A: An interest of 12% per annum on the just
compensation due the landowner. (LBP v. Q:WhatareConstitutionallimitations?
WycocoG.R.No.140160,January13,2004)
A:
1. Dueprocessoflaw(Art.III,Sec.1)
3.TAXATION 2. Equalprotectionclause(Art.III,Sec.1)
3. Uniformity,equitabilityandprogressive
Q:Whataretaxesandwhatistaxation? systemoftaxation(Art.VI,Sec28)
4. Nonimpairment of contracts (Art. III,
A:Taxesare: Sec.10)
1. Enforced proportional contributions 5. Nonimprisonment for nonpayment of
frompersonsandproperty polltax(Art.III,Sec.20)
2. Levied by the State by virtue of its 6. Revenue and tariff bills must originate
sovereignty in the House of Representatives (Art I,
3. Forthesupportofthegovernment Sec.7)
4. Forpublicneeds 7. Noninfringement of religious freedom
(Art.III,Sec.4)
Taxation is the method by which these 8. Delegationoflegislativeauthoritytothe
contributions are exacted. (Gorospe, President to fix tariff rates, import and
ConstitutionalLaw:NotesandReadingsontheBill export quotas, tonnage and wharfage
ofRights,CitizenshipandSuffrage,Vol.2) dues
9. Tax exemption of properties actually,
Q: What is the source of the obligation to pay directly and exclusively used for
taxes? religious, charitable and educational
purposes(NIRC,Sec30)
A:Paymentoftaxesisanobligationbasedonlaw, 10. Majority vote of all the members of
andnotoncontract.Itisadutyimposeduponthe Congress required in case of legislative
individualbythemerefactofhismembershipin grantoftaxexemptions
thebodypoliticandhisenjoymentofthebenefits 11. Nonimpairment of SCs jurisdiction in
availablefromsuchmembership. taxcases
12. Tax exemption of revenues and assets
Note: Except only in the case of poll (community) of, including grants, endowments,
taxes, nonpayment of a tax may be the subject of donations or contributions to
criminal prosecution and punishment. The accused educationalinstitutions
cannotinvoketheprohibitionagainstimprisonment
fordebtastaxesarenotconsidereddebts. Q:Dolocalgovernmentunitshavethepowerof
taxation?
Q:Whatarethematterslefttothediscretionof
thelegislature? A: Yes. Each LGU shall have the power to create
its own sources of revenues and to levy taxes,
A: fees and charges subject to such guidelines and
1. Whethertotaxinthefirstplace limitations as the Congress may provide,
2. Whomorwhattotax consistent with the basic policy of local
3. Forwhatpublicpurpose autonomy. Such taxes, fees, and charges shall
4. Amountorrateofthetax accrue exclusively to the local governments (Sec.
5,Art.X).
Q: What are the limitations, in general, on the
poweroftaxation? Q:Shouldtherebenoticeandhearingforthe
enactmentoftaxlaws?
A:InherentandConstitutionallimitations.
A: From the procedural viewpoint, due process
Q:Whatareinherentlimitations? does not require previous notice and hearing
beforealawprescribingfixedorspecifictaxeson
A: certain articles may be enacted. But where the
1. Publicpurpose taxtobecollectedistobebasedonthevalueof
2. Nondelegabilityofpower

73
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


taxable property, the taxpayer is entitled to be Inc. vs. City Mayor of Manila, G.R. No. L24693,
notifiedoftheassessmentproceedingsandtobe Oct.23,1967).
heardthereinonthecorrectvaluationtobegiven
theproperty.
b.PRIVATEACTSANDTHEBILLOFRIGHTS
Q: What is the meaning of uniformity in
taxation? Q:WhatistheBillofRights?

A:Itreferstogeographicaluniformity,meaningit A: It is the set of prescriptions setting forth the
operateswiththesameforceandeffectinevery fundamental civil and political rights of the
placewherethesubjectofitisfound. individual, and imposing limitations on the
powersofgovernmentasameansofsecuringthe
Q:Whatisaprogressivesystemoftaxation? enjoymentofthoserights.

A: This means that the tax rate increases as the Q:WhencantheBillofRightsbeinvoked?
taxbaseincreases.
A: In the absence of governmental interference,
Q:Whatisdoubletaxation? the liberties guaranteed by the Constitution
cannot be invoked against the State. The Bill of
A:Itoccurswhen: Rights guarantee governs the relationship
1. Taxesarelaidonthesamesubject betweentheindividualandtheState.Itsconcern
2. Bythesameauthority is not the relation between private individuals.
3. Duringthesametaxingperiod What it does is to declare some forbidden zones
4. Forthesamepurpose in the private sphere inaccessible to any power
holder.(Peoplev.Marti,G.R.No.81561,Jan.18,
Note: There is no provision in the Constitution 1991)
specifically prohibiting double taxation, but it will
not be allowed if it violates equal protection. Q: Can the Bill of Rights be invoked against
(Gorospe,ConstitutionalLaw:NotesandReadings privateindividuals?
ontheBillofRights,CitizenshipandSuffrage,Vol.
2) A: No. In the absence of governmental
interference, the liberties guaranteed by the
Q:Whatarethekindsoftaxexemptions? Constitution cannot be invoked. Put differently,
the Bill of Rights is not meant to be invoked
A:Taxexemptionsmayeitherbe: against acts of private individuals. (Yrasegui vs.
1. Constitutional PAL,G.R.No.168081,Oct.17,2008)
2. Statutory
Note:However,theSupremeCourtinZuluetav.CA,
Q: Once an exemption is granted by the G.R. No. 107383, Feb. 20 1996, where the husband
legislature, may such exemption be revoked at invoked his right to privacy of communication and
will? correspondenceagainstaprivateindividual,hiswife,
who had forcibly taken from his cabinet and
A: presented as evidence against him documents and
1. If exemption is granted gratuitously private correspondence, held these papers
revocable inadmissible in evidence, upholding the husbands
2. If exemption is granted for valuable righttoprivacy.
consideration (nonimpairment of
contracts)irrevocable
c.DUEPROCESS
Q:Whatisthenatureofalicensefee?
Q:Whatisdueprocess?
A:Ordinarily,licensefeesareinthenatureofthe
exercise of police power because they are in the A:Dueprocessmeans:
formofregulationbytheStateandconsideredas 1. That there shall be a law prescribed in
a manner of paying off administration costs. harmony with the general powers of
However,ifthelicensefeeishigherthanthecost thelegislature
ofregulating,thenitbecomesaformoftaxation 2. That it shall be reasonable in its
(ErmitaMalateHotelandMotelOperatorsAssoc., operation

74
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

3. That it shall be enforced according to XPN: In cases where the right to appeal is
the regular methods of procedure guaranteedbytheConstitution(Art.VIII,Sec.
prescribed,and XIV)orbyastatute.
4. That it shall be applicable alike to all
citizens of the State or to all of a class. Q: Distinguish due process in administrative
(Peoplev.Cayat,G.R.No.L45987,May proceedings from due process in judicial
5,1939) proceeding.

Q:Whataretherequirementsofdueprocessin A:
judicialproceedings? ADMINISTRATIVE JUDICIAL
Essence
A: Whether in civil or criminal judicial Opportunitytoexplain Adayincourt
proceedings,dueprocessrequiresthattherebe: onesside
Means
1. An impartial and disinterested court Usuallythroughseeking Submissionofpleadings
clothed by law with authority to hear areconsiderationofthe andoralarguments
anddeterminethematterbeforeit. rulingortheaction
taken,orappealtoa
Note: Test of impartiality is whether the superiorauthority
judges intervention tends to prevent the NoticeandHearing
proper presentation of the case or the When exercising quasi Bothareessential:
ascertainmentofthetruth. judicial function 1. Notice
(PhilComSat v. Alcuaz, 2. Hearing
2. Jurisdiction lawfully acquired over the G.R.No.84818,Dec.18,
defendant or the property which is the 1989)
subjectmatteroftheproceeding
Note:The assistance of counselisnotindispensable
3. Notice and opportunity to be heard be to due process in forfeiture proceedings since such
giventhedefendant proceedingsarenotcriminalinnature.Moreover,the
strictrules of evidence and procedure will not apply
4. Judgment to be rendered after lawful in administrative proceedings like seizure and
hearing, clearly explained as to the forfeitureproceedings.Whatisimportantisthatthe
factualandlegalbases(Art.VII,Sec.14, partiesareaffordedtheopportunitytobeheardand
1987Constitution) the decision of the administrative authorityisbased
on substantial evidence. (Feeder International Line,

Pte. Ltd. v. CA, G . R . N o . 9 4 2 6 2 , M a y 3 1 ,
Note:Anextraditeedoesnothavetherighttonotice
1 9 9 1 )
and hearing during the evaluation stage of an
extraditionproceeding.Thenatureoftherightbeing
claimed is nebulous andthe degree of prejudice an Q:Whatisthenatureofproceduraldueprocess
extraditeeallegedlysuffersisweak.(USv.Purganan, instudentdisciplineproceedings?
G.R.No.148571,Sept.24,2002)
A: Student discipline proceedings may be
Note: Pilotage as a profession is a property right summary and crossexamination is not an
protectedbytheguaranteeofdueprocess.(Corona essential part thereof. To be valid however, the
v.UnitedHarborPilotsAssociationofthePhilippines, followingrequirementsmustbemet:
G.R.No.111953,Dec.12,1987) 1. Written notification sent to the
student/s informing the nature and
Note: When a regulation is being issued under the cause of any accusation against
quasilegislative authority of an administrative him/her;
agency, the requirements of notice, hearing and 2. Opportunity to answer the charges,
publication must be observed. (Commissioner of with the assistance of a counsel, if so
Internal Revenue v. CA, G.R. No. 119761, Aug. 29,
desired;
1996)
3. Presentation of ones evidence and

examinationofadverseevidence;
Q:Istherighttoappealpartofdueprocess?
4. Evidence must be duly considered by

the investigating committee or official


A:
designated by the school authorities to
GR: The right to appeal is not a natural right
hear and decide the case. (Guzman v.
orapartofdueprocess.

75
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


National University, G.R. No. L68288,
July11,1986)
5. The student has the right to be 2.ProceduralDueProcess
informedoftheevidenceagainsthim
6. The penalty imposed must be Q: What are the fundamental elements of
proportionatetotheoffense. proceduraldueprocess?

Q:Whataretheinstanceswhenhearingsarenot A:
necessary? 1. Notice(tobemeaningfulmustbeasto
timeandplace)
A: 2. Opportunitytobeheard
1. When administrative agencies are 3. Court/tribunalmusthavejurisdiction
exercising their quasilegislative
functions. Q: Does due process require a trialtype
2. Abatementofnuisanceperse. proceeding?
3. Granting by courts of provisional
remedies. A:No.Theessenceofdueprocessistobefound
4. Casesofpreventivesuspension. inthereasonableopportunitytobeheardandto
5. Removaloftemporaryemployeesinthe submitanyevidenceonemayhaveinsupportof
governmentservice. ones defense. To be heard does not always
6. Issuanceofwarrantsofdistraintand/or mean verbal arguments in court. One may be
levybytheBIRCommissioner. heardalsothroughpleadings.Whereopportunity
7. Cancellationofthepassportofaperson to be heard, either through oral arguments or
chargedwithacrime. pleadings, is accorded, there is no denial of due
8. Suspension of a banks operations by process (Zaldivar v. Sandiganbayan, G.R. No. L
theMonetaryBoarduponaprimafacie 32215,Oct.17,1988).
finding of liquidity problems in such
bank. Note: The meetings in the nature of consultations
and conferences cannot be considered as valid
1.ProceduralandSubstantiveDueProcess substitutesfortheproperobservanceofnoticeand
hearing(EquitableBankingCorporationv.NLRC,G.R.
Q:Whatarethetwoaspectsofdueprocess? No.102467,June13,1987).

A:
SUBSTANTIVEDUE PROCEDURALDUE 3.ConstitutionalandStatutoryDueProcess
PROCESS PROCESS
Thisservesasa Servesasarestrictionon Q:Differentiateconstitutionaldueprocessfrom
restrictiononthe actionsofjudicialand statutorydueprocess.
governmentslawand quasijudicialagenciesof
rulemakingpowers thegovernment A:
Requisites Constitutionaldue Statutorydueprocess
1. The interests of the 1. Impartial court or process
public in general, as tribunal clothed with Protects the individual While found in the
distinguished from judicial power to hear from the government Labor Code and
those of a particular and determine the and assures him of his Implementing Rules
class, require the mattersbeforeit. rightsincriminal,civilor protects employees
intervention of the 2. Jurisdiction properly administrative from being unjustly
state acquired over the proceedings terminated without just
2. Themeansemployed person of the cause after notice and
are reasonably defendant and over hearing (Agabon v.
necessary for the property which is the NLRC, G.R. No. 158693,
accomplishment of subject matter of the November17,2004)
the purpose and not proceeding
unduly oppressive 3. Opportunity to be
uponindividuals. heard
4. Judgment rendered 4.HierarchyofRights
upon lawful hearing
and based on Q:Isthereahierarchyofconstitutionalrights?
evidenceadduced.

76
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

A: Yes. While the Bill of Rights also protects 1. It violates due process for failure to
propertyrights,theprimacyofhumanrightsover accord persons, especially the parties
property rights is recognized.Property and targeted by it, fair notice of what
property rights can be lost thru prescription; but conducttoavoid
humanrightsareimprescriptible.Inthehierarchy 2. It leaves law enforcers an unbridled
ofcivilliberties,therightsoffreeexpressionand discretion in carrying out its provisions
of assembly occupy a preferred position as they (Peoplev.delaPiedra,G.R.No.128777,
are essential to the preservation and vitality of Jan.24,2001)
our civil and political institutions (Philippine
Blooming Mills Employees Organization v. Q:WhatistheOverbreadthDoctrine?
Philippine Blooming Mills Co., Inc., G.R. No. L
31195June5,1973). A: The overbreadth doctrine decrees that a
governmental purpose may not be achieved by
means which sweep unnecessarily broadly and
therebyinvadetheareaofprotectedfreedoms.
5.JudicialStandardsofReview
Note:Itisananalyticaltooldevelopedfortestingon
Q:Giventhefactthatnotallrightsandfreedoms their face statutes in free speech cases. Claims of
or liberties under the Bill of Rights and other facialoverbreadthareentertainedincasesinvolving
values of society are of similar weight and statuteswhich,bytheirterms,seektoregulateonly
importance, governmental regulations that spokenwordsandagain,thatoverbreadthclaims,if
affect them would have to be evaluated based entertainedatall,havebeencurtailedwheninvoked
on different yardsticks, or standards of review. againstordinarycriminallawsthataresoughttobe
Whatarethesestandardsofreview? appliedtoprotectedconduct.

A: Q: Can criminal statutes be declared invalid for
1. Deferential review laws are upheld if beingoverbroad?
they rationally further a legitimate
governmental interest, without courts A: No. The overbreadth doctrine is not intended
seriously inquiring into the for testing the validity of a law that reflects
substantiality of such interest and legitimate state interest in maintaining
examining the alternative means by comprehensive control over harmful,
whichtheobjectivescouldbeachieved constitutionally unprotected conduct. Claims of
facial overbreadth are entertained in cases
2. Intermediatereviewthesubstantiality involving statutes which,by their terms, seek to
ofthegovernmentalinterestisseriously regulate only spoken words and again, that
looked into and the availability of less overbreadth claims, if entertained at all, have
restrictivealternativesareconsidered. been curtailed when invoked against ordinary
criminal laws that are sought to be applied to
3. Strict scrutiny the focus is on the protectedconduct.(Romualdezv.COMELEC,G.R.
presence of compelling, rather than No.167011,Dec.11,2008)
substantial governmental interest and
ontheabsenceoflessrestrictivemeans Note: The most distinctive feature of the
for achieving that interest (Separate overbreadthtechniqueisthatitmarksanexception
opinionofJusticeMendozainEstradav. tosomeoftheusualrulesofconstitutionallitigation.
Sandiganbayan, G.R. No. 148965, Feb. In overbreadth analysis, those rules give way;
challengesare permitted to raise the rights ofthird
26,2002)
parties; and the court invalidates the entire statute

"onitsface,"notmerely"asappliedfor"sothatthe

overbroad law becomes unenforceable until a
6.VoidforVaguenessDoctrine properly authorized court construes it more
narrowly.
Q:Explainthevoidforvaguenessdoctrine?
Q: Is legislation couched in imprecise language
A: It holds that a law is vague when it lacks voidforvagueness?
comprehensive standards that men of common
intelligencemustnecessarilyguessatitscommon A: No. The "voidforvagueness" doctrine does
meaning and differ as to its application. In such not apply as against legislations that are merely
instance, the statute is repugnant to the couched in imprecise languagebut which specify
Constitutionbecause:

77
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


a standard though defectively phrased; or to TruthCommissionof2010,G.R.No.192935,Dec.7,
those that are apparently ambiguous yet fairly 2010)
applicable to certain types of activities.The first
maybe"saved"byproperconstruction,whileno
challengemaybemountedasagainstthesecond 2.REQUISITESFORVALIDCLASSIFICATION
wheneverdirectedagainstsuchactivities.
Q: What are the requisites for a valid
In the Supreme Court held that the doctrine can classification?
onlybeinvokedagainstthatspeciesoflegislation
that is utterly vague on its face, i.e., that which A:Theclassificationmust:
cannotbeclarifiedeitherbyasavingclauseorby 1. Restonsubstantialdistinctions
construction.(Estradav.Sandiganbayan,G.R.No. 2. Begermanetothepurposeofthelaw
148560,Nov.19,2001) 3. Not be limited to existing conditions
only;
Q: What is the test in determining whether a 4. Apply equally to all members of the
criminalstatuteisvoidforuncertainty? same class. (Gorospe, Constitutional
Law: Notes and Readings on the Bill of
A: The test is whether the language conveys a Rights,CitizenshipandSuffrage,Vol.2.,
sufficiently definite warning as to the proscribed p.334)
conduct when measured by common
understanding and practice. It must be stressed, Q: Does equal protection of the laws apply to
however, that the "vagueness" doctrine merely bothcitizensandaliens?
requiresareasonabledegreeofcertaintyforthe
statute to be upheld not absolute precision or A:
mathematical exactitude. (Estrada vs. GR:Itappliestoallpersons,bothcitizensand
Sandiganbayan,G.R.No.148560,Nov.19,2001) aliens. The Constitution places the civil rights
of aliens on equal footing with those of the
citizens.
d.EQUALPROTECTIONOFTHELAWS
XPN: Statutes may validly limit to citizens
1.CONCEPT exclusively the enjoyment of rights or
privileges connected with public domain, the
Q:Whatistheconceptofequalprotectionofthe public works, or the natural resources of the
laws? State

A: It means that all persons or things similarly Note: The rights and interests of the State in these
situatedshouldbetreatedalike,bothastorights thingsarenotsimplypoliticalbutalsoproprietaryin
conferred and responsibilities imposed. It nature and so citizens may lawfully be given
guaranteesequality,notidentityofrights.Itdoes preferenceoveraliensintheiruseorenjoyment.
notforbiddiscriminationastopersonsandthings
thataredifferent.Whatitforbidsaredistinctions Aliens do not enjoy the same protection as regards
political rights. (Inchong v. Hernandez, G.R. No. L
based on impermissible criteria unrelated to a
7995,May31,1957)
proper legislative purpose, or class or

discriminatory legislation, which discriminates
Q: Is classification of citizens by the legislature
against some and favors others when both are
unconstitutional?
similarly situated. (2 Cooley, Constitutional

Limitations,824825)
A:

GR:Thelegislaturemaynotvalidlyclassifythe
Note: It must be borne in mind that the Arroyo
administration is but just a member of a class, that citizens of the State on the basis of their
is,aclassofpastadministrations.Itisnotaclassof origin,race,orparentage.
itsown.Nottoincludepastadministrationssimilarly
situated constitutes arbitrariness which the equal XPN:Thedifferenceinstatusbetweencitizens
protection clause cannot sanction. Such and aliens constitutes a basis for reasonable
discriminatingdifferentiationclearlyreverberatesto classification in the exercise of police power.
label the commission as a vehicle for vindictiveness (Demorev.Kim,538U.S.510,2003)
and selective retribution. (Biraogo v. The Philippine

78
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

Q: What is the rationale for allowing, in 5. Thewarrantmustparticularlydescribe
exceptional cases, valid classification based on the place to be searched and the
citizenship? persons or things to be seized.
(Gorospe, Constitutional Law: Notes
A: Aliens do not naturally possess the and Readings on the Bill of Rights,
sympathetic consideration and regard for CitizenshipandSuffrage,Vol.2.,p.334)
customerswithwhomtheycomeindailycontact,
nor the patriotic desire to help bolster the Note: General warrant is not allowed. It must be
nationseconomy,exceptinsofarasitenhances issuedpursuanttospecificoffense.
their profit, nor the loyalty and allegiance which
the national owes to the land. These limitations Q:Whataregeneralwarrants?
on the qualifications of aliens have been shown
on many occasions and instances, especially in A: These are warrants of broad and general
times of crisis and emergency. (Ichong v. characterization or sweeping descriptions which
Hernandez,G.R.No.L7995,May31,1957) will authorize police officers to undertake a
fishingexpeditiontoseizeandconfiscateanyand
Q: What is the intensified means test or the all kinds of evidence or articles relating to an
balancingofinterest/equalitytest? offense.

