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Suarez Political Law Reviewer Notes
Suarez Political Law Reviewer Notes
development.
PART 1- CONSTITUTIONAL LAW
Rigid- Is one which can be amended through a formal and
I. GENERAL PRINCIPLES difficult process.
Political Law - Is that branch of public law which deals with Flexible Constitution- Is one which can be changed by
the organization and operation of the governmental organs of ordinary legislation.
the state and defines the relations of the state with the
inhabitants of its territory. (People v Perfecto) Qualities of a good written constitution
Constitutional Law – The study of the maintenance of the 1. Broad – Its provisions have considered the experiences of
proper balance between authority as represented by the the past, it serves to consider the realities of the
three inherent powers of the state and liberty as guaranteed contemporary times, and it looks into the future.
by the Bill of Rights. (Cruz, Political Law)
2. Brief- Because it is not intended to go into details of
It is that department of the science of law which treats of the organization, the details are left to congress which will be in a
nature of constitutions, their establishment, construction, better position to find out what specific legislation is needed
and interpretation, and of the validity of legal enactments as from time to time.
tested by the criterion of conformity to the fundamental law.
(Black’s Law Dictionary) 3. Definite- Because vagueness may cause incalculable harm,
or it may lead to opposing interpretations which may bring
Constitution – Body of rules and maxims in accordance with about chaos and violence, instead of peacr.
which the powers of sovereignty are habitually exercised.
3 Essential Parts of a Written Constitution
Constitution of the Republic of the Philippines- It is a written
instrument enacted by the direct action of the people by 1. Constitution of Liberty- Contains the fundamental civil and
which the fundamental powers of the government are political rights of the citizens as well as the limitations on the
established, limited, and defined, and by which those powers powers of the government to secure the enjoyment of the
are distributed among the several departments for their safe rights of the citizens
and useful exercise and for the benefit of the body politic.
2. Constitution of Government- it contains provisions that
Classifications of Constitutions enumerate the powers of the government and outline its
1. Written organization.
2. Unwritten
3. Conventional 3. Constitution of Sovereignty- It contains the provisions on
4. Cumulative how changes in the constitution may be made.
5. Rigid
6. Flexible Revision – It is the rewriting or overhauling of the entire
instrument
Written Constitution- Is one the provisions of which have
been reduced to writing and embodied in one or more Amendment- It is a change or alteration for the better, a
instruments at a particular time. change within the lines of the original instrument which will
bring about improvement.
Unwritten Constitution- One which has not been reduced to
writing at any specific time but it is the collective product of a Revision-broadly implies a change that alters a basic principle
gradual political development, consisting of unwritten usages in the constitution or where the change alters the substantial
and customary rules, judicial decisions, dicta of statesmen, entirety of the constitution as when the change affects the
and legislative enactments of a fundamental character substantive provisions of the constitution.
written but scattered in various records without having any -Generally affects several provisions of the constitution.
compact form of writing. -Revision through; Vote of ¾ of all members of congress,
constitutional convention.
Conventional Constitution- Enacted deliberately and
consciously by a constituent body or ruler at a certain time Amendment -Broadly refers to a change that adds, reduces,
and place. or deletes without altering the basic principle involved.
-Generally affects only the specific provision being amended.
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-Amendment effected through; Vote of ¾ of all members of 2. Initiative on statutes- One referring to enact a national
congress, constitutional convention, by people’s initative. legislation.
3. Initiative on local legislation- Refers to a petition
2 tests to determine whether the proposed change is a proposing to enact a regional, provincial, city, municipal or
revision of amendment barangay law, resolution, or ordinance.
1. Quantitative Test- This test asks whether the proposed Contents of the petition on initiative
change is so extensive in its provisions as to change directly
the substantial entirety of the constitution by the deletion or 1. Contents or texts of the proposed law sought to be
alteration of numerous existing provisions. Through this test, enacted, approved, or rejected, amended, or replaced.
the court examines only the number of provisions affected
and does not consider the degree of the change. 2. The proposition
2. Qualitative Test- This test inquires into the qualitative 3. The reason or reasons thereof.
effects of the proposed change in the constitution. Whether
the change will accomplish such far reaching changes in the 4. That it is not one of the exceptions provided therein.
nature of our basic government plan as to amount to a
revision. Qualitatively, the proposed changes alter 5. Signatures of the petitioners or registered voters.
substantially the basic plan of the government.
6. An abstract or summary proposition not more than 100
Revision through Constitutional Convention words which shall be legibly written or printed at the top of
a. Congress may call a constitutional convention by a vote of every page of the petition.
2/3 of all its members
b. Submit to the electorate the question or calling such body When should the amendment to or revision of the
by a majority vote of all its members. constitution be submitted to the people in a plebiscite?
People’s initiative- It is the power of the people to propose 1. Not earlier than 60 day nor later than 90 days after the
amendments to the constitution, or to propose or enact approval of such amendment or revision.
legislations through an election called for the purpose. Does
not extend to revisions. 2. Any amendment to the constitution undertaken by virtue
of the people’s right on initiative shall be submitted also
Log-rolling- There is log-rolling when the initiative petition within the same period after the ertification by the comelec
incorporates a correlated subject matter in the same petition. of the sufficiency of the petition.
The effect of this is to nullify the entire proposition and not
only the correlated subject matter. The same puts the people Power to amend or revise- Is not included in the general
in a dilemma since they can answer only either yes or no to grant of legislative powers to congress. It is part of the
the entire proportion, forcing them to sign a petition that inherent powers of the people as repository of sovereignty in
effectively contains two proportions, one of which they may a republican state.
find acceptable.
Javellana v Executive Secretary- The procedural
Elements of a valid petition for people’s initiative to amend requirements for amendment or revision of the constitution
the constitution (Lambino v Comelec) are not complied with, and yet, it is considered validly
1. Written petition ratified.
2. The petition must have 12% of the total number of
registered voters as signatories Social Contract Doctrine- The meaning of a constitution is as
3. Of the 12% total registered voters, at least every legislative a law for rulers and people, equally in war and in peace, and
district must be represented by 3% of the registered voters covers with the shield of its protection all classes of men at all
therein. times, and under all circumstances. (Marcos v Manglapus)
4. The draft of the proposed amendment must be embodied
in the petition. Constitution v Statute
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5. Can only be abrogated, repealed, or modified by the power word is sometimes used to indicate the king and composition
which created it, namely, the people. of the controlling group. The ordinary citizens of a community
are part of the state, but are not part of the government.
Statute
1. Secondary, being a command of the sovereign having Elements of a State
reference to the exigencies of time and place resulting from 1. People
the ordinary working of a machine. 2. Territory
2. Provides the details of which it treats. 3. Government
3. Legislation from the people’s representatives subject to the 4. Sovereignty
limitations prescribed by the superior authority.
4. Intended merely to meet existing conditions. People- Refers to the entire body of those citizens of a state
5. May be repealed or changed by the legislature. or nation who are invested with political power for political
purposes.
Kinds of Construction of a Constitution
1. Executive Construction- Construction and interpretation of No specific number is required, nor there is a legal
laws or statutes by the various executive heads of the various requirement as to the number of people who should occupy a
departments of the government. state before one could be considered a state. However, they
must be numerous enough to be self-sufficient and to defend
2. Contemporaneous Construction by executive officers- themselves and small enough to be easily administered.
Construction placed by executive officers on a statute, whose
duty is to enforce said statute. Territory- Is a fixed area or surface of the earth where the
inhabitants of a state live and where they maintain a
3. Prospective Construction- Is a rule that all statutes are to government of their own. A territory has three components,
be construed as having only prospective operation unless the namely:
purpose and intention of the legislature to give them
retrospective effect is expressly declared or is necessarily Terrestrial domain- Area of the land which the state occupies
implied from the language used.
Fluvial or maritime domain-External and internal waters
Purpose of the constitution- To prescribe the permanent
framework of a system of government, to assign to the Aerial domain- The air space above the land and the waters
different departments their respective powers and duties,
and establish certain fixed principles on which the For the sake of practicality, a territory must neither be too big
government is founded. as to be difficult to administer and defend nor too small as to
be unable to provide for the needs of the population.
State- A community of persons, more or less numerous,
permanently occupying a fixed territory, possessing an Government- That institution or aggregate of institutions by
organized government, independent of external control, to which an independent society makes and carries out those
which a great body of inhabitants render habitual obedience. rules of action which are necessary to enable men to live in a
social state, or which are imposed upon the people forming
Nation- A political group having a government and people that society by those who possess the power or authority of
distinct from all others, organized for the purpose of prescribing them.
procuring mutual safety and advantage.
Sovereignty- It is the supreme power in a state by which that
State vs Nation- A state is a legal or political concept, while state is governed, or the supreme, the absolute,
nation is a racial or ethnical concept, mearly akin to people. A uncontrollable power by which any state is governed.
single state may embrace several different nations or
peoples. A single nation may sometimes be divided politically Right to internal self-determination- They freely determine
as to constitute several states. their political rights and freely pursue their economic, social,
and cultural development. This means that the pursuit of the
Government vs State- The state is an ideal person, intangible, people of its political, economic, social, and cultural
indivisible, and immutable. The government is an agent and development should be within the framework of an existing
within the sphere of the agency, a perfect representative, but state.
outside of that it is lawless usurpation. The term government
is narrower than the term state. It refers to the person or Right to external self-determination- The establishment of a
group of persons in whose hands the organization of the state sovereign and independent state, the free association or
places for the time being the function of political control. The integration with an independent state or the emergence into
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any other political status freely determined by the people, 3. Blending of powers- Is actually a sharing of powers of the
arises in only the most extreme cases and even then, under different departments of government whereby one
carefully defined circumstances, such as when a people is department helps and coordinated with the other in the
under colonial rule, and being such, it is subject to foreign exercise of a particular power, function, or responsibility. It is
domination or exploitation, and hindered to engage in a in this process of sharing and collaborating with each other
meaningful exercise of its right to internal self-organization. that one department not only helps but also checks the other
De Jure government- Is an organized government of a state if for any valid reason it is deemed necessary for the public
which has the general support of its people. good.
Philippine Government/ Government of the republic of the
De facto government- Is characterized by the fact that it is Philippines- Include municipal governments, chartered cities,
not founded upon the existing constitutional law of the state. and other government controlled corporations or agencies.
1. That government which gets possession and control of, or 1. Constituent functions- Those which constitute the very
usurps, by force or by the voice of the majority, the rightful bond of society, and are, therefore, compulsory and not
legal government and maintains itself against the will of the optional such as:
latter.
a. The keeping of order and providing for the protection of
2. That which is established and maintained by military forces persons and property from violence and robbery
who invade and occupy a territory of the enemy in the course b. The fixing of the legal relations between man and wife and
of war, and which is denominated as a government of between parents and children
paramount force. c. The regulation of the holding, transmission, and
interchange of property, and the determination of its
3. That established as an independent government by the liabilities for debt or for action.
inhabitants of a country who rise in insurrection against the d. The determination of contract rights between individuals
parent state. e. The definition and punishment of crimes
f. The administration of justice in civil cases
De facto government of paramount force g. The administration of political duties, privileges and
1. Its existence is maintained by active military power within relations of citizens
the territories, and against the rightful authority of an
established and lawful government. 2. Ministrant Functions-Those undertaken only by way of
2. That while it exists it must necessarily be obeyed in civil advancing the general interests of society, and are, therefore
matters by private citizens who, by acts of obedience optional such as
rendered in submission to such force, do not become
responsible as wrongdoers, for those acts, though not a. Public works
warranted by the laws of the rightful government. b. Public education
c. Public Charity
Government under Corazon Aquino d. Health and safety regulations
1. Revolutionary government- people power e. Regulation of trade and industry
2. De facto government- because there was no constitutional
basis for its creation, the same not being sanctioned either Doctrine of Parens Patriae- It is a doctrine which refers to the
under the 1035 or 1973 constitution. inherent power or authority of the state to provide
3. acquired a de jure status when it obtained the continuous protection of the person non sui juris. Under this doctrine,
public acceptance and support of the people and the the state has the sovereign power of guardianship over
recognition of practically all foreign governments. persons under disability.
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2. Political Sovereignty- That power behind the legal 6. Unity- It is the principle that sovereignty cannot be divided
sovereign which is legally unknown, unorganized and without producing several wills, which is inconsistent with the
incapable of expressing the will of the state in the form of notion of sovereignty
legal command, yet without power to whose mandates the
legal sovereign will in practice bow and whose will must Effects on political and municipal laws and judicial decisions
ultimately prevail in the state. In a narrower sense, the in case of invasion of a superior military force
electorate constitute the political sovereign, and in a broader
sense, the whole mass of population. 1. Political laws- cease to have effect except insofar as they
are continued by the express consent of the new sovereign
3. Internal Sovereignty- Implies the power of the state to 2. Municipal laws- Those which are not in conflict with the
make and alter its system of government, and to regulate its laws of the new sovereign may continue in force with the
private affairs, as well as the rights and relations of its express consent of the new sovereign.
citizens, without any dictation, interference, or control on the
part of any person or body or state outside the particular 3. Judicial decisions- Are valid during the occupation and
political community. even beyond except those of a political complexion which are
automatically annulled as soon as the legitimate authority is
4. External Sovereignty- That the state spoken of is not restored.
subject to the control, dictation, or government of any power.
It necessarily implies the right and power to receive Effect of belligerent occupation- There is no change in
recognition as an independent power from other powers, and sovereignty. Political laws, except the law on treason are
to make treaties with them on equal terms, make war or suspended, municipal laws remain in force, unless repealed
peace with them, send diplomatic agents to them, acquire by the belligerent occupant. At the end of the belligerent
territory by conquest or occupation, and otherwise to occupation, when the occupant is ousted from the territory,
manifest its freedom and autonomy. the political laws which had been suspended during the
occupation shall automatically become effective again, under
Essential characteristics of sovereignty the doctrine of jus postliminium.
1. Permanence- The sovereignty of the state continues Dominium- refers to the capacity to own or acquire property,
without interruption so long as the state itself exists. It does including lands held by the state in its proprietary capacity
not cease with the death or temporary dispossession of a
particular bearer or the reorganization of the state, but shifts Imperium- Is the authority possessed by the state embraced
immediately to a new bearer, as the center of gravity shifts in the concept of sovereignty.
from one part of a body to another when it undergoes
external change. Power and Jurisdiction of the State
2. Exclusivity- It is the quality by virtue of which there can be 1. Territorial power and jurisdiction- The state has power
but one supreme power in the state, legally entitled to the and jurisdiction over persons and things within its territory.
obedience of the inhabitants. To hold otherwise would be to Those who are exempt from this power and jurisdiction are
deny the principle of unity of state and to admit the the following:
possibility of an imperium in imperio.
a. Foreign states, heads of state, diplomatic representatives,
3. Comprehensiveness- It is the universality of sovereignty and consuls to a certain power
within the territorial limits of the state, that is sovereign b. Foreign state property, including embassies, consulates,
power extends over all persons, association and things within and public vessels engaged in non-commercial activities.
such territorial limits except those over which the state has c. Acts of state
voluntarily consented to waive the exercise of its jurisdiction. d. Foreign merchant vessels exercising the right of innocent
passage or involuntary entry such as arrival under stress.
4. Inalienability- It is an attribute of the state by virtue of e. Foreign armies passing through or stationed in its territory
which it cedes away any of its essential elements without self with its permission.
destruction. f. Such other persons or property, including organizations like
the United nations, over which it may, by agreement, waive
5. Imprescriptibility- It is the principle exclusively of private jurisdiction.
law which can never run against the rights of the people and
could in no case be invoked in support of an argument that 2. Personal Jurisdiction- The state has power of jurisdiction
the people had lost their sovereignty through the operation over its nationals, which may be exercised by the state eben if
of such principle. the individual is outside its territory.
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3. Extraterritorial Jurisdiction- The state has power and Sovereignty v Independence
jurisdiction beyond or outside its territory Sovereignty is the supreme power of the state by which the
state is governed. It has two aspects; Internal and external
a. When it asserts personal jurisdiction over its nationals sovereignty. In its internal aspect, sovereignty is the power
abroad or the exercise of the rights to punish certain offenses inherent in the people or vested in its ruler by the
committed outside its territory against is national interests constitution to govern the state. Sovereignty does not, in any
even if the offenders are non-resident aliens. degree, depend upon its recognition by other states. In its
external aspect, sovereignty consists in the independence of
b. When the local state waives its jurisdiction over persons one political society in respect to other political societies. The
and things within its territory, such as when a foreign army external sovereignty of any state requires the recognition by
stationed therein remains under the jurisdiction of the other states in order to render it perfect and complete. This
sending state. external manifestation is what is called independence.
Legal sovereignty means the supreme authority to enact laws It is the power of the state to enact such laws or regulations
to issue final commands. in relation to persons and property as may promote public
Political sovereignty means the sovereignty of the electorate, health, public morals, public safety, and the general welfare
or in its general sense, the sovereignty of the whole body and convenience of the people.
politic. The legislature represents the legal sovereign, the
electorate or the whole people, the political sovereign. Power of Eminent Domain
These distinctions, it must be borne in mind, do not imply the Eminent domain is the right of the state to acquire private
recognition of dual sovereignty, for sovereignty is not property for public use upon payment of just compensation.
divisible; rather they are manifestations of one and the same This right can also be exercised by those whom the said
sovereignty. power has been lawfully delegated.
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property of all citizens within the territorial sovereignty, to 3. How power is exercised
public purpose.
Police power and taxation- they are inherently exercisable
The power of eminent domain is inseparable in sovereignty, only by the government.
being essential to the existence of the state and inherent in
government even in its most primitive forms. No laws Eminent domain- it may be exercised by private entities upon
therefore are necessary to confer this right upon sovereignty valid delegation.
or quasi-sovereign power.
4. What is regulated
Power of Taxation
Police power- liberty and property
It is the inherent power of the state to raise revenues to
defray the expenses of the government or for any public Eminent domain and taxation- private rights only.
purpose.
II. 1987 CONSTITUTION OF THE REPUBLIC OF THE
The power to tax may include the power to destroy if it is PHILIPPINES
used validly as an implement of the police power in
discouraging and ultimately prohibiting in effect certain Preamble- It is the formal expression of the ideals and
things or enterprise inimical to the public welfare. sentiment of the Filipino people, and of the purpose and
objectives of the government established under the
Similarities of the three inherent powers of the state constitution. It serves two important ends:
1. They are the three methods by which the state interfere 1. It indicates the source from which the constitution comes,
with private rights. namely in the case of the Philippine Constitution- The
2. They are inherent in the state and they may be exercised sovereign Filipino people.
by the state without the need of express constitutional grant.
3. They are not only necessary but also indispensable and 2. It sets forth the ends that the constitution and the
indestructible as the state itself. government established by it are intended to build a just and
4. They presuppose equivalent compensation. humane society and establish a government that shall
5. They are exercised primarily by the legislature. embody our ideals and aspirations, promote common good,
conserve and develop our patrimony, and secure to ourselves
Distinctions and our posterity the blessings of independence and
democracy under the rule of law and a regime of truth,
1. Nature of compensation justice, freedom, love, equality, and peace, and do ordain and
promulgate this constitution.
Police power-intangible altruistic feeling that he has
contributed to the general welfare. -It is not part of the constitution, but possesses significance. It
is to a Constitution what the enacting clause is to a statute.
Eminent domain and taxation- The compensation is more Strictly speaking, it may not justify the exercise of
concrete governmental power, or may not be relied upon for a claim of
an individual right, but serves an important purpose.
Eminent domain- Full and just compensation of the property
taken. -It is merely an aid in ascertaining the meaning of ambiguous
provisions in the body of the constitution.
Taxation- Corresponding protection and public improvements
for the taxes paid. ARTICLE I- National Territory
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4 points of reference to determine the Philippine territory which also implies the recognition of the associated entity as
1. The Treaty of Paris Dec 10, 1898 a state.
2. Treaty of Washington November 7,1900
3. Treaty between Great Britain and Unites States January 2, In international practice, the associated state arrangement
1930 has usually been used as a transitional device of former
4. Al other territories over which the present Government of colonies on their way to full independence.
the Philippine Islands exercises jurisdiction
Territorial sea or maritime belt- That portion of sea adjacent
All other territories belonging to the Philippines by Historic to the coast of a state which is under its jurisdictional belt.
or legal title includes:
Breadth or width of the territorial sea- 12 nautical miles from
1. Any territory which presently belongs or might belong to the low water mark, or in the case of archipelagic states, from
the Philippines in the future through any of the the baselines.
internationally accepted mode of acquiring territory
2. Those territories which under the 1973 Constitution belong Internal waters- Are waters on landmark side of the baselines
to the Philippines by historic right or legal title from which the breadth of the territorial sea is calculated.