A:Itisthetestwhichdoesnotlooksolelyintothe Q: What is the purpose of particularity of
governments purpose in classifying persons or description?
things(asdoneinRationalBasisTest)norintothe
existence of an overriding or compelling A: The purpose is to enable the law officers
governmentinterestsogreattojustifylimitations servingthewarrantto:
of fundamental rights (Strict Scrutiny Test) but
closely scrutinizes the relationship between the 1. Readilyidentifythepropertiestobeseized
classificationandthepurpose,basedonspectrum and thus prevent them from seizing the
of standards, by gauging the extent to which wrongitems
constitutionally guaranteed rights depend upon
theaffectedindividualsinterest. 2. Leavesaidpeaceofficerswithnodiscretion
regardingthearticlestobeseizedandthus
prevent unreasonable searches and
e.SEARCHESANDSEIZURES seizures. (Bache and Co. v. Ruiz, 37 SCRA
823)
Q:Whatistheessenceofprivacy?
Q:Whenisparticularityofdescriptioncomplied
A: The essence of privacy is the right to be left with?
alone. In context, the right to privacy means the
right to be free from unwarranted exploitation of A: For warrant of arrest, this requirement is
ones person or from intrusion into ones private complied with if it contains the name of the
activitiesinsuchawayastocausehumiliationtoa person/s to be arrested. If the name of the
personsordinarysensibilities. person to be arrested is not known, a John Doe
warrant may be issued. A John Doe warrant will
satisfy the constitutional requirement of
1.WarrantRequirement particularity of description if there is some
descriptio personae which is sufficient to enable
Q: What are the requisites of a valid search theofficertoidentifytheaccused.
warrantandwarrantofarrest?
For a search warrant, the requirement is
A: compliedwith:
1. There should be a search warrant or
warrantofarrest 1. When the description therein is as
2. Probablecausesupportedtheissuance specific as the circumstances will
ofsuchwarrant ordinarilyallow;or
3. Such probable cause had been 2. When the description expresses a
determinedpersonallybyajudge conclusionoffact,notoflaw,bywhich
4. Judge personally examined the the warrant officer may be guided in
complainantandhiswitnesses makingthesearchandseizure;or

79
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


3. When the things described are limited 1. Thepersontobearrestedmustexecute
to those which bear direct relation to an overt act indicating that he had just
the offense for which the warrant is committed,isactuallycommitting,oris
beingissued attemptingtocommitacrime;and
2. Such overt act is done in the presence
Note: If the articles desired to be seized have any or within the view of the arresting
direct relation to an offense committed, the officer.
applicant must necessarily have some evidence
otherthanthosearticles,toprovesaidoffense.The Q:Whatconstitutessearchingquestions?
articlessubjectofsearchandseizureshouldcomein
handymerelytostrengthensuchevidence. A: Examination by the investigating judge of the
complainant and the latters witnesses in writing
Q:Whatarethepropertiessubjecttoseizure? and under oath or affirmation, to determine
whether there is a reasonable ground to believe
A: thatanoffensehasbeencommittedandwhether
1. Propertysubjectoftheoffense the accused is probably guilty thereof so that a
2. Stolenorembezzledpropertyandother warrant of arrest may be issued and he may be
proceedsorfruitsoftheoffense heldliablefortrial.
3. Propertyusedorintendedtobeusedas
meansforthecommissionofanoffense
2.WarrantlessArrests
Q:Whatisprobablecause?


Q:Whataretheinstancesofavalidwarrantless
A:Probablecauseissuchfactsandcircumstances
arrest?
antecedent to the issuance of a warrant that in

themselves are sufficient to induce a cautious
A:
man to rely on them and act in pursuance
1. In flagrante delicto The person to be
thereof.
arrested has either committed, is
actually committing, or is about to
Q:Howisprobablecausedeterminedpersonally commit an offense in the presence of
bythejudge? thearrestingofficer

A: 2. Hot Pursuit When an offense has in
SEARCHWARRANT WARRANTOFARREST fact just been committed and the
Itisnotnecessarythat arresting officer has probable cause to
Thejudgemust
thejudgeshould believe, based on personal knowledge
personallyexaminein
personallyexaminethe of the facts and circumstances
theformofsearching
complainantandhis indicating, that the person to be
questionsandanswers,
witnesses;thejudge arrestedhascommittedit
inwritingandunder
wouldsimplypersonally
oath,thecomplainant
reviewtheinitial
andthewitnesseshe 3. Escaped Prisoner or Detainee When
determinationofthe
mayproduceonfacts thepersontobearrestedisa prisoner
prosecutortoseeifitis
personallyknownto who has escaped from a penal
supportedbysubstantial
them. establishment or place where he is
evidence.
serving final judgment or temporarily
Thedeterminationof confined while his case is pending, or
probablecause has escaped while being transferred
Hemerelydetermines
dependstoalarge fromoneconfinementtoanother.(Sec.
theprobability,notthe
extentuponthefinding 5,Rule113,RulesofCourt)
certaintyofguiltofthe
oropinionofthejudge
accusedand,insodoing,
whoconductedthe
heneednotconducta Q:Cantherebeawaiveroftherighttoquestion
requiredexamination
newhearing. aninvalidarrest?
oftheapplicantandthe
witnesses.
A: When a person who is detained applies for
bail,heisdeemedtohavewaivedanyirregularity
Q:Whatconstitutespersonalknowledge? ofhisarrestwhichmayhaveoccurred.However,
if the accused puts up bail before he enters his
A:

80
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

plea, he is not barred from later questioning the competent official, such as a legal order of
legalityofhisarrest. deportation, issued by the Commissioner of
Immigration, in pursuance of a valid legislation.
Note:Thewaiverislimitedtoinvalidarrestanddoes (Moranovs.Vivo,G.R.No.L22196,June30,1967)
notextendtoillegalsearch
Q: What is the nature of a search warrant
Q:Arethereanyotherinstanceswhereapeace proceeding?
officercanvalidlyconductawarrantlessarrest?
A: It is neither a criminal action nor a
A:Yes,incasesofcontinuingoffenses.Thecrimes commencement of a prosecution. It is solely for
ofrebellion,subversion,conspiracyorproposalto the possession of personal property. (United
commit such crimes, and crimes or offenses Laboratories,Inc.v.Isip,G.R.No.163858,June28,
committed in furtherance thereof, or in 2005)
connection therewith constitute direct assaults
againsttheState,areinthenatureofcontinuing
crimes. 3.WarrantlessSearches

Q:Cantheplacetobesearched,assetoutinthe Q:Whataretheinstancesofavalidwarrantless
warrantbeamplifiedormodifiedbytheofficers search?
personalknowledgeofthepremisesorevidence
they adduce in support of their application for A:
thewarrant? 1. Visual search is made of moving
vehiclesatcheckpoints
A: No. Such a change is proscribed by the 2. Searchisanincidenttoavalidarrest
Constitution which requires a search warrant to
particularly describe the place to be searched; Note: An officer making an arrest may
otherwiseitwouldopenthedoortoabuseofthe takefromtheperson:
search process, and grant to officers executing a. Any money or property found upon
thesearchthatdiscretionwhichtheConstitution his person which was used in the
haspreciselyremovedfromthem. commissionoftheoffense
b. Wasthefruitthereof
c. Which might furnish the prisoner
Q: Which court has the primary jurisdiction in
with the means of committing
issuingsearchwarrants?
violenceorescaping

d. Which might be used in evidence in
A:TheRTCwherethecriminalcaseispendingor thetrialofthecase
ifnoinformationhasyetbeenfiled,inRTCinthe
area/scontemplated.HoweveranRTCnothaving 3. Searchofpassengersmadeinairports
territorial jurisdiction over the place to be 4. When things seized are within plain
searched may issue a search warrant where the viewofasearchingparty
filing of such is necessitated and justified by 5. Stopandfrisk(precedesanarrest)
compelling considerations of urgency, subject, 6. When there is a valid express waiver
time,andplace. madevoluntarilyandintelligently

Q: Does the Constitution limit to judges the Note: Waiver is limited only to the arrest and does
authoritytoissuewarrantsofarrests? notextendtosearchmadeasanincidentthereto,or
to any subsequentseizureof evidence foundinthe
A:No,thelegislativedelegationofsuchpowerto search. (People v. Peralta, G.R. 145176, March 30,
the Commissioner of Immigration is not violative 2004)
oftheBillofRights.
7. Customssearch
Note: Section 1 (3), Article III of the Constitution 8. Exigent and emergency circumstances.
does not require judicial intervention in the (Peoplev.DeGracia,233SCRA716))
execution of a final order of deportation issued in
accordance with law. The constitutional limitation Q:WhatisthePlainViewDoctrine?
contemplates an order of arrest in the exercise of
judicial poweras a step preliminary or incidental to A: Objects falling in plain view of an officer who
prosecution or proceedings for a given offense or
hasarighttobeinthepositiontohavethatview
administrative action, not as a measure
are subject to seizure even without a search
indispensable to carry out a valid decision by a

81
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


warrant and may be introduced as evidence. vehicle are or have been instruments of some
Requisitesfortheapplicationofthedoctrineare: offense. (People v. Vinecario, G.R. No. 141137,
Jan.20,2004)
a. The law enforcer in search of the
evidencehasapriorjustificationforan Q:Valerosowasarrestedbyvirtueofawarrant
intrusion,orisinapositionfromwhich ofarrest.Atthattime,Valerosowassleeping.He
hecanviewaparticulararea; was pulled out of the room. The other police
b. The discovery of the evidence in plain officersremainedinsidetheroomandransacked
viewisinadvertent; the locked cabinet where they found a firearm
and ammunition. Is the warrantless search and
Q:Whatisastopandfrisksearch? seizure of the firearm and ammunition justified
asanincidenttoalawfularrest?
A: It is a limited protective search of outer
clothing for weapons. Probable cause is not A:No.Thescopeofthewarrantlesssearchisnot
requiredbutagenuinereasonmustexistinlight without limitations. A valid arrest allows the
of a police officers experience and surrounding seizureofevidenceordangerousweaponseither
conditions to warrant the belief that the person on the person of the one arrested or within the
detainedhasweaponsconcealed.(Malacatv.CA, areaofhisimmediatecontrol.Thepurposeofthe
G.R.No.123595,Dec.12,1997) exception is to protect the arresting officer from
beingharmedbythepersonarrested,whomight
Q: Are searches conducted in checkpoints be armed with a concealed weapon, and to
lawful? prevent the latter from destroying evidence
withinreach.Inthiscase,searchwasmadeinthe
A:Yes,providedthecheckpointcomplieswiththe lockedcabinetwhichcannotbesaidtohavebeen
followingrequisites: within Valeroso's immediate control. Thus, the
search exceeded the bounds of what may be
1. The establishment of checkpoint must considered as an incident to a lawful arrest.
bepronounced (Valeroso v. Court of Appeals, G.R. No. 164815,
2. Itmustbestationary,notroaming Sept.3,2009)
3. The search must be limited to visual
search and must not be an intrusive
search. 5.AdministrativeArrest

Note: Not all searches and seizures are prohibited. Q:Whenisthereanadministrativearrest?
BetweentheinherentrightoftheStatetoprotectits
existence and promote public welfare and an
A:Thereisanadministrativearrestasanincident
individualsrightagainstwarrantlesssearchwhichis
todeportationproceedings.
however reasonably conducted, the former should

prevail.
Q: When is a person arrested in a deportation
A checkpoint is akin to a stopandfrisk situation proceedings?
whose object is either to determine the identity of
suspicious individuals or to maintain the status quo A:Thefollowingaliensshallbearresteduponthe
momentarilywhilethepoliceofficersseektoobtain warrantoftheCommissionerofImmigrationorof
more information. (Valmonte vs. De Villa, 178 any other officer designated by him for the
SCRA211) purpose and deported upon the warrant of the
Commissioner of Immigration after a
Q: When may motorists and their vehicles determinationbytheBoardofCommissionersof
passing though checkpoints be stopped and the existence of the ground for deportation as
extensivelysearched? chargesagainstthealien.

A: While, as a rule, motorists and their vehicles 1. Any alien who enters the Philippines
passing though checkpoints may only be after the effective date of this Act by
subjectedtoaroutineinspection,vehiclesmaybe means of false and misleading
stopped and extensively searched when there is statements or without inspection and
probablecausewhichjustifiesareasonablebelief admission by the immigration
among those at the checkpoints that either the authoritiesatadesignatedportofentry
motoristisalawoffenderorthecontentsofthe or at any place other than at a

82
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

designated port of entry; [As amended serve the entire period of his
byRepublicActNo.503,Sec.13] imprisonment before he is actually
2. Any alien who enters the Philippines deported: Provided, however, that the
aftertheeffectivedateofthisAct,who imprisonment may be waived by the
wasnotlawfullyadmissibleatthetime Commissioner of Immigration with the
ofentry; consent of the Department Head, and
3. Any alien who, after the effective date upon payment by the alien concerned
of this Act, is convicted in the of such amount as the Commissioner
Philippinesandsentencesforatermof may fix and approved by the
one year or more for a crime involving Department Head; [Paragraph added
moral turpitude committed within five pursuant to Republic Act No. 144, Sec.
years after his entry to the Philippines, 3]
orwho,atanytimeaftersuchentry,is 10. Any alien who, at any time within five
so convicted and sentenced more than years after entry, shall have been
once; convicted of violating the provisions of
4. Any alien who is convicted and the Philippine Commonwealth Act
sentenced for a violation of the law Numbered Six hundred and fiftythree,
governing prohibited drugs; [As otherwiseknownasthePhilippineAlien
amendedbyRepublicActNo.503,Sec. Registration Act of 1941**(now Alien
13] Registration Act of 1950, Republic Act
5. Any alien who practices prostitution or No. 562, as amended] or who, at any
is an inmate of a house of prostitution time after entry, shall have been
or is connected with the management convicted more than once of violating
of a house of prostitution, or is a the provisions of the same Act; [Added
procurer; pursuant to Republic Act No. 503, Sec.
6. Anyalienwhobecomesapubliccharge 13]
withinfiveyearsafterentryfromcauses 11. Any alien who engages in profiteering,
not affirmatively shown to have arisen hoarding, or blackmarketing,
subsequenttoentry; independent of any criminal action
7. Any alien who remains in the which may be brought against him;
Philippinesinviolationofanylimitation [Added pursuant to Republic Act No.
or condition under which he was 503,Sec.13]
admittedasanonimmigrant; 12. Any alien who is convicted of any
8. Any alien who believes in, advises, offense penalized under
advocates or teaches the overthrow by Commonwealth Act Numbered Four
force and violence of the Government hundred and seventythree, otherwise
ofthePhilippines,orofconstitutedlaw known as the Revised Naturalization
andauthorityorwhodisbelievesinoris Laws of the Philippines, or any law
opposed to organized government, or relating to acquisition of Philippine
who advises, advocates or teaches the citizenship; [Added pursuant to
assault or assassination of public RepublicActNo.503,Sec.13]
officials because of their office, or who 13. Any alien who defrauds his creditor by
advises, advocates, or teaches the absconding or alienating properties to
unlawful destruction of property, or prevent them from being attached or
who is a member of or affiliated with executed. [Added pursuant to Republic
any organization entertaining, Act No. 503, Sec. 13] (Philippine
advocating or teaching such doctrines, ImmigrationActof1940)
orwhoinanymannerwhatsoeverlends
assistance,financialorotherwise,tothe 6.Drug,Alcohol,andBloodTests
disseminationofsuchdoctrines;
9. Any alien who commits any of the acts Q:Isalawrequiringmandatorydrugtestingfor
described in sections fortyfive of this students of secondary and tertiary schools
Act, independent of criminal action unconstitutional?
which may be brought against him:
Provided,thatinthecaseofalienwho, A: No. It is within the prerogative of educational
for any reason, is convicted and institutions to require, as a condition for
sentenced to suffer both imprisonment admission, compliance with reasonable school
and deportation, said alien shall first rulesandregulationsandpolicies.Tobesure,the

83
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


righttoenrollisnotabsolute;itissubjecttofair, A: No. The use of a telephone extension to
reasonable,andequitablerequirements.Insum: overhearaprivateconversationisneitheramong
thosedevices,norconsideredasasimilardevice,
1. Schools and their administrators stand in prohibited under the law. (Gaanan v. IAC, G.R.
locoparentiswithrespecttotheirstudents; No.L69809October16,1986)
2. Minor students have contextually fewer
rights than an adult, and are subject to the Note: AntiWiretapping Act only protects letters,
custody and supervision of their parents, messages,telephonecalls,telegramsandthelike.
guardians,andschools;
3. Schools acting in loco parentis, have a duty Thelawdoesnotdistinguishbetweenapartytothe
to safeguard the health and wellbeing of private communication or a third person. Hence,
theirstudentsandmayadoptsuchmeasures bothapartyandathirdpersoncouldbeheldliable
underR.A.4200iftheycommitanyoftheprohibited
asmayreasonablybenecessarytodischarge
actsunderR.A.4200.(Ramirezv.CA,G.R.No.93833
suchduty;and
Sept.28,1995)
4. Schools have the right to impose conditions

onapplicantsforadmissionthatarefair,just
Q: Is the tape recording of a telephone
andnondiscriminatory.(SJSv.DDB,G.R.No.
conversation containing a persons admission
157870,Nov.3,2008)
admissibleinevidence?Why?


Q:Isalawrequiringmandatorydrugtestingfor
A: No. The taperecorded conversation is not
officers and employees of public and private
admissibleinevidence.R.A.4200makesthetape
officesunconstitutional?
recording of a telephone conversation done

withouttheauthorizationofallthepartiestothe
A:No.AsthewarrantlessclauseofSec.2,Art.III
conversation, inadmissible in evidence. In
of the Constitution is couched and as has been
addition, the taping of the conversation violated
held, reasonableness is the touchstone of the
the guarantee of privacy of communications
validityofagovernmentsearchorintrusion.And
enunciated in Section 3, Article III of the
whether a search at issue hews to the
Constitution. (Salcedo Ortanez v. CA (G.R. No.
reasonableness standard is judged by the
110662,August4,1994)
balancingofthegovernmentmandatedintrusion

on the individuals privacy interest against the
Q: Are letters of a husbands paramour kept
promotion of some compelling state interest. In
inside the husbands drawer, presented by the
the criminal context, reasonableness requires
wife in the proceeding for legal separation,
showing probable cause to be personally
admissibleinevidence?
determined by a judge. Given that the drug

testing policy for employeesand students for
A: No, because marriage does not divest one of
that matterunder R.A. 9165 is in the nature of
his/her right to privacy of communication.
administrativesearchneedingwhatwasreferred
(Zuluetav.CA,G.R.No.107383,Feb.20,1996)
to in Veronia case as swift and informal

procedures,theprobablecausestandardisnot
Q:Whatdoestheexclusionaryrulestate?
required or even practicable. (SJS v. DDB and

PDEA,G.R.No.157870,Nov.3,2008)
A: Any evidence obtained in violation of the

Constitutionshallbeinadmissibleforanypurpose

in any proceeding. However, in the absence of
f.RIGHTTOPRIVACYINCOMMUNICATIONAND
governmental interference, the protection
CORRESPONDENCE
against unreasonable search and seizure cannot

be extended to acts committed by private
Q:Thegeneralruleisthattherighttoprivacyof
individuals. (People v. Marti, G.R. No. 78109.
communication and correspondence is
January18,1991)
inviolable.Whataretheexceptions?

Q:Whatisthewritofhabeasdata?
A:

1. Bylawfulorderofthecourt;
A: It is a remedy available to any person whose
2. Public safety or public order as
right to privacy in life, liberty or security is
prescribedbylaw
violated or threatened by an unlawful act or

omission of a public official or employee, or of a
Q: Is the use of telephoneextension a violation
private individual or entity engaged in the
ofR.A.4200(AntiWireTappingLaw)?
gathering, collecting or storing of data or

84
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

information regarding the person, family, home freedomofspeechandofthepress.Theneedto
andcorrespondenceoftheaggrievedparty.(Sec. preventtheviolationofalawcannotpersetrump
1,TheRuleontheWritofHabeasData,A.M.No. the exercise of free speech and free press, a
08116SC,Jan.22,2008) preferredrightwhosebreachcanleadtogreater
evils.(FranciscoChavezv.RaulM.Gonzales,G.R.
Q:Whatarethereliefsthatmaybeobtainedin No.168338,Feb.15,2008)
thepetitionforissuanceofwritofhabeasdata?
Q.Whatistheconceptbehindtheprovision?
A: The reliefs may include the updating,
rectification, suppression or destruction of the A. Consistent with its intended role in society, it
database or information or files kept by the means that the people are kept from any undue
respondentandincaseofthreatsoftheunlawful interference from the government in their
act, the relief may include a prayer for an order thoughts and words. The guarantee basically
enjoiningtheactcomplainedof.Ageneralprayer flowsfromthephilosophythattheauthoritiesdo
forotherreliefsthatarejustandequitableunder notnecessarilyknowwhatisbestforthepeople.
thecircumstancesisalsoallowed. (R.B. Gorospe, Constitutional Law: Notes And
Readings On The Bill Of Rights, Citizenship And
Suffrage442(2004)
g.FREEDOMOFEXPRESSION
Q: What are the limitations of freedom of
Q: What is the concept and scope of protected expression?
freedomofexpressionundertheConstitution?
A: It should be exercised within the bounds of
A: lawsenactedforthepromotionofsocialinterests
1. Freedomofspeech and the protection of other equally important
2. Freedomofthepress individualrightssuchas:
3. Right of assembly and to petition the 1. Laws against obscenity, libel and
governmentforredressofgrievances slander(contrarytopublicpolicy)
4. Right to form associations or societies 2. Righttoprivacyofanindividual
notcontrarytolaw 3. Right of state/government to be
5. Freedomofreligion protectedfromseditiousattacks
6. Right to access to information on 4. Legislativeimmunities
mattersofpublicconcern. 5. Fraudulentmatters
6. Advocacyofimminentlawlessconducts
Q:Whatareconsideredprotectedspeech? 7. Fightingwords
8. Guarantee implies only the right to
A: Protected speech includes every form of reach a willing audience but not the
expression, whether oral, written, tape or disc right to compel others to listen, see or
recorded. It includes motion pictures as well as read
what is known as symbolic speech such as the
wearing of an armband as a symbol of protest. Q: What are the four aspects of freedom of
Peaceful picketing has also been included within speechandpress?
themeaningofspeech.
A:
Q: Does a violation of any law justify the 1. Freedom from censorship or prior
suppression of exercise of freedom of speech restraint
andofthepress? 2. Freedomfromsubsequentpunishment
3. Freedomofaccesstoinformation
A: Not every violation of a law will justify 4. Freedomofcirculation
straitjacketingtheexerciseoffreedomofspeech
and of the press. There are laws of great Note: There need not be total suppression; even
significance but their violation, by itself and restrictionofcirculationconstitutescensorship.
withoutmore,cannotsupportsuppressionoffree
speech and free press. The totality of the
injurious effects of the violation to private and 1.PriorRestraint
public interest must be calibrated in light of the
preferredstatusaccordedbytheConstitutionand Q: What is the first prohibition of the free
by related international covenants protecting speechandpressclause?

85
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


A: The first prohibition of the constitutional determination of what is obscene is a
provisionistheprohibitionofpriorrestraint. judicialfunction.
3. Criticism of Official Conduct In New
Note: Prior Restraint means official government York Times v. Sullivan, 376 US 254
restrictions on the press or other forms of (1964), the constitutional guarantee
expression in advance of actual publication or requires a federal rule that prohibits a
dissemination. (Bernas, The 1987 Philippine publicofficialfromrecoveringdamages
ConstitutionAComprehensiveReviewer2006) for a defamatory falsehood relating to
his official conduct unless he proves
Q:Istheprohibitionofpriorrestraintabsolute? that the statement was made with
actualmalice.
A: No. There are exceptions to the rule. Near v. 4. Rights of students to free speech in
Minnesota,283US697(1931)enumeratesthem: school premises not absolute the
school cannot suspend or expel a
1. When a nation is at war, many things student solely on the basis of the
thatmightbesaidintimeofpeaceare articles he has written except when
suchahindrancetoitseffortthattheir such article materially disrupts class
utterancewillnotbeenduredsolongas workorinvolvessubstantialdisorderor
men fight and that no court could invasion of rights of others. (Miriam
regard them as protected by any College Foundation v. CA, GR 127930,
constitutionalright. December15,2000)
2. The primary requirements of decency
may be enforced against obscene Q:DiscusstheDoctrineofFairComment.
publications.
3. The security of community life may be A: The doctrine provides that while as a general
protectedagainstincitementstoactsof rule,everydiscreditablepublicimputationisfalse
violence and the overthrow byforce of because every man is presumed innocent, thus
orderlygovernment. everyfalseimputationisdeemedmalicious,asan
exception, when the discreditable imputation is
directed against a public person in his public
2.SubsequentPunishment capacity,suchisnotnecessarilyactionable.Forit
to be actionable, it must be shown that either
Q. What is the second basic prohibition of the there is a false allegation of fact or comment
freespeechandpressclause? based on a false supposition. However, if the
comment is an expression of opinion, based on
A:Thefreespeechandpressclausealsoprohibits established facts; it is immaterial whether the
systems of subsequent punishment which have opinion happens to be mistaken, as long as it
the effect of unduly curtailing expression. mightreasonablybeinferredfromfacts.(Borjalv.
(Bernas, The 1987 Philippine Constitution A CA,G.R.No.126466,Jan.14,1999)
ComprehensiveReviewer2006,p.64)
Q: A national daily newspaper carried an
Q. Is freedom from subsequent punishment exclusivereportstatingthatSenatorXXreceived
absolute? a house and lot located at YY Street, Makati, in
considerationforhisvotecuttingcigarettetaxes
A:No,itmaybeproperlyregulatedintheinterest by 50%. The Senator sued the newspaper, its
ofthepublic.TheStatemayvalidlyimposepenal reporter, editor and publisher for libel, claiming
and/or administrative sanctions such as in the the report was completely false and malicious.
following: AccordingtotheSenator,thereisnoYYStreetin
1. Libel a public and malicious Makati, and the tax cut was only 20%. He
imputation of a crime, vice or defect, claimed one million pesos in damages. The
real or imaginary or any act omission, defendants denied "actual malice," claiming
status tending to cause dishonor, privilegedcommunicationandabsolutefreedom
discredit or contempt of a natural or of the press to report on public officials and
judicial person, or blacken the memory mattersofpublicconcern.Iftherewasanyerror,
of one who is dead (Art 353, Revised the newspaper said it would publish the
PenalCode) correction promptly. Is there "actual malice" in
2. Obscenity in Pita v Court of Appeals, the newspapers reportage? How is "actual
the Supreme Court declared that the

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POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

malice" defined? Are the defendants liable for Note: When the prior restraint partakes of a
damages? contentneutral regulation, it is subject to an
intermediate review. A contentbased regulation or
A: Since Senator XX is a public person and the any system or prior restraint comes to the Court
questioned imputation is directed against him in bearing a heavy presumption against its
his public capacity, in this case actual malice unconstitutionality and thus measured against the
means the statement was made with knowledge clear and present danger rule, giving the
governmentaheavyburdentoshowjustificationfor
that it was false or with reckless disregard of
the imposition of such restraint and such is neither
whether it was false or not. Since there is no
vaguenoroverbroad.
proof that the report was published with
knowledge that it is false or with reckless
disregard of whether it was false or not, the Q: The NTC issued a warning that that the
defendants are not liable for damage. (Borjal v. continuous airing or broadcast by radio and
CA,G.R.No.126466,Jan.14,1999) television stations of the an alleged wiretapped
conversation involving the President allegedly
Q: Is the Borjal doctrine applicable in a case fixing votes in the 2004 national elections is a
where the allegations against a public official continuingviolationoftheAntiWiretappingLaw
were false and that the journalist did not exert and shall be just cause for the suspension,
efforttoverifytheinformationbeforepublishing revocationand/orcancellationofthelicensesor
hisarticles? authorizations issued to the said companies.
Weretherightstofreedomofexpressionandof
A: No. Borjalmay have expanded the protection the press, and the right of the people to
ofqualifiedprivilegedcommunicationbeyondthe information on matters of public concern
instances given in Art. 354 of the RPC, but this violated?
expansion does not cover such a case. The
expansion speaks of "fair commentaries on A:Yes,saidrightswereviolatedapplyingtheclear
matters of public interest." While Borjalplaces and present danger test. The challenged acts
fair commentaries within the scope of qualified need to be subjected to the clear and present
privilegedcommunication,themerefactthatthe danger rule, as they are contentbased
subjectofthearticleisapublicfigureoramatter restrictions. The acts of NTC and the DOJ Sec.
of public interest does not automatically exclude focused solely on but one objecta specific
theauthorfromliability.Hisarticlescannoteven content fixedas these were on the alleged
be considered as qualified privileged tapedconversationsbetweenthePresidentanda
communication under the second paragraph of COMELEC official. Undoubtedly these did not
Art. 354 of the RPC which exempts from the merely provide regulations as to the time, place
presumption of malice a fair and true report. or manner of the dissemination of speech or
Good faith is lacking. (Tulfo vs. G.R. No. 161032, expression.
September16,2008)
Agovernmentalactionthatrestrictsfreedomof
speech or of the press based on content is
3.ContentBased&ContentNeutralRegulation giventhestrictestscrutiny,withthegovernment
havingtheburdenofovercomingthepresumed
Q: Distinguish contentneutral regulation from unconstitutionality by the clear and present
contentbasedrestraintorcensorship. danger rule. It appears that the great evil which
government wants to prevent is the airing of a
A: tape recording in alleged violation of the anti
CONTENTNEUTRAL CONTENTBASED wiretappinglaw.
REGULATION RESTRAINT
Substantialgovernmental Theyaregiventhe Theevidencefallsshortofsatisfyingtheclearand
interestisrequiredfortheir strictestscrutiny present danger test. Firstly, the various
validity,andtheyarenot inlightoftheir statements of the Press Secretary obfuscate the
subjecttothestrictestformof inherentand
identity of the voices in the tape recording.
judicialscrutinyratheronlyan invasiveimpact.
Secondly,theintegrityofthetapedconversation
intermediateapproach
isalsosuspect.ThePressSecretaryshowedtothe
somewherebetweenthe
rationalitythatisrequiredofa public two versions, one supposed to be a
lawandthecompelling complete version and the other, an altered
intereststandardappliedto version. Thirdly, the evidence on the whos and
contentbasedrestrictions. the hows of the wiretapping act is ambivalent,

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VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
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especially considering the tapes different A: The overbreadth doctrine permits a party to
versions. The identity of the wiretappers, the challenge the validity of a statute even though as
manner of its commission and other related and appliedtohimitisnotunconstitutionalbutitmight
relevant proofs are some of the invisibles of this be if applied to others not before the Court whose
case.Fourthly,givenalltheseunsettledfacetsof activities are constitutionally protected. (Separate
the tape, it is even arguable whether its airing opinion of Justice Mendoza in Cruz v. Secretary of
would violate the antiwiretapping law. There is EnvironmentandNaturalResources,347SCRA128,
no showing that the feared violation of the anti 2000) It is a type of facial challenge that prohibits
wiretapping law clearly endangers the national the government from achieving its purpose by
security of the State. (Chavez v. Gonzales, G.R. means that sweep unnecessarily broadly, reaching
No.168338,Feb.15,2008) constitutionally protected as well as unprotected
activity.

4.FacialChallengesandOverbreadth
Doctrine 5.Tests


Q:WhatdoyoumeanbyFacialChallenges? Q: What are the tests for valid governmental
interferencetofreedomofexpression?
A. Afacial challengeis a challenge to astatutein
court, in which the plaintiff alleges that the A:
legislation is always, and under all circumstances, 1.ClearandPresentDangertest
unconstitutional,andthereforevoid.
Question:Whetherthewordsareusedinsuch
Note:Facialchallengetoastatuteisallowedonlywhen circumstances and are of such a nature as to
it operates in the area of freedom of expression. createaclearandpresentdangerthattheywill
Invalidation of the statute on its face, rather than as bringaboutthesubstantiveevilsthatCongress
applied, is permitted in the interest of preventing a has a right to prevent. It is a question of
chilling effect on freedom of expression. ( Separate proximity and degree (Schenck v. US, 249 US
opinion of Justice Mendoza in Cruz v. Secretary of 47,1919)
Environment and Natural Resources, 347 SCRA 128,
2000) Emphasis:Thedangercreatedmustnotonlybe
clear and present but also traceable to the
Q: How is "facial" challenge different from "as ideas expressed. (Gonzales v. COMELEC, G.R.
applied"challenge? No.L27833,April18,1969)

A:Distinguishedfromanasappliedchallengewhich Note:ThistesthasbeenadoptedbyourSC,andis
considers onlyextantfacts affectingreallitigants, most applied to cases involving freedom of
afacial invalidation is an examination of theentire expression.
law, pinpointing its flaws and defects, not only on
the basis of its actual operation to the parties, but 2.DangerousTendencytest
also on the assumption or prediction that its very
existencemaycauseothersnotbeforethecourtto Question:Whetherthespeechrestrainedhasa
refrain from constitutionally protected speech or rational tendency to create the danger
activities. (KMU v. Ermita, G.R. No. 17855, October apprehended, be it far or remote, thus
5,2010) governmentrestrictionwouldthenbeallowed.
It is not necessary though that evil is actually
Q:Arefacialchallengesallowedinpenalstatutes? created for mere tendency towards the evil is
enough.
A: No. Criminal statutes have generalin
terroremeffect resulting from their very existence, Emphasis: Nature of the circumstances under
and,if facial challenge is allowedfor this reason whichthespeechisuttered,thoughthespeech
alone,the State may well be prevented from persemaynotbedangerous.
enacting laws against socially harmful conduct. In
the area of criminal law, the law cannot take 3.GravebutImprobableDangertest
chances as in the area of free speech. (KMU v.
Ermita,G.R.No.17855,October5,2010) Question: Whether the gravity of the evil,
discounted by its improbability, justifies such
Q:WhatistheOverbreadthDoctrine? an invasion of free speech as is necessary to

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POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

avoid the danger (Dennis v. US, 341 US 494, 6.StateRegulationofDifferentTypesofMass


1951) Media

Note: This test was meant to supplant the clear Q: Can an offensive and obscene language
andpresentdangertest. uttered in a primetime television broadcast
which was easily accessible to the children be
4.Balancingofinteresttest reasonablycurtailedandvalidlyrestrained?

Question: which of the two conflicting interests A:Yes.InSorianov.MTRCB,G.R.No.165636,Apr.
(not involving national security crimes) demands 29, 2009, the Court, applying the balancing of
the greater protection under the particular interest doctrine, ruled that the governments
circumstancespresented: interesttoprotectandpromotetheinterestsand
welfareofthechildrenadequatelybuttressesthe
a. Whenparticularconductisregulatedin reasonable curtailment and valid restraint on
theinterestofpublicorder petitioners prayer to continue as program host
ofAngDatingDaanduringthesuspensionperiod.
b. Andtheregulationresultsinanindirect, Sorianosoffensiveandobscenelanguageuttered
conditional and partial abridgement of on primetime television broadcast, without
speech (Gonzales v. COMELEC, G.R. No. L doubt, was easily accessible to the children.His
27833,Apr.18,1969). statements could have exposed children to a
languagethatisunacceptableineverydayuse.As
5.OBrientest such, the welfare of children and the States
mandatetoprotectandcareforthem,asparens
Question: in situations when speech and non
patriae, constitute a substantial and compelling
speech elements are combined in the same government interest in regulating Sorianos
courseofconduct,whetherthereisasufficiently utterancesinTVbroadcast.
important governmental interest that warrants
regulating the nonspeech element, incidentally Q: Is broadcast media entitled to the same
limitingthespeechelement. treatment under the free speech guarantee of
theConstitutionastheprintmedia?
Note:Agovernmentregulationisvalidif:
a. It is within the constitutional power of A: No. Because of the unique and pervasive
thegovernment; influenceofthebroadcastmedia,Necessarily...
b. In furtherance of an important or
thefreedomoftelevisionandradiobroadcasting
substantialgovernmentalinterest;
is somewhat lesser in scope than the freedom
c. Governmental interest is unrelated to
accordedtonewspaperandprintmedia.(Eastern
the suppression of free expression;
and Broadcasting(DYRE)Corporationv.Dans,Jr.,137
d. The incidental restriction on the SCRAat635)
freedom is essential to the
furtherance of that interest. (US v. Q:CanthetrialofEstradaintheSandiganbayan
OBrien, 391 US 367, 1968; SWS v. or any other court be broadcasted in TV or
COMELEC,G.R.147571,May5,2001) radio?

6.DirectIncitementtest A:No.Anaccusedhasarighttoapublictrial,but
it is not synonymous with a publicized trial.
Question: What words did a person utter and Freedom of the press and the accuseds
whatisthelikelyresultofsuchutterance protection from a possible prejudicial publicized
trialmustbetakenintoconsideration.Andunless
Emphasis: The very words uttered, and their there are safety nets to prevent this event,
ability to directly incite or produce imminent broadcast media cannot be allowed to publicize
lawlessaction. the trial. (Re: Request for RadioTV Coverage of
the Estrada Trial, A.M. No 01403SC, June 29,
Note: It criticizes the clear and present danger test 2001)
for being too dependent on the specific
circumstancesofeachcase.
7.CommercialSpeech

Q:Whatisthemeaningofcommercialspeech?