Sabah- Is part of the Philippines because sovereignty rights a. Rivers
over Sabah were officially transferred to the government of b. Bays and gulfs
the Philippines by the Sultanate of Sulu on Sept 12, 1962 c. Straits
during the term of Pres. Diosdado Macapagal. For this reason, d. Canals
Sabah has not been excluded at all from the scope of our
national territory under the 1987 Constitution. Archipelagic waters- The waters around, between and
connecting the islands of the archipelago, regardless of their
Constitution= Municipal law- Its effectivity and enforcement breadth and dimensions from part of the internal waters of
is therefore limited only to its territorial jurisdiction as the Philippines.
determined by the sovereignty upon which the authority to
write and approve a constitution is based. High seas or Open seas- They are part of the sea which is not
included in the territorial sea or in the internal waters of any
Archipelagic Doctrine state.
Under this doctrine, the Philippine Archipelago is considered Territorium Nullius- Means territory of no one, a territory
as one integrated unit instead of being divided into more which is the land of no state.
than 7,000 islands. This assertion, together with the
application of the “Straight base line method”, is what is Right of Innocent passage
referred to as the Archipelagic Doctrine. 1. A ship or ship of other states enjoy the right of innocent
passage through the territorial sea.
By using this method, the outermost points of our 2. Foreign vessels have no right of innocent passage through
archipelago are connected with straight baselines and all the internal waters.
waters inside the baselines are considered as internal waters.
The Freedom of the Seas- it means no part of the sea as such
Internal Waters under the Archipelagic Doctrine- the large can be subjected to the sovereignty of any state. It cannot
bodies of water connecting the islands of the archipelago therefore be incorporated into the territory of any state
such as the Mindanao Sea, the Sulu Sea and the Sibuyan Sea, through occupation.
are considered by the Philippines as part of its internal
waters, just like the rivers and lakes found within the islands They are open and available to the use of all states for a
themselves. variety of purposes. Only peaceful purposes.
Concept of association- Under this concept, two states of Freedom of navigation- It refers to the right to sail ships on
unequal power voluntarily establish durable links. One state, the high seas, subject only to international law and the laws
called as associate, delegates certain responsibilities to the of the flag state.
other, while another state, called as the principal, maintains
its international status as state. Contiguous Zone- It is the zone extending up to 12 nautical
miles from the territorial sea. Although it is not technically a
Our present constitution does not recognize this concept part of the territory of the state, the coastal state may
which implies powers that go beyond anything ever granted exercise limited jurisdiction over the contiguous zone as a
by the constitution to any local or regional government, and
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preventive measure to insure that customs laws immigration 2. Said public officials are entrusted with the duty to serve
and sanitary laws are properly and effectively enforced. the people who choose them.
3. The purpose of a republican government is to promote the
Exclusive Economic Zone- It is the zone which extends up to common welfare of the people according to the will of the
200 miles from the low water mark or the baselines as the people.
case may be. 4. This will is determined by the rule of the majority
5. Under a republican system, no person is above the law,
Rights of the Coastal state over the exclusive Economic Zone which means that it applies to everyone regardless of status
1. Right of innocent passage in his life, creed, political and religious persuasion and color
2. Sovereign rights over economic resources of the sea, of his skin. This affirms the principle that our government is a
seabed, subsoil. government of laws and not of men.
3. Other states shall have freedom of navigation and over 6. The principle of separation of powers and the system of
flight to lay submarine cables and proper lines and other checks and balances is observed.
lawful uses. 7. The legislature cannot pass irrepealable laws.
Scarborough Shoal- Part of Phil EEZ. Separation of Powers- It operates to maintain the legislative
powers to the legislative department, executive powers to
Continental Shelf- It is the sea bed and subsoil of the the executive department, and those which are judicial in
submarine areas that extend beyond its territorial sea character to the judiciary.
throughout the natural prolongation of its land territory to Through this allocation of powers, the person entrusted with
the outer edge of the continental margin, or to a distance of power in any of the departments of the government shall not
200 miles from the baselines from which the territorial sea is be permitted to encroach upon the power confided to the
measured where the outer edge of the continental margin others, but that each, by the law of its creation, be limited to
does not extend up to that distance. the exercise of the powers appropriate to its own department
and to no other. There must be independence and equality of
The coastal state enjoys the right of exploitation of oil the several departments.
deposits and other resources in the continental shelf.
The completeness of their separation and their mutual
Archipelago- The Philippines is one integrated unit, instead of independence, does not, however, extend to the point that
being fragmented into more than 7,200 islands. Hence, the those in authority in one department can ignore and treat the
waters around, between and connecting the island acts of those in authority in the other, done pursuant to the
archipelago, regardless of their breadth and dimensions, form authority vested in them, as nugatory and not binding in
part of the internal waters of the Philippines. every other department.
ARTCLE II Declaration of State Principles and State Policies The basis of the separation of powers is the democratic and
republican system of government.
Section 1: The Philippines is a democratic and republican
state. Sovereignty resides in the people and all government Principles related to the doctrine of separation of powers
authority emanates from them.
1. The principle of checks and balances
Republican Government- Is a government which is run by the 2. The principle of blending of powers
people through their chosen representatives who in turn, are
accountable to the sovereign will of the people. They derive Principle of Checks and Balances- One department is given
their mandate from the people who elect them for a period certain powers by which it may definitely restrain the others
or a term that is fixed by law. They cannot, strictly speaking, from exceeding constitutional authority. It may object ore
go against the specific authority and sovereign will of the resist any encroachment upon its authority, or it may
people for they are precisely the source of all government question, if necessary, any act or acts which unlawfully
authority and are merely the trustees who are expected to interfere with its sphere of jurisdiction and authority.
act for and in their behalf and for their benefit. The basis for
this is emphatically declared in Secs 1 and 4 Art II, Art XI of Blending of Powers- In actual practice, blending of powers is
the constitution. actually sharing of powers of the different departments of
government whereby one department helps and coordinates
Characteristics of a republican government with the other in the exercise of a particular power, function,
or responsibility.
1. The people choose their representatives and public officials
for a period fixed by law.
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It is in the process of sharing and collaborating with each 2. If the power sought to be exercised is not expressly
other that one department not only helps but also checks the conferred by the constitution, can the power sought to be
other if for any valid reason it is deemed necessary for the exercised be reasonably inferred from, or is it necessary to
public good. the proper exercise of the express power granted to the
department seeking to exercise said power?
Political Question- It is a question of policy. It refers to those
questions which under the constitution, are to be decided by If it is, the exercise of said power may be justified under the
the people in their sovereign authority, or in regard to which doctrine of implication which means that even in the absence
full discretionary authority has been delegated to the of an express conferment, the exercise of a given power may
legislative or executive branch of the government (Tanada v be justified or reasonably inferred from the express power
Cuenco) Political questions are neatly associated with the already granted, or that it may be necessary to the proper
wisdom , not the legality of a particular measure. i.e, policy exercise of the express power granted to the department
issues seeking to exercise said power.
Justiciable Question- Where the vortex of controversy refers 3. If the power is not granted by the constitution, either
to the legality or validity of the contested act , the matter is expressly or impliedly, can its exercise be justified as inherent
justiciable and not political. or incidental? If they are, the exercise of said power may be
sustained.
Principle of Non-delegation of power- The legislative must
not nor can transfer the power of making laws to anybody 4. Assuming that the power of the act sought to be
else or place it anywhere except where the people have. performed is expressly or impliedly granted by the
constitution, or that it is justified as inherent, the fourth test
The delegate to whom a power is delegated has been chosen is Whether or not the act or power in question has been
precisely because trust is reposed on him and if he delegates performed in accordance with the rules laid down by the
further to another the power delegated to him, that third constitution.
person does not have the trust originally given to him. Rule of the majority- Is the will of the greater number of
people, whether referring to the citizens of the Philippines
General Rule: Legislative powers may not be delegated. who choose their representatives, or to a number of people
in a community or organization, who choose their officers.
Exceptions:
Majority interpretations
1. When authorized by the constitution- Congress may grant 1. Proclamation or martial law or suspension of the privilege
emergency powers and tariff powers to the president. of habeas corpus- Majority vote of all members of each house
2. Quorum of each house- Majority vote of all members of
2. Legislative powers may be delegated to local governments- each house
Police power, eminent domain. 3. Suspension or expulsion of a member- 2/3 vote of all
members of each house
3. Legislative powers may be delegated to the people at 4. Constitutionality of a treaty, international or executive
large- referendum and plebiscite agreement- Majority does not refer to the majority vote of
the justices of the Supreme Court composed of 15 members,
4. Delegation to administrative bodies. but possibly only to 5 out of 8 members or 3 out of 5
members thereof, who actually took part in the deliberations
Referendum - A method of submitting an important on the issues in the case and who voted thereon, the said
legislative measure to a direct vote of the whole people. number being the majority of 8 or majority of 5 members
who actually took part in the deliberations of the case and
Plebiscite- A devise to obtain a direct popular vote on a who voted thereon.
matter of political importance. 5. A Majority of one-A dissenting vote of one Sandiganbayan
Justice will prevent a decision of the two other members of
Tests of valid delegation of power the division as a unanimous vote is required in such decision.
In that sense, the lone dissenting vote is considered as a
1. Whether or not the power in question, regardless of its majority of one.
nature, is granted by the constitution to the department
which seeks to exercise such power. If it is granted by the Constitutional authoritarianism- President Marcos assumed
constitution, the exercise of the power is sustained. extraordinary powers including legislative, judicial, and even
constituent powers.
Page | 10
Section 2: Renunciation of war as an instrument of national citizens may be required, under conditions provided by law,
policy. to render personal military or civil service.
SECTION 2. The Philippines renounces war as an instrument The government complies with this duty by:
of national policy, adopts the generally accepted principles 1. The government may call upon the people to defend the
of international law as part of the law of the land and state.
adheres to the policy of peace, equality, justice, freedom, 2. The government may require all citizens, under conditions
cooperation, and amity with all nations. provided by law to render personal military or civil service.
3. The government may use the AFP to repel any threat to its
Principles in section 2 security.
1. The Philippines renounces war as an instrument of national
policy The government can require compulsory military service for
2. The Philippines adopts the generally accepted principles of the following reasons:
international law as part of the law of the land.
3. The Philippines adheres to the policy of peace, equality, 1. What justifies compulsory military service is the defense of
justice, freedom, cooperation, and amity with all nations. the state, whether actual or whether in preparation to make
it more effective in case of need.
Defensive war-permitted
Aggressive war- is what we renounce. 2. The duty of the government to defend the state cannot be
performed except through the army. To leave the
Section 3: Principle of Civilian Authority organization of an army to the will of the citizens would be to
make this duty of the government excusable should there be
SECTION 3. Civilian authority is, at all times, supreme over no sufficient men who volunteer for enlistment.
the military. The Armed Forces of the Philippines is the
protector of the people and the State. Its goal is to secure 3. The right of the government to require military service is a
the sovereignty of the State and the integrity of the national consequence of its duty to defend the state and to protect
territory. life, liberty, and property of the citizens. Without violating the
2 principles in section 3 constitution, a person may be compelled by force, if need be
against his will, against his pecuniary interests, and even
1. The principle of civilian supremacy- This doctrine teaches against his religious or political convictions to take his place in
the supremacy of the sovereign Filipino people in line with the ranks of the army of his country and risk the chance of
the principle that “Sovereignty resides in the people and all being shot down in its defense.
government authority emanates from them” and this
supremacy is at “all time supreme over the military”. US v Olson- There is no right of property to an office or an
employment. Compulsory military service is not considered a
2. The principle that the Armed Forces of the Philippines is deprivation of property without the due process of law.
the protector of the people and state- The Armed Forces of
the Philippines “Is the protector of the people and the state”. The service must be PERSONAL- A person cannot hire the
This means that if the president or high government officials services of another to take his place in the defense of the
of the land, happens to be the ones who are committing state.
abuses while in the performance of their duties, the AFP is
obliged, under sec 3, to protect the people of the state, Section 5: The promotion of general welfare and
against their abuses. In other words, the interest of the maintenance of peace and order.
people is more supreme than the interest of said officials.
SECTION 5. The maintenance of peace and order, the
This duty is specifically addressed to the AFP. The duty under protection of life, liberty, and property, and the promotion
Section 4 refers to the prime duty of the government to serve of the general welfare are essential for the enjoyment by all
and protect the people. the people of the blessings of democracy.
The following are essential for the enjoyment by all the
Section 4: The prime duty of the government is to serve and people of the blessings of democracy:
protect the people.
1. Maintenance of peace and order
SECTION 4. The prime duty of the Government is to serve 2. Protection of life, liberty, and property
and protect the people. The Government may call upon the 3. Promotion of the general welfare
people to defend the State and, in the fulfillment thereof, all
Page | 11
Section 6: Separation of Church and State independence of the nation and free the people from
poverty through policies that provide adequate social
SECTION 6. The separation of Church and State shall be services, promote full employment, a rising standard of
inviolable. living, and an improved quality of life for all.
Separation contemplated is: To delineate the boundaries Section 10: Social Justice
between the two institutions thereby avoiding as much as
possible, any encroachment by one against the other. Each is SECTION 10. The State shall promote social justice in all
independent within the sphere of their respective missions phases of national development.
and prerogatives, but still governed, both in theory and actual
practice, by the principle of cooperation to attain the Social Justice- It is neither communism not anarchy, but the
common good. humanization of laws and the equalization of social and
economic forces of the state so that justice in its rational and
Imbong v Ochoa- The principle of separation of church and objectively secular conception may at least be approximated.
state is based on mutual respect. Generally, the state cannot (Calalang v Williams)
meddle in the internal affairs of the church, much less Social justice is not equality but protection. It is
question its faith and dogmas or dictate upon it. It cannot compassionate justice or an implementation of the policy
favor one religion and discriminate against another. On the that those who have less in life should have more in law.
other hand, the church cannot impose its beliefs and
convictions on the state and the rest of the citizenry. It Expanded meaning of social justice under the 1987
cannot demand that the nation follow its beliefs, even if it Constitution- Includes all phases of national development,
sincerely believes that they are not good for the country. instead of being merely limited to the removal of socio-
economic inequities. It contemplates equitable diffusion not
Consistent with the principle that not any one religion should only of wealth but also of political power.
be preferred over another, the constitution in the above cited
provision utilizes the term “church” in its generic sense, Ways social justice be promoted:
which refers to a temple, a mosque, iglesia, or any other
house of god which metaphorically symbolizes a religious 1. The congress shall give highest priority to the enactment if
organization. Thus the “Church” means the religious measures that protect and enhance the right of all the people
congregations collectively. to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequalities by equitably
Section 7: Independent foreign policy diffusing wealth and political power for the common good.
SECTION 7. The State shall pursue an independent foreign 2. The state shall regulate the acquisition, ownership, use,
policy. In its relations with other states the paramount and disposition of property and its increments.
consideration shall be national sovereignty, territorial
integrity, national interest, and the right to self- 3. The promotion of social justice shall include the
determination. commitment to create economic opportunities based on
freedom of initiative and self-reliance.
Section 8: Policy of freedom from nuclear weapons
Section 11: Full respect for human rights and dignity of
SECTION 8. The Philippines, consistent with the national every person.
interest, adopts and pursues a policy of freedom from
nuclear weapons in its territory. SECTION 11. The State values the dignity of every human
person and guarantees full respect for human rights.
Paramount considerations of secs 7 and 8:
Section 12: Sanctity of family life
1. National sovereignty
2. Territorial Integrity SECTION 12. The State recognizes the sanctity of family life
3. National interest and shall protect and strengthen the family as a basic
4. Right to self-determination autonomous social institution. It shall equally protect the
life of the mother and the life of the unborn from
Section 9: Promotion of a just and dynamic social order conception. The natural and primary right and duty of
parents in the rearing of the youth for civic efficiency and
SECTION 9. The State shall promote a just and dynamic the development of moral character shall receive the
social order that will ensure the prosperity and support of the Government.
Page | 12
3 Responsibilities of the state in connection with the physical, moral, spiritual, intellectual, and social well-being.
constitutional guarantee recognizing the sanctity of family It shall inculcate in the youth patriotism and nationalism,
life: and encourage their involvement in public and civic affairs.
1. It shall protect and strengthen the family as a basic The state shall protect and promote their physical, moral,
autonomous social institution. spiritual, intellectual and social well-being because
recognition alone without that protection is just a lip service.
2. It shall equally protect the life of the mother and the life of
the unborn from conception. Section 14: role of women in nation-building
3. The natural and primary right and duty of parents in the SECTION 14. The State recognizes the role of women in
rearing of the youth for civic efficiency and the development nation-building, and shall ensure the fundamental equality
of moral character shall receive the aid and support of the before the law of women and men.
government.
Provisions of the constitution that protect women
Intention of the framers in protecting the life of the unborn
from conception- To make sure there would be no pro- 1. SECTION 12. The State recognizes the sanctity of family life
abortion laws ever passed by congress or nay pro-abortion and shall protect and strengthen the family as a basic
decision passed by the Supreme Court. autonomous social institution. It shall equally protect the life
of the mother and the life of the unborn from conception.
Constitutional right to life components: The natural and primary right and duty of parents in the
rearing of the youth for civic efficiency and the development
1. SECTION 15. The State shall protect and promote the right of moral character shall receive the support of the
to health of the people and instill health consciousness Government.
among them.
2. SECTION 14. The State recognizes the role of women in
2. SECTION 11. The State values the dignity of every human nation-building, and shall ensure the fundamental equality
person and guarantees full respect for human rights. before the law of women and men.
3. SECTION 12. The State recognizes the sanctity of family life
and shall protect and strengthen the family as a basic 3. Art XIII SECTION 14. The State shall protect working women
autonomous social institution. It shall equally protect the life by providing safe and healthful working conditions, taking
of the mother and the life of the unborn from conception. into account their maternal functions, and such facilities and
The natural and primary right and duty of parents in the opportunities that will enhance their welfare and enable
rearing of the youth for civic efficiency and the development them to realize their full potential in the service of the nation.
of moral character shall receive the support of the
Government. Section 15: Promotion of right to health of people
4. SECTION 13. The State recognizes the vital role of the youth SECTION 15. The State shall protect and promote the right to
in nation-building and shall promote and protect their health of the people and instill health consciousness among
physical, moral, spiritual, intellectual, and social well-being. It them.
shall inculcate in the youth patriotism and nationalism, and
encourage their involvement in public and civic affairs. Section 16: Protection of the right to a balanced and
healthful ecology
5. SECTION 9. The State shall promote a just and dynamic
social order that will ensure the prosperity and independence SECTION 16. The State shall protect and advance the right of
of the nation and free the people from poverty through the people to a balanced and healthful ecology in accord
policies that provide adequate social services, promote full with the rhythm and harmony of nature.
employment, a rising standard of living, and an improved
quality of life for all. Writ of kalikasan- self-executory section 16
-Self executing provisions. Section 17: Priority to education, science, and technology,
arts, culture, sports
Section 13: Vital role of the youth in nation building
SECTION 17. The State shall give priority to education,
SECTION 13. The State recognizes the vital role of the youth science and technology, arts, culture, and sports to foster
in nation-building and shall promote and protect their
Page | 13
patriotism and nationalism, accelerate social progress, and of the community and its members. Provided, that the
promote total human liberation and development. Torrens System shall be respected.
Section 18: Labor as a primary social economic force Constitutional provisions that protect indigenous cultural
communities
SECTION 18. The State affirms labor as a primary social
economic force. It shall protect the rights of workers and 1. Art II, SECTION 5. The maintenance of peace and order, the
promote their welfare. protection of life, liberty, and property, and the promotion of
the general welfare are essential for the enjoyment by all the
Section 19: Self-reliance and independent national economy people of the blessings of democracy.