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VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
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Veto was coined by University of Chicago
A: It is communication which no more than professoroflawHarryKalven.
proposes a commercial transaction.
Advertisements of goods or of services is an Itmaybeintheguiseofapermitrequirementin
exampleofthis.(Bernas,the1987Constitutionof theholdingofrallies,parades,ordemonstrations
the Republic of the Philippines Comprehensive conditioned on the payment of a fee computed
Reviewer2006) onthebasisofthecostneededtokeeporderin
view of the expected opposition by persons
Q:Inorderforgovernmenttocurtailcommercial holding contrary views. (Gorospe, 2006, citing
speechwhatmustbeshown? ForsythCountyv.NationalistMovement,315U.S.
568,1942)
A:Toenjoyprotection,commercialspeech:
1. Must not be false or misleading
(Friedman v. Rogers, 440 US 1 (1979) h.FREEDOMOFASSEMBLYANDPETITION
and
2. Should not propose an illegal Q: Is the right to assembly subject to prior
transaction, Pittsburgh Press Co. v restraint?
Human Relations Commissions, 413 US
376(1973). A: No. It may not be conditioned upon the prior
issuance of a permit or authorization from
Note:However,eventruthfulandlawfulcommercial governmentauthorities.However,therightmust
speech maybe regulated if (1) government has a be exercised in such a way as will not prejudice
substantial interest to protect; (2) the regulation thepublicwelfare.
directlyadvancesthatinterest;and(3)itisnotmore
than extensive than is necessary to protect that Q:Whatisthesocalledpermitsystem?
interest. (Central Hudson Gas & Electric Corp v.
PublicServiceCommissionofNY,447US557(1980)
A:Underthepermitsystem,beforeonecanusea
public place, one must first obtain prior permit
fromtheproperauthorities.Suchisvalidif:
8.Pivatev.GovernmentSearch
1. It is concerned only with the time,
Q: Differentiate Government Speech From place,andmannerofassembly;and
PrivateSpeech. 2. It does not vest on the licensing
authority unfettered discretion in
A: choosing the groups which could use
GovernmentSpeech PrivateSpeech the public place and discriminate
A speech where the Therightofapersonto others.
government may freelyspeak ones mind
advance or restrict its is a highly valued Note: Permits are not required for designated
own speech in a manner freedominarepublican freedomparks.
that would clearly be and democratic society.

forbidden were it (Ashcroftv.FreeSpeech
Q: What is the rule on assembly in private
regulating the speech of Coalition, 535 U.S. 234
a private citizen. (2002))
properties?
(doctrine was implied
inWooley v. Maynardin A:Onlytheconsentoftheowneroftheproperty
1971) or person entitled to possession thereof is
required.

Q: What are the two tests applicable to the
9.HecklersVeto exerciseoftherighttoassembly?

Q:WhatisaHecklersVeto? A:
1. PurposeTestlooksintothepurposeof
A:Aheckler'svetooccurswhenanactingparty's the assembly regardless of its backers.
right to freedom of speech is curtailed or (De Jonge v. Oregon, 299 US 353, 365,
restrictedbythegovernmentinordertoprevent 1937)
a reacting party's behavior. The term Hecklers

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POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

2. Auspices Test looks into the 1.NonestablishmentClause


backers/supporters.
Q:Whatisthenonestablishmentclause?
Note:TherulinginEvangelistav.Earnshaw(G.R.No.
36453, Sept. 28, 1932) is not yet abrogatedMayor A: The nonestablishment clause states that the
revoked permits he already granted because the Statecannot:
group, the Communist Party of the Philippines, was 1. Setupachurch
foundbythefiscaltobeanillegalassociation.When 2. Passlawswhichaidoneorallreligions
the intention and effect of the act is seditious, the
orpreferoneoveranother
constitutional guaranties of freedom of speech and
3. Influence a person to go to or stay
press and of assembly and petition must yield to
awayfromchurchagainsthiswill
punitivemeasuresdesignedtomaintaintheprestige
of constituted authority, the supremacy of the 4. Force him to profess a belief or
Constitution and the laws, and the existence of the disbeliefinanyreligion
State.

Q:Istheconceptofpeoplepowerrecognizedin 2.FreeExerciseClause
theConstitution?Discussbriefly.
Q:Whataretheaspectsoffreedomofreligious
A:Yes.TheConstitution: professionandworship?

1. Guarantees the right of the people to A: These are the right to believe, which is
peaceably assemble and petition the absolute, and the right to act on ones belief,
government for redress of grievances whichissubjecttoregulation.
(Sec.4,ArticleIII,).
2. Requires Congress to pass a law Q: Give some exceptions to the non
allowingthepeopletodirectlypropose establishmentclauseasheldbyjurisprudence.
andenactlawsthroughinitiativeandto
approveorrejectanyactorlaworpart A:
of it passed by Congress or a local 1. Tax exemption on property actually,
legislativebody(Sec.32,ArticleVI). directly and exclusively used for
3. Provides that the right of the people religiouspurposes;
andtheirorganizationstoparticipateat
all levels of social, political, and 2. Religiousinstructioninpublicschools:
economic decisionmaking shall not be a. Attheoptionofparents/guardians
abridged and that the State shall, by expressedinwriting;
law, facilitate the establishment of b. Within the regular class hours by
adequate consultation mechanisms instructorsdesignatedorapproved
(Sec.16,ArticleXIII). by religious authorities of the
4. Provides that subject to the enactment religion to which the children
of an implementing law, the people belong;
may directly propose amendments to c. Without additional costs to the
the Constitution through initiative (Sec. government;
2,ArticleXVII).
3. Financial support for priest, preacher,
minister, or dignitary assigned to the
i.FREEDOMOFRELIGION armed forces, penal institution or
governmentorphanageorleprosarium;
Q: What are the two guarantees contained in
Sec.5ArticleIIIofthe1987Constitution? 4. Government sponsorship of town
fiestas, some purely religious traditions
A: have now been considered as having
1. Nonestablishmentclause; acquiredsecularcharacter;and
2. Freeexerciseclause,orthefreedomof
religiousprofessionandworship 5. PostagestampsdepictingPhilippinesas
the venue of a significant religious
event benefit to the religious sect
involved was merely incidental as the

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VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
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promotion of Philippines as a tourist organization brought the case to court on the
destinationwastheprimaryobjective. groundthattheactionoftheMTRCBsuppresses
its freedom of speech and interferes with its
Q:WhatistheLemontest? righttofreeexerciseofreligion.Decide.

A:Itisatesttodeterminewhetheranactofthe A: The religious organization cannot invoke
government violates the nonestablishment freedom of speech and freedom of religion as
clause.TopasstheLemontest,agovernmentact grounds for refusing to submit the tapes to the
orpolicymust: MTRCB for review prior to airing. When the
1. Haveasecularpurpose; religious organization started presenting its
2. Notpromoteorfavoranysetofreligious programovertelevision,itwentintotherealmof
beliefsorreligiongenerally;and action.Therighttoactonone'sreligiousbeliefis
3. Not get the government too closely not absolute and is subject to police power for
involved(entangled)withreligion. the protection of the general welfare. Hence the
tapes may be required to be reviewed prior to
Q:WhatistheCompellingStateInteresttest? airing.

A:Itisthetestusedtodetermineiftheinterests However,theMTRCBcannotbanthetapesonthe
of the State are compelling enough to justify ground that they attacked other religions. In
infringement of religious freedom. It involves a Iglesia ni Cristo v. CA, G.R. No. 119673, July 26,
threestepprocess: 1996, the Supreme Court held that: "Even a side
glanceatSec.3ofP.D.No.1986willrevealthatit
1. Has the statute or government action is not among the grounds to justify an order
createdaburdenonthefreeexerciseof prohibiting the broadcast of petitioner's
religion? Courts often look into the televisionprogram."
sincerity of the religious belief, but
without inquiring into the truth of the Moreover, the broadcasts do not give rise to a
belief since the free exercise clause clearandpresentdangerofasubstantiveevil.
prohibitsinquiringaboutitstruth.
Q:X,acourtinterpreter,islivingwithamannot
2. Is there a sufficiently compelling state her husband. Y filed the charge against X as he
interest to justify this infringement of believes that she is committing an immoral act
religious liberty? In this step, the that tarnishes the image of the court, thus she
government has to establish that its should not be allowed to remain employed
purposes are legitimate for the State therein as it might appear that the court
andthattheyarecompelling. condonesheract.Xadmittedthatshehasbeen
livingwithZwithoutthebenefitofmarriagefor
3. HastheStateinachievingitslegitimate twentyyearsandthattheyhaveason.Butasa
purposesusedtheleastintrusivemeans member of the religious sect known as the
possible so that the free exercise is not Jehovahs Witnesses and the Watch Tower and
infringed any more than necessary to BibleTractSociety,theirconjugalarrangementis
achievethelegitimategoaloftheState? inconformitywiththeirreligiousbeliefs.Infact,
The analysis requires the State to after ten years of living together, she executed
show that the means in which it is on July 28, 1991 a Declaration of Pledging
achieving its legitimate State objective Faithfulness. Should Xs right to religious
is the least intrusive means, or it has freedom carve out an exception from the
chosen a way to achieve its legitimate prevailing jurisprudence on illicit relations for
State end that imposes as little as which government employees are held
possibleintrusiononreligiousbeliefs. administrativelyliable?

Q: A religious organization has a weekly A:Yes.Escritorsconjugalarrangementcannotbe
television program. The program presents and penalized as she has made out a case for
propagates its religious doctrines and compares exemption from the law based on her
their practices with those of other religions. As fundamental right to freedom of religion. The
the MTRCB found as offensive several episodes Court recognizes that State interests must be
of the program which attacked other religions, upheld in order that freedoms including
the MTRCB required the organization to submit religious freedom may be enjoyed. In the area
itstapesforreviewpriortoairing.Thereligious of religious exercise as a preferred freedom,

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POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

however,manstandsaccountabletoanauthority
higher than the State, and so the State interest A: Yes. It was grave violation of the non
sought to be upheld must be so compelling that establishment clause for the COMELEC to utilize
itsviolationwillerodetheveryfabricoftheState the Bible and the Koran to justify the exclusion
thatwillalsoprotectthefreedom.Intheabsence ofAngLadlad.OurConstitutionprovidesinArticle
ofashowingthatsuchStateinterestexists,man III, Section 5 that no law shall be made
must be allowed to subscribe to the Infinite respecting an establishment of religion, or
(Estradav.Escritor,A.M.No.P021651,June22, prohibitingthefreeexercisethereof.Atbottom,
2006). what our nonestablishment clause calls for is
government neutrality in religious matters.
Q: "X" is serving his prison sentence in Clearly, governmental reliance on religious
Muntinlupa.Hebelongstoareligious sectthat justification is inconsistent with this policy of
prohibits the eating of meat. He asked the neutrality (Ang Ladlad LGBT Party v. COMELEC,
Director of Prisons that he be served with G.R.No.190582,Apr.8,2010).
meatless diet. The Director refused and "X"
sued the Director for damages for violating his The government must act for secular purposes
religiousfreedom.Decide. and in ways that have primarily secular effects.
That is, the government proscribes this conduct
A: Yes. The Director of Prison is liable under becauseitis"detrimental(ordangerous)tothose
Article 32 of the Civil Code for violating the conditionsuponwhichdependtheexistenceand
religious freedom of "X". According to the progress of human society" and not because the
decisionoftheUnitedStatesSupremeCourtin conduct is proscribed by the beliefs of one
the caseofO'Lone v. Estate of Shabazz, 107 S. religion or the other. (Estrada v. Escritor, 492
Ct.2400,convicted prisoners retain their right SCRA1,2006)
to free exercise of religion. At the same
time, lawful incarceration brings about
necessary limitations of many privileges and j.LIBERTYOFABODEANDRIGHTTOTRAVEL
rights justified by the considerations
underlying the penal system. Inconsideringthe Q:WhataretherightsguaranteedunderSection
appropriate balance between these two 6oftheBillofRights?
factors, reasonableness should be the test.
Accommodation to religious freedom can be A:
made if it will not involve sacrificing the a. Freedom to choose and change ones
interests of security and it will have no impact placeofabode;and
ontheallocationofresourcesofthepenitentiary. b. Freedom to travel within the country
In this case, providing "X" with ameatless diet andoutside.
will not create a security problem or unduly
increase the cost of food being served to the
prisoners.Infact,inthecaseofO'Lone v.Estate 1.Limitations
of Shabazz, it was noted that the Moslem
prisoners were being given a different meal Q:Whatisthelimitationonthelibertyof
wheneverporkwouldbeserved. abode?

Q: Ang Ladlad is an organization composed of A: The liberty of abode may be impaired only
men and women who identify themselves as upon lawful order of the court and within the
lesbians, gays, bisexuals, or transgendered limitsprescribedbylaw.
individuals (LGBTs). Ang Ladladapplied for
registration with the COMELEC. The COMELEC
dismissedthepetitiononmoralgrounds,stating 2.ReturntoOnesCountry
thatdefinitionofsexualorientationoftheLGBT
sector makes it crystal clear that petitioner Q: Is the right to return to ones country
tolerates immorality which offends religious guaranteedintheBillofRights?
beliefs based on the Bible and the Koran. Ang
Ladladargued that the denial of accreditation, A: The right to return to ones country is not
insofar as it justified the exclusion by using among the rights specifically guaranteed in the
religious dogma, violated the constitutional Bill of Rights, which treats only of the liberty of
guaranteesagainsttheestablishmentofreligion. abode and the right to travel. Nevertheless, the
Isthisargumentcorrect? right to return may be considered as a generally

93
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


acceptedprincipleofInternationallaw,andunder Note: The right only affords access to records,
the Constitution, is part of the law of the land. documents and papers, which means the
However,itisdistinctandseparatefromtheright opportunity to inspect and copy them at his
to travel and enjoys a differentprotection under expense. The exercise is also subject to reasonable
the Intl. Covenant of Civil and Political Rights. regulationstoprotecttheintegrityofpublicrecords
(Marcos v. Manglapus, G.R. No. 88211, Sept. 15, and to minimize disruption of government
1989&Oct.27,1989) operations.

Q: The military commander in charge of the
operation against rebel groups directed the 1.Limitations
inhabitants of the island which would be the
target of attack by government forces to Q: What are the limitations and exceptions to
evacuate the area and offered the residents the right to information and access to public
temporary military hamlet. Can the military records?
commanderforcetheresidentstotransfertheir
placesofabodewithoutacourtorder? A:
GR: The access must be for a lawful purpose
A: No, the military commander cannot do so andissubjecttoreasonableconditionsbythe
withoutacourtorder.UnderSec.6,Art.IIIofthe custodianoftherecords.
Constitution, a lawful order of the court is
required before the liberty of abode and of XPNS: The right does not extend to the
changingthesamecanbeimpaired. following:

Q:Whatisthelimitationontherighttotravel? 1. Information affecting national security,
military and diplomatic secrets. It also
A: The limitations are the interest of national includes intergovernment exchanges
security,publicsafetyorpublichealth,asmaybe prior to consultation of treaties and
providedbylaw. executive agreement as may reasonably
protectthenationalinterest
With respect to the right to travel, it is settled
that only a court may issue a hold departure 2. Matters relating to investigation,
order against an individual addressed to the apprehension,anddetentionofcriminals
Bureau of Immigration and Departure. However, which the court may not inquire into
administrative authorities, such as passport prior to arrest, prosecution and
officers, may likewise curtail such right in the detention
interest of national security, public safety, or
publichealth,asmaybeprovidedbylaw. 3. Trade and industrial secrets and other
bankingtransactionsasprotectedbythe
Intellectual Property Code and the
k.RIGHTTOINFORMATIONANDACCESSTO SecrecyofBankDepositsAct
PUBLICRECORDS
4. Other confidential information falling
Q:Whatisthescopeoftheright? underthescopeoftheEthicalSafetyAct
concerningclassifiedinformation
A: This covers information on matters of public
concern. It pertains to access to official records,
documentsandpaperspertainingtoofficialacts, 2.PublicationofLawsandRegulations
transactions or decisions, as well as to
governmentresearchdatausedasbasisforpolicy Q: Is there a need for publication of laws to
development. reinforcetherighttoinformation?

TheSChasheldinChavezv.PEAandAMARI(G.R. A: Yes. In Tanada v. Tuvera, the Court said Laws
No. 133250, July 9, 2002) that the right to must come out in the open in the clear light of
information contemplates inclusion of the sun instead of skulking in the shadows with
negotiationsleadingtotheconsummationofthe their dark, deep secrets. Mysterious
transaction. pronouncements and rumored rules cannot be
recognized as binding unless their existence and
contents are confirmed by a valid publication

94
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

intended to make full disclosure and give proper negotiationsbetweenthePhilippinesandJapan.


noticetothepeople. Are these matters of public concern? Can they
bedisclosed?

3.AccesstoCourtRecords A: There is a distinction between the text of the
treatyandtheoffersandnegotiations.Theymay
Q: During the pendency of the intestate compelthegovernmenttodisclosethetextofthe
proceedings,Ramon,acreditorofthedeceased, treaty but not the offers between RP and Japan,
filed a motion with a prayer that an order be because these are negotiations of executive
issued requiring the Branch Clerk of Court to departments. Diplomatic Communication
furnish him with copies of all processes and negotiationisprivilegedinformation.(Akbayanv.
ordersandtorequiretheadministratrixtoserve Aquino,G.R.No.170516,July16,2008)
him copies of all pleadings in the proceedings.
The judge denied the motion because the law
doesnotgiveablanketauthoritytoanyperson l.FREEDOMOFASSOCIATION
tohaveaccesstoofficialrecordsanddocuments
andpaperspertaining to official acts. The judge Q: What is the difference between the right to
saidthathisinterestismoreofpersonalthanof unionizeandtherighttoassociation?
publicconcern.Isthejudgecorrect?
A:Therighttounionizeisaneconomicandlabor
A: No. The right to information on matters of rightwhiletherighttoassociationingeneralisa
publicconcernisaconstitutionalright.However, civilpoliticalright.
such is not absolute. Under the Constitution,
accessissubjecttolimitationsasmaybeprovided Q:Whatconstitutesfreedomofassociation?
by law. Therefore, a law may exempt certain
typesofinformationfrompublicscrutinysuchas A: Freedom of association includes the freedom
national security. The privilegeagainst disclosure not to associate, or, if one is already a member,
isrecognizedwithrespecttostatesecretsbearing todisaffiliatefromtheassociation
on the military, diplomatic and similar matter.
Since intestate proceedings do not contain any Q: Is the right to strike included in the right to
military or diplomatic secrets which will be form unions or freedom of assembly by
disclosed by its production, it is an error on the governmentemployees?
part of the judge to deny Ramons motion.
(Hidalgo v. Reyes, AM No. RTJ051910, Apr. 15, A: No, the right to strike is not included. Their
2005) employmentisgovernedbylaw.ItistheCongress
and administrative agencies which dictate the
terms and conditions of their employment. The
4.GovernmentContractNegotiations same is fixed by law and circulars and thus not
subjecttoanycollectivebargainingagreement.
Q: May the government, through the PCGG, be
required to reveal the proposed terms of a Note: Pursuant to Sec. 4, Rule III of the Rules and
compromiseagreementwiththeMarcosheirsas Regulations to Govern the Exercise of the Right of
regardstheirallegedillgottenwealth? Government Employees to SelfOrganization, the
terms and conditions of employment in the
A:ItisincumbentuponthePCGG,anditsofficers, Government, including any of its instrumentalities,
political subdivision and government owned and
as well as other government representatives, to
controlled corporations with original charters, are
disclose sufficient public information on any
governed by law and employees therein shall not
proposed settlement they have decided to take
strike for the purpose of securing changes thereof.
up with the ostensible owners and holders of ill (SSSEmployeesAssociationv.CA,GR.No.85279,July
gotten wealth. Such information must pertain to 28, 1989) The only available remedy for them is to
definitepropositionsofthegovernment.(Chavez lobby for better terms of employment with
v.PCGG,G.R.No.130716,December9,1998) Congress.


5.DiplomaticNegotiations m.EMINENTDOMAIN

Q:Petitionersrequestthattheybegivenacopy 1.AbandonmentofIntendedUseandRightof
of the text of the JPEPA and the offers and Repurchase

95
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


Q:TheNationalHistoricalInstitutedeclaredthe
Q. When a particular public use is abandoned, parceloflandownedbyPetitionersasanational
doesitsformerowneracquireacauseofaction historicallandmark, because it was the site
forrecoveryoftheproperty? ofthe birthof Felix Manalo, the founder of
Iglesia ni Cristo. The Republic of
A:Whenlandhasbeenacquiredforpublicusein thePhilippinesfiledanactiontoappropriatethe
feesimple,unconditionally,eitherbytheexercise land. Petitioners argued that the expropriation
of eminent domain or by purchase, the former wasnotforapublicpurpose.Isthiscorrect?
ownerretainsnorightsintheland,andthepublic
use may be abandoned or the land may be A: Public use should not be restricted to the
devoted to a different use, without any traditional uses. The taking is for a public use
impairmentoftheestateortitleacquired,orany becauseofthecontributionofFelixManalotothe
reversion to the former owner. (ATO petitioners, culture and history of the Philippines. (Manosca
vs.ApolonioGopuco,Jr.G.RNo.158563, June30, v.CA,GRNo106440,Jan.29,1996)
2005)
Q: Is expropriation of private lands for slum
clearance and urban development for public
2.MiscellaneousApplication purpose?

Q: An ordinance of Quezon City requires A: Yes it is for public purpose even if the
memorialparkoperatorstosetasideatleast6% developed area is later sold to private
of their cemetery for charity burial of deceased homeowners, commercial firms, entertainment
persons.Isthisavalidexerciseofpolicepower? and service companies and other private
concerns.(Reyesv.NHAG.R.No.47511.January
A: No, it constitutes taking of property without 20,2003)
just compensation. Instead of building or
maintaining a public cemetery for this purpose,
thecitypassestheburdentoprivatecemeteries. n.CONTRACTCLAUSEorNONIMPAIRMENT
(City Government of Quezon City vs.Ericta, G.R. CLAUSE
No.L34915,Jun.24,1983)
Q:Maylawsbeenactedeveniftheresultwould
Q: Can there be expropriation in right of way betheimpairmentofcontracts?
easement?
A:
A: Yes. Expropriation is not limited to the GR: Valid contracts should be respected by
acquisitionofrealpropertywithacorresponding the legislature and not tampered with by
transfer of title or possession the right of way subsequent laws that will change the
easementresultinginarestrictionoflimitationon intentionofthepartiesormodifytheirrights
property right over the land traversed by and obligations. The will of the parties to a
transmission lines also falls within the ambit of contractmustprevail. A later law which
the term expropriation. (NPC v. Maria enlarges,abridges,orinanymannerchanges
MendozaSan Pedro G.R. No. 170945 September the intent of the parties to the contract
26,2006) necessarily impairs the contract itself and
cannot be given retroactive effect without
Q:CausbysuedtheUnitedStatesfortrespassing violatingtheconstitutionalprohibitionagainst
on his land, complaining specifically about how impairment of contracts. (Sangalang v. IAC,
"lowflying military planes caused the plaintiffs' GRNo.71169,December22,1988)
chickens to 'jump up against the side of the
chicken house and the walls and burst XPN: Enactment of laws pursuant to the
themselves open and die. Are they entitled to exercise of police power because public
compensationbyreasonoftakingclause? welfare prevails over private rights. It is
deemed embedded in every contract a
A:Thereistakingbyreasonofthefrequencyand reservation of the States exercise of police
altitude of the flights. Causby could not use his power,eminentdomainandtaxation,solong
landforanypurpose.(USv.Causby,328U.S.256, as it deals with a matter affecting the public
1946) welfare. (PNB v Remigio, G.R. No 78508,
March21,1994)

96
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

Q:Whatconstitutesimpairment?
Theyneednotbepersonssopoorthattheymust
A:Anystatutewhichintroducesachangeintothe be supported at public expense. It suffices that
express terms of the contract, or its legal the plaintiff is indigent. And the difference
construction,oritsvalidity,oritsdischarge,orthe betweenpaupersandindigentpersonsisthatthe
remedyforitsenforcement,impairsthecontract. latter are persons who have no property or
(BlacksLawDictionary) sources of income sufficient for their support
asidefromtheirownlaborthoughselfsupporting
Note: Franchises, privileges, licenses, etc. do not when able to work and in employment. (Acar v.
comewithinthecontextoftheprovision,sincethese Rosal,G.R.No.L21707,March18,1967)
things are subject to amendment, alteration or
repeal by Congress when the common good so
requires. p.RIGHTSOFSUSPECTS


Q: PAL (a former GOCC) and Kuwait Airways Q:WhataretheMirandarights?
enteredintoaCommercialAgreementandJoint
Services Agreement. Can the execution of the A: These are the rights to which a person under
Commercial Memorandum of Understanding custodial investigation is entitled. These rights
between Kuwait and Philippine Government are:
automatically terminate the aforementioned 1. Righttoremainsilent
agreement? 2. Right to competent and independent
counsel,preferablyofhisownchoice
A:No,becauseanactofthePhil.Govtnegating 3. Right to be reminded that if he cannot
the commercial agreement between the two affordtheservicesofcounsel,hewould
airlines would infringe the vested rights of a beprovidedwithone
private individual. Since PAL was already under 4. Righttobeinformedofhisrights
private ownership at the time the CMU was 5. Right against torture, force, violence,
enteredinto,theCourtcannotpresumethatany threat,intimidationoranyothermeans
andallcommitmentsmadebythePhil.Govtare whichvitiatethefreewill
unilaterally binding on the carrier even if this 6. Right against secret detention places,
comes at the expense of diplomatic solitary, incommunicado, or similar
embarrassment. Even granting that the police formsofdetention
poweroftheStatemaybeexercisedtoimpairthe 7. Righttohaveconfessionsoradmissions
vested rights of privatelyowned airlines, the obtained in violation of these rights
deprivationofpropertystillrequiresdueprocess considered inadmissible in evidence
of law. (Kuwait Airline Corporation v. PAL, G.R. (MirandavArizona,384US436,1966)
No.156087,May8,2009)
Note: Even if the person consents to answer
Q:Maytherebeavalidimpairmentofcontracts questions without the assistance of counsel, the
even if the act in question is done by an entity moment he asks for a lawyer at any point in the
otherthanthelegislature? investigation, the interrogation must cease until an
attorneyispresent.
A:Yes.Theactneednotbebyalegislativeoffice;
but it should be legislative in nature. (Philippine The Miranda Rights are available to avoid
RuralElectricCooperativesAssoc.v.DILGSec,G.R. involuntaryextrajudicialconfession.
No.143076,June10,2003)
Thepurposeofprovidingcounseltoapersonunder
custodial investigation is to curb the policestate
practice of extracting a confession that leads
o.LEGALASSISTANCEANDFREEACCESSTO
appellant to make selfincriminating statements.
COURTS
(Peoplevs.Rapeza,GR169431,3April2007)

Q.Whatisthesignificanceofthisprovision? Q: What are the rights and limitations of a
personinapreliminaryinvestigation?
A. It is the basis for the provision of Section 17,
Rule 5 of the New Rules of Court allowing A:
litigation in forma pauperis . Those protected 1. Hecannotcrossexamine
include low paid employees, domestic servants 2. No right to counsel except when
andlaborers.(Cabangisv.AlmedaLopez,G.R.No. confessionisbeingobtained
47685,September20,1940)

97
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


3. Hecannotfilecomplaintorinformation notchoosetousethetermcustodialbyhaving
withoutauthority it inserted between the words under and
4. Righttobepresentnotabsolute investigation goes to prove that it has
5. Nodismissalwithoutapproval broadened the application of the Miranda
6. Righttodiscoveryproceedings doctrine to investigation for commission of an
1.Availability offenseofapersonnotincustodyalone.(People
v.Maqueda,G.R.No.112983,Mar.22,1995)
Q:Whendotheserightsbecomeavailable?
Q:WhenaretheMirandarightsunavailable?
A:Duringcustodialinvestigationorassoonasthe
investigation ceases to be a general inquiry unto A:
anunsolvedcrimeanddirectionisaimedupona 1. During a police lineup, unless
particular suspect, as when the suspect who has admissions or confessions are being
beentakenintopolicecustodyandtowhomthe elicited from the suspect (Gamboa Vs.
police would then direct interrogatory questions Cruz,L56291,27Jun1988)
whichtendtoelicitincriminatingstatements. 2. During administrative investigations
(Sebastian, Jr v Garchitorena, G.R. No
Note: Sec. 2 of R.A. 7438 provides that custodial 114028)
investigation shall include the practice of issuing an 3. Confessionsmadebyanaccusedatthe
invitation to a person who is under investigation in time he voluntarily surrendered to the
connectionwithan offense he issuspectedtohave policeoroutsidethecontextofaformal
committed investigation;(PeoplevBaloloy,G.R.No
140740,April12,2002)and
Rights during custodial investigation apply only 4. Statements made to a private person
against testimonial compulsion and not when the (People v Tawat, G.R. No 62871, May
bodyoftheaccusedisproposedtobeexamined(i.e.
25,1985)
urine sample; photographs; measurements;

garments;shoes)whichisapurelymechanicalact.


In the case of Galman v. Pamaran, it was held that 2.Waiver
the constitutional safeguard is applied
notwithstanding that the person is not yet arrested Q:Whataretherightsthatmaybewaived?
orunderdetentionatthetime.However,Fr.Bernas
has qualified this statement by saying that A:
jurisprudence under the 1987 Constitution has 1. Righttoremainsilent
consistently held, following the stricter view, that 2. Righttocounsel
therightsbegintobeavailableonlywhentheperson
isalreadyincustody.(Peoplev.TingLanUy,G.R.No.
Note: However, the right to be informed of these
157399,Nov.17,2005)
rightscannotbewaived.

Q:Xwascriminallycharged.Aninformationwas
filed against him and he was subsequently
arrested pursuant to a warrant of arrest issued 3.Requisites
by the court. Later X executed an extrajudicial
confession thru a Sinumpaang Salaysay without Q: What are the requisites for a valid waiver of
the assistance of counsel. Xs counsel moved theserights?
that the Sinumpaang Salaysay bedeclared
inadmissible in court since the same was in A:
violationofhisMirandaRights.Thecourtdenied 1. Made voluntarily, knowingly and
on the ground that the Miranda Rights are only intelligently
applicable during custodial investigation and 2. Waivershouldbemadeinwriting
after the filing of the information he can no 3. Made with the presence of counsel
longerinvokethesame.Decide. (PeoplevGalit,135SCRA465,1980)

A:Therightsarenotconfinedtothatperiodprior Q:Isaconfessiongiventoamayoradmissiblein
tothefilingofacomplaintorinformationbutare court?
available at that stage when a person is under
investigation for the commission of the offense. A:Yes,ifsuchconfessionwasgiventothemayor
The fact that the framers of our Constitution did as a confidant and not as a law enforcement

98
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

officer.Insuchcase,theuncounselledconfession VIOLATIONSTHEREOF)
didnotviolatethesuspectsconstitutionalrights.
(People v Zuela, G.R. No 112177, January 28, Q:Whatistherelevanceofthisactinrelationto
2000) RightsofSuspects?
A:ThisisinimplementationofArticleSection12
Note:WhattheConstitutionbarsisthecompulsory of the Constitution, enacted on 27 April 1992,
disclosure of the incriminating facts or confessions. strengthens the rights of persons arrested,
TherightsunderSec.12areguaranteestopreclude detained or under custodial investigation stated
theslightestuseofcoercionbytheState,andnotto asMirandarightsandotherrightssuchas:
prevent the suspect from freely and voluntarily
tellingthetruth.(Peoplev.Andan,G.R.No.116437,
1. Anypersonarrested,detainedorunder
Mar.3,1997)
custodial investigation shall at all times

beassistedbycounsel.
Q: Decide on the admissibility as evidence of
2. The custodial investigation report shall
confessions given to news reporters and/or
be reduced to writing by the
mediaandvideotapedconfessions.
investigating office and it shall be read

andadequatelyexplainedtohimbyhis
A:Confessionsgiveninresponsetoaquestionby
counselorbytheassistingcounsel
news reporters, not policemen, are admissible.
3. Any extrajudicial confession made by a
Wherethesuspectgavespontaneousanswersto
person arrested, detained or under
a televised interview by several press reporters,
custodial investigation shall be in
his answers aredeemed to be voluntary and are
writingandsignedbysuchpersoninthe
admissible.
presenceofhiscounsel


Videotaped confessions are admissible, where it
Note:AsusedthisAct,"custodialinvestigation"shall
is shown that the accused unburdened his guilt include the practice of issuing an "invitation" to a
willingly, openly and publicly in the presence of person who is investigated in connection with an
thenewsmen.Suchconfessionsdonotformpart offenseheissuspectedtohavecommitted,without
ofconfessionsincustodialinvestigationsasitwas prejudice to the liability of the "inviting" officer for
notgiventopolicemenbuttomediainattempt anyviolationoflaw.(RA7438)
to solicit sympathy and forgiveness from the
public.
5.ANTITORTUREACTOF2009(RA9745)
However, due to inherent danger of these
videotaped confessions, they must be accepted Q: What is the relevance of Anti Torture Act of
with extreme caution. They should be presumed 2009inrelationtoRightsofSuspects?
involuntary,astheremaybeconnivancebetween
thepoliceandmediamen.(Peoplev.Endino,G.R. A: It is meant to implement the guarantees in
No.133026,Feb.20,2001) Section12oftheBillofRightsagainsttortureand
other related acts. It adds the right, among
Q: What is the fruit of the poisonous tree others, to be informed of ones right to demand
doctrine? physical examination by an independent and
competent doctor of his/her own choice, which
A: This doctrine states that once the primary maybewaived,provideditisinwritingandinthe
source (the tree) is shown to have been presenceofcounsel.
unlawfully obtained, any secondary or derivative
evidence (the fruit) derived from it is also Note: It was enacted on 10 November 2009
inadmissible. The rule is based on the principle specificallytocurbandpunishtorture(physicaland
that evidence illegally obtained by the State mental) and other cruel, inhuman and degrading
should not be used to gain other evidence, treatment or punishment inflicted by a person in
because the originally illegally obtained evidence authority or agent of a person in authority upon
taintsallevidencesubsequentlyobtained. anotherpersoninhis/hercustody.(AntiTortureAct
Of2009)
4.REPUBLICACT7438(ANACTDEFINING
CERTAINRIGHTSOFPERSONARRESTED, Q.Whatarethesalientfeaturesofthisact?
DETAINEDORUNDERCUSTODIAL
INVESTIGATIONASWELLASTHEDUTIESOFTHE A.
ARRESTING,DETAININGANDINVESTIGATING 1. Animpartial investigationby the
OFFICERS,ANDPROVIDINGPENALTIESFOR Commission on Human Rights (CHR)

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V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
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and other concerned government 3. Accusedisgivennoticeandopportunity
agencies. tobeheard
2. Investigation of the torturecompleted 4. Judgment rendered was within the
within a maximum period 60 working authorityofaconstitutionallaw
days
3. Sufficientgovernmentprotection Q:Isrighttoappealapartofdueprocess?
4. Be given sufficient protection in the
manner by which he/she testifies and A:Therighttoappealisnotanaturalrightorpart
presentsevidenceinanyforumtoavoid of due process. It is a mere statutory right, but
furthertrauma once given, denial constitutes violation of due
5. Claim forcompensationunder Republic process
ActNo.7309
6. Beinformedofhis/herrighttodemand
physical examinationby an 2.RighttoBail
independent and competent doctor of
his/herownchoice. Q:Whatismeantbybail?
7. Toimmediate access to proper and
adequatemedicaltreatment A: It is the security given for the release of a
person in custody of law, furnished by him or a
Note:Ifhe/shecannotaffordtheservicesofhis/her bondsman, conditioned upon his appearance
own doctor, he/she will be provided by the State beforeanycourtasrequired.
with a competent and independent doctor to
conduct the physical examination. If the person Q:Whenmaytherighttobailbeinvoked?
arrestedisfemale,shewillbeattendedtopreferably

by a female doctor. (AntiTorture Act of 2009 , RA
A: The right to bail may be invoked once
9745)
detention commences even if no formal charges

haveyettobefiled.(Teehankeev.Rovira,G.R.No.

L101,Dec.20,1945)
q.RIGHTSOFTHEACCUSED


Q:Whenisbailamatterofright?
Q:Whataretherightsoftheaccused?


A:Allpersonsincustodyshallbeadmittedtobail
A:Rightto:
asamatterofright,withsufficientsureties,orbe
1. Dueprocess
releasedonrecognizanceasprescribedbylawor
2. Bepresumedinnocent
theRulesofCourt.
3. Beheardbyhimselfandcounsel

4. Beinformedofthenatureandcauseof
Q:Whenisbailamatterofdiscretion?
theaccusationagainsthim

5. Aspeedy,impartialandpublictrial
A: Upon conviction by the RTCof an offense not
6. Meetthewitnessesfacetoface
punishable by death, reclusion perpetua, or life
7. Havecompulsoryprocesstosecurethe
imprisonment, bail becomes discretionary. (Sec.
attendanceofwitnessesandproduction
5,Rule114,RevisedRulesofCriminalProcedure)
ofevidenceonhisbehalf

8. Againstdoublejeopardy
Should the court grant the application, the
9. Bail
accused may be allowed to continue on

provisional liberty during the pendency of the

appealunderthesamebailsubjecttotheconsent
1.CriminalDueProcess
ofthebondsman.