SECTION 19. The State shall develop a self-reliant and 2. Art XII, SECTION 5. The State, subject to the provisions of
independent national economy effectively controlled by this Constitution and national development policies and
Filipinos. programs, shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their
Section 20: Encouragement of private enterprise and economic, social, and cultural well-being.
incentives to needed investments
3. Art XIII, SECTION 5. The State shall recognize the right of
SECTION 20. The State recognizes the indispensable role of farmers, farmworkers, and landowners, as well as
the private sector, encourages private enterprise, and cooperatives, and other independent farmers’ organizations
provides incentives to needed investments. to participate in the planning, organization, and management
of the program, and shall provide support to agriculture
Section 21: Comprehensive rural development and agrarian through appropriate technology and research, and adequate
reform financial, production, marketing, and other support services.
SECTION 21. The State shall promote comprehensive rural 4. Art XIV, SECTION 17. The State shall recognize, respect, and
development and agrarian reform. protect the rights of indigenous cultural communities to
preserve and develop their cultures, traditions, and
Association of small landowners v Sec of agrarian reform- RA institutions. It shall consider these rights in the formulation of
6657 is constitutional. The taking contemplated is not a mere national plans and policies.
limitation of the use of the land. What is required is the
surrender of the land and the physical possession of the land Section 23: Encouragement of non-governmental
in excess of the retention limit and all the beneficial rights community based or sectoral organizations
accruing to the owner in favor of the farmer beneficiary.
SECTION 23. The State shall encourage non-governmental,
This is within the power of the state to take and regulate community-based, or sectoral organizations that promote
private property for which payment of just compensation is the welfare of the nation.
provided.
-It serves to create or induce more participation from the said
Revolutionary kind of expropriation. organizations, which in turn, will help the government in
finding out ways and means to improve them and their
Luz farms v Sec of agrarian reform- Declared unconstitutional communities.
sections 3 b, 10, 11 of said law- Lands devoted to raising
livestock, poultry, and swine not within the coverage of Section 24: Vital role of communication and information in
agrarian reform. nation- building.
Section 22: Rights of indigenous cultural communities SECTION 24. The State recognizes the vital role of
communication and information in nation-building.
SECTION 22. The State recognizes and promotes the rights of Section 25: Autonomy of local governments
indigenous cultural communities within the framework of
national unity and development. Section 26: Equal access to opportunity for public service
Ancestral Lands- The ancestral land of each indigenous SECTION 25. The State shall ensure the autonomy of local
cultural community shall include, but not limited to, lands in governments.
the actual, continuous, and open possession, and occupation
Page | 14
SECTION 26. The State shall guarantee equal access to itemized list of amounts paid to and expenses incurred for
opportunities for public service, and prohibit political each Member.
dynasties as may be defined by law.
4. Article XI SECTION 17. A public officer or employee shall,
-The constitution does not guarantee equality of all the upon assumption of office and as often thereafter as may be
citizens of the republic. What our constitution guarantees is required by law, submit a declaration under oath of his
only equality of opportunity. assets, liabilities, and net worth. In the case of the President,
the Vice-President, the Members of the Cabinet, the
SECTION 27. The State shall maintain honesty and integrity Congress, the Supreme Court, the Constitutional
in the public service and take positive and effective Commissions and other constitutional offices, and officers of
measures against graft and corruption. the armed forces with general or flag rank, the declaration
shall be disclosed to the public in the manner provided by
SECTION 28. Subject to reasonable conditions prescribed by law.
law, the State adopts and implements a policy of full public
disclosure of all its transactions involving public interest. 5. Article XII SECTION 21. Foreign loans may only be incurred
in accordance with law and the regulation of the monetary
Three basic principles emphasized by sections 27 and 28 authority. Information on foreign loans obtained or
guaranteed by the Government shall be made available to the
1. Public office is a public trust- Under this principle, public public.
officials in all ladders of our government should always
remember that they were merely entrusted by the people to Doctrine of incorporation in political law- A state is, by
perform the duties and responsibilities of their offices for a reason of its membership in the family of nations, bound by
fixed period of time. They were chosen to serve the people, the generally accepted principles of international law, the
not to cheat them. Their offices are not their own, nor can same being considered as part of its own laws. (Art.II Sec 2)
they be treated as private properties which they can manage
or dispose of at their whim and caprice. Doctrine of transformation- International law may be
transformed into a domestic law by and through a local
2. Our government is a government of laws and not of men- legislation.
The law should be applied equally without fear or favor. No
one in this republic, not even the president is above the law. Doctrine of state immunity- The state may not be sued
without its consent.
3. Transparency in public service- Because public officials are
mere trustees of the people, they should observe loyalty and A state has the inherent right to exist and to protect itself and
fidelity to the people who have entrusted to them specific its citizens from any act or acts which will defeat the greater
duties for a specific tenure. interest of the people which it is obligated to serve. This
include the right to protect itself against indiscriminate suits
Provisions of the constitution that provide a policy of which will necessarily require its attention, time, and
transparency in matters of public interest: resources. All these would otherwise be used more for the
benefit and interest of the general welfare, in line with secs 4
1. Article II SECTION 28. Subject to reasonable conditions and 5 of article II.
prescribed by law, the State adopts and implements a policy
of full public disclosure of all its transactions involving public It is not conducive to harmony and peace in the community
interest. of nations if one state can assert jurisdiction over another
2. Article III SECTION 7. The right of the people to information state. The better view is to uphold the principle of sovereign
on matters of public concern shall be recognized. Access to equality of states under the principle of Par in Parem
official records, and to documents, and papers pertaining to Imperium Non Habet.
official acts, transactions, or decisions, as well as to General Rule: The government cannot be sued without its
government research data used as basis for policy consent.
development, shall be afforded the citizen, subject to such
limitations as may be provided by law. Exception: The consent of the state to be sued may be given
expressly or impliedly. Express consent may be manifested
3. Article VI SECTION 20. The records and books of accounts either through a general law or special law.
of the Congress shall be preserved and be open to the public
in accordance with law, and such books shall be audited by Express consent to be sued- When a law expressly grants
the Commission on Audit which shall publish annually an authority to sue the state or any of its agencies. A waiver
Page | 15
made by the lawyer of the state is not binding upon the state, Municipality of Makati v CA- The claimant may file a petition
the express consent must be provided by law. for mandamus to compel the enactment and approval of the
necessary appropriation ordinance and the corresponding
Implied consent to be sued disbursement of municipal funds suppose there is a final
money judgment against a municipality but despite this, the
1. When the state enters into a private contract, unless the latter still fails and refuses to pay the same.
contract is only incidental to the performance of a
government function. Act of state doctrine- Under this doctrine, the foreign court
chooses to uphold and respect the foreign state’s act done
2. When a state enters into an operation that is essentially a within its territory on the reasoning that if it will not do so, it
business operation, unless the operation is only incidental to would imperil the amicable relations between governments
the performance of a governmental function. and vex the peace of nations.
3. When the state sues a private party, the defendant can file The doctrine should not be applied where the executive
a counterclaim against the state, unless the suit is entered branch expressly represents to the court that the application
only to resist a claim. of the doctrine would not advance the interests of foreign
policy.
Agencies of the government’s immunity from suit- Depends
whether the government agency to be sued is incorporated The act of state only precludes investigation of the legality,
or unincorporated. validity and propriety of acts and investigations of foreign
sovereigns in its own boundaries. It does not preclude judicial
If incorporated- The rule is that it is suable if its charter says resolutions of all commercial consequences stemming from
so regardless of the functions it is performing. the occurrence of such public acts.
If unincorporated- The rule is that it is suable if it is Limitations to the application of the Act of State Doctrine:
performing proprietary functions, and not suable if it is
performing governmental functions. 1. There is an official act of a foreign sovereign performed
within its own territory, which is deemed valid.
A public officer can be sued in his official capacity without
obtaining first the consent of the state to be sued- 2. The relief sought or the defense interposed in the action
would require a court in the other foreign state where the
This is allowed in cases where said public officer is merely action is filed based on such act of the state to declare invalid
being required to do or perform a duty which is required by the foreign sovereign’s official act.
law or if he is merely being restrained to do or perform an act
which is alleged to be illegal or unconstitutional, or if he is 3. The doctrine covers only state action, not the action
being sued to be able to recover from him the possession of a between individuals.
property which is under his custody in his official capacity as a
public officer. Potestas delegate non delegari potest- Power delegated
cannot be further delegated. The legislative must not nor can
However, if in the enforcement of a judgment rendered in transfer the power of making laws to anybody else or place it
connection with said cases, an appropriation of public funds anywhere except where the people have.
will be needed to satisfy the judgment, the state should be
included in the suit as a party defendant. Doctrine of Judicial Supremacy- It is the assertion of the
solemn and sacred obligation assigned to the judiciary by the
Personal liability of the public officer- It is not enough that a constitution to determine conflicting claims of authority
public officer complies with his official duties. HE should under the constitution and to establish for the parties in an
perform his duties in accordance with law and he should act actual controversy the right which that instrument secures
within the scope of his authority and jurisdiction. If not, he and guarantees to them.
will incur personal liability.
Republic v Villasor- A writ of execution was issued by the Doctrine of Parens Patriae- Literally means father of his
court against the funds of the AFP to satisfy a judgment country. It is a doctrine which refers to the inherent power or
rendered against the Philippine government. It was ruled that authority of the state to provide protection to the person and
public funds cannot be the object of garnishment proceedings property of a person non sui juris.
even if the consent of the state to be sued had been
previously granted and even if the state liability has been The state has the sovereign power of guardianship over
adjudged. persons under disability.
Page | 16
Principle of the Right of Revolution- It is the inherent right of 1935 Constitution
a people to cast out their rulers, change their polity, or effect 1. Those who are citizens of the Philippine Islands at the time
radical reforms in their system of government or institution, of the adoption of this constitution.
by force or a general uprising, when the legal and 2. Those born in the Philippine Islands of foreign parents who,
constitutional methods of making such changes have proved before the adoption of this constitution, had been elected
inadequate or are so obstructed as to be unavailable. into public office in the Philippine Islands.
3. Those whose fathers are citizens of the Philippines
Doctrine of Stare Decisis- Means the uniformity in judicial 4. Those whose mothers are citizens of the Philippines, and
decisions. Once an interpretation has been given the upon reaching the age of majority, elect Philippine
provision of the constitution, it should not be abandoned citizenship.
without grave reasons, for the stability of many important 5. Those who are naturalized in accordance with law.
institutions of society depends upon permanence.
1973 Constitution
Article IV CITIZENSHIP 1. Those who are citizens of the Philippines at the time of the
adoption of this constitution.
SECTION 1. The following are citizens of the Philippines: 2. Those whose fathers or mothers are citizens of the
Philippines
(1) Those who are citizens of the Philippines at the time of 3. Those born before January 17, 1973 of Filipino mothers,
the adoption of this Constitution; who elect Philippine citizenship upon reaching the age of
majority.
(2) Those whose fathers or mothers are citizens of the 4. Those who are naturalized in accordance with law.
Philippines;
1987 Constitution
(3) Those born before January 17, 1973, of Filipino mothers, 1. Those who are citizens of the Philippines at the time of the
who elect Philippine citizenship upon reaching the age of adoption of this constitution.
majority; and 2. Those whose fathers or mothers are citizens of the
Philippines
(4) Those who are naturalized in accordance with law. 3. Those born before January 17, 1973 of Filipino mothers,
who elect Philippine citizenship upon reaching the age of
SECTION 2. Natural-born citizens are those who are citizens majority.
of the Philippines from birth without having to perform any 4. Those who are naturalized in accordance with law.
act to acquire or perfect their Philippine citizenship. Those
who elect Philippine citizenship in accordance with Children born prior to January 17,1973- Are governed by
paragraph (3), Section 1 hereof shall be deemed natural- Section 1 (4) of the 1935 Constitution which provides that
born citizens. those whose mothers are citizens of the Philippines and upon
reaching the age of majority, elect Philippine citizenship.
SECTION 3. Philippine citizenship may be lost or reacquired
in the manner provided by law. Naturalization- It is a judicial process of acquiring citizenship
of another country.
SECTION 4. Citizens of the Philippines who marry aliens shall
retain their citizenship, unless by their act or omission they It may mean not only the judicial process but also the
are deemed, under the law, to have renounced it. acquisition of another citizenship by such acts like marriage to
a citizen, or the exercise of the option to elect a particular
SECTION 5. Dual allegiance of citizens is inimical to the citizenship.
national interest and shall be dealt with by law.
Jus Sanguinis Principle- The mode of acquiring citizenship Attributes of naturalization
which is recognized in the Philippines
1. The opportunity of an alien to become a citizen by
Basis of Jus Sanguinis- Section 1 (2) Article IV, those whose naturalization is only a matter of grace, favor, or privilege
fathers or mothers are citizens of the Philippines extended to him by the state. It is not a matter of right.
If the child is born under the 1973 or 1987 Constitution, and
either his father or mother is a Filipino citizen at the time of 2. The only right which an alien has to become a citizen is that
his birth, the child is Filipino regardless of his place of birth which is conferred on him by statute, and to acquire this right
outside the Philippines. he must strictly comply with all of the statutory conditions
and requirements.
Page | 17
3. Naturalization demands allegiance to our constitution, our 5. Playing prohibited games
laws, and government. 6. False statement that the applicant has never
previously filed any petition for naturalization.
4. The conditions for naturalization are laid down by
congress. Courts cannot change or modify them. 4. Property qualification or lucrative occupation- Lucrative
means that there must be an appreciable margin of income
Laws and procedures of naturalization that have been used over expenses in order to provide for adequate support in the
In the Philippines event of unemployment, sickness, or disability to work.
1. Through a judicial process- Revised Naturalization Law (CA 5. Language requisite- Must be able to speak and write
473, June 17, 1939) English or Spanish and anyone of the principal Philippine
languages.
2. Through an administrative process- Letter of instruction
no. 270 promulgated by Pres. Marcos on April 11, 1975, 6. Enrollment of minor children of school age- In order that
which took effect on a limited period. the children will learn and imbibe the customs, traditions, and
ideals of Filipinos.
3. Through a special naturalization law/ Naturalization by
direct legislative action- This is within the discretion of the B. Procedural requirements
legislature. It may be granted to aliens in recognition of their
outstanding contributions to the country. 1. Applicant must file a declaration of intention to become
Filipino citizen, unless he is exempted from this requirement.
4. Through a mass naturalization law- Phil. Bill of 1902 2. Petition for naturalization must be filed.
3. The petition will be heard.
Requirements for application for naturalization under the 4. If the petition is approved, there will be a rehearing after
Revised Naturalization Law two years after the promulgation of the judgment awarding
naturalization.
A. Substantive Requirements 5. The applicant will take oath of allegiance to support and
defend the constitution and laws of the Philippines.
1. Petitioner must not be less than 21 years of age at the
date of the hearing of the petition. Who are exempted from making a declaration of intention
2. 10 years of actual, substantial, and continuous residence. 1. Persons born in the Philippines and who have received
their primary and secondary education in public schools or
Reduced to 5 years if applicant has: private schools recognized by the government, and not
limited to any race or nationality.
1. Honorably held office under the government of
the Philippines. 2. Those who have resided continuously in the Philippines for
2. Established a new industry or introduced a useful a period of thirty years or more before filing their application.
invention in the Philippines.
3. Married to a Filipina. 3. The widow and minor children of an alien who has declared
4. Engaged as a teacher in a public or recognized his intention to become citizen of the Philippines and dies
private school not established for the exclusive before he is actually naturalized.
institution of children of persons of a particular
nationality, or race in any of the branches of Executory only after 2 years from its promulgation- Certain
education or industry for a period of two years. conditions will have to be fulfilled and proper proof thereof
5. If he was born in the Philippines. must be presented.
3. Good moral character and belief in the principles It must be proved that during the intervening time the
underlying the Philippine Constitution. applicant:
Examples of improper conduct: 1. Has not left the Philippines
1. Failure to pay taxes 2. Has dedicated himself continuously to a lawful
2. Affiliation with the communist party or any calling or profession.
subversive organization. 3. Has not been convicted of any offense or violation
3. Concubinage of government promulgated rules.
4. Desertion of a common law wife to be able to 4. Has not committed any act prejudicial to the
marry another woman. nation or to any government announced policies.
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Purpose of 2 year period- To place petitioner on probation. Effects of naturalization:
Reckoning of 2 year period- From the time the judgment has 1. Vests citizenship on the wife if she herself may be lawfully
become final, subject to the following limitations: naturalized.
1. If the government appeals- The period starts from the 2. Minor children born in the Philippines before the
time the appellate court promulgates its judgment awarding naturalization shall be considered citizens of the Philippines.
naturalization. 3. Minor child born outside the Philippines who was residing
in the Philippines at the time of naturalization, shall be
2. If the government does not appeal- The period begins considered a Filipino citizen.
from the time the judgment of the trial court is promulgated.
Because, it is only upon final judgment that the authorities 4. Minor child born outside the Philippines before parents’
concerned will know that naturalization is about to be naturalization shall be considered Filipino citizens only during
granted. From that time therefore, a close scrutiny of the minority, unless he begins to permanently reside in the
petitioner’s conduct will be made. Philippines.
Effect of failure of the applicant to pass successfully the two- 5. Child born outside the Philippines after parent’s
year probationary period- Results in the loss of whatever naturalization shall be considered a Filipino, provided that he
rights he may have acquired under the decision authorizing registers as such before any Philippine consulate within one
his naturalization because said decision was rendered year after attaining majority age, and takes his oath of
nullified by a subsequent one denying the grant of the allegiance.
certificate of naturalization.
Grounds to denaturalize one who has already been issued a
Naturalization case- Not a judicial adversary proceeding. naturalization certificate:
Hence the decision therein is not res judicata as to any matter
which would support a judgment cancelling the certification 1. The naturalization certificate is obtained fraudulently or
of naturalization. The government cannot be estopped to illegally.
question the qualification after the petition has been granted.
2. If within 5 years, he returns to his native country or to
Leaving the Philippines during the probationary period some foreign country and establishes residence there.
General rule: During this period, the physical presence of the 3. The petition was made on invalid declaration of intention.
petitioner is required not mere legal residence. Otherwise the
government will have no opportunity to observe and 4. The minor children failed to graduate through the fault of
scrutinize his conduct. the parents either by neglecting to support them or by
transferring them to another school.
Exceptions:
1. When the petitioner leaves for abroad on a government 5. Has allowed himself to be used as a dummy.
mission.
2. When the petitioner has been kidnapped or forcibly Natural-born citizens 2 Kinds
removed.
3. If he has to undergo an operation to save his life. 1. Are those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect their
Offense or violation committed during the 2 year Philippine citizenship.
probationary period effects:
2. Those who elect Philippine citizenship in accordance with
1. If committed before the probationary period- Petitioner paragraph 3 section 1 hereof shall be deemed natural-born
would not be allowed to take oath. citizens.
2. Conviction no yet taken place because of pendency of case General ways to lose citizenship
in court- The oath taking will be postponed until after the
final adjudication of the charges against the petitioner. If 1. Voluntary Renunciation- Or expatriation (The privilege of
convicted, he cannot take his oath. renouncing allegiance to one’s country and becoming a
citizen of another country)
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2. Involuntary Renunciation-Takes place when a person is How Philippine citizenship reacquired
deprived of his citizenship by competent authority in
accordance with law 1. By naturalization, provided, that the applicant possesses
Legal grounds to lose citizenship none of the disqualifications prescribed for naturalization.
2. By express renunciation of citizenship. 1. The applicant must be at least 21 years of age and shall
have resided in the Philippines at least 6 months before he
3. By subscribing to an oath of allegiance to support the applies for naturalization.
constitution or laws of a foreign country upon attaining 21
years of age or more. Provided, however, that a Filipino may 2. That he shall have conducted himself in a proper and
not divest himself of Philippine citizenship in any manner irreproachable manner during the entire period of his
while the Republic of Philippines is at war with any country. residence in the Philippines, in his relation with the
constituted government as well as with the community in
4. By rendering service to, or accepting commission in the which he is living.
armed forces of a foreign country; Provided, that the
rendering of service to, or acceptance of such commission, in 3. That he subscribes to an oath declaring his intention to
the armed forces of a foreign country, and the taking of an renounce absolutely and perpetually all faith and allegiance
oath of allegiance incident thereto, with the consent of the to the foreign authority, state, or sovereignty of which he was
Republic of the Philippines, shall not divest a Filipino of his a citizen or subject.