Q: What are the requisites of criminal due Q:Whenshallbailbedenied?
process?
A: If the penalty imposed by the trial court is
A: imprisonmentexceedingsix(6)years,theaccused
1. Accused is heard by a court of shallbedeniedbail,orhisbailshallbecancelled
competentjurisdiction upon a showing by the prosecution, with notice
2. Accusedisproceededagainstunderthe to the accused, of the following or other similar
orderlyprocessesoflaw circumstances:

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HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

a. That he is a recidivist, quasirecidivist, 8. Forfeitureofotherbail


or habitual delinquent, or has 9. Whether he was a fugitive from justice
committedthecrimeaggravatedbythe whenarrested
circumstanceofreiteration; 10. Pendencyofothercaseswhereheison
b. That he has previously escaped from bail (Sunga v. Judge Salud, A.M. No.
legalconfinement,evadedsentence,or 2205MJ,Nov.19,1981)
violated the conditions of his bail
withoutvalidjustification; Q:Shouldtherebeahearing?
c. That he committed the offense while
under probation, parole, or conditional A: Whether bail is a matter of right or of
pardon; discretion, reasonable notice of hearing is
d. That the circumstances of his case requiredtobegiventheprosecutor,oratleasthe
indicate the probability of flight if must be asked for his recommendation, because
releasedonbail;or infixingtheamountofbail,thejudgeisrequired
e. That there is undue risk that he may totakeintoaccountanumberoffactors.(Cortes
commit another crime during the v. Judge Catral, A.M. No. RTJ971387, Sept. 10,
pendencyoftheappeal. 1997)

The appellate court may, motu proprio or on When the accused is charged with an offense
motionofanyparty,reviewtheresolutionofthe punishable by reclusion perpetua or higher, a
RTC after notice to the adverse party in either hearingonthemotionforbailmustbeconducted
case.(Sec.5,Rule114,RulesofCourt) by the judge to determine whether or not the
evidenceofguiltisstrong.(Baylonv.JudgeSison,
Note: The conduct of petitioner in applying for bail A.M.No.9273600,Apr.6,1995)
indicated that he had waived his objection to
whatever defect, if any, in the preliminary Q:Istherighttobailavailabletoanalienduring
examination conducted by respondent judge (Luna thependencyofdeportationproceedings?
v.Plaza,G.R.No.L27511,Nov.29,1968)Therightto
bail is available from the very moment of arrest A: Yes, provided that potential extraditee must
(which may be before or after the filing of formal provebyclearandconvincingproofthatheisnot
chargesincourt)uptothetimeofconvictionbyfinal
a flight risk and will abide with al orders and
judgment (which means after appeal). No charge
processes of the extradition court. (Government
needbefiledformallybeforeonecanfileforbail,so
long as one is under arrest. (Heras Teehankee v.
of Hong Kong Special Administrative Region v.
Rovira,G.R.No.L101,Dec.201945) OlaliaJr.,G.R153675,Apr.19,2007)

Q:Whoarenotentitledtobail?
3.PresumptionofInnocence
A:
1. Persons charged with offenses Q:Howisthepresumptionapplied?
punishable by reclusion perpetua or
death,whenevidenceofguiltisstrong A: Every circumstance favoring the innocence of
2. Persons convicted by the trial court. the accused must be taken into account. The
Bail is only discretionary pending proofagainsthimmustsurvivethetestofreason;
appeal thestrongestsuspicionmustnotbepermittedto
3. Persons who are members of the AFP swayjudgment(Peoplev.Austria,G.R.No.55109,
facingacourtmartial Apr.8,1991)

Q: What are the factors to be considered in Q: Who may invoke the presumption of
settingtheamountofbail? innocence?

A: A:Itcanbeinvokedonlybyanindividualaccused
1. Financialabilityofaccused of a criminal offense; a corporate entity has no
2. Natureandcircumstancesofoffense personalitytoinvokethesame.
3. Penaltyforoffense
4. Characterandreputationofaccused Q:WhatistheEquipoiseRule?
5. Ageandhealthofaccused
6. Weightofevidenceagainsthim A: Under the equipoise rule, when the evidence
7. Probabilityofappearanceattrial of both sides are equally balanced, the

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V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
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UST GOLDEN NOTES 2011


constitutional presumption of innocence should indicating the guilt of the accused does not in
tilt the scales in favor of the accused (Corpuz v. itself destroy the constitutional presumption of
People,G.R.No.74259,Feb.14,1991) innocence unless the inculpating presumption,
togetherwithalltheevidence,orthelackofany
Q:OZlostfiveheadsofcattlewhichhereported evidence or explanation, proves the accuseds
to the police as stolen from his barn. He guilt beyond a reasonable doubt. Until the
requested several neighbors, including RR, for accuseds guilt is shown in this manner, the
helpinlookingforthemissinganimals.Afteran presumption of innocence continues. (Re:
extensivesearch,thepolicefound twoheadsin Conviction of Judge Adoracion G. Angeles, A.M.
RR's farm. RR could not explain to the police No.069545RTC,Jan.31,2008)
how they got hidden in a remote area of his
farm. Insisting on his innocence, RR consulted
a lawyer who told him he has a right to be 4.RighttobeHeardbyHimselfandCounsel
presumedinnocentunderthe BillofRights.But
there is another presumption of theft arising Q:Doesthisrightpertaintomerepresenceofa
fromhisunexplainedpossessionofstolencattle lawyerinthecourtroom?
underthepenallaw.
A:No.Theaccusedmustbeamplyaccordedlegal
Are the two presumptions capable of assistance extended by a counsel who commits
reconciliation in this case? If so, can they be himself to the cause of the defense and acts
reconciled?Ifnot,whichshouldprevail? accordingly; an efficient and truly decisive legal
assistance, and not simply a perfunctory
A:Thetwopresumptionscanbereconciled.The representation. (People v. Bermas, G.R. No.
presumption of innocence stands until the 120420,Apr.21,1999)
contrary is proved. It may be overcome by a
contrary presumption founded upon human
Q: Several individuals were tried and convicted
experience. The presumption that RR is the one
of Piracy in Philippine Waters as defined in PD
whostolethecattleofOZislogical,sincehewas
532.However,itwasdiscoveredthatthelawyer,
found in possession of the stolen cattle. RR
Mr. Posadas, who represented them was not a
can prove his innocence by presenting evidence
member of the bar although evidence shows
to rebut the presumption. The burden of
that he was knowledgeable in the rules of legal
evidenceisshiftedtoRR,becausehowhecame
procedure.
into possession of the cattle is peculiarly within
hisknowledge.(DizonPamintuanv.People,G.R.
No.111426,July11,1994) The accused now allege that their conviction
shouldbesetasidesincetheyweredeprivedof
Q: The RTC QC rendered a decision convicting dueprocess.Aretheycorrect?
Judge Angeles of violation of R.A. 7610. The
criminal cases are now on appeal before the A:No.Sec.1ofRule115oftheRevisedRulesof
Court of Appeals. Meanwhile, Senior Sate CriminalProcedurestatesthat"uponmotion,the
Prosecutor Velasco (SSP Velasco) suggested the accused may be allowed to defend himself in
immediate suspension of Angeles. SSP Velasco person when it sufficiently appears to the court
posited that since Judge Angeles stands thathecanproperlyprotecthisrightswithoutthe
convicted of two counts of child abuse, her assistance of counsel." By analogy, but without
moral qualification as a judge is in question. prejudicetothesanctionsimposedbylawforthe
Judge Angeles manifested that she still enjoys illegalpracticeoflaw,it isamplyshownthatthe
thepresumptionofinnocencesincethecriminal rights of accused were sufficiently and properly
cases are on appeal. Does she still enjoy the protected by the appearance of Mr. Posadas. An
presumption of innocence if the judgment examinationoftherecordwillshowthatheknew
convictingherisonappeal? the technical rules of procedure. Hence, there
was a valid waiver of the right to sufficient
A: Judge Angeles still enjoys constitutional representationduringthetrial,consideringthatit
presumptionofinnocence.Sinceherconvictionof was unequivocally, knowingly, and intelligently
the crime of child abuse is currently on appeal made and with the full assistance of a bona fide
before the CA, the same has not yet attained lawyer, Atty. Abdul Basar. Accordingly, denial of
finality.Assuch,shestillenjoystheconstitutional due process cannot be successfully invoked
presumption of innocence. It must be where a valid waiver of rights has been made.
rememberedthattheexistenceofapresumption (Peoplev.Tulin,G.R.111709,Aug.30,2001)

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ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

Note: In Flores v. Ruiz, G.R. No. L35707, May 31, A: Description, not designation of the offense, is
1979, the Supreme Court held that the right to controlling.Therealnatureofthecrimecharged
counsel during the trial cannot be waived, because is determined from the recital of facts in the
even the most intelligent or educated man may information. It is neither determined based on
havenoskillinthescienceoflaw,particularlyinthe the caption or preamble thereof nor from the
rulesofprocedure,andwithoutcounsel,hemaybe specificationoftheprovisionofthelawallegedly
convicted not because he is guilty but because he violated.
doesnotknowhowtoestablishhisinnocence.

Q: What are the requisites for properly


Q:Xwascriminallychargedincourt.Hehiredas
informingtheaccusedofthenatureandcauseof
counsel Y, who has many highprofile clients.
accusation?
Due to his many clients, Y cannot attend the

hearing of the case of X. He requested many
A:
timestohavethehearingspostponed.Thecase
1. Informationmuststatethenameofthe
dragged on slowly. The judge in his desire to
accused
finish the caseas early as practicable under the
2. Designation given to the offense by
continuous trial system appointed a counsel de
statute
officioandwithdrewthecounseldeparte.Isthe
3. Statement of the acts or omission so
actionofthejudgevalid?
complained of as constituting the

offense
A: The appointment of counsel de officio under
4. Nameoftheoffendedparty
such circumstances is not proscribed under the
5. Approximate time and date of
Constitution. The preferential discretion is not
commissionoftheoffense
absoluteaswouldenableanaccusedtochoosea
6. Placewhereoffensewascommitted
particular counsel to the exclusion of others
7. Every element of the offense must be
equally capable. The choice of counsel by the
allegedinthecomplaintorinformation
accusedinacriminalprosecutionisnotaplenary

one. If the counsel deliberately makes himself
Q: What happens if the information fails to
scarcethecourtisnotprecludedfromappointing
allegethematerialelementsoftheoffense?
acounseldeofficiowhomitconsiderscompetent

and independent to enable the trial to proceed
A:Theaccusedcannotbeconvictedthereofeven
untilthecounselofchoiceentershisappearance.
if the prosecution is able to present evidence
Otherwise the pace of criminal prosecution will
duringthetrialwithrespecttosuchelements.
entirely be dictated by the accused to the

detrimentoftheeventualresolutionofthecase.
Q: How is the void for vagueness doctrine
(Peoplev.Larranaga,G.R.No.13887475,Feb.3,
relatedtothisright?
2004)

A: The accused is also denied the right to be

informed of the charge against him, and to due


5.RighttobeInformedoftheNatureandCause
process as well, where the statute itself is
ofAccusation couchedinsuchindefinitelanguagethatitisnot
possible for men of ordinary intelligence to
Q:Whatistherationaleforthisright? determine therefrom what acts or omissions are
punished.Insuchacase,thelawisdeemedvoid.
A:
1. To furnish the accused with such a Q: May a person be convicted of the crime
descriptionofthechargeagainsthimaswill proved if the same is different from the crime
enablehimtomakehisdefense charged?
2. To avail himself of his conviction or
acquittal for protection against further A: Under the variance doctrine, in spite of the
prosecutionforthesamecause difference between the crime that was charged
3. To inform the court of the facts alleged so and that which was eventually proved, the
that it may decide whether they are accused may still be convicted of whatever
sufficient in law to support a conviction, if offense that was proved even if not specifically
oneshouldbehad(USv.KarelsenG.R.No. set out in the information provided it is
1376,Jan.21,1904) necessarily included in the crime charged. (Teves
v. Sandiganbayan, G.R. No. 154182, Dec. 17,
Q:Whatwoulddeterminethenatureandcause 2004)
ofaccusation?

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Q: May the right to be informed of the nature thefaultoftheprosecution,thetestimonyofthe
andcauseofaccusationbewaived? witnessshouldnotbeexcluded.

A:No.However,thedefensemaywaivetheright Q: Are affidavits of witnesses who are not
to enter a plea and let the court enter a plea of presentedduringtrialadmissible?
notguilty.
A: No. They are inadmissible for being hearsay.
The accused is denied the opportunity to cross
6.RighttoSpeedy,ImpartialandPublic examinethewitnesses.

Q:Whatismeantbyspeedytrial? Note: Depositions are admissible under
circumstancesprovidedbytheRulesofCourt.
A:Thetermspeedymeansfreefromvexatious,
capricious and oppressive delays. The factors to
beconsideredare: 8.RighttoCompulsoryProcesstoSecure
1. Time expired from the filing of AttendanceofWitnessandProductionof
information Evidence
2. Lengthofdelay
3. Reasonsforthedelay Q: What are the means available to the parties
4. Assertion or nonassertion of the right to compel the attendance of witnesses and the
bytheaccused production of documents and things needed in
5. Prejudicecausedtothedefendant theprosecutionordefenseofacase?

Q:Whatismeantbyimpartialtrial? A:
1. Subpoena ad testificandum and
A:Theaccusedisentitledtocoldneutralityofan subpoenaducestecum
impartial judge, one who is free from interest or 2. Depositions and other modes of
bias. discovery
3. Perpetuationoftestimonies
Q:Whymustthetrialbepublic?
Q:Whatisthedifferencebetweensubpoenaad
A:Itisinordertopreventpossibleabuseswhich testificandumandsubpoenaducestecum?
may be committed against the accused. The
attendanceatthetrialisopentoall,irrespective A:
of their relationship to the accused. However, if AdTestificandum DucesTecum
the evidence to be adduced is offensive to Aprocessdirectedtoaperson Thepersonisalso
requiringhimtoattendandto requiredtobring
decency or public morals, the public may be
testifyatthehearingortrialof withhimany
excluded.
anaction,oratany books,

investigationconductedby documents,or
Note: The denial of the right to speedy trial is a
competentauthority,orfor otherthings
groundforacquittal.
thetakingofhisdeposition. underhiscontrol.


7.RighttoMeettheWitnesses Q: What is the requirement for the issuance of
subpoenaducestecum?
FacetoFace


A: The subpoena shall contain a reasonable
Q: What is the purpose of the right of
description of the books, documents or things
confrontation?
demanded which must appear to the court as

primafacierelevant.
A:Primarily,toaffordtheaccusedanopportunity

to test the testimony of a witness by cross
Q:Whataretherequirementsfortheexerciseof
examination, and secondarily, to allow the judge
therighttosecureattendanceofwitness?
toobservethedeportmentofthewitness


A:
Q:Whatistheeffectoffailuretocrossexamine?
1. Thewitnessisreallymaterial

2. The attendance of the witness was
A:Ifthefailureoftheaccusedtocrossexaminea
previouslyobtained
witnessisduetohisownfaultorwasnotdueto

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ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

3. Thewitnesswillbeavailableatthetime 2. Copy be served upon accused or


desired counsel
4. Nosimilarevidencecouldbeobtained
Note: Recordingthe decision in the criminaldocket
Q: When is the right to crossexamine of the court satisfies the requirement of notifying
demandable? the accused of the decision wherever he may be.
(Estradav.People,G.R.No.162371,Aug.25,2005)
A: It is demandable only during trials. Thus, it
cannot be availed of during preliminary
investigations. r.PRIVILEGEOFWRITOFHABEASCORPUS

Q:Whataretheprincipalexceptionstotheright Q:WhatistheWritofHabeasCorpus?
ofconfrontation?
A:WritofHabeasCorpusisawritdirectedtothe
A: person detaining another, commanding him to
1. Admissibility of dying declarations and producethebodyofthedetaineeatadesignated
allexceptionstothehearsayrule time and place, and to show the cause of his
2. TrialinabsentiaunderSec.14(2)ofArt. detention.
IIIoftheConstitution
3. Withrespecttochildtestimony Q: What is the Privilege of the Writ of Habeas
Corpus?

9.TrialinAbsentia A: It is the right to have an immediate
determinationofthelegalityofthedeprivationof
Q:Whenmaytrialinabsentiaproceed? physicalliberty.

A: Trial in absentia may proceed if the following Q: When may the privilege of the writ be
requisitesarepresent: suspended?

1. Accusedhasbeenvalidlyarraigned A:Theprivilegeofthewritmaybesuspendedby
2. Accused has been duly notified of the the President, provided that the following
datesofhearing requisitesarepresent:
3. Failuretoappearisunjustifiable
1. Existenceofactualinvasionorrebellion
Q:Isthepresenceoftheaccusedmandatory? 2. Publicsafetyrequiresthesuspension

A:Yes,inthefollowinginstances: Q:Towhatsituationsdoesthewritapply?
1. Duringarraignmentandplea
2. During trial, for identification, unless A:TheWritofHabeasCorpusextendstoallcases
the accused has already stipulated on of illegal confinement or detention by which any
hisidentityduringthepretrialandthat personisdeprivedofhisliberty,orbywhichthe
he is the one who will be identified by rightful custody of any person is withheld from
the witnesses as the accused in the theoneentitledthereto.
criminalcase
3. During promulgation of sentence, Q:MaytheWritofHabeasCorpusbeusedasa
unlessforalightoffense means of obtaining evidence on the
whereaboutsofaperson?
Note: While the accused is entitled to be present
duringpromulgationofjudgment,theabsenceofhis A:InMartinezv.Mendoza(499SCRA2342006),
counselduringsuchpromulgationdoesnotaffectits theCourtheldthatthegrantofreliefinahabeas
validity. corpus proceeding is not predicated on the
disappearance of a person, but on his illegal
Q: Can there be promulgation of judgment in detention. It may not be used as a means of
absentia? obtaining evidence on the whereabouts of a
person, or as a means of finding out who has
A: Promulgation of judgment in absentia is valid specificallyabductedorcausedthedisappearance
providedthattheessentialelementsarepresent: of a certain person. When forcible taking and
1. Judgment be recorded in the criminal disappearancenotarrestanddetentionhave
docket been alleged, the proper remedy is not habeas

105
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V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
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corpus proceedings, but criminal investigation temporaryprotection
andproceedings. order,witness
protectionorder,
Q:Xwasarrestedbythemilitaryonthebasisof inspectionorderand
a mission order issued by the Department of productionorder,are
Defense.Apetitionforhabeascorpuswasfiled. available
The writ was issued. Later an information for Coversactswhich
Limitedtocases
rebellionwasfiledagainstX.Themilitarymoved violateorthreatento
involvingactualviolation
violatetherighttolife,
thatthepetitionshouldbedismissedforhaving ofrighttoliberty
libertyandsecurity
becomemootandacademic.Decide.
Generaldenialisnot
Meredenialisaground
allowed;detailedreturn
A: The function of the special proceeding of fordismissalofthe
isrequiredofthe
habeas corpus is to inquire into the legality of petition
respondent
ones detention. Now that the detainees Nopresumptionof
incarceration is by virtue of a judicial order in Presumptionofregular
regularity;mustprove
relation to criminal cases subsequently filed performanceofofficial
observanceof
against them, the remedy of habeas corpus no duty
extraordinarydiligence
longer lies. The writ has served its purpose. Onlyenforceable
(Ilaganv.Enrile,G.R.No.70748,Oct.21,1985) Enforceableanywherein anywhereinthePhil.if
thePhilippines filedwiththeCAorSC
1.WritofAmparo justice
Exemptedfrompayment
Notexempted
Q:WhatistheWritofAmparo? ofdocketfees
Releaseofdetained
Releaseofdetained
persondoesnotrender
A: It is a remedy available to any person whose personrendersitmoot
thepetitionmootand
right to life, liberty, and security has been andacademic
academic
violated or is threatened with violation by an
unlawful act or omission of a public official or
employee,orofaprivateindividualorentity.The Q:Engr.Tagitisdisappearedonedayandhiswife
writ covers extralegal killings and enforced filedapetitionfortheWritofAmparowiththe
disappearances or threats thereof. (Rule on Writ CA directed against the PNP, claiming that the
ofAmparo) unexplained uncooperative behaviour of the
respondents request for help and their failure
Q:Whatareextralegalkillings? and refusal to extend assistance in locating the
whereabouts of Tagitis were indicative of their
A:Killingscommittedwithoutdueprocessoflaw, actual physical possession and custody of the
i.e., without legal safeguards or judicial missingengineer.ThePNPwasheldresponsible
proceedings. for the enforced disappearance of Engr.
Tagitis.Isthisvalid?
Q:Whatconstitutesenforceddisappearances?
A: Yes. The government in general, through the
A: An arrest, detention or abduction of a person PNP and the PNPCIDG, and in particular, the
by a government official or organized groups or Chiefs of these organizations together with Col.
private individuals acting with the direct or Kasim, should be held fully accountable for the
indirect acquiescence of the government. It is enforced disappearance of Tagitis. Given their
further characterized by the refusal of the State mandates, the PNP and the PNPCIDG officials
todisclosethefateorwhereaboutsoftheperson andmembersweretheoneswhowereremissin
concerned or a refusal to acknowledge the their duties when the government completely
deprivation of liberty which places such persons failedtoexerciseextraordinarydiligencethatthe
outsidetheprotectionoflaw. Amparo rule requires. (Razon v. Tagitis, G.R. No.
182498,Dec.3,2009)
Q:WhatarethemainadvantagesoftheWritof
AmparoovertheWritofHabeasCorpus? Q: Fr. Reyes was charged withrebellion andhis
name was included in the hold departure list.
A: The case was later on dismissed but the Hold
WritofAmparo WritofHabeasCorpus Departure Order still subsisted. Can the Writ of
Interimreliefs,suchas Nointerimreliefs Amparobeinvokedtoprotecthisrighttotravel?