Philippine citizenship if either of the ff circumstances are
present: 4. By repatriation of deserters of the army, navy, or air corps,
1. The Republic of the Philippines has a defensive provided, that a woman who lost her citizenship by reason of
and/or offensive pact of alliance with the said her marriage to an alien may be repatriated in accordance
foreign country. with the provisions of this act after the termination of the
marital status.
2. The said foreign country maintains armed forces
on the Philippine territory with the consent of the 5. By direct act of the national assembly.
Republic of the Philippines: Provided, that the
Filipino citizen concerned, at the time of rendering Who may be repatriated
service, or acceptance of said commission, and
taking the oath of allegiance incident thereto, states 1. Deserters of the Armed Forces of the Philippines.
that he does so only in connection with his service to 2. Women who lost their citizenship by reason of their
said foreign country and provided finally, that any marriage to aliens after the termination of the marital status.
Filipino citizen who is rendering service to, or is
commissioned in the armed forces of a foreign How repatriation is carried out- By merely taking the
country under any of the circumstances mentioned necessary oath of allegiance to the Republic of the Philippines
in paragraph 1 or 2, shall not be permitted to and registering the same in the civil registry.
participate nor vote in any election of the Republic
of the Philippines during the period of his service to Section 4: Citizens of the Philippines who marry aliens shall
or commission in the armed forces of said foreign retain their citizenship, unless by their act or omission they
country. Upon his discharge from the service of said are deemed, under the law, to have renounced it.
foreign country, he shall be automatically entitled to
the full enjoyment of his civil and political rights as a Dual Citizenship- Arises when, as a result of the concurrent
Filipino. application of the different laws of two or more states, a
person is simultaneously considered a national of the said
5. By cancellation of certificate of naturalization. states.
6. By having been declared by competent authority, a Dual allegiance- This refers to a situation in which a person
deserter of the Philippine armed forces in time of war, unless simultaneously owes, by some positive act, loyalty to two or
subsequently, a plenary pardon or amnesty has been granted. more states. Dual allegiance is a result of an individual
volition.
7. In the case of a woman, upon her marriage to a foreigner,
if by virtue of the laws in force in her husband’s country she
acquires his nationality.
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Article V: SUFFRAGE Difference between residence and domicile- residence
denotes permanency of occupation whereas domicile is
SECTION 1. Suffrage may be exercised by all citizens of the residence coupled with intention to remain for an unlimited
Philippines not otherwise disqualified by law, who are at time. It can exist without actually living in a place.
least eighteen years of age, and who shall have resided in
the Philippines for at least one year and in the place Who are disqualified to vote under the Election Code
wherein they propose to vote for at least six months
immediately preceding the election. No literacy, property, 1. Any person who has been sentenced by final judgment to
or other substantive requirement shall be imposed on the suffer an imprisonment of not less than 1 year, such disability
exercise of suffrage. not having been removed by plenary pardon. Provided, that
any person disqualified to vote under this paragraph shall
SECTION 2. The Congress shall provide a system for securing automatically reacquire the right to vote upon expiration of 5
the secrecy and sanctity of the ballot as well as a system for years after service of sentence.
absentee voting by qualified Filipinos abroad.
2. Any person who has been adjudged by final judgment by
The Congress shall also design a procedure for the disabled competent court of having violated his allegiance to the
and the illiterates to vote without the assistance of other Republic of the Philippines.
persons. Until then, they shall be allowed to vote under
existing laws and such rules as the Commission on Elections 3. Insane or feeble minded persons.
may promulgate to protect the secrecy of the ballot.
Article XII: National Economy and Patrimony
Suffrage- Is the right to vote in elections.
SECTION 1. The goals of the national economy are a more
It is the expression of the sovereign will of the people. equitable distribution of opportunities, income, and wealth;
a sustained increase in the amount of goods and services
Both a right and a privilege- It is a right because it is the produced by the nation for the benefit of the people; and an
expression of the sovereign will of the people. It is a privilege expanding productivity as the key to raising the quality of
because its exercise is granted not to everybody but only to life for all, especially the underprivileged.
such persons or class of persons as are most likely to exercise
it for the purpose of public good. The State shall promote industrialization and full
employment based on sound agricultural development and
Basis of the right of suffrage- Predicated upon the theory agrarian reform, through industries that make full and
that the people who bear the burden of government should efficient use of human and natural resources, and which are
share in the privilege of choosing the officials of that competitive in both domestic and foreign markets.
government. However, the State shall protect Filipino enterprises against
unfair foreign competition and trade practices.
Importance of safeguarding the right of suffrage- A republic
then to be true to its name requires that the government In the pursuit of these goals, all sectors of the economy and
rests on the consent of the people, consent freely given, all regions of the country shall be given optimum
intelligently arrived at, honestly recorded, and thereafter opportunity to develop. Private enterprises, including
counted. Only thus can they be really looked upon as the corporations, cooperatives, and similar collective
ultimate source of established liability. organizations, shall be encouraged to broaden the base of
their ownership.
Who may exercise the right of suffrage
National economic goals how attained under the
1. By all citizens of the Philippines not otherwise disqualified constitution
by law, who are at least 18 years of age, and who shall have
resided in the Philippines for at least 1 year and in the place 1. The state shall promote industrialization and full
wherein they propose to vote for at least 6 months employment based on sound agricultural development and
immediately preceding the election. agrarian reform, through industries that make full and
efficient use of human and natural resources, and which are
Residence under the Election law- Is synonymous with competitive in both domestic and foreign markets.
domicile, which imports not only intention to reside in a fixed
place, but also personal presence in that place, coupled with 2. The state shall protect Filipino enterprises against unfair
conduct indicative of such intention. foreign competition and trade practices.
Page | 21
3. All sectors of the economy and all regions of the country What is owned by the state under Section 2, Article XII
shall be given optimum opportunity to develop. 1. All lands of the public domain
2. Waters
4. Private enterprises, including corporations, cooperatives, 3. Coal
and similar collective organizations, shall be encouraged to 4. Petroleum
broaden the base of their ownership. 5. Other mineral oils
6. Minerals
National Patrimony- it refers not only to the natural 7. All forces of potential energy
resources of the Philippines, as the constitution could have 8. Fisheries, Forests, Timber
very well used the term natural resources, but also the 9. Wildlife
cultural heritage of the Filipinos. (Manila Prince Hotel v GSIS) 10. Flora and Fauna
11 And other natural resources.
SECTION 2. All lands of the public domain, waters, minerals,
coal, petroleum, and other mineral oils, all forces of Except agricultural lands, all other mineral resources shall
potential energy, fisheries, forests or timber, wildlife, flora not be alienated.
and fauna, and other natural resources are owned by the
State. With the exception of agricultural lands, all other The state has: Full control and supervision in case of
natural resources shall not be alienated. The exploration, exploration, development and utilization of natural resources.
development, and utilization of natural resources shall be
under the full control and supervision of the State. The State Full control and supervision in case of exploration,
may directly undertake such activities, or it may enter into development and utilization of natural resources- The state
co-production, joint venture, or production-sharing can do the same in joint venture or co-production with other
agreements with Filipino citizens, or corporations or Filipino private individuals or corporations. In case of
associations at least sixty per centum of whose capital is corporations and associations, it can only do so with those
owned by such citizens. Such agreements may be for a 60% of the capital of which is owned by Filipino citizens.
period not exceeding twenty-five years, renewable for not
more than twenty-five years, and under such terms and Limitation to Full control and supervision in case of
conditions as may be provided by law. In cases of water exploration, development and utilization of natural
rights for irrigation, water supply, fisheries, or industrial resources with join ventures- Said agreements may be for a
uses other than the development of water power, beneficial period not exceeding 25 years, renewable for not more than
use may be the measure and limit of the grant. 25 years, and under such terms and conditions as may be
provided by law.
The State shall protect the nation’s marine wealth in its
archipelagic waters, territorial sea, and exclusive economic In case of water rights for irrigation, water supply, fisheries,
zone, and reserve its use and enjoyment exclusively to or industrial uses other than the development of water
Filipino citizens. power, beneficial use may be the measure and limit of the
grant.
The Congress may, by law, allow small-scale utilization of
natural resources by Filipino citizens, as well as cooperative Regalian Doctrine- All agricultural timber and mineral lands
fish farming, with priority to subsistence fishermen and of the public domain are owned by the state. All lands not
fishworkers in rivers, lakes, bays, and lagoons. otherwise clearly appearing to be privately owned are
presumed to belong to the state.
The President may enter into agreements with foreign-
owned corporations involving either technical or financial Imperium- Refers to the government authority possessed by
assistance for large-scale exploration, development, and the state which is appropriately embraced in sovereignty.
utilization of minerals, petroleum, and other mineral oils
according to the general terms and conditions provided by Dominium- Refers to the capacity of the state to own or
law, based on real contributions to the economic growth acquire property, and in this sense, that the said lands are
and general welfare of the country. In such agreements, the held by the state in its proprietary character. It is in this
State shall promote the development and use of local capacity that the state may provide for the exploitation and
scientific and technical resources. use of lands and other natural resources, including their
disposition, except as limited by the constitution.
The President shall notify the Congress of every contract
entered into in accordance with this provision, within thirty
days from its execution.
Page | 22
SECTION 3. Lands of the public domain are classified into Further classification of agricultural lands
agricultural, forest or timber, mineral lands, and national 1. Residential
parks. Agricultural lands of the public domain may be 2. Commercial
further classified by law according to the uses which they 3. Industrial
may be devoted. Alienable lands of the public domain shall
be limited to agricultural lands. Private corporations or Cities and Municipalities- Has the authority to re-classify
associations may not hold such alienable lands of the public agricultural lands.
domain except by lease, for a period not exceeding twenty-
five years, renewable for not more than twenty-five years, Classification of agricultural lands to forest conservation
and not to exceed one thousand hectares in area. Citizens of zones- Only the president has the power to reclassify upon
the Philippines may lease not more than five hundred the recommendation of the DENR.
hectares, or acquire not more than twelve hectares thereof
by purchase, homestead, or grant. SECTION 4. The Congress shall, as soon as possible,
determine by law the specific limits of forest lands and
Taking into account the requirements of conservation, national parks, marking clearly their boundaries on the
ecology, and development, and subject to the requirements ground. Thereafter, such forest lands and national parks
of agrarian reform, the Congress shall determine, by law, shall be conserved and may not be increased nor
the size of lands of the public domain which may be diminished, except by law. The Congress shall provide, for
acquired, developed, held, or leased and the conditions such period as it may determine, measures to prohibit
therefor. logging in endangered forests and watershed areas.
Primary classification of lands of the public domain SECTION 5. The State, subject to the provisions of this
1. Agricultural land Constitution and national development policies and
2. Forest land programs, shall protect the rights of indigenous cultural
3. Timber land communities to their ancestral lands to ensure their
4. Mineral land economic, social, and cultural well-being.
5. National Park
The Congress may provide for the applicability of customary
Alienable lands of the public domain- Limited to agricultural laws governing property rights or relations in determining
lands. Which may be disposed by the state either by the ownership and extent of ancestral domain.
purchase, homestead or grant or lease.
Ancestral Lands- As defined under RA 6657 Section 9, refer
Limitations of alienation of lands by the state to ancestral land of each indigenous cultural community
which shall include, but not limited to lands in the actual,
1. Alienable lands shall be limited to agricultural lands. continuous, and open possession and occupation of the
community and its members, provided that the Torrens
2. Only Filipino citizens may acquire not more than 12 System shall be respected.
hectares by purchase, homestead, or grant, or lease not more
than 500 hectares. RA 6657 Protection to each indigenous cultural
communities- The right of these communities to their
3. Private corporations may lease not more than 1000 ancestral lands shall be protected to ensure their economic,
hectares for 25 years renewable for another 25 years. social, and cultural well-being. In line with the principles of
self-determination and autonomy, the systems of land
What is the size of lands of the public domain which may be ownership, land use, and the modes of settling land disputes
acquired, developed, held, or leased and the conditions of all these communities must be recognized and respected.
therefor- Congress shall determine this by law considering
the requirements of conservation, ecology, development, and SECTION 6. The use of property bears a social function, and
agrarian reform. all economic agents shall contribute to the common good.
Individuals and private groups, including corporations,
Agricultural Land- Refers to the land devoted to agricultural cooperatives, and similar collective organizations, shall have
activity, as defined in the said law and not classified as the right to own, establish, and operate economic
mineral, forest, residential, commercial, or industrial land. enterprises, subject to the duty of the State to promote
distributive justice and to intervene when the common good
President- Power to classify the primary classifications of so demands.
lands.
Page | 23
Agrarian reform mandated by RA 6657 and section 6- Land agencies, various private sectors, and local government
has a social function, hence, there is a concomitant social units, recommend to Congress, and implement continuing
responsibility in its ownership and should, therefore, be integrated and coordinated programs and policies for
distributed to the actual tillers/ occupants. national development.
Until the Congress provides otherwise, the National
SECTION 7. Save in cases of hereditary succession, no private Economic and Development Authority shall function as the
lands shall be transferred or conveyed except to individuals, independent planning agency of the government.
corporations, or associations qualified to acquire or hold
lands of the public domain. SECTION 10. The Congress shall, upon recommendation of
the economic and planning agency, when the national
SECTION 8. Notwithstanding the provisions of Section 7 of interest dictates, reserve to citizens of the Philippines or to
this Article, a natural-born citizen of the Philippines who has corporations or associations at least sixty per centum of
lost his Philippine citizenship may be a transferee of private whose capital is owned by such citizens, or such higher
lands, subject to limitations provided by law. percentage as Congress may prescribe, certain areas of
investments. The Congress shall enact measures that will
Former natural-born Filipino citizen may acquire up to 5000 encourage the formation and operation of enterprises
sqm of urban lands and 3 hectares of rural land which may whose capital is wholly owned by Filipinos.
not be used for business and for other purposes. Under BP
185, the said land may be used as residence. In the grant of rights, privileges, and concessions covering
the national economy and patrimony, the State shall give
Parity Amendment- American citizens and controlled preference to qualified Filipinos.
corporations cannot validly acquire private agricultural lands
under this, since the exceptional rights granted to them The State shall regulate and exercise authority over foreign
under the said amendment refer only to agricultural, mineral, investments within its national jurisdiction and in
and timber lands of the public domain and natural resources, accordance with its national goals and priorities.
and conduct and operation of public utilities. But this was
abandoned by the 1973 constitution. Hence, titles to private SECTION 11. No franchise, certificate, or any other form of
land acquired by such persons before such date shall be valid authorization for the operation of a public utility shall be
as against other private persons only. Private land acquired granted except to citizens of the Philippines or to
by said persons before July 3, 1973 shall be valid as against corporations or associations organized under the laws of the
other private persons only. Philippines at least sixty per centum of whose capital is
owned by such citizens, nor shall such franchise, certificate,
Action for reversion or authorization be exclusive in character or for a longer
period than fifty years. Neither shall any such franchise or
Private lands under control and possession of disqualified right be granted except under the condition that it shall be
aliens can be recovered by the state through institution of an subject to amendment, alteration, or repeal by the Congress
action for reversion of said lands under the Public Land Act when the common good so requires. The State shall
and the power of the state to do so is imprescriptible. encourage equity participation in public utilities by the
general public. The participation of foreign investors in the
It is the state alone which may institute reversion proceeding governing body of any public utility enterprise shall be
under the Public Land Act or file a suit for conveyance. Private limited to their proportionate share in its capital, and all the
persons are not proper parties to file an action for executive and managing officers of such corporation or
reconveyance. association must be citizens of the Philippines.
Page | 24
3. Said franchise or right shall be granted under the condition granted license and is actually practicing therein unduly
that it shall be subject to amendment, alteration, or repeal by expands the requirements provided under the said laws.
the congress when the common good so requires.
In re: Benjamin M. Dacanay- It was held that a Filipino lawyer
Public utility- Is one organized for hire or compensation to who becomes citizen of another country is deemed never to
serve the public, and the public, in turn, has the right to have lost his Philippine citizenship if he reacquires it in
demand its service. accordance with RA 9225.
SECTION 12. The State shall promote the preferential use of Although he is also deemed never to have terminated his
Filipino labor, domestic materials and locally produced membership in the Philippine Bar, no automatic right to
goods, and adopt measures that help make them resume law practice accrues. Before he can resume his law
competitive. practice, he must secure first from the Supreme Court the
authority to do so under certain conditions.
SECTION 13. The State shall pursue a trade policy that serves
the general welfare and utilizes all forms and arrangements SECTION 17. In times of national emergency, when the
of exchange on the basis of equality and reciprocity. public interest so requires, the State may, during the
emergency and under reasonable terms prescribed by it,
SECTION 14. The sustained development of a reservoir of temporarily take over or direct the operation of any
national talents consisting of Filipino scientists, privately owned public utility or business affected with
entrepreneurs, professionals, managers, high-level technical public interest.
manpower and skilled workers and craftsmen in all fields
shall be promoted by the State. The State shall encourage SECTION 18. The State may, in the interest of national
appropriate technology and regulate its transfer for the welfare or defense, establish and operate vital industries
national benefit. and, upon payment of just compensation, transfer to public
ownership utilities and other private enterprises to be
The practice of all professions in the Philippines shall be operated by the Government.
limited to Filipino citizens, save in cases prescribed by law.
SECTION 19. The State shall regulate or prohibit monopolies
SECTION 15. The Congress shall create an agency to promote when the public interest so requires. No combinations in
the viability and growth of cooperatives as instruments for restraint of trade or unfair competition shall be allowed.
social justice and economic development.
SECTION 20. The Congress shall establish an independent
SECTION 16. The Congress shall not, except by general law, central monetary authority, the members of whose
provide for the formation, organization, or regulation of governing board must be natural-born Filipino citizens, of
private corporations. Government-owned or controlled known probity, integrity, and patriotism, the majority of
corporations may be created or established by special whom shall come from the private sector. They shall also be
charters in the interest of the common good and subject to subject to such other qualifications and disabilities as may
the test of economic viability. be prescribed by law. The authority shall provide policy
direction in the areas of money, banking, and credit. It shall
Practice of professions- The practice of all professions in the have supervision over the operations of banks and exercise
Philippines shall be limited to Filipino citizens, save in cases such regulatory powers as may be provided by law over the
provided by law. operations of finance companies and other institutions
performing similar functions.
Board of Medicine v Ota- The court held that RA 2382 and PD
23, does not provide that the foreign applicant must show Until the Congress otherwise provides, the Central Bank of
that the conditions for the practice of medicine in said the Philippines, operating under existing laws, shall function
country are practical and attainable by Filipinos. Neither is it as the central monetary authority.
stated that it must first be proven that a Filipino has been
granted license and allowed to practice his profession in said SECTION 21. Foreign loans may only be incurred in
country before a foreign applicant may be given license to accordance with law and the regulation of the monetary
practice in the Philippines. authority. Information on foreign loans obtained or
guaranteed by the Government shall be made available to
It is enough that the laws in the foreign country permit a the public.
Filipino to get a license and practice thereon, requiring the
respondent to prove first that a Filipino has already been SECTION 22. Acts which circumvent or negate any of the
provisions of this Article shall be considered inimical to the
Page | 25
national interest and subject to criminal and civil sanctions, sharing of the social and material goods on the basis of
as may be provided by law. efforts exerted in their production. It is a command to devise
social measures but it cannot be used to trample upon the
Article XIII: Social Justice and Human Rights rights of others.
To this end, the State shall regulate the acquisition, It shall guarantee the rights of all workers to self-
ownership, use, and disposition of property and its organization, collective bargaining and negotiations, and
increments. peaceful concerted activities, including the right to strike in
accordance with law. They shall be entitled to security of
tenure, humane conditions of work, and a living wage. They
SECTION 2. The promotion of social justice shall include the shall also participate in policy and decision-making
commitment to create economic opportunities based on processes affecting their rights and benefits as may be
freedom of initiative and self-reliance. provided by law.
Just and Dynamic Social Order- It is the foundation of a string The State shall promote the principle of shared
and prosperous nation. Poverty and injustice are the root responsibility between workers and employers and the
causes of public discontent which gives rise to chaos and preferential use of voluntary modes in settling disputes,
disorder, and later to a revolution. including conciliation, and shall enforce their mutual
compliance therewith to foster industrial peace.
Social Justice- Means the promotion of the welfare of all the
people, the adoption by the government of measures The State shall regulate the relations between workers and
calculated to insure economic stability of all the component employers, recognizing the right of labor to its just share in
elements of the society, through the maintenance of a the fruits of production and the right of enterprises to
proper economic and social equilibrium in the interrelations reasonable returns on investments, and to expansion and
of the members of the community, constitutionally, through growth.
the adoption of measures legally justifiable, or extra-
constitutionally, through the exercise of powers underlying Responsibilities of the state under Section 3
the existence of all governments on the time honored
principle of salus populi est suprema lex. 1. Full protection to labor, local and overseas, organized and
unorganized
Ways social justice can be promoted
1. The congress shall give highest priority to the enactment of 2. Promote full employment and equality of employment
measures that protect and enhance the right of all the people opportunities for all
to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequalities by diffusing 3. It shall guarantee the rights of the workers to
wealth and political power for the common good. a. Self-organization
b. Collective bargaining and negotiations
2. The state shall regulate the acquisition, ownership, use and c. Peaceful concerted activities
disposition of property and its increments. d. The right to strike in accordance with law
3. The promotion of social justice shall include the 4. The state shall promote the principle of shared
commitment to create economic opportunities based on responsibility between workers and employers and the
freedom of initiative and self-reliance. preferential use of voluntary modes in settling disputes.
National Service Corporation vs NLRC- Social justice does not 5. The state shall regulate the relations between workers and
champion division of property or equality of economic status, employers, recognizing the right of labor to its just share in
what it and the constitution do guarantee are equality of the fruits of production and the right of enterprises to
opportunity, equality of political rights, equality before the reasonable returns on investments.
law, equality between values given and received, equitable
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Social Security System Employees Associations Inc. vs CA, SECTION 8. The State shall provide incentives to landowners
Manila Public School Teachers Association v Laguro Jr, to invest the proceeds of the agrarian reform program to
Alliance of Government Workers vs Minister of Labor and promote industrialization, employment creation, and
Employment- Government employees have the right to privatization of public sector enterprises. Financial
organize and form unions and associations but not the right instruments used as payment for their lands shall be
to strike and engage in similar activities. honored as equity in enterprises of their choice.
Agrarian and Natural Resources Reform Agrarian Reform- Means the redistribution of lands,
regardless of crops or fruits produced, to farmers and regular
SECTION 4. The State shall, by law, undertake an agrarian farmworkers who are landless, irrespective of tenurial
reform program founded on the right of farmers and regular arrangement, to include the totality of factors and support
farmworkers, who are landless, to own directly or services designed to lift the economic status of th
collectively the lands they till or, in the case of other beneficiaries and all other arrangements alternative to the
farmworkers, to receive a just share of the fruits thereof. To physical redistribution of lands, such as product or profit
this end, the State shall encourage and undertake the just sharing, labor administration, and the distribution of shares
distribution of all agricultural lands, subject to such of stock, which will allow beneficiaries to receive a just share
priorities and reasonable retention limits as the Congress of the fruits of the lands they work. (Section 3, RA 6657)
may prescribe, taking into account ecological,
developmental, or equity considerations, and subject to the Association of Small Landowners in the Philippines vs
payment of just compensation. In determining retention Secretary of Agrarian Reform- The taking contemplated is
limits, the State shall respect the right of small landowners. not a mere limitation of the use of the land. What is required
The State shall further provide incentives for voluntary land- is the surrender of the land and the physical possession of the
sharing. land in excess of the retention limit and all the beneficial
rights accruing to the owner in favor of the former
SECTION 5. The State shall recognize the right of farmers, beneficiary. This is within the power of the state to take and
farmworkers, and landowners, as well as cooperatives, and regulate private property for which payment of just
other independent farmers’ organizations to participate in compensation is provided—Revolutionary kind of
the planning, organization, and management of the expropriation.
program, and shall provide support to agriculture through
appropriate technology and research, and adequate Retention limit provided under RA 6657
financial, production, marketing, and other support services.
The land to be retained by the landowner shall not exceed 5
SECTION 6. The State shall apply the principles of agrarian hectares, but 3 hectares may be awarded to each child of the
reform or stewardship, whenever applicable in accordance landowner subject to the following qualifications:
with law, in the disposition or utilization of other natural 1. That he is at least 15 years old.
resources, including lands of the public domain under lease 2. That he is actually tilling the land or directly managing rhe
or concession suitable to agriculture, subject to prior rights, farm.
homestead rights of small settlers, and the rights of
indigenous communities to their ancestral lands. Rights of substinence fishermen and fish workers
1. Preferential use of the communal marine and fishing
The State may resettle landless farmers and farmworkers in resources both inland and offshore.
its own agricultural estates which shall be distributed to 2. To receive a just share from their labor in the utilization of
them in the manner provided by law. marine and fishing resources.
SECTION 7. The State shall protect the rights of subsistence Support provided by the state to fishermen
fishermen, especially of local communities, to the 1. Appropriate technology and research.
preferential use of local marine and fishing resources, both 2. Adequate financial, production and marketing assistance.
inland and offshore. It shall provide support to such 3. Other services.
fishermen through appropriate technology and research, 4. The state shall also protect, develop, and conserve such
adequate financial, production, and marketing assistance, resources.
and other services. The State shall also protect, develop, and
conserve such resources. The protection shall extend to Urban Land Reform and Housing
offshore fishing grounds of subsistence fishermen against
foreign intrusion. Fishworkers shall receive a just share from SECTION 9. The State shall, by law, and for the common
their labor in the utilization of marine and fishing resources. good, undertake, in cooperation with the public sector, a
continuing program of urban land reform and housing which
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will make available at affordable cost decent housing and SECTION 16. The right of the people and their organizations
basic services to underprivileged and homeless citizens in to effective and reasonable participation at all levels of
urban centers and resettlements areas. It shall also promote social, political, and economic decision-making shall not be
adequate employment opportunities to such citizens. In the abridged. The State shall, by law, facilitate the
implementation of such program the State shall respect the establishment of adequate consultation mechanisms.
rights of small property owners.
Human Rights
SECTION 10. Urban or rural poor dwellers shall not be
evicted nor their dwellings demolished, except in SECTION 17. (1) There is hereby created an independent
accordance with law and in a just and humane manner. office called the Commission on Human Rights.
No resettlement of urban or rural dwellers shall be (2) The Commission shall be composed of a Chairman and
undertaken without adequate consultation with them and four Members who must be natural-born citizens of the
the communities where they are to be relocated. Philippines and a majority of whom shall be members of the
Bar. The term of office and other qualifications and
Health disabilities of the Members of the Commission shall be
provided by law.
SECTION 11. The State shall adopt an integrated and
comprehensive approach to health development which shall (3) Until this Commission is constituted, the existing
endeavor to make essential goods, health and other social Presidential Committee on Human Rights shall continue to
services available to all the people at affordable cost. There exercise its present functions and powers.
shall be priority for the needs of the underprivileged sick,
elderly, disabled, women, and children. The State shall (4) The approved annual appropriations of the Commission
endeavor to provide free medical care to paupers. shall be automatically and regularly released.
SECTION 12. The State shall establish and maintain an SECTION 18. The Commission on Human Rights shall have
effective food and drug regulatory system and undertake the following powers and functions:
appropriate health manpower development and research,
responsive to the country’s health needs and problems. (1) Investigate, on its own or on complaint by any party, all
forms of human rights violations involving civil and political
SECTION 13. The State shall establish a special agency for rights;
disabled persons for rehabilitation, self-development and
self-reliance, and their integration into the mainstream of (2) Adopt its operational guidelines and rules of procedure,
society. and cite for contempt for violations thereof in accordance
with the Rules of Court;
Women
(3) Provide appropriate legal measures for the protection of
SECTION 14. The State shall protect working women by human rights of all persons within the Philippines, as well as
providing safe and healthful working conditions, taking into Filipinos residing abroad, and provide for preventive
account their maternal functions, and such facilities and measures and legal aid services to the underprivileged
opportunities that will enhance their welfare and enable whose human rights have been violated or need protection;
them to realize their full potential in the service of the
nation. (4) Exercise visitorial powers over jails, prisons, or detention
facilities;
Role and Rights of People’s Organizations
(5) Establish a continuing program of research, education,
SECTION 15. The State shall respect the role of independent and information to enhance respect for the primacy of
people’s organizations to enable the people to pursue and human rights;
protect, within the democratic framework, their legitimate
and collective interests and aspirations through peaceful (6) Recommend to the Congress effective measures to
and lawful means. promote human rights and to provide for compensation to
victims of violations of human rights, or their families;
People’s organizations are bona fide associations of citizens
with demonstrated capacity to promote the public interest (7) Monitor the Philippine Government’s compliance with
and with identifiable leadership, membership, and international treaty obligations on human rights;
structure.
Page | 28
(8) Grant immunity from prosecution to any person whose (5) Provide adult citizens, the disabled, and out-of-school
testimony or whose possession of documents or other youth with training in civics, vocational efficiency, and other
evidence is necessary or convenient to determine the truth skills.
in any investigation conducted by it or under its authority;
Elementary education- Compulsory for all children of school
(9) Request the assistance of any department, bureau, age.
office, or agency in the performance of its functions;
Free Public Secondary Act of 1988- Law that was enacted by
(10) Appoint its officers and employees in accordance with congress in compliance with the constitutional mandate
law; and regarding free public education in the high school level.
(11) Perform such other duties and functions as may be SECTION 3. (1) All educational institutions shall include the
provided by law. study of the Constitution as part of the curricula.
SECTION 19. The Congress may provide for other cases of (2) They shall inculcate patriotism and nationalism, foster
violations of human rights that should fall within the love of humanity, respect for human rights, appreciation of
authority of the Commission, taking into account its the role of national heroes in the historical development of
recommendations. the country, teach the rights and duties of citizenship,
strengthen ethical and spiritual values, develop moral
CHRB- It is not a court of justice or quasi-judicial agency. Its character and personal discipline, encourage critical and
function is merely to receive evidence and make findings of creative thinking, broaden scientific and technological
fact regarding human rights violations involving civil or knowledge, and promote vocational efficiency.
political rights. It cannot issue injunction or restraining order.
ARTICLE XIV: Education, Science and Technology, Arts, (3) At the option expressed in writing by the parents or
Culture, and Sports guardians, religion shall be allowed to be taught to their
children or wards in public elementary and high schools
Education within the regular class hours by instructors designated or
approved by the religious authorities of the religion to
SECTION 1. The State shall protect and promote the right of which the children or wards belong, without additional cost
all citizens to quality education at all levels and shall take to the Government.
appropriate steps to make such education accessible to all.
Optional religious instruction limitations
SECTION 2. The State shall:
1. The option must be expressed in writing by the parents or
(1) Establish, maintain, and support a complete, adequate, guardians.
and integrated system of education relevant to the needs of
the people and society; 2. Religion shall be allowed to be taught to their children
within the regular class hours.
(2) Establish and maintain a system of free public education
in the elementary and high school levels. Without limiting 3. Religion shall be taught by instructors designated or
the natural right of parents to rear their children, approved by the religious authorities of the religion to which
elementary education is compulsory for all children of the children or wards belong, without additional cost to the
school age; government.
(3) Establish and maintain a system of scholarship grants, SECTION 4. (1) The State recognizes the complementary
student loan programs, subsidies, and other incentives roles of public and private institutions in the educational
which shall be available to deserving students in both public system and shall exercise reasonable supervision and
and private schools, especially to the underprivileged; regulation of all educational institutions.
(4) Encourage non-formal, informal, and indigenous learning (2) Educational institutions, other than those established by
systems, as well as self-learning, independent, and out-of- religious groups and mission boards, shall be owned solely
school study programs particularly those that respond to by citizens of the Philippines or corporations or associations
community needs; and at least sixty per centum of the capital of which is owned by
such citizens. The Congress may, however, require increased
Filipino equity participation in all educational institutions.
Page | 29
The control and administration of educational institutions Academic Freedom of a faculty member
shall be vested in citizens of the Philippines.
1. Full freedom in research and publication of the same- but is
No educational institution shall be established exclusively subject to the adequate performance of his academic duties.
for aliens and no group of aliens shall comprise more than
one-third of the enrollment in any school. The provisions of 2. Freedom to discuss his subject in the classroom- Subject to
this subsection shall not apply to schools established for the responsibility not to teach matters not related to his
foreign diplomatic personnel and their dependents and, subject.
unless otherwise provided by law, for other foreign
temporary residents. 3. Freedom from institutional censorship or discipline-
Subject to the responsibility to be accurate, to respect the
(3) All revenues and assets of non-stock, non-profit opinions of others, and to exercise restraint.
educational institutions used actually, directly, and
exclusively for educational purposes shall be exempt from Academic freedom of an institution of higher learning- It is
taxes and duties. Upon the dissolution or cessation of the the freedom of the school or college to decide on what it
corporate existence of such institutions, their assets shall be aims and objectives will be and what is the best manner to
disposed of in the manner provided by law. attain the same. It is free to determine for itself on academic
grounds
Proprietary educational institutions, including those 1. who may teach
cooperatively owned, may likewise be entitled to such 2. what may be taught
exemptions subject to the limitations provided by law 3. how it shall be taught
including restrictions on dividends and provisions for 4. who may be admitted to study.
reinvestment.
Garcia vs Faculty Admission Committee, Loyola School of
(4) Subject to conditions prescribed by law, all grants, Theology- As a rule, courts cannot interfere with the
endowments, donations, or contributions used actually, academic judgment of the school, of its faculty and the
directly, and exclusively for educational purposes shall be proper authorities as to the competence and fitness of an
exempt from tax. applicant for enrollment. The only exception is if the action of
the school is tainted with arbitrariness.
SECTION 5. (1) The State shall take into account regional and
sectoral needs and conditions and shall encourage local Termination of contract rule- It means that when a student
planning in the development of educational policies and enrolls in a given school, he is registering for the entire
programs. semester and after the semester ends, the school has no duty
to accept him, because the contract is deemed terminated.
(2) Academic freedom shall be enjoyed in all institutions of
higher learning. Valid grounds to deny re-admission of students
1. Academic deficiency
(3) Every citizen has a right to select a profession or course 2. Breach of the school’s reasonable rules of conduct.
of study, subject to fair, reasonable, and equitable
admission and academic requirements. Minimum standards of procedural due process when
disciplinary sanctions are imposed to students of a school
(4) The State shall enhance the right of teachers to
professional advancement. Non-teaching academic and non- 1. The students must be informed in writing of the nature and
academic personnel shall enjoy the protection of the State. cause of the accusation against them.
(5) The State shall assign the highest budgetary priority to 2. They shall have the right to answer the charges against
education and ensure that teaching will attract and retain its them.
rightful share of the best available talents through adequate
remuneration and other means of job satisfaction and 3. They shall be informed of the evidence against them.
fulfillment.
4. The evidence must be duly considered by the investigating
Academic Freedom- Freedom of a faculty member or the committee or official designated by the school authorities to
freedom of an academic institution of higher learning. hear and decide the case.
Page | 30
UP Board of Regents vs William- A university have the right Scholarships, grants-in-aid, or other forms of incentives shall
to revoke or withdraw the honor or distinction it has awarded be provided to deserving science students, researchers,
to a student who already graduated. scientists, inventors, technologists, and specially gifted
citizens.
Cagayan Capitol College vs NLRC- It is still the discretion of
the school to determine whether the performance of the said SECTION 12. The State shall regulate the transfer and
teacher is satisfactory or not and whether the said teacher promote the adaptation of technology from all sources for
has met its standards. the national benefit. It shall encourage the widest
participation of private groups, local governments, and
Language community-based organizations in the generation and
utilization of science and technology.
SECTION 6. The national language of the Philippines is
Filipino. As it evolves, it shall be further developed and SECTION 13. The State shall protect and secure the exclusive
enriched on the basis of existing Philippine and other rights of scientists, inventors, artists, and other gifted
languages. citizens to their intellectual property and creations,
particularly when beneficial to the people, for such period
Subject to provisions of law and as the Congress may deem as may be provided by law.
appropriate, the Government shall take steps to initiate and
sustain the use of Filipino as a medium of official Arts and Culture
communication and as language of instruction in the
educational system. SECTION 14. The State shall foster the preservation,
enrichment, and dynamic evolution of a Filipino national
SECTION 7. For purposes of communication and instruction, culture based on the principle of unity in diversity in a
the official languages of the Philippines are Filipino and, climate of free artistic and intellectual expression.
until otherwise provided by law, English.
SECTION 15. Arts and letters shall enjoy the patronage of
The regional languages are the auxiliary official languages in the State. The State shall conserve, promote, and popularize
the regions and shall serve as auxiliary media of instruction the nation’s historical and cultural heritage and resources,
therein. as well as artistic creations.
Spanish and Arabic shall be promoted on a voluntary and SECTION 16. All the country’s artistic and historic wealth
optional basis. constitutes the cultural treasure of the nation and shall be
under the protection of the State which may regulate its
SECTION 8. This Constitution shall be promulgated in Filipino disposition.
and English and shall be translated into major regional
languages, Arabic, and Spanish. SECTION 17. The State shall recognize, respect, and protect
SECTION 9. The Congress shall establish a national language the rights of indigenous cultural communities to preserve
commission composed of representatives of various regions and develop their cultures, traditions, and institutions. It
and disciplines which shall undertake, coordinate, and shall consider these rights in the formulation of national
promote researches for the development, propagation, and plans and policies.
preservation of Filipino and other languages.
SECTION 18. (1) The State shall ensure equal access to
Science and Technology cultural opportunities through the educational system,
public or private cultural entities, scholarships, grants and
SECTION 10. Science and technology are essential for other incentives, and community cultural centers, and other
national development and progress. The State shall give public venues.
priority to research and development, invention,
innovation, and their utilization; and to science and (2) The State shall encourage and support researches and
technology education, training, and services. It shall support studies on the arts and culture.
indigenous, appropriate, and self-reliant scientific and
technological capabilities, and their application to the Sports
country’s productive systems and national life.
SECTION 19. (1) The State shall promote physical education
SECTION 11. The Congress may provide for incentives, and encourage sports programs, league competitions, and
including tax deductions, to encourage private participation amateur sports, including training for international
in programs of basic and applied scientific research. competitions, to foster self-discipline, teamwork, and
Page | 31
excellence for the development of a healthy and alert SECTION 4. The family has the duty to care for its elderly
citizenry. members but the State may also do so through just
programs of social security.
(2) All educational institutions shall undertake regular sports
activities throughout the country in cooperation with ARTICLE XVI: General Provisions
athletic clubs and other sectors.
SECTION 1. The flag of the Philippines shall be red, white,
ARTICLE XV: The Family and blue, with a sun and three stars, as consecrated and
honored by the people and recognized by law.
SECTION 1. The State recognizes the Filipino family as the
foundation of the nation. Accordingly, it shall strengthen its SECTION 2. The Congress may, by law, adopt a new name for
solidarity and actively promote its total development. the country, a national anthem, or a national seal, which
shall all be truly reflective and symbolic of the ideals,
3 Responsibilities of the state when the Constitution states history, and traditions of the people. Such law shall take
that the “The state recognizes the sanctity of family life” effect only upon its ratification by the people in a national
referendum.
1. It shall protect and strengthen the family as a basic
autonomous social institution. SECTION 3. The State may not be sued without its consent.
2. It shall equally protect the life of the mother and the life of Procedure to prosecute the claim of the government- Under
the unborn from conception. CA no 327 as amended by PD 1445, A claim against the
government must first be filed with the Commission on Audit,
3. The natural primary right and duty of parents in the rearing which must act upon it within 60 days. If the claim is rejected,
of the youth for civic efficiency and the development of moral the clamant is authorized to elevate the matter to the
character shall receive the aid and support of the Supreme Court on certiorari and in effect sue the state with
government. its consent.
Family as basic autonomous social institution- The family is a Meritt v Government- The driver of the ambulance of the
social institution because it forms part of the community. Philippine General Hospital was not considered as an agent
Without a family or group of families, the community has no and the said hospital is therefore not liable for the negligence
one to depend on for any project it wishes to carry out. of the ambulance driver.
SECTION 2. Marriage, as an inviolable social institution, is SECTION 4. The Armed Forces of the Philippines shall be
the foundation of the family and shall be protected by the composed of a citizen armed force which shall undergo
State. military training and serve, as may be provided by law. It
shall keep a regular force necessary for the security of the
SECTION 3. The State shall defend: State.