106
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

A: No. The restriction on his right to travel as a shielded from the perpetrators of their
consequenceofthependencyofthecriminalcase abduction, they cannot be expected to show
filedagainsthimwasnotunlawful.Fr.Reyesalso evidence of overt acts of threat such as faceto
failed to establish that his right to travel was face intimidation or written threats to their life,
impairedinthemannerandtotheextentthatit liberty and security. Nonetheless, the
amountedtoaseriousviolationofhisrighttolife, circumstances of their abduction, detention,
liberty, and security, for which there exists no torture and escape reasonably support a
readily available legal remedy. (Reyes v. CA, G.R. conclusion that there is an apparent threat that
No.182161,Dec.3,2009) they will again be abducted, tortured, and this
time,evenexecuted.Theseconstitutethreatsto
Q:XandYwereabductedbytheCitizensArmed theirliberty,security,andlife,actionablethrough
Forces Geographical Unit (CAGFU). They were apetitionforaWritofAmparo.(Sec.ofNational
taken to various military camps, put in chains, Defense and AFP Chief of Staff v. Manalo, G.R.
and tortured. While detained, they were No.180906,Oct.7,2008)
threatened that if they escape, they and their
familieswouldbekilled.Whileincaptivity,they
met A, B, and C who were also prisoners. s.RIGHTAGAINSTSELFINCRIMINATION
Eventually,XandYwereabletoescape.
Q:Whenistherightavailable?
Presently,XandYarenowinprotectivecustody
under private individuals. X and Y then filed a A: The right is available not only in criminal
petitionfortheissuanceoftheWritofAmparo, prosecutions but also in all other government
implicating several officers of the military as proceedings, including civil actions and
their abductors. They allege that their cause of administrative or legislative investigations that
actionconsistsinthethreattotheirrighttolife possess a criminal or penal aspectbut not to
and liberty, and a violation of their right to private investigations done by private individual
security. Considering the fact that they have (BPI vs. CASA, 430 SCRA 261). It may be claimed
alreadyescaped,willthepetitionstillprosper? notonlybytheaccusedbutalsobyanywitnessto
whom a question calling for an incriminating
A: Yes. While X and Y were detained, they were answerisaddressed.
threatened that if they escaped, their families,
including them, would be killed. In time, they Q:Whenisaquestionincriminating?
wereabletoescape.Theconditionofthethreat
to be killed has come to pass. It should be A: A question tends to incriminate when the
stressed that they are now free from captivity answer of the accused or the witness would
not because they were released by virtue of a establishafactwhichwouldbeanecessarylinkin
lawful order or voluntarily freed by their achainofevidencetoprovethecommissionofa
abductors. It ought to be recalled that towards crimebytheaccusedorthewitness.
the end of their ordeal their captors even told
them that they were still deciding whether they Q: When is the right against selfincrimination
shouldbeexecuted. applied?

The possibility of X and Y being executed stared A: The privilege against selfincrimination can be
them in the eye while they were in detention. claimed only when the specific question,
Withtheirescape,thiscontinuingthreattotheir incriminatory in character, is actually addressed
life is apparent, more so now that they have tothewitness.Itcannotbeclaimedatanyother
surfaced and implicated specific officers in the time. It does not give a witness the right to
military not only in their own abduction and disregardasubpoena,todeclinetoappearbefore
torture,butalsointhoseofotherpersonsknown thecourtatthetimeappointed.
to have disappeared such as A,B, and C, among
others. Theprivilegeagainstselfincriminationisnotself
executingorautomaticallyoperational.Itmustbe
claimed.Itfollowsthattherightmaybewaived,
Understandably, since their escape, they have
expressly, or impliedly, as by a failure to claim it
been under concealment and protection by
attheappropriatetime.
privatecitizensbecauseofthethreattotheirlife,

libertyandsecurity.Thethreatvitiatestheirfree
will as they are forced to limit their movements
or activities. Precisely because they are being

107
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


Q: What is the difference between an accused supposed to be falsified. The lower court
andanordinarywitnesswithrespecttotheright grantedthepetitionofthefiscal.Xrefusedwhat
againstselfincrimination? the fiscal demanded and sought refuge in the
constitutional provision of his right against self
A: incrimination.IsXscontentionvalid?
Accused OrdinaryWitness
Canrefusetotakethe Cannot refuse to take A: Xs contention is tenable. Under Article HI,
witnessstandaltogether the witness stand; can Section 17 of the 1987 Constitution,no
byinvokingtheright only refuse to answer person shall be compelled to be a witness
againstself specific questions which againsthimself. Since the provision prohibits
incrimination wouldincriminatehimin compulsory testimonial incrimination, it does
the commission of an notmatterwhetherthetestimonyistakenbyoral
offense orwritten.Writingisnotpurelyamechanicalact
becauseitrequirestheapplicationofintelligence
and attention. The purpose of the privilege is to
1.ScopeandCoverage avoid and prohibit thereby the repetition and
recurrence of compelling a person, in a
Q:WhatisthescopeofthePrivilegeagainstSelf criminal or any other case, to furnish the
incrimination? missingevidencenecessaryforhisconviction.
(Bermudez v. Castillo,July 26, 1937; Beltran v.
A: This constitutional privilege has been defined Samson,G.R.No.32025,September23,1929)
as a protection against testimonial compulsion,
butthishassincebeenextendedtoanyevidence Note: There is similarity between one who is
communicative in nature acquired under compelledtoproduceaprivatedocument(Boydvs.
circumstancesofduress(Peoplev.Olvis,G.R.No. US, 1886), and one who is compelled to furnish a
71092,Sept.30,1987) specimen of his handwriting, for in both cases, the
witness is required to furnish evidence against
Whatisprohibitedistheuseofphysicalormoral himself.
compulsion to extort communication from the
witness or to otherwise elicit evidence which 2.ImmunityStatutes
would not exist were it not for the actions
compelledfromthewitness. Q: Distinguish DerivativeUse Immunity from
TransactionalImmunity.
Note: It applies only to testimonial compulsion and
production of documents, papers and chattels in A:
court except when books of account are to be DerivativeUse
examined in the exercise of police power and the TransactionalImmunity
Immunity
poweroftaxation.Anaccusedmaybecompelledto Whateveriselicited
bephotographedormeasured,hisgarmentsmaybe fromthewitness,aswell
removed,andhisbodymaybeexamined.However, asanyotherevidence Witnessisimmunized
an order requiring the accused to write so that his whichtheinvestigators fromprosecutionin
handwritingmaybevalidatedwiththedocumentary wereledtobecauseof relationtothecrimein
evidence is covered by the constitutional thetestimonygiven, whichhewascompelled
proscriptionagainstselfincrimination. wouldnotbeadmissible toprovidetestimony
inevidenceagainstthe
Q: Do reenactments violate a person's right witness
againstselfincrimination?
Q:RepublicofthePhilippinesfiledacaseagainst
A:Yes.Apersonwhoismadetoreenactacrime WestinghouseCorporationbeforetheUSDistrict
may rightfully invoke his privilege against self Court due to the belief that Westinghouse
incrimination, because by his conduct of acting contract for the construction of the Bataan
outhowthecrimewassupposedlycommitted,he Nuclear power plant, which was brokered by
thereby practically confesses his guilt by action HerminiosDisiniscompany,hadbeenattended
whichisaseloquent,ifnotmoreso,thanwords. by anomalies. Having worked as Herminios
executive in the latters company for 15 years,
Q:FiscalApetitionedthelowercourttoorderX the Republic asked Jesus Disini to give his
toappearbeforetheformertotakedictationin testimonyregardingthecase.
Xs own handwriting to determine whether or
not it was X who wrote certain documents

108
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

An immunity agreement was entered between A:


JesusandtheRepublicwhichDisiniundertookto 1. None. In the case at bar, X and Y were under
testify for his government and provide its thedirectiveoflawandunderthecompulsionof
lawyers with informations needed to prosecute fearforthecontemptpowersoftheBoard.They
the case. Said agreement gave Jesus an were left with no choice but to provide
assurancethatheshallnotbecompelledtogive testimoniesbeforetheBoard.
furthertestimoniesinanyproceedingotherthan
the present matter. Jesus complied with his 2. No. The manner in which testimonies were
undertaking but 18 years after the taken from X and Y falls short of the
Sandiganbayan issued a subpoena against him, constitutional standards both under the due
commanding to testify and produce documents processclauseandundertheexclusionaryrule.
before said court in an action filed against
Herminio. 3. As a rule, such infringement of constitutional
right renders inoperative the testimonial
Can Jesus be compelled to testify before the compulsion, meaning, the witness cannot be
Sandiganbayan? compelled to answer UNLESS a coextensive
protection in the form of IMMUNITY is offered.
A:No.Acontractisthelawbetweentheparties. The only was to cure the law of its
It cannot be withdrawn except by their mutual unconstitutional effects is to construe it in the
consent.Inthecaseatbar,theRepublic,through mannerasifIMMUNITYhadinfactbeenoffered.
thePCGG,offeredJesusnotonlycriminalandcivil TheapplicabilityoftheimmunitygrantedbyP.D.
immunity but also immunity against being 1886cannotbemadetodependonaclaimofthe
compelledtotestifyinanyproceedingotherthan privilege against selfincrimination which the
the civil and arbitration cases identified in the samelawpracticallystripsawayfromthewitness.
agreement, just so he would agree to testify. (Galmanvs.Pamaran,138SCRA294,1985)
WhentheRepublicenteredinsuchagreement,it
needs to fulfill its obligations honorably as Jesus Note: Sec. 5, P.D. 1886, grants merely immunity
did. The government should be fair. (Disini v. from use of any statement givenbefore the Agrava
Sandiganbayan,G.R.No.180564,June22,2010) Board,butnotimmunityfromprosecutionbyreason
or on the basis thereof. (Galman v. Pamaran, G.R.
Q: X and Y were called before the AGRAVA Nos.7120809,Aug.30,1985)
Board to elicit and determine the surrounding
facts and circumstances of the assassination of Q: What is the effect of denial of privilege
Benigno Aquino Sr. Section 5 of the same law againstselfincrimination?
(P.D.1886)creatingtheBoardcompelsaperson
to take the witness stand, testify or produce A:Whentheprivilegeagainstselfincriminationis
evidence, under the pain of contempt if they violatedoutsideofcourt,say,bythepolice,then
failed or refused to do so. X and Y gave their thetestimony,asalreadynoted,isnotadmissible
testimonies without having been informed of under the exclusionary rule. When the privilege
their right to remain silent and that any isviolatedbythecourtitself,thatis,bythejudge,
statement given by them may be used against the court is ousted of its jurisdiction, all its
them.TheBoardthenusedtheinformationfrom proceedings are null and void, and it is as if no
the testimonies of X and Y to support the judgmenthasbeenrendered.(Chavezv.CA,G.R.
prosecution's case against them in No.L29169,Aug.19,1968)
Sandiganbayan. The Board contends that the
fact that X and Y testified before the Board Q:R.A.9165requiresmandatorydrugtestingfor
constituted as a valid waiver of their persons charged before the prosecutors office
constitutional rights to remainsilent andnot to with criminal offenses punishable with 6 years
be compelled to be a witness against and 1 day imprisonment. Petitioner SJS
themselves. questionstheconstitutionalityofthelawonthe
1.Wasthereavalidwaiveroftherights? ground that it violates the rights to privacy and
2. Are the testimonies of X and Y admissible in againstselfincriminationofanaccused.Decide.
court?
3. How can the unconstitutional effects be A:TheCourtfindsthesituationentirelydifferent
reconciled? in the case of persons charged before the public
prosecutors office with criminal offenses
punishable with imprisonment. The operative
concepts in the mandatory drug testing are
randomnessandsuspicionless.Inthecaseof

109
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


persons charged with a crime before the Q:Whatarethepunishmentscovered?
prosecutorsoffice,amandatorydrugtestingcan
never be random or suspicionless. The ideas of A: Cruel, degrading, and inhuman form, extent,
randomness and being suspicionless are anddurationpunishments
antithetical to their being made defendants in a
criminal complaint. They are not randomly Q:Whenisapenaltycruelandinhuman?
picked;neitheraretheybeyondsuspicion.When
persons suspected of committing a crime are A: A penalty is cruel and inhuman if it involves
charged, they are singled out and are impleaded tortureorlingeringsuffering.
against their will. The persons thus charged, by
the bare fact of being haled before the Q:Whenisapenaltydegrading?
prosecutors office and peaceably submitting
themselvestodrugtesting,ifthatbethecase,do A:Apenaltyisdegradingifitexposesapersonto
not necessarily consent to the procedure, let publichumiliation.
alone waive their right to privacy. To impose
mandatory drug testing on the accused is a Q:Whatarethestandardsusedtodetermineif
blatant attempt to harness a medical test as a thepenaltyiscruelandinhuman?
tool for criminal prosecution, contrary to the
statedobjectivesofR.A.9165.Drugtestinginthis A:
case would violate a persons right to privacy 1. Thepunishmentmustnotbesosevere
guaranteed under Sec. 2, Art. III of the as to be degrading to the dignity of
Constitution.Worsestill,theaccusedpersonsare humanbeings
veritablyforcedtoincriminatethemselves.(SJSv. 2. Itmustnotbeappliedarbitrarily
DDB,G.R.No.157870,Nov.3,2008) 3. It must not be unacceptable to
contemporarysociety
4. It must not be excessive, and it must
t.RIGHTAGAINSTINVOLUNTARYSERVITUDE serveapenalpurposemoreeffectively
thanalessseverepunishmentwould
Q:Whatisinvoluntaryservitude? 5. Excessive fine, or one which is
disproportionatetotheoffense
A: It is the condition where one is compelled by
force,coercion,orimprisonment,andagainsthis Note: Mere severity does not constitute cruel or
will, to labor for another, whether he is paid or inhuman punishment. To violate constitutional
not. guarantee, penalty must be flagrant and plainly
oppressive, disproportionate to the nature of the
GR:Noinvoluntaryservitudeshallexist. offenseastoshockthesensesofthecommunity.

XPNs:
1. Punishment for a crime for which the v.NONIMPRISONMENTFORDEBT
partyhasbeendulyconvicted
2. Personal military or civil service in the Q:Whatisthecoverageofthissection?
interestofnationaldefense
3. In naval enlistment, a person who A:
enlists in a merchant ship may be 1. Debt any civil obligation arising from
compelledtoremaininserviceuntilthe contract
endofavoyage 2. Polltaxaspecificsumlevieduponany
4. Posse comitatus or the conscription of person belonging to a certain class
ablebodied men for the apprehension without regard to property or
ofcriminals occupation(e.g.Communitytax)
5. Return to work order issued by the
DOLESecretaryorthePresident Note: A tax is not a debt since it is an obligation
6. Minors under patria potestas are arising from law. Hence, its nonpayment maybe
validlypunishedwithimprisonment.Onlypolltaxis
obligedtoobeytheirparents
coveredbytheconstitutionalprovision.


If an accused fails to pay the fines imposed upon
u.PROHIBITEDPUNISHMENTANDPOLITICAL him, this may result in his subsidiary imprisonment
PRISONERS because his liability is ex delicto and not ex

contractu.

110
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
BILL OF RIGHTS

accused.(Sec7,Rule117,RulesofCourt;
Q: If the debtor contracted the debt through Peoplev.Obsania,G.R.No.L24447,June
fraud,mayhebeimprisoned? 29,1968)

A:Generally,adebtorcannotbeimprisonedfor Q: When is the defense of double jeopardy not
failuretopayhisdebt.However,ifhecontracted available?
hisdebtthroughfraud,hecanbevalidlypunished
inacriminalactionashisresponsibilityarisesnot A:
fromthecontractofloanbutfromcommissionof GR:Doublejeopardyisnotavailablewhenthe
a crime. (Lozano v. Martinez, G.R. No. L63419, caseisdismissedotherthanonthemeritsor
Dec.18,1986) other than by acquittal or conviction upon
motionoftheaccusedpersonally,orthrough
counsel, since such dismissal is regarded as
w.DOUBLEJEOPARDY with express consent of the accused, who is
thereforedeemedtohavewaivedtherightto

Q:WhatisDoubleJeopardy? pleadoublejeopardy.

A: When a person was charged with an offense XPNs:
and the case was terminated by acquittal or 1. Dismissal based on insufficiency of
conviction or in any other manner without his evidence
consent, he cannot again be charged with the 2. Dismissalbecauseofdenialofaccuseds
same or identical offense. (Melo v. People, G.R. righttospeedytrial
No.L3580,Mar.22,1950) 3. Accused is discharged to be a State
witness
Q:Whatarethetwotypesofdoublejeopardy?
Q:WhatistheDoctrineofSuperveningEvent?
A:
1. Nopersonshallbetwiceputinjeopardy A:Itallowstheprosecutionofanotheroffenseif
ofpunishmentforthesameoffense subsequent development changes the character
2. If an act is punished by a law and an of the first indictment under which he may have
ordinance,convictionoracquittalunder alreadybeenchargedorconvicted.
either shall constitute a bar to another
prosecutionforthesameact Q:Willtheconvictionofanaccusedbaranother
prosecution for an offense which necessarily
Q:Whenwilldoublejeopardyattach? includestheoffenseoriginallycharged?

A: A: No. Conviction will not bar prosecution for
1. The first jeopardy must have attached another offense if the graver offense developed
priortothesecond due to supervening facts arising from the same
2. The first jeopardy must have been act or omission, facts constituting the graver
validlyterminated offensearoseordiscoveredonlyafterthefilingof
3. The second jeopardy must be for the theformercomplaintorinformation,andpleaof
commissionofthesameoffenseorthe guilty to a lesser offense was made without the
second offense must include or is consentofprosecutororoffendedparty.(People
necessarily included in the first v. Judge Villarama, G.R. No. 99287, June 23,
information,orisanattempttocommit 1992).
thesameorafrustrationthereof
Q: X was charged with a criminal case in the
Q:Whataretherequisitesofdoublejeopardy? court. He was arraigned and he pleaded not
guilty. Later the prosecution moved to dismiss
A: thecase.ThecounselfortheaccusedwroteNo
1. Courtofcompetentjurisdiction Objection at the bottom of the prosecutors
2. A Complaint or Information sufficient in motion. The court granted the motion and
form and substance to sustain a dismissedthecaseagainstX.Ayearafter,Xwas
conviction later charged for the same case. May X invoke
3. Arraignmentandpleabytheaccused; therightagainstdoublejeopardy?
4. Conviction, acquittal, or dismissal of the
case without the express consent of the

111
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ
UST GOLDEN NOTES 2011


A: No. The act of the Xs counsel in writing No penalty or deprivation of a right for
Objectionconstitutedanexpressconsenttothe somethingwhichwhendonewaslawful
terminationwithinthemeaningofSec.9ofRule 6. Deprivesapersonaccusedofacrimeof
117 Rules of Court. He could not thereafter somelawfulprotectiontowhichhehas
revoke that conformity since the court had becomeentitled,suchastheprotection
already acted upon it by dismissing the case. X ofaformerconvictionoracquittal,ora
was bound by his counsels consent to the proclamationofamnesty
dismissal.(Peoplev.Pilpa,G.R.No.L30250,Sept.
22,1977) Q:Whatisabillofattainder?