(1) The right of spouses to found a family in accordance with SECTION 5. (1) All members of the armed forces shall take
their religious convictions and the demands of responsible an oath or affirmation to uphold and defend this
parenthood; Constitution.
(2) The right of children to assistance, including proper care (2) The State shall strengthen the patriotic spirit and
and nutrition, and special protection from all forms of nationalist consciousness of the military, and respect for
neglect, abuse, cruelty, exploitation, and other conditions people’s rights in the performance of their duty.
prejudicial to their development;
(3) Professionalism in the armed forces and adequate
(3) The right of the family to a family living wage and remuneration and benefits of its members shall be a prime
income; and concern of the State. The armed forces shall be insulated
from partisan politics.
(4) The right of families or family associations to participate
in the planning and implementation of policies and No member of the military shall engage directly or indirectly
programs that affect them. in any partisan political activity, except to vote.
Page | 32
capacity to a civilian position in the Government including The Congress shall regulate or prohibit monopolies in
government-owned or controlled corporations or any of commercial mass media when the public interest so
their subsidiaries. requires. No combinations in restraint of trade or unfair
competition therein shall be allowed.
(5) Laws on retirement of military officers shall not allow
extension of their service. (2) The advertising industry is impressed with public
interest, and shall be regulated by law for the protection of
(6) The officers and men of the regular force of the armed consumers and the promotion of the general welfare.
forces shall be recruited proportionately from all provinces
and cities as far as practicable. Only Filipino citizens or corporations or associations at least
seventy per centum of the capital of which is owned by such
(7) The tour of duty of the Chief of Staff of the armed forces citizens shall be allowed to engage in the advertising
shall not exceed three years. However, in times of war or industry.
other national emergency declared by the Congress, the
President may extend such tour of duty. The participation of foreign investors in the governing body
of entities in such industry shall be limited to their
SECTION 6. The State shall establish and maintain one police proportionate share in the capital thereof, and all the
force, which shall be national in scope and civilian in executive and managing officers of such entities must be
character, to be administered and controlled by a national citizens of the Philippines.
police commission. The authority of local executives over
the police units in their jurisdiction shall be provided by law. SECTION 12. The Congress may create a consultative body to
advise the President on policies affecting indigenous cultural
National Police Commission- Has control and administration communities, the majority of the members of which shall
over all police units in the Philippines. come from such communities.
Nature of our police force- One police force which shall be ARTICLE XVII: Amendments or Revisions
national in scope and civilian in character.
SECTION 1. Any amendment to, or revision of, this
SECTION 7. The State shall provide immediate and adequate Constitution may be proposed by:
care, benefits, and other forms of assistance to war veterans
and veterans of military campaigns, their surviving spouses (1) The Congress, upon a vote of three-fourths of all its
and orphans. Funds shall be provided therefor and due Members; or
consideration shall be given them in the disposition of
agricultural lands of the public domain and, in appropriate (2) A constitutional convention.
cases, in the utilization of natural resources.
Revision- Is the rewriting or overhauling of the entire
SECTION 8. The State shall, from time to time, review to instrument.
upgrade the pensions and other benefits due to retirees of
both the government and the private sectors. Amendment- Is a change or alteration for the better, an
amendment or change within the lines of the original
SECTION 9. The State shall protect consumers from trade instrument which will bring about improvement.
malpractices and from substandard or hazardous products.
Steps required in the revision or amendment of the
SECTION 10. The State shall provide the policy environment constitution
for the full development of Filipino capability and the
emergence of communication structures suitable to the 1. Proposal- Is the motion of initiating suggestions or
needs and aspirations of the nation and the balanced flow proposals on the amendment or revision which may either be
of information into, out of, and across the country, in a. Congress upon a vote of ¾ of all its members.
accordance with a policy that respects the freedom of b. Constitutional convention
speech and of the press. c. People through initiative
SECTION 11. (1) The ownership and management of mass 2. Ratification- Is the sovereign act vested in the Filipino
media shall be limited to citizens of the Philippines, or to People to either reject or approve the proposals to amend or
corporations, cooperatives or associations, wholly-owned revise the constitution. The ratificatory process is found and
and managed by such citizens. outlined in Section 4, Article XVII of the Constitution.
Page | 33
Revision of the Constitution: 2 modes 2. The power may be exercised only once every five years
1. By congress upon a vote of ¾ of all its members. thereafter.
2. By a Constitutional convention
Contents of the petition
If congress chooses to call a constitutional convention to 1. Contents or text of the proposed law sought to be enacted,
revise the constitution it may either: approved, or rejected, amended, or repealed, as the case may
1. Call a constitutional convention by a vote of 2/3 of be.
all its members. 2. The proposition
2. Submit to the electorate the question or calling 3. Reason or reasons thereof
such a body by a majority vote of all its members. 4. That it is not one of the exceptions provided therein.
5. Signatures of the petitioners or registered voters.
Amendment effected by 6. Abstract of summary proposition in not more than 100
1. Congress upon a vote if ¾ of all its members. words which shall be legibly written or printed at the top of
2. Constitutional Convention every page of the petition.
3. People’s Initiative
SECTION 3. The Congress may, by a vote of two-thirds of all
SECTION 2. Amendments to this Constitution may likewise its Members, call a constitutional convention, or by a
be directly proposed by the people through initiative upon a majority vote of all its Members, submit to the electorate
petition of at least twelve per centum of the total number of the question of calling such a convention.
registered voters, of which every legislative district must be SECTION 4. Any amendment to, or revision of, this
represented by at least three per centum of the registered Constitution under Section 1 hereof shall be valid when
voters therein. No amendment under this section shall be ratified by a majority of the votes cast in a plebiscite which
authorized within five years following the ratification of this shall be held not earlier than sixty days nor later than ninety
Constitution nor oftener than once every five years days after the approval of such amendment or revision.
thereafter.
Any amendment under Section 2 hereof shall be valid when
The Congress shall provide for the implementation of the ratified by a majority of the votes cast in a plebiscite which
exercise of this right. shall be held not earlier than sixty days nor later than ninety
days after the certification by the Commission on Elections
People’s initiative- Is the power of the people to propose of the sufficiency of the petition.
amendments to the constitution, or to propose and enact
legislations through an election called for the purpose. Ratification- It is the direct approval of the people of the
amendment to, or revision of the constitution.
3 Systems of initiative
1. Initiative on the constitution ARTICLE XVIII: Transitory Provisions
2. Initiative on statutes
3. Initiative on local legislation SECTION 1. The first elections of Members of the Congress
under this Constitution shall be held on the second Monday
Requirements and limitations to people’s initiative of May, 1987.
Initiative to amend the constitution may be effected through The first local elections shall be held on a date to be
a petition subject to the following conditions determined by the President, which may be simultaneous
with the election of the Members of the Congress. It shall
1. Written petition include the election of all Members of the city or municipal
2. Petition must have at least 12% of the total number of councils in the Metropolitan Manila area.
registered voters as signatories. Transitory provisions- Are transient or temporary in nature.
They are intended to attain smooth transition from the old
3. Of the 12% total registered voters, at least every legislative government to the new one under the new constitution. The
district must be represented by 3% of the registered voters purpose for which a transitory provision is enacted is deemed
therein. accomplished after the said provision is carried out,
implemented, or fulfilled. There being no specific date that is
Limitations on the exercise of people’s initiative fixed for the exact fulfillment of the same, except as
otherwise indicated in some instances, they shall continue to
1. The power of initiative shall be exercised 5 years after the exist until the purpose or purposes for their enactment are
ratification of the 1987 constitution. attained of fulfilled.
Page | 34
SECTION 2. The Senators, Members of the House of laws not inconsistent with this Constitution shall remain
Representatives, and the local officials first elected under operative unless amended or repealed by the Supreme
this Constitution shall serve until noon of June 30, 1992. Court or the Congress.
Of the Senators elected in the election of 1992, the first SECTION 11. The incumbent Members of the Judiciary shall
twelve obtaining the highest number of votes shall serve for continue in office until they reach the age of seventy years
six years and the remaining twelve for three years. or become incapacitated to discharge the duties of their
office or are removed for cause.
SECTION 3. All existing laws, decrees, executive orders,
proclamations, letters of instructions, and other executive SECTION 12. The Supreme Court shall, within one year after
issuances not inconsistent with this Constitution shall the ratification of this Constitution, adopt a systematic plan
remain operative until amended, repealed, or revoked. to expedite the decision or resolution of cases or matters
pending in the Supreme Court or the lower courts prior to
SECTION 4. All existing treaties or international agreements the effectivity of this Constitution. A similar plan shall be
which have not been ratified shall not be renewed or adopted for all special courts and quasi-judicial bodies.
extended without the concurrence of at least two-thirds of
all the Members of the Senate. SECTION 13. The legal effect of the lapse, before the
ratification of this Constitution, of the applicable period for
SECTION 5. The six-year term of the incumbent President the decision or resolution of the cases or matters submitted
and Vice-President elected in the February 7, 1986 election for adjudication by the courts, shall be determined by the
is, for purposes of synchronization of elections, hereby Supreme Court as soon as practicable.
extended to noon of June 30, 1992.
SECTION 14. The provisions of paragraphs (3) and (4),
The first regular elections for the President and Vice- Section 15 of Article VIII of this Constitution shall apply to
President under this Constitution shall be held on the cases or matters filed before the ratification of this
second Monday of May, 1992. Constitution, when the applicable period lapses after such
ratification.
SECTION 6. The incumbent President shall continue to
exercise legislative powers until the first Congress is SECTION 15. The incumbent Members of the Civil Service
convened. Commission, the Commission on Elections, and the
Commission on Audit shall continue in office for one year
From the ratification of the 1987 constitution up to the fourth after the ratification of this Constitution, unless they are
Monday of July 1987, president Aquino shall continue to sooner removed for cause or become incapacitated to
exercise legislative powers. This is the basis of her authority discharge the duties of their office or appointed to a new
to implement some provisions of the constitution that are not term thereunder. In no case shall any Member serve longer
self-executory. than seven years including service before the ratification of
this Constitution.
SECTION 7. Until a law is passed, the President may fill by
appointment from a list of nominees by the respective SECTION 16. Career civil service employees separated from
sectors the seats reserved for sectoral representation in the service not for cause but as a result of the
paragraph (2), Section 5 of Article VI of this Constitution. reorganization pursuant to Proclamation No. 3 dated March
25, 1986 and the reorganization following the ratification of
SECTION 8. Until otherwise provided by the Congress, the this Constitution shall be entitled to appropriate separation
President may constitute the Metropolitan Authority to be pay and to retirement and other benefits accruing to them
composed of the heads of all local government units under the laws of general application in force at the time of
comprising the Metropolitan Manila area. their separation. In lieu thereof, at the option of the
employees, they may be considered for employment in the
SECTION 9. A sub-province shall continue to exist and Government or in any of its subdivisions, instrumentalities,
operate until it is converted into a regular province or until or agencies, including government-owned or controlled
its component municipalities are reverted to the mother corporations and their subsidiaries. This provision also
province. applies to career officers whose resignation, tendered in line
with the existing policy, had been accepted.
SECTION 10. All courts existing at the time of the ratification
of this Constitution shall continue to exercise their SECTION 17. Until the Congress provides otherwise, the
jurisdiction, until otherwise provided by law. The provisions President shall receive an annual salary of three hundred
of the existing Rules of Court, judiciary acts, and procedural thousand pesos; the Vice-President, the President of the
Page | 35
Senate, the Speaker of the House of Representatives, and Senate and, when the Congress so requires, ratified by a
the Chief Justice of the Supreme Court, two hundred forty majority of the votes cast by the people in a national
thousand pesos each; the Senators, the Members of the referendum held for that purpose, and recognized as a
House of Representatives, the Associate Justices of the treaty by the other contracting State.
Supreme Court, and the Chairmen of the Constitutional
Commissions, two hundred four thousand pesos each; and SECTION 26. The authority to issue sequestration or freeze
the Members of the Constitutional Commissions, one orders under Proclamation No. 3 dated March 25, 1986 in
hundred eighty thousand pesos each. relation to the recovery of ill-gotten wealth shall remain
operative for not more than eighteen months after the
SECTION 18. At the earliest possible time, the Government ratification of this Constitution. However, in the national
shall increase the salary scales of the other officials and interest, as certified by the President, the Congress may
employees of the National Government. extend said period.
SECTION 19. All properties, records, equipment, buildings, A sequestration or freeze order shall be issued only upon
facilities, and other assets of any office or body abolished or showing of a prima facie case. The order and the list of the
reorganized under Proclamation No. 3 dated March 25, 1986 sequestered or frozen properties shall forthwith be
or this Constitution shall be transferred to the office or body registered with the proper court. For orders issued before
to which its powers, functions, and responsibilities the ratification of this Constitution, the corresponding
substantially pertain. judicial action or proceeding shall be filed within six months
from its ratification. For those issued after such ratification,
SECTION 20. The first Congress shall give priority to the the judicial action or proceeding shall be commenced within
determination of the period for the full implementation of six months from the issuance thereof.
free public secondary education.
The sequestration or freeze order is deemed automatically
SECTION 21. The Congress shall provide efficacious lifted if no judicial action or proceeding is commenced as
procedures and adequate remedies for the reversion to the herein provided.
State of all lands of the public domain and real rights
connected therewith which were acquired in violation of the SECTION 27. This Constitution shall take effect immediately
Constitution or the public land laws, or through corrupt upon its ratification by a majority of the votes cast in a
practices. No transfer or disposition of such lands or real plebiscite held for the purpose and shall supersede all
rights shall be allowed until after the lapse of one year from previous Constitutions.
the ratification of this Constitution.
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ARTICLE VI: Legislative Department It is participated in by all citizens from the age of 15,
regardless of whether or not they are illiterates, feeble-
SECTION 1. The legislative power shall be vested in the minded, or ex-convicts.
Congress of the Philippines which shall consist of a Senate
and a House of Representatives, except to the extent 2. Plebiscite
reserved to the people by the provision on initiative and
referendum. Involves the constituent of those citizens of the Philippines
not otherwise disqualified by law, who are 18 years of age or
Legislative power- It is the power to propose, enact, amend, over, and who shall have resided in the Philippines for at least
and repeal laws. It is vested in the congress. 1 year and in the place wherein they propose to vote for at
least 6 months preceding the election.
Non-legislative powers of congress
Literacy, property, or any other substantive requirement is
1. Power to confirm presidential appointments imposed.
8. Power to propose amendment or revision of the 1. No petition embracing more than one subject shall be
constitution upon a vote of ¾ of all the members of the submitted to the electorate.
congress.
2. Statutes involving emergency measures, the enactment of
9. Power to ratify treaties granted to the senate. which are specifically vested in congress by the constitution,
cannot be the subject of referendum until 90 days after their
Initiative- It is the power of the people to propose effectivity.
amendments to the constitution or to propose or enact
legislation through an election called for the purpose. Local initiative- A petition filed with the regional assembly or
local legislative body, by not less than 2,000 registered voters
Referendum- It is the power of the electorate to approve or in case of autonomous regions, 1,000 in case of provinces or
reject legislation through an election called for that purpose. cities, 100 in case of municipalities, and 50 in case of
barangays, proposing the adoption, enactment, repeal, or
Difference between referendum and plebiscite amendment of any law, ordinance, or resolution.
Is merely consultative in character. It simply a means of 1. The power of local initiative shall not be exercised more
assessing public reaction to the given issues submitted to the than once a year.
people for their consideration.
2. Initiative shall extend only to subjects or matters which are
The calling of which is derived from or within the totality of within the legal powers of the local legislative bodies.
the executive power of the president.
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3. If at any time before the initiative is held, the local lost this legislative power under the Freedom Constitution.
legislative body shall adopt in toto the proposition presented, Proclamation 164 amending Proclamation 1716 was issued on
the initiative shall be cancelled. However, those against such Oct 6, 1987 when legislative power was already solely in
action may, if they so desire, apply for initiative. congress.
Original legislative power- It is a legislative power vested in Kilusang Mayo Uno et al. V The Director General NEDA et
and exercised by the sovereign electorate. al.- EO 420 is valid. There being nothing legislative about
unifying existing ID systems of all courts within the judiciary.
Derivative legislative power- It is a legislative power The same is true for government entities under the executive
delegated by the sovereign people to the legislative bodies department, If government entities under the executive
and is subordinate to the original power of the people. department decide to nullify their existing ID data collection
and ID card issuance systems to achieve savings, efficiency,
Constituent legislative power- It is the power to amend or compatibility and convenience, such act does not involve the
revise the constitution. exercise of any legislative power. Thus, the issuance of EO
420 does not constitute usurpation of legislative power.
Ordinary legislative power- The power to pass ordinary laws.
Emergency powers- Congress may by law authorize the
Amendatory process- The people exercise constituent power. President to exercise emergency powers under Sec 23 (2),
Initiative and referendum-ordinary legislative power. Art. VI of the 1987 Constitution: “(2) In times of war or other
national emergency, the Congress may, by law, authorize the
Limitations to legislative power President, for a limited period and subject to such restrictions
as it may prescribe, to exercise powers necessary and proper
1. Substantive limitations- The limitation is substantive to carry out a declared national policy. Unless sooner
because if the provision of the law will curtail constitutional withdrawn by resolution of the Congress, such powers shall
rights, the same is unconstitutional. cease upon the next adjournment thereof.”
2. Procedural limitations- Even if the law does not violate Reason behind the exercise of emergency powers- Dues to
constitutional provisions but is not passed and approved in situations caused by war or other national emergency and in
accordance with the prescribed procedure, the same is order to be able to act promptly and faster regarding the
questionable and it may not be given force and effect. problems arising from such emergency, the president may be
authorized by congress to exercise emergency powers,
A member of the House of Representatives or the Senate instead of congress itself going through the law- making
can introduce any kind of bill subject to the following process, which is necessarily protracted to discussion and
limitations: debate.
1. All appropriation, revenue, tariff bills, bills authorizing Conditions for granting emergency powers
increase of the public debt, bills of local application, and 1. War or national emergency
private bills shall originate exclusively in the House of 2. Must be for a limited period.
Representatives but the Senate may propose of concur with 3. The emergency powers must be exercised to carry out a
amendments. national policy declared by congress.
4. The delegation must be subject to such restrictions
2. Ex post facto laws, bills of attainder, or laws impairing the congress may prescribe.
obligation of contracts cannot be enacted.
Limitations if emergency powers are delegated- The period
3. Other inhibitions imposed by the constitution shall be during which emergency powers may be exercised is defined
respected. by congress which has the option to fix the period or to
shorten the period if it wants to. In fact, congress may
Irrepealable laws- This is not allowed because it is, in effect, a terminate it even before the end of the emergency.
curtailment or limitation to the power of future congress, and
considering that past and future conditions may not require Delegation to Administrative Agencies- What is delegated to
different approaches and solutions, that is not only them is merely the power to make and issue rules, not the
unconstitutional but also impractical. power to make or pass laws.
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Test of valid delegation of legislative powers to MMDA v Dante O. Garin
administrative agencies:
1. There is no syllable in RA 7924 that grants MMDA police
1. Completeness test- Is the law which delegates powers power or legislative power.
complete in itself, or does it not set forth the policy to be
executed by the delegate? 2. Even the Metro Manila Council has not been delegated any
legislative power.
2. Sufficient Standard Test- Does the law fix standard limits
which are sufficiently determinates or determinable to which 3. Unlike the legislative bodies of the local government units,
the delegate must conform? there is no provision in RA 7924 that empowers the MMDA or
Completeness Test- The law must be complete in itself in all its council to enact ordinances, approve resolutions, and
terms and provisions when it leaves the legislature so that appropriate funds for general welfare of the inhabitants of
nothing is left to the judgment of the delegate. Otherwise, Metro Manila. The MMDA is , as termed in the charter itself,
the statute is an unconstitutional delegation of power. a development authority. It is an agency created for the
purpose of laying down policies and coordinating with the
Completeness of a statute- When the subject, the manner, various national government agencies, people’s organization
and the extent of its operation are therein stated. It is for this and the private sector for the efficient and expeditious
reason that the legislature should clearly state the legislative delivery of basic services in the vast metropolitan area. All its
policy to be implemented by the delegate, who should functions are administrative in nature.
implement the same, and the scope of authority to the
delegate. 4. The MMDA is not a political unit of government, The power
delegated to the MMDA is that given to the Metro Manila
Sufficient Standard Test- A sufficient standard not only Council to promulgate its administrative rules and regulations
defines the policy fixed by the legislature but also marks its in the implementation of the MMDA’s function.
limits by specifying the extent of the authority of the delegate
as well as the conditions under which policy should be 5. There is no grant of authority to enact ordinances and
implemented. regulations for the general welfare of the inhabitants of the
metropolis.