Q: Two policemen were charged before the A: A bill of attainder is a legislative act that
Sandiganbayan for the death of two men. inflictspunishmentwithouttrial,itsessencebeing
However, the prosecution was ordered to the substitution of legislative fiat for a judicial
amend the information and the accused were determinationofguilt.(Peoplevs.Ferrer)
arraigned anew and consequestly convicted.
Weretheyplacedindoublejeopardy? Note: It is only when a statute applies either to a
named individuals or easily ascertainable members
A: No. The first requirement for jeopardy to ofagroupinsuchawayastoinflictpunishmenton
attach that the Informations were valid has themwithoutajudicialtrialthatitbecomesabillof
not been complied with. (Herrera v. attainder.
Sandiganbayan, G.R. Nos. 11966061, Feb. 13,
2009) Q:Whatarethetwokindsofbillofattainder?

Q: If the first case was dismissed due to A:
insufficiency of evidence without giving the 1. Bill of attainder proper (legislative
prosecution the opportunity to present its impositionofthedeathpenalty)
evidence,hasjeopardyattached?
2. Billofpainsandpenalties(impositionof
A:Thefirstjeopardyhasnotyetattached.There alesserpenalty).
is no question that four of the five elements of
legal jeopardy are present. However, the last Q: X was charged with illegal possession of
elementvalidconviction,acquittal,dismissalor firearms. When X committed the offense, the
termination of the case is wanting since the governing lawwas PD 1866, which provided for
right to due process was violated. (People v. the penalty of reclusion temporal to reclusion
Dumlao,G.R.No.168918,Mar.2,2009) perpetua.However,whilethecasewaspending,
PD 1866 was amended by RA 8294, which
reduced the penalty to prision correccional but
x.EXPOSTFACTOLAWAND increasing the amount of fine. If X is convicted,
BILLOFATTAINDER whichpenaltyshallbeimposed?

Q:Whatarethekindsofexpostfactolaw? A: R.A. 8294 is the applicable law. As a general
rule, penal laws should not have retroactive
A:Itcanbealawthat: application, lest they acquire the character of an
1. Makesanact,whichwasinnocentwhen ex post facto law. An exception to this rule,
done,criminalandpunishessuchaction however,iswhenthelawisadvantageoustothe
2. Aggravates a crime or makes it greater accused. Although an additional fine of
thanwhenitwascommitted P15,000.00 is imposed by R.A. 8294, the same is
3. Changes the punishment and inflicts a still advantageous to the accused, considering
greater punishment than the law that the imprisonment is lowered to prision
annexed to the crime when it was correccionalinitsmaximumperiodfromreclusion
committed temporal in its maximum period to reclusion
4. Alters the legal rules of evidence and perpetuaunderP.D.1866.
receiveslessordifferenttestimonythan
the law required at the time of the Hence, R.A. 8294 should be applied, without
commission of the offense in order to prejudicetotheapplicationoftheIndeterminate
convictthedefendant Sentence Law. (Valeroso v. People, G.R. No.
5. Assumes to regulate civil rights and 164815,Feb.22,2008)
remedies only. In effect imposes

112
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
CITIZENSHIP

H.CITIZENSHIP citizenship upon reaching the age of


majority;
Q:Whatiscitizenship?
Note: Time to elect: within 3 years from
A: It is membership in a political community reachingtheageofmajority.
whichispersonalandmoreorlesspermanentin
character. 4. Those naturalized in accordance with
law.(Sec.1,Art.IV,1987Constitution)
Q:Whatarethemodesofacquiringcitizenship?
Q:WhatistheCaramRule?
A:
1. Bybirth A:Underthe1935Constitution,thoseborninthe
1. Jus sanguinis acquisition of Philippines of foreign parent, who before the
citizenship on the basis of blood adoptionoftheConstitutionhadbeenelectedto
relationship. public office, are considered Filipino citizens.
2. Jus soli acquisition of citizenship (Chiongbian v. de Leon, G.R. No. L2007, Jan. 31,
onthebasisoftheplaceofbirth. 1949)

2. By naturalization the legal act of The 1935, Constitution, during which regime FPJ
adoptinganalienandclothinghimwith had seen first light, confers citizenship to all
theprivilegeofanativeborncitizen. persons whose fathers are Filipino citizens
regardless of whether such children are
3. Bymarriage legitimate or illegitimate. (Tecson v. COMELEC,
G.R.No.161434,Mar.3,2004)
Note:Jussanguinisandnaturalizationarethemodes
followedinthePhilippines. Q:Whoarenaturalborncitizens?

Q:Cantherebejudicialdeclarationthataperson A:
isaFilipinocitizen?Why? 1. Citizens of the Philippines from birth
without having to perform any act to
A: No. He has to apply for naturalization and acquire or perfect their Philippine
adduce evidence of his qualifications. (Yung Uan citizenship
Chuv.Republic,G.R.No.L34973,Apr.14,1988)
2. Those born before January 17, 1973 of
Q:WhoarecitizensofthePhilippines? Filipino mothers, who elect Philippine
citizenship upon reaching the age of
A: majority
1. Those who are Filipino citizens at the
time of the adoption of the 1987 Q: What is the rule regarding marriage of a
Constitution: Filipinowithanalien?
a. Those who are citizens under the
TreatyofParis; A:
b. Those declared citizens by judicial GR:TheFilipinoretainsPhilippinecitizenship.
declaration applying the jus soli
principle, before Tio Tam v. XPN: If, by their act or omission they are
Republic,25Apr.1957,G.R.No.L deemed,underthelaw,tohaverenouncedit.
9602. (Sec.4,Art.IV,1987Constitution)
c. Those who are naturalized in
accordancewithlaw.(Act2927) Q:Statethequalificationsfornaturalization.
d. Those who are citizens under the
1935Constitution. A:
e. Those who are citizens under the 1. Not less than 18 years of age on the
1973Constitution. date of hearing the petition (as
amendedbyR.A.6809);
2. Those whose fathers or mothers are
Filipinocitizens 2. Resided in the Philippines for not less
than 10 years; may be reduced to 5
3. ThosebornbeforeJanuary17,1973,of years,if;
Filipino mothers, who elect Philippine

113
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a. Honorably held office in the 6. Persons who, during residence in the
Philippines Philippines, have not mingled socially
b. Established new industry or withFilipinos,ordidnotevincesincere
introducedausefulinvention desire to learn and embrace customs,
c. MarriedtoaFilipinowoman traditionsandidealsofFilipinos
d. Engaged as teacher in Philippine 7. Citizens or subjects of nations with
public or private school not whom the Philippines is at war, during
established for exclusive theperiodofsuchwar
instruction of a particular 8. Citizensorsubjectsofaforeigncountry
nationality or race, or in any whose laws do not grant Filipinos the
branches of education or industry right to become naturalized citizens or
for a period of not less than 2 subjectsthereof(noreciprocity)
years;and
e. BorninthePhilippines Q: Differentiate a Direct naturalization from a
Derivativenaturalization.
3. Character
1. Goodmoralcharacter A:Directnaturalizationiseffected:
2. BelievesintheConstitution 1. By individual proceedings, usually
3. Conducted himself in an judicial, under general naturalization
irreproachable conduct during his laws
stayinthePhilippines 2. By specific act of the legislature, often
infavorofdistinguishedforeignerswho
4. Owns real estate in the Philippines not have rendered some notable service to
less than P5,000 in value; or has some thelocalstate
lucrative trade, profession or lawful 3. By collective change of nationality
occupation that can support himself (naturalization en masse) as a result of
andhisfamily cessionorsubjugation
4. In some cases, by adoption of orphan
5. Speaks and writes English or Filipino minors as nationals of the State where
andanyprincipalPhilippinedialects(as theyareborn
amendedbySec.6Art.XIV);and
Derivativenaturalizationisconferred:
6. Enrolledminorchildreninanypublicor 1. Onthewifeofthenaturalizedhusband
private school recognized by the 2. Ontheminorchildrenofthenaturalized
government where Philippine history, parent
government and civics are taught as 3. Onthealienwomanuponmarriagetoa
partofthecurriculum,duringtheentire national
period of residence prior to hearing of 4. The unmarried child whether
petition. legitimate, illegitimate or adopted,
below18yearsofage,ofthosewhore
Q:Whoaredisqualifiedfornaturalization? acquire Philippine citizenship upon
effectivityofR.A.9225shallbedeemed
A: citizensofthePhilippines.
1. Persons opposed to organized
government or affiliated with any Note: Derivative naturalization does not always
association or group of persons which follow as a matter of course, for it is usually made
upholdandteachdoctrinesopposingall subject to stringent restrictions and conditions. Our
organizedgovernments ownlaws,forinstance,providethatanalienwoman
2. Personsdefendingorteachingnecessity marriedtoaFilipinoshallacquirehiscitizenshiponly
or propriety of violence, personal ifsheherselfmightbelawfullynaturalized.
assault or assassination for the success
orpredominanceoftheirideas Q:Whataretheeffectsofnaturalization?
3. Polygamistsorbelieversofpolygamy
4. Persons suffering from mental A:
alienation or incurable contagious ONTHEWIFE
disease Vestscitizenshiponthewifewhomightherselfbe
5. Persons convicted of crime involving lawfullynaturalized;Sheneednotproveher
moralturpitude qualificationsbutonlythatsheisnotdisqualified.

114
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
CITIZENSHIP

(MoyYaLimYaov.Comm.ofImmigration,G.R.No.
L21289,Oct.4,1971.) Note:Themereapplicationorpossession
of an alien certificate ofregistrationdoes
ONTHEMINORCHILDREN not amount to renunciation (Mercado v.
Manzano, G.R. No. 135083, May 26,
BorninthePhilippines
1999).
Automaticallybecomesacitizen

BornAbroad
3. Subscribing to an oath of allegiance to
Beforethenaturalizationofthefather
the constitution or laws of a foreign
IfresidinginthePhil.At Automatically countryuponattaining21yearsofage;
thetimeofnaturalization becomesacitizen. or
GR:Consideredcitizen
onlyduringminority Note: Citizens may not divest citizenship
IfnotresidinginthePhil.
whenthePhilippinesisatwar.
Atthetimeof
XPN:Hebeginsto
naturalization
residepermanentlyin 4. Rendering service to or accepting
thePhil. commission in the armed forces of a
Afterparentsnaturalization foreigncountry;or
ConsideredFilipino,
providedregisteredassuchbeforeanyPhil. Note: It shall not divest a Filipino of his
consulatewithin1yearafterattainingmajorityage citizenship if: (a) the Philippines has a
andtakesoathofallegiance. defensiveand/oroffensivepactofalliance
withthesaidforeigncountry;(b)thesaid
Q:Whatarethegroundsfordenaturalization? foreigncountrymaintainsarmedforcesin
the Philippine territory with its consent
A: providedthatatthetimeofrenderingsaid
1. Naturalization certificate obtained service,oracceptanceofsaidcommission,
fraudulentlyorillegally andtakingtheoathofallegianceincident
2. If, within 5 years, he returns to his thereto, states that he does so only in
native country or to some foreign connectionwithitsservicetosaidforeign
country.
country and establishes residence

therein
5. Cancellation of certificate of
3. Naturalization obtained through invalid
naturalization;or
declarationofintention

4. Minor children failed to graduate
6. Havingbeendeclaredbyfinaljudgment
through the fault of parents either by
a deserter of the armed forces of the
neglecting support or by transferring
Philippinesintimesofwar.
themtoanotherschool

5. Allowing himself to be used as a
7. Incaseofawoman,uponhermarriage,
dummy.
toaforeignerif,byvirtueofthelawsin

force in her husbands country, she


Q:Whataretheeffectsofdenaturalization?
acquireshisnationality.


A:
Q:Howiscitizenshiprenounced?
1. If ground affects intrinsic validity of

proceedings, denaturalization shall
A: Expressly. (Mercado v. Manzano, G.R. No.
divest wife and children of their
135083,May26,1999)
derivativenaturalization

2. If the ground is personal, the wife and
Q:Doesresjudicatasetincitizenshipcases?
childrenshallretaincitizenship.

A:
Q: What are the grounds for loss of Philippine
GR:No.
citizenship?

XPN:
A:
1.Personscitizenshipisresolvedbyacourt
1. Naturalizationinaforeigncountry;or
or an administrative body as a material

issueinthecontroversy,afterafullblown
2. Express renunciation of citizenship
hearing
(expatriation);or

115
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V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
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UST GOLDEN NOTES 2011


2. With the active participation of the 1. NaturalborncitizensofthePhilippines
Solicitor General or his representative; who have lost their naturalization as
and citizens of a foreign country are
deemedtohavereacquiredPhilippine
3.Findingofhiscitizenshipisaffirmedbythe citizenship;and
SupremeCourt.(Burcav.RepublicG.R.No.
L24252,Jan.30,1967) 2. NaturalborncitizensofthePhilippines
who, after the effectivity of said RA,
Q:Whatarethewaystoreacquirecitizenship? become citizens of a foreign country
shallretaintheirPhilippinecitizenship.
A:By:
1. Naturalization Q: Distinguish dual citizenship from dual
2. Repatriation allegiance.
3. DirectactofCongress
A:
Q:Distinguishnaturalizationfromrepatriation. DualCitizenship DualAllegiance
Ariseswhen,asaresultof Referstothesituation
Naturalization Repatriation concurrentapplicationof whereaperson
Nature thedifferentlawsoftwo simultaneouslyowes,
Amodeofacquisition ormoreStates,apersonis bysomepositiveact,
Modeofreacquisitionof simultaneouslyconsidered loyaltytotwoormore
andreacquisitionof
PhilippineCitizenship acitizenofsaidstates. States.
Philippinecitizenship
Resultofan
Astoprocess
individualsvolition
Verycumbersomeand Involuntary
Simplerprocess andisprohibitedby
tedious theConstitution.

Q:Howisrepatriationeffected? Q: What is the effect of reacquisition of
citizenshiponcivilandpoliticalrights?
A: Repatriation shall be effected by taking the
necessary oath of allegiance to the Republic of A: Those who retain or reacquire Philippine
thePhilippinesandregistrationinthepropercivil citizenshipshallenjoyfullcivilandpoliticalrights
registry and in the Bureau of Immigration. The subjecttothefollowingconditions:
BureauofImmigrationshallthereuponcancelthe
pertinentaliencertificateofregistrationandissue 1. Right to vote: must meet the
the certificate of identification as Filipino citizen requirements of Section 1, Article V of
totherepatriatedcitizen. the Constitution, and of Republic Act
No. 9189 (The Overseas Absentee
Q:Whatistheeffectofrepatriation? Voting Act of 2003) and other existing
laws;
A: Repatriation results in the recovery of the
originalnationality.Thismeansthatanaturalized 2. ElectivePublicOffice:
Filipinowholosthiscitizenshipwillberestoredto i. Possess qualification for holding
hispriorstatusasanaturalizedFilipinocitizen.On such public office as required by
theotherhand,ifhewasoriginallyanaturalborn theConstitutionandexistinglaws
citizenbeforehelosthisPhilippinecitizenship,he
willberestoredtohisformerstatusasanatural ii. Make a personal and sworn
bornFilipino.(Bengzonv.HRETandCruz,G.R.No. renunciationofanyandallforeign
142840,May7,2001) citizenship before any public
officerauthorizedtoadministeran
Q: What is an example of reacquisition of oath,atthetimeofthefilingofthe
citizenshipbythedirectactofcongress? certificateofcandidacy.

A: R.A. 9225 also known as the Citizenship iii. AppointivePublicOfficesubscribe
Retention and Reacquisition Act of 2003, andsweartoanoathofallegiance
approvedonAugust29,2003providesthat,upon to the Republic of the Philippines
takingtheoathofallegiancetotheRepublic: anditsdulyconstitutedauthorities
prior to their assumption of

116
POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
CITIZENSHIP

office:Provided, That they Philippines, but also to explicitly renounce their


renounce their oath of allegiance foreigncitizenshipiftheywishtorunforelective
to the country where they took postsinthePhilippines.Toqualifyasacandidate
thatoath; in Philippine elections, Filipinos must only have
onecitizenship,namely,Philippinecitizenship.
Note: That right to vote or be elected or
appointed to any public office in the TheoathofallegiancecontainedintheCertificate
Philippines cannot be exercised by, or of Candidacy, does not constitute the personal
extendedto,thosewho: andswornrenunciationsoughtunderSection5(2)
a. are candidates for or are ofR.A.No.9225.Itbearstoemphasizethatthe
occupying any public office in the said oath of allegiance is a general requirement
country of which they are for all those who wish to run as candidates in
naturalizedcitizens;and/or
Philippine elections; while the renunciation of
b. are in active service as
foreign citizenship is an additional requisite only
commissioned or non
commissioned officers in the
for those who have retained or reacquired
armedforcesofthecountrywhich Philippine citizenship under R.A. No. 9225 and
they are naturalized citizens.(R.A. who seek elective public posts, considering their
9225) special circumstance of having more than one
citizenship.(Jacotv.Dal,G.R.No.179848,Nov.27,
iv. Practiceofprofession:applywiththe 2008)
proper authority for a license or
permit to engage in such practice Q:Aisanaturalizedcitizenofanothercountry
(R.A.9225). whoreacquiresFilipinocitizenship.Ontheother
hand, B possesses dual citizenship by birth. If
Q: Are persons possessing dual citizenship by theydesiretorunforelectivepublicoffice,what
virtue of birth barred from running for public requirement must they comply as regards their
office? citizenship?

A:No,thefactthatapersonhasdualcitizenship A: A must comply with the requirements set in
does not disqualify him from running for public R.A 9225. Sec 5(3) of R.A. 9225 states that
office. (Cordora v. COMELEC, G.R. No. 176947, naturalized citizens who reacquire Filipino
Feb.19,2009) citizenshipanddesiretorunforpublicofficeshall
make a personal and sworn renunciation of
Q: A, a naturalized US citizen, sought to any and all foreign citizenship before any public
reacquire his Philippine citizenship. He took his officer authorized to administer an oath aside
oath of allegiance to the Republic of the fromtheoathofallegianceprescribedinSection
Philippines before the Vice Consul. He then ran 3ofR.A.9225.
and won as Vice Mayor of a municipality. The
COMELEC, however, disqualified him on the Bneednotcomplywiththetwinrequirementsof
ground that he failed to renounce his US swearing an oath of allegiance and executing a
citizenship. renunciationofforeigncitizenshipbecauseheisa
naturalborn Filipino who did not subsequently
Is A disqualified from running as a candidate in become a naturalized citizen of another country.
the local elections for his failure to make a Itissufficed,ifuponthefilingofhiscertificateof
personal and sworn renunciation of his US candidacy, he elects Philippine citizenship to
citizenship? terminate his status as person with dual
citizenship considering that his condition in the
A:Yes. Section5(2)ofR.A.9225(onthemaking unavoidable consequence of conflicting laws of
ofapersonalandswornrenunciationofanyand different States. (Cordora v. COMELEC, G.R. No.
all foreign citizenship) requires the Filipinos 176947,Feb.19,2009)
availingthemselvesofthebenefitsunderthesaid
Acttoaccomplishanundertakingotherthanthat
whichtheyhavepresumablycompliedwithunder
Section 3 thereof (oath of allegiance to the
RepublicofthePhilippines).Thereislittledoubt,
therefore, that the intent of the legislators was
notonlyforFilipinosreacquiringorretainingtheir
Philippine citizenship under R.A. 9225 to take
their oath of allegiance to the Republic of the

117
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ

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