Without the said standard, there would be no means to
determine, with reasonable certainty, whether the delegate 6. The power therefore to confiscate and suspend or revoke
has acted within or beyond the scope of its authority. When driver’s license without the need of legislative enactment is
this happens, the power of legislation will eventually be an unauthorized exercise of police power.
exercised by a branch of government other than in which it is
lodged by the constitution. Roving Commission- Exercise of arbitrary discretion which
thereby amounts to virtual surrender of legislative power.
Standards according to jurisprudence
1. Justice, equity, public convenience and welfare SECTION 2. The Senate shall be composed of twenty-four
2. In the interest of law and order Senators who shall be elected at large by the qualified
3. Public welfare voters of the Philippines, as may be provided by law.
4. Public interest
Simplicity, economy, and efficiency SECTION 3. No person shall be a Senator unless he is a
5. Fair and equitable employment practices natural-born citizen of the Philippines, and, on the day of
6. National interest the election, is at least thirty-five years of age, able to read
7. Protection of local consumers by stabilizing and subsidizing and write, a registered voter, and a resident of the
domestic pump rates by fixing domestic prices of petroleum Philippines for not less than two years immediately
products. preceding the day of the election.
8. Standardization and regulation of medical education.
SECTION 4. The term of office of the Senators shall be six
Requisites of valid administrative regulation years and shall commence, unless otherwise provided by
1. Authorized by the legislature. law, at noon on the thirtieth day of June next following their
2. Within the scope of authority given by the legislature. election.
3. In accordance with the prescribed procedure.
4. Reasonable. No Senator shall serve for more than two consecutive terms.
Voluntary renunciation of the office for any length of time
shall not be considered as an interruption in the continuity
of his service for the full term for which he was elected.
Page | 39
SECTION 5. (1) The House of Representatives shall be SECTION 9. In case of vacancy in the Senate or in the House
composed of not more than two hundred and fifty of Representatives, a special election may be called to fill
members, unless otherwise fixed by law, who shall be such vacancy in the manner prescribed by law, but the
elected from legislative districts apportioned among the Senator or Member of the House of Representatives thus
provinces, cities, and the Metropolitan Manila area in elected shall serve only for the unexpired term.
accordance with the number of their respective inhabitants,
and on the basis of a uniform and progressive ratio, and SECTION 10. The salaries of Senators and Members of the
those who, as provided by law, shall be elected through a House of Representatives shall be determined by law. No
party-list system of registered national, regional, and increase in said compensation shall take effect until after
sectoral parties or organizations. the expiration of the full term of all the Members of the
Senate and the House of Representatives approving such
(2) The party-list representatives shall constitute twenty per increase.
centum of the total number of representatives including
those under the party list. For three consecutive terms after Bicameral Congress- Senate and House of Representatives.
the ratification of this Constitution, one-half of the seats
allocated to party-list representatives shall be filled, as Senate
provided by law, by selection or election from the labor,
peasant, urban poor, indigenous cultural communities, 1. Composition- 24 senators who shall be elected at large by
women, youth, and such other sectors as may be provided the qualified voters of the Philippines as may be provided by
by law, except the religious sector. law.
SECTION 6. No person shall be a Member of the House of 4. Re-election- No senator shall serve for more than 2
Representatives unless he is a natural-born citizen of the consecutive terms. Voluntary renunciation of the office for
Philippines and, on the day of the election, is at least any length of time shall not be considered as an interruption
twenty-five years of age, able to read and write, and, except in the continuity of his service for the full term for which he
the party-list representatives, a registered voter in the was elected.
district in which he shall be elected, and a resident thereof
for a period of not less than one year immediately preceding 5. Manner of election- Elected at large by the entire
the day of the election. electorate.
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½ of the seats allocated to the party-list an intention to stay there permanently, even if residence is
representatives shall be filled as provided by law, by also established in some other place.
selection or election from the
a. Labor Social Justice Society vs Dangerous Drugs Board- Additional
b. Peasant qualifications on public office (senatorial candidates)-
c. Urban poor Unconstitutional, only through an amendment of the
d. Indigenous cultural communities constitution additional qualifications may be made.
e. Women
f. Youth Term vs Tenure
g. Such other sectors as may be provided by
law except the religious sector. Term- Means the period of time during which the officer may
2. Qualifications claim to hold office as a right, and fixes the interval after
a. Natural-born citizen which the several incumbents shall succeed one another.
b. At least 25 years of age on the day of the election.
c. Able to read and write Tenure- Represents the term during which the incumbent
d. A registered voter in the district in which he shall actually holds office. The term of office is not affected by the
be elected. hild-over. The tenure may be shorter than the term for
e. A resident in the district for a period of not less reasons or beyond the power of the incumbent.
than 1 year immediately preceding the day of the
election. The distinction is important for, pursuant to the constitution,
no officer or employee in the Civil Service may be removed or
3. Term- 3 years suspended except for a cause, as provided by law. And this
fundamental principle would be defeated if congress could
4. Re-election- No member of the HR shall serve for more legally make the tenure of some officials dependent upon the
than 3 consecutive terms. Voluntary renunciation if the office pleasure of the president, by clothing the latter with blanket
for any length of time shall not be considered as an authority to replace a public officer before the expiration of
interruption in the continuity for his service for the full term his term.
for which he was elected.
Continuous life of the senate- There being 12 senators who
5. Manner of election- Directly elected from the various were elected every 3 years for the full term of 6 years since
legislative districts. 1992, the life of the senate is continuous and shall not at
anytime be dissolved. Under this scheme, 50% of the senate
membership is retained and the other 50% is replaced by a
35 years of age- Age qualification must be possessed on the new set of senators who may be elected for the first time or
day of the election, not on the day of the proclamation of re-elected every 3 years.
winners. (Espinosa v Aquino)
Gerrymandering- A practice of creating a legislative district
Registration- It is a method of proof, prescribed for composed only of towns or localities where a preferred
ascertaining the electors who are qualified to cast votes. It candidate is expected to win, and excluding from said district
does not make a person a qualified voter. It is simply a step those towns or localities where a preferred candidate is not
towards voting. It does not confer the right to vote, it is a expected to win.
condition precedent to the exercise of the right. In short,
registration is a regulation, not a qualification for voting. Constitutional restraint to gerrymandering- Section 5 (3) Art
VI of the constitution imposes a restraint to gerrymandering
Registered voter- Is one who is duly registered in the list of by providing that each legislative district shall comprise, as far
voters because he possesses the qualifications for suffrage, as as practicable, contiguous, compact and adjacent territory.
required by sec 1 art V.
Rules regarding the apportionment of legislative districts
Residence- It is a place where one habitually resides to which
when he is absent he has an intention of returning. 1. Uniform and progressive ratio- Apportionment shall be
made in accordance with the number of respective
Residence vs domicile- Residence is acquired by living in a inhabitants (among provinces, cities, and Metro Manila area),
place whereas domicile can exist without actually living in a on the basis of a uniform and progressive ratio subject to the
place. The important thing for domicile is that, once following rules:
residence has been established in one place, there should be a. Each city with not less than 250,000 inhabitants
shall be entitled to at least 1 representative and.
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b. Each province, irrespective of number of local legislative body, but it is not a political subdivision
inhabitants, is entitled to at least 1 representative. through which functions of government are carried out. It is
not a corporate unit, and it does not act for and in behalf of
2. Contiguous, compact, and adjacent- Each legislative the people comprising the district.
district shall comprise, as far as practicable, contiguous,
compact, and adjacent territory in order that gerrymandering 3. The role of the congressman that a district elects is to
may be avoided. ensure that the voice of the people of the district is heard in
congress, not to oversee the affairs of the legislative district.
3. Reapportionment within 3 years- Congress shall make
reapportionment of legislative districts within 3 years 4. A legislative district is not a corporate unit and this means
following the return of every census, through a special law. If that it has no legal personality that must be created or
reapportionment is made through a general law, the people dissolved and has no capacity to act. Hence, there is no need
in a new city or province will be deprived of their right of for any plebiscite in the creation, dissolution, or any other
representation. similar actions on a legislative district.
The power to create or reapportion legislative districts cannot 5. The local government units, on the other hand, are political
be delegated by congress but must be exercised by congress and corporate units. It is an instrumentality of the state in
itself. carrying out the functions of government. For this reason, the
constitution, saw it fit to secure the consent of the people
Conditions to be complied with the creation of local affected by the creation, division, merger, abolition, or
government units: Province, City, Municipality or Barangay alteration of boundaries of local government units through a
plebiscite.
1. The creation of a local government unit must follow the
criteria fixed in the Local Government Code. Legislative apportionment vs Reapportionment
2. Such creation must not conflict with any provision of the
constitution. Legislative apportionment
3. There must be a plebiscite in the political units affected. 1. It is the determination of the number of representatives
which a state, country, or other subdivision may send to a
The power to create a province or a city with a population of legislative body. It is the allocation of seats in a legislative
250,000 or more, requires also the power to create a body in proportion with the population.
legislative district because once the city’s population reaches
250,000 the city automatically becomes entitled to one Reapportionment
representative. 1. It is the realignment or change in legislative districts
brought about by the changes in population and mandated by
Important principles: the constitutional requirement of equality of representation.
1. A province cannot be legally created without a legislative Aldaba vs COMELEC- Certifications based on demographic
district- The constitution mandates that each province shall projections can be issued only by the NSO Administrator or
have at least 1 representative in the House of his designated certifying officer. The certification is void on its
Representatives. face because based on its own growth assumption, the
population of Malolos will be less than 250,000 in 2010. The
2. The creation of a legislative district by congress does not regional director had no authority to issue the certification.
emanate alone from the power of congress to reapportion
legislative district but also from the power of congress to Special election in case of vacancy in either house- The
create provinces. matter of whether special election shall be called or not is
discretionary on the part of congress. In case a special
Bagabuyo v COMELEC election takes place, the person elected shall serve only for
1. Plebiscite was never a requirement in legislative the unexpired term.
appointment or reappointment. A plebiscite was always
identified with the creation, division, merger, abolition, and Salary of the members of congress under 1987 Constitution-
alteration of boundaries of local government units, never 204,000 per annum.
with the concept of legislative reapportionment.
Salaries of the members of congress may be increased-
2. A legislative district referred to in section 5 art VI may be a provided it cannot be effective during the term of the
political unit because it is the basis for the election of members of the congress who have approved such increase.
member of the House of representatives and members of the
Page | 42
Salaries of the members of congress may be directly b. Shall not be questioned or held liable in any
increased by and through granting them some emoluments other place for any speech or debate in the
which are not part of their fixed salaries- Constitution does congress or in any committee thereof.
not contain any specific provision regarding this matter and it
may be interpreted to mean that it is not expressly prohibited SECTION 12. All Members of the Senate and the House of
and therefore legally possible. Representatives shall, upon assumption of office, make a
full disclosure of their financial and business interests. They
Members of congress are entitled to allowances for going to shall notify the House concerned of a potential conflict of
and from different places in connection with their functions interest that may arise from the filing of a proposed
as a legislator- Said allowances are not part of their salaries, legislation of which they are authors.
hence, they are entitled to such allowances provided they are
incurred in relation to or in connection with their duties and Conflict of interest- They shall do the full disclosure and
functions as legislators. Otherwise, there is no legal notice upon the assumption of office, to prevent them from
justification to allow the payment of such allowances. using the influence of their position and to reduce, if not to
eliminate, the propagation of their personal and business
SECTION 11. A Senator or Member of the House of interest, especially those which are contrary to and adverse
Representatives shall, in all offenses punishable by not more to public interest.
than six years imprisonment, be privileged from arrest while
the Congress is in session. No Member shall be questioned SECTION 13. No Senator or Member of the House of
nor be held liable in any other place for any speech or Representatives may hold any other office or employment
debate in the Congress or in any committee thereof. in the Government, or any subdivision, agency, or
instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries, during his term
Immunities of Senator and Members of Congress without forfeiting his seat. Neither shall he be appointed to
1. Privilege from arrest any office which may have been created or the emoluments
2. Parliamentary privilege of speech thereof increased during the term for which he was elected.
Incompatible and forbidden offices
A. Senators
Common prohibitions to senators and members of the
1. In all offenses punishable by not more than 6 years House of Representatives
imprisonment.
1. They cannot hold incompatible offices which that hey
a. Privilege from arrest while congress is in session- cannot simultaneously hold the incompatible office while
To ensure his attendance while the congress is in serving their term in congress.
session. Whether the session is special or regular, or
whether or not the legislator is actually attending his 2. They cannot be appointed to any office which may have
session. been created or the emoluments thereof increased during
the term for which they were selected.
b. Shall not be questioned nor held liable in any
other place for any speech or debate in the Prohibition to hold incompatible office not absolute- The
congress or in any committee thereof- To enable exception is if it is shown that said other office or
the senator to express his views on matters of public employment is an extension of the legislative position or is in
interest without fear of accountability. aid of legislative duties.
1. In all offenses punishable by not more than 6 years Effect of holding incompatible offices- Upon the holding of
imprisonment. an incompatible office, the legislator concerned automatically
forfeits his seat in congress.
a. Privilege from arrest while congress is in session
SECTION 14. No Senator or Member of the House of
Representatives may personally appear as counsel before
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any court of justice or before the Electoral Tribunals, or SECTION 15. The Congress shall convene once every year on
quasi-judicial and other administrative bodies. Neither shall the fourth Monday of July for its regular session, unless a
he, directly or indirectly, be interested financially in any different date is fixed by law, and shall continue to be in
contract with, or in any franchise or special privilege granted session for such number of days as it may determine until
by the Government, or any subdivision, agency, or thirty days before the opening of its next regular session,
instrumentality thereof, including any government-owned exclusive of Saturdays, Sundays, and legal holidays. The
or controlled corporation, or its subsidiary, during his term President may call a special session at any time.
of office. He shall not intervene in any matter before any
office of the Government for his pecuniary benefit or where 2 Kinds of sessions under the constitution
he may be called upon to act on account of his office. 1. Regular session- The congress shall convene once every
year on the fourth Monday of July for its regular session,
Inhibitions and disqualifications of senators or member of unless a different date is fixed by law.
the House of Representatives. 2. Special session- A special session may be called by the
president at any time.
1. During their term of office
a. personally appear as counsel in Sine Die session- It is one held without day, by staying the
1. Any court of justice hands of the clock definitely at a certain time and continuing
2. Before the electoral tribunal the session indefinitely.
3. Before quasi-judicial and other
administrative bodies. How long congress shall hold sessions- Congress shall
continue to hold session for such number of days it may
Rationale: To see to it that the legislator cannot exert undue determine until 30 days before the opening of the next
influence, directly or indirectly upon the court or quasi— regular session, excluding Saturdays, Sundays, and legal
judicial bodies above mentioned. holidays.
b. Cannot directly or indirectly, be interested
financially Mandatory period of recess- Congress may determine if this
1. In any contract with will be prolonged or not. What it cannot control is the power
2. Any franchise or special privilege granted of the president to call a special session because the necessity
by the government, or in any subdivision, of calling the same rests on the discretion of the constitution.
agency, or instrumentality thereof including
any GOCC or its subsidiary. Instances when the congress meets even without the
president’s call
Rationale: To prevent a legislator from committing abuses,
undue influence and pressure which are prejudicial to public 1. To canvass the votes and the returns of the election of the
interest president and vice-president.
c. Shall not intervene in any matter before any 2. When congress convenes in accordance with its rules to
office of the government for their pecuniary benefit enact a law calling for a special election to elect a president
or where they may be called upon to act on account or vice-president.
of their office.
3. When the house of representatives acts on a verified
Rationale: Same reasons as above-mentioned. If legislators complaint for impeachment, or indorses the same, and the
intercede for both adversaries in the case, the judge, arbiter, senate subsequently tries and decides on the articles of
commissioner, or other public official concerned cannot be impeachment indorsed by the house of representatives.
expected to act independently and objectively.
4. Following a proclamation of martial law or suspension of
Disqualification of lawyer-legislator to practice his the privilege of the writ of habeas corpus, and 24 hours
profession- Only pertains to appearance during trial or a following such proclamation or suspension, congress shall
hearing before any court or quasi-judicial body, the same may convene in accordance with its rules without need of a call.
be made by hi, but by any of his associates of his law firm.
Joint sessions but voting separately
Prohibited contracts- only those contracts from which a
legislator is expected to derive gain or profit at the expense of 1. When they choose the president of the Philippines under
the government or any of its agencies or instrumentalities. section 4 art VII.
Page | 44
2. When they determine the disability of the president under smaller number may adjourn from day to day and may
section 11, Art VII. compel the attendance of absent members in such manner,
and under such penalties, as such house may provide.
3. When they confirm the nomination of the vice president
under section 9 Art VII. Quorum- The number of persons of the body which. When
legally assembled in their places, will enable the body to
4. When they propose constitutional amendments under transact its proper business, or in other words, that number
section 1, Art XVII. that makes a lawful body and give it power to pass a law or
ordinance or do any other valid corporate act.
5. 2/3 votes of both houses in joint session assemble, voting
separately, is needed to declare the existence of state of war. It refers to the number of members, whose presence is
required before a meeting can legally take action. It is usually
Joint sessions and voting jointly a majority of the entire body.
1. When they revoke or extend the proclamation of martial Jose Avelino vs Mariano Cuenco- 12 senators who elected
law or a proclamation suspending the privilege of the writ of Cuenco were sufficient to constitute a quórum, the said
habeas corpus. number being a majority of 23, not 24 because one senator
was in the US. For this reason, the senator is not only outside
2. Both houses cannot, during sessions, adjourn for more the territorial jurisdiction of the Philippines but also outside
than 3 days, or transfer to a place other than that the two and beyond the coercive jurisdiction of the smaller number of
houses shall be sitting without the consent of the state. senators. The remaining senators can therefore adjourn from
day to day and compel the attendance of the absent
SECTION 16. (1) The Senate shall elect its President and the members in such manner and under such penalties as the
House of Representatives its Speaker, by a majority vote of senate may provide.
all its respective Members.
Officers of the Senate
Each House shall choose such other officers as it may deem 1. Senate president
necessary. 2. Senate president pro tempore
3. Majority floor leader
(2) A majority of each House shall constitute a quorum to do 4. Minority floor leader
business, but a smaller number may adjourn from day to 5. Chairman of various standing committee
day and may compel the attendance of absent Members in 6. Chairman of special committee
such manner, and under such penalties, as such House may 7. Secretary
provide. 8. Sergeant at arms
(3) Each House may determine the rules of its proceedings, Officers of the House of Representatives
punish its Members for disorderly behavior, and, with the 1. Speaker
concurrence of two-thirds of all its Members, suspend or 2. Speaker pro tempore
expel a Member. A penalty of suspension, when imposed, 3. Majority floor leader
shall not exceed sixty days. 4. Minority floor leader
5. Chairman of various standing committees
(4) Each House shall keep a Journal of its proceedings, and 6. Chairman of special committees
from time to time publish the same, excepting such parts as 7. Secretary
may, in its judgment, affect national security; and the yeas 8. Sergeant at arms
and nays on any question shall, at the request of one-fifth of
the Members present, be entered in the Journal. Discipline of members- Each house may determine rules of
its proceedings.
Each House shall also keep a Record of its proceedings.
Each house may punish, suspend, or expel its members for
(5) Neither House during the sessions of the Congress shall, disorderly behaviour, but subject to the following
without the consent of the other, adjourn for more than conditions:
three days, nor to any other place than that in which the
two Houses shall be sitting. 1. Said punishment or expulsion must have the concurrence
of 2/3 of all its members.
Quorum to do business- A majority of all the members of
each house shall constitute a quorum to do business, but a
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2. A penalty of suspension, when imposed, shall not exceed Astorga v Villegas- The presiding officer repudiates his
60 days. signature in the enrolled bill, in such a case, the journal must
be accepted as conclusive.
What constitutes Disorderly Behavior?- It depends on
congress to determine what constitute disorderly behaviour
being complained of, and if the same was indeed committed.
Adjournment 2 prohibitions
This matter is a political question and which is beyond the 1. During the sessions of congress, neither house shall
ambit of judicial interference or review. adjourn for more than 3 days without the consent of the
other.
Any expulsion or suspension of a members, however which 2. During the sessions of congress, neither house shall
violated the two conditions aforementioned concurrence of adjourn to any other place than that in which the two houses
2/3 or violation of the 60 day period is a Justiciable question. shall be sitting.
Osmena vs Pendatum- Suspension of a member of congress SECTION 17. The Senate and the House of Representatives
on the ground of disorderly behaviour, is a political question shall each have an Electoral Tribunal which shall be the sole
and it is therefore beyond the discretion and authority of the judge of all contests relating to the election, returns, and
courts to intervene on such a kind question. qualifications of their respective Members. Each Electoral
Tribunal shall be composed of nine Members, three of
Enrolled bill- Is the official copy of an approved legislation whom shall be Justices of the Supreme Court to be
which bears the certification of the presiding officer of the designated by the Chief Justice, and the remaining six shall
legislative body. It shall prevail over the journal. The enrolled be Members of the Senate or the House of Representatives,
bill is conclusive upon the courts as regards the tenor of the as the case may be, who shall be chosen on the basis of
measure passed by congress and approved by the president. proportional representation from the political parties and
the parties or organizations registered under the party-list
Journal- Is a book containing the records of the proceedings system represented therein. The senior Justice in the
of the legislature. Electoral Tribunal shall be its Chairman.
Probative value of journals- Conclusive evidence of the SECTION 18. There shall be a Commission on Appointments
contents thereof. consisting of the President of the Senate, as ex officio
Chairman, twelve Senators and twelve Members of the
Importance of journals House of Representatives, elected by each House on the
basis of proportional representation from the political
1. They are the best source on what actually took place parties and parties or organizations registered under the
during the proceedings in each house. party-list system represented therein. The Chairman of the
Commission shall not vote, except in case of a tie. The
2. As such, they serve as reference for authors, researchers Commission shall act on all appointments submitted to it
and historians, especially in cases where there is a need to dig within thirty session days of the Congress from their
deeper into the intention of the legislators who took part in submission. The Commission shall rule by a majority vote of
the debates. all the Members.
3. The publication of journals in line with the right to SECTION 19. The Electoral Tribunals and the Commission on
information on matters of public concern. Appointments shall be constituted within thirty days after
the Senate and the House of Representatives shall have
What is contained in a journal been organized with the election of the President and the
Speaker. The Commission on Appointments shall meet only
1. The yeas and nays on any question at the request of 1/5 of while the Congress is in session, at the call of its Chairman or
the members present. a majority of all its Members, to discharge such powers and
functions as are herein conferred upon it.
2. The yeas and nays on the final passage of every bill.
Electoral tribunals
3. The yeas and nays, the name of the members voting for or
against any bill. The senate and the house of representatives shall each have
an electoral tribunal which shall be the sole judge of all
4. The objection of the president to any bill which he has contests relating to the election, returns, and qualifications of
disapproved. their respective members.
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Composition of the electoral tribunals Meeting only in session at the call of the chairman or a
majority of all its members.
1. 9 members
a. 3- Justices of the supreme court designated by the Powers of the Congress
Chief Justice
b. 6- Members of the senate or house of A. Legislative powers in general
representatives as the case may be. They shall be 1. Power to enact laws
chosen on the basis of proportional representation 2. Power to alter laws
from the political parties and the parties or 3. Power to repeal laws
organizations required under the party-list system
represented therein. B. Specific legislative powers
2. Chairman- The senior justice in the electoral tribunal shall 1. Power of appropriation
be the chairman. 2. Power of taxation
3. Power of expropriation
Decisions of the electoral tribunals is not appealable to the
SC- Except when there’s grave abuse of discretion. C. Implied Powers
1. Power to punish of declare a person in contempt during
Electoral Tribunals are independent of the legislature- In the the course of legislative investigation.
discharge of their constitutional duties, the ETs are 2. Power to issue summons and notices in connection with
independent not only of the legislature but also of the other matters subject of its investigation or inquiry.
departments for that matter. In fact, it has the power to
appoint, supervise, and control its employees, they being the D. Inherent Powers
employees of the electoral tribunals and not of the senate. 1. Power to determine the rules of its proceedings.
Page | 47
3. All money collected on any tax levied for a special purpose 11. Congress may by law, authorize the president to fix and
shall be treated as a special fund and paid out of for such impose tariff rules etc.
purpose only. If the purpose for which a special fund was
created has been fulfilled or abandoned, the balance, if any 12. Charitable institutions shall be exempt from taxation.
shall be transferred to the general funds of the government.
13. Tax exemption needs concurrence of a majority of the
4. The rule of taxation shall be uniform and equitable. members of congress.
Congress shall evolve a progressive system of taxation.
14. No law shall be passed authorizing any transfer of
5. All appropriation, revenue or tariff bills, bills authorizing appropriations, however, the president of the senate, the
increase of public debt bills shall originate exclusively in the speaker of the house of representatives, the chief justice of
House of Representatives, but the senate may propose or the supreme court, and the heads of constitutional
concur with amendments- because members of the lower commissions may, by law, be authorized to augment any
house have a closer and more direct access to their item in the general appropriations law for their respective
constituents and are expected to be more familiar with the offices from savings in other items of their respective
needs of the whole country and their constituents in appropriations- This prohibits transfer of funds from one
particular. department from another department, oftentimes, transfer
of funds is being made for a variety of political motives.
6. The congress may not increase the appropriations
recommended by the president for the operation of the Appropriation measure- Is a statute the primary and specific
government as specified in the budget. The form, content, purpose of which is to authorize the release of public funds
and manner of preparation of the budget shall be prescribed from the treasury. It may be general or special.
by law.- To avoid undue influence of congress over the
president. Congress may reduce the appropriations General appropriation law- Is for the purpose of providing
recommended by the president, there being no prohibition financial operations of the entire government during the
against the same. fiscal period.
7. No provision or enactment shall be embraced in the Specific appropriation law- IS for a specific purpose.
general appropriations bill unless it relates specifically to
some particular appropriation therein. Any such provision or Rider- Is a completely unrelated provision include in the
enactment shall be limited in its operation to the general appropriations bill. Hence, every bill passed by the
appropriation to which it relates.- To see to it that a non- congress shall embrace only one subject which will be
appropriation item is not inserted in an appropriation expressed in the title thereof.
measure. Inhibition against riders.
Use of public property for religious purposes is not
8. The procedure in approving appropriations for the prohibited in the following:
congress shall strictly follow the procedure for approving
appropriations for other departments and agencies.- To 1. When the religious character of such use is merely
prevent appropriations the purpose of which is to allot a incidental to a temporary use which is available
budget which is intended to benefit the legislators. To hide indiscriminately to the public in general.
this to the public, the legislators agree among themselves
that the same shall no longer be scrutinized and subjected to 2. Ecclesiastics may be paid public funds if they serve the
public hearings, this kind of appropriation is known as government in a non-ecclesiastical capacity.
APPROPRIATION SUB ROSA.
Rule of taxation shall be uniform and equitable
9. A special appropriations bill shall specify the purpose for
which it is intended, and shall be supported by funds Uniformity- Means that the persons or things belonging to
actually available as certified by the National Treasurer, or the same valid classification shall be taxed the same rate.
to be raised by a corresponding revenue proposal therein.-
To see to it that an appropriation measure is supported by Equitable- Means that taxes should be appropriated among
existing and adequate funds the people according to their capacity to pay.
10. 2/3 votes of both houses in joint session is needed to Authorizing the president to fix and impose tariff rates,
declare the existence of state of war. import and export quotas, tonnage, and wharfage dues and
other duties and imposts within the framework of national
development program of the government- This is one of the
Page | 48
legislative powers which may be validly delegated by Purpose of legislative investigation- A legislative body cannot
congress to the president to give the latter the authority and effectively perform legislative work if it does not know the
opportunity to act promptly on the economic problems matters which are the subject of legislation.
confronting the country instead of being subject to delay
caused by the usual debates and other congressional Scope of the power of the legislative investigation
proceedings.
1. The power to conduct inquiry in aid of legislation in
Tax Exemption accordance with its duly published rules of procedure.
1. Charitable institutions
2. Religious institutions 2. The power to issue summons and notices in connection
3. Educational institutions with matters subject of its legislative inquiry.
Law granting tax exemption needs concurrence of the 3. The power to punish or declare a person in contempt
absolute majority of all members of congress- Because this during or in the course of legislative investigation.
means less revenue which the government should have
earned were it not for the tax exemptions. 4. The power to determine its rules of proceedings.
Procedural limitations to the general legislative powers Bengson Jr. vs Sanate Blue Ribbon Committee- A senate
1. Every bill passed by congress shall embrace only one committee cannot inquire or conduct its own investigation on
subject which shall be expressed in the title thereof. an issue or a case which is already in court. To do so will
2. No bill passed by either house shall become a law unless it cause the possibility of conflicting judgments between a
has passed 3 readings on separate days, and printed copies legislative committee and a judicial tribunal.
thereof in its final form have been distributed to its members Standard Chartered Bank vs Senate Blue Ribbon Committee
3 days before its passage, except when the president certifies on Bank Financial Institutions and Currencies- Mere filing of
to the necessity of its immediate enactment to meet a public a criminal or administrative complaint before a court or
calamity or emergency. quasi-judicial body should not automatically bar the conduct
of legislative investigation. Because the convenient ploy of
4. Upon the last reading of the bill, no amendment thereto instituting a criminal or administrative complaint will be easily
shall be allowed, and the vote thereon shall be taken subverted by any intended inquiry by congress. And the
immediately thereafter, and the yeas and nays entered in the exercise of sovereign legislative authority of which the power
journal. of legislative inquiry is an essential component, cannot be
made subordinate to a criminal or an administrative
5. The president shall have the power to veto any particular investigation.
item or items in an appropriation, revenue, tariff bill but the
veto shall not affect the item or items to which he does not Arnold vs Nazareno- Failure or refusal of an invited witness
object. to attend a legislative investigation may be punished as
legislative contempt, and the punishment that may be meted
Alvarez vs Guingona- So long as the action taken by the out includes imprisonment. The offender could be imprisoned
senate as a body is withheld pending receipt of the house bill, indefinitely by the senate, the latter being a continuing body,
in other words, the substitute bill in the senate may be filed provided that the punishment did not become so long as to
in anticipation of its receipt of the bill from the house as long violate process.
as the senate does not act thereon until it receives the house
bill. Questions being raised in a legislative investigation do not
necessarily have to be relevant to any pending legislation,
SECTION 20. The records and books of accounts of the provided only that they are relevant to the subject matter of
Congress shall be preserved and be open to the public in the investigation being conducted.
accordance with law, and such books shall be audited by the
Commission on Audit which shall publish annually an Lopez vs Delos Reyes- The punishment could last only for the
itemized list of amounts paid to and expenses incurred for duration of the session when the contempt was committed.
each Member.
Senate as a continuing body- As an institution, it is a
SECTION 21. The Senate or the House of Representatives or continuing body for it is not dissolved as an entity with each
any of its respective committees may conduct inquiries in national election or change in the corporation of its
aid of legislation in accordance with its duly published rules members.
of procedure. The rights of persons appearing in or affected
by such inquiries shall be respected.
Page | 49
The senate of each congress acts separately and Right to conduct inquiry in aid of legislation
independently of the senate of the congress before it. It is for 1. Under this section, congress has the power to conduct
this reason that all pending matters and proceedings are inquiries in aid of legislation the aim of which is to elicit
considered terminated upon the expiration of congress and it information that may be used for legislation
is merely optional on the senate of the succeeding congress 2. Attendance is compulsory
to take up such unfinished matters, not in the same status, 3. Congress can compel the attendance of executive officials.
but as if presented for the first time.
Power of congress to conduct question hour
Neri vs Committee on Accountability- If the senate is a 1. The objective of which is to obtain information in pursuit of
continuing body even with respect to the conduct of its congress oversight functions.
business, then pending matters will not be deemed to be 2. Attendance is discretionary, the president’s consent
terminated with the expiration of the congress but will, as a required before his subordinates appear in congress.
matter of course, continue to the next congress with the 3. Congress cannot compel the appearance of the executive
same status. officials if the required consent of the president is not
obtained first or consent is not given.
Rules of the Senate- They shall be valid from their date of
adoption until they are amended or repealed. The senate of Executive Privilege- The right of the president and high-level
the next congress may easily adopt different rules for its officials of the executive branch to withhold information from
legislative inquiries. It is incumbent upon the senate to congress, the courts, and the public. The validity of executive
publish the rules for its legislative inquiries in each congress privilege depends on the ground invoked to justify it and the
or otherwise make the prohibited rules clearly state that the context in which it is made.
same shall be effective in subsequent congress or until they
are amended or repealed to sufficiently put public on notice. The executive privilege being claimed must be clearly
Senate vs Ermita- Only the president can claim executive asserted.
privilege. If they desire to claim this privilege, congress has a Congress may respect the said refusal if there is a valid claim
right to know why the executive considers the requested of privilege through a certification of the president or by the
information privileged. It is not sufficient to merely declare executive secretary upon the authority or order of the
that the president, or an authorized head of office, has president.
determined that it is so. It must be clearly stated.
Types of Information which may be considered privileged
SECTION 22. The heads of departments may upon their own
initiative, with the consent of the President, or upon the 1. Matters of diplomatic character and under negotiations
request of either House, as the rules of each House shall and review- Information on inter-government exchanges
provide, appear before and be heard by such House on any prior to the conclusion of treaties and executive agreements
matter pertaining to their departments. Written questions may be subject to reasonable safeguards for the sake of
shall be submitted to the President of the Senate or the national interest.
Speaker of the House of Representatives at least three days
before their scheduled appearance. Interpellations shall not 2. Privilege accorded to presidential communications- This
be limited to written questions, but may cover matters privilege is not absolute. The executive cannot, any more
related thereto. When the security of the State or the public than the other branches of the government, invoke a general
interest so requires and the President so states in writing, confidentiality privilege to shield its officials and employees
the appearance shall be conducted in executive session. from investigations by the proper governmental institutions
into possible criminal wrongdoing.
Cabinet secretaries may appear and be heard before either
house of congress 3. Deliberative process privilege which is recognized in the
1. Upon their own initiative United States- Deliberative process covers documents
2. With the consent of the president. reflecting advisory opinions, recommendation, deliberations
3. Request of either house as they rules may provide. comprising part of a process by which governmental decisions
4. Written questions shall be submitted to the president of and policies are formulated. The objective of the privilege is
the senate or the speaker of the house of representatives at merely to enhance the quality of agency decisions.
least 3 days before their scheduled appearance.
4. Informer’s privilege- The privilege of the government not
Difference between legislative investigation or inquiry in aid to disclose the identity of a person or persons who furnish
of legislation and power to conduct question hour information of violations of law.
Page | 50
Who can avail executive privilege meritorious or distinguished service which benefits our
1. The president country or our people.
2. Executive secretary- if authorized by the president to
invoke on his behalf. Bill of local application- A bill of local application like the
3. Cabinet members- Only upon consent and certification creation of a new town, city, or province.
from the president through the executive secretary.
Ex post facto law- A law which punishes an act which at the
Operational Proximity Test- time of its commission was not punishable.
Gen. Francisco Gudani et al vs Lt. Gen. Generoso Senga- The 6 Kinds of ex post facto law:
president as commander-in-chief of the AFP has the right to
require military personnel to obtain prior consent before 1. Every law that makes a criminal action done before the
testifying on a legislative inquiry. If the president is not so passage of the law and which was innocent when done, and
inclined, the he may be commanded by judicial order to punishes such an action.
compel the attendance of the military officer.
2. Every law that aggravates a crime or makes it greater thatn
SECTION 23. (1) The Congress, by a vote of two-thirds of when it is committed.
both Houses in joint session assembled, voting separately,
shall have the sole power to declare the existence of a state 3. Every law that changes punishment, and inflicts greater
of war. punishment than the law annexed to the crime when
(2) In times of war or other national emergency, the committed.
Congress may, by law, authorize the President, for a limited 4. Every law that alters the legal rules of evidence, and
period and subject to such restrictions as it may prescribe, receives less or different testimony than the law required at
to exercise powers necessary and proper to carry out a the time of the commission in order to convict the offender.
declared national policy. Unless sooner withdrawn by 5. Every law which assuming to regulate civil rights and
resolution of the Congress, such powers shall cease upon remedies only, in effect imposes a penalty or the deprivation
the next adjournment thereof. of a right for something which, when done, was lawful.
Power to declare existence of state of war- Only the 6. Every law which deprives persons accused of crime of some
congress has the sole power to declare the existence of a lawful protection of a former conviction or acquittal or of a
state of war, not the power to declare war. proclamation of amnesty.
We renounce aggressive war but not defensive war. Bill of attainder- A bill or a law that inflicts punishment
without trial.
SECTION 24. All appropriation, revenue or tariff bills, bills
authorizing increase of the public debt, bills of local Laws impairing the obligation of contracts- They are laws
application, and private bills shall originate exclusively in the which renders inoperative or illegal a contract which was
House of Representatives, but the Senate may propose or valid and existing before their enactment.
concur with amendments.
Procedure in the approval of bills
Appropriation Bill- It is a bill, the primary and specific
purpose of which is to authorize the release of funds from the 1. First reading- Only the number and title of the bill is read.
public treasury. Thereafter, the speaker or the senate president, as the case
may be, refers it to the proper committee for study.
Revenue Bill- It is a bill that levies taxes and raises funds for
the government. The following may happen after the bill is referred
to the proper committee
Tariff Bill- It is a bill that specifies the rates or duties to be 1. It may be inacted upon or killed in the committee
imposed on imported articles. 2. It may be approved by the committee without any
amendment.
Bill increasing public debt- Authorizes increase of the public 3. It may be amended and approved later
debt. 4. The committee may conduct public hearings and
consider favourably the comments and suggestions
Private Bill-A bill which benefit only a private individual like a during the public hearings.
bill granting honorary citizenship to a foreigner for
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2. Second Reading- When the bill is reported out by the affect the item or items to which the president does not
committee it shall be calendared for a second reading. It is at object.
this stage when the bill is read in its entirety. Thereafter, the
bill is subject to debate, amendment, and scrutiny by the Period to communicate the veto by the president- The
members of either house. This is the most important stage in president shall communicate his veto of any bill to the house
the passage of the bill. where it originated within 30 days after the date of the
receipt thereof, otherwise, it shall become a law as if he had
3. Third reading- The bill is approved on second reading is signed it.
printed in its final form. Copies thereof are distributed at
least 3 days before the third reading. During the third SECTION 25. (1) The Congress may not increase the
reading, the members merely register their votes, or they appropriations recommended by the President for the
may explain their votes, if this is allowed by the rules. No operation of the Government as specified in the budget. The
further debate is allowed. form, content, and manner of preparation of the budget
shall be prescribed by law.
4. If the bill passed the third reading- It is sent to the other
chamber. There will also be three readings in the other (2) No provision or enactment shall be embraced in the
chamber. If it is approved by the upper it will be submitted to general appropriations bill unless it relates specifically to
the president for his consideration and approval. some particular appropriation therein. Any such provision or
enactment shall be limited in its operation to the
5. The bill is finally approved by congress- The bill is enrolled appropriation to which it relates.
when it is finally approved by congress. Thereafter, it will be
authenticated with the signature of the senate president or (3) The procedure in approving appropriations for the
the speaker and the secretary, and approved by the Congress shall strictly follow the procedure for approving
president. appropriations for other departments and agencies.
Procedure in approval and disapproval of bills (4) A special appropriations bill shall specify the purpose for
which it is intended, and shall be supported by funds
1. Approved- The president shall sign it. This means that the actually available as certified by the National Treasurer, or
president is in conformity with the purposes for which the bill to be raised by a corresponding revenue proposed therein.
was enacted.
(5) No law shall be passed authorizing any transfer of
2. Disapproved- He shall veto it and return the same with his appropriations; however, the President, the President of the
objections to the house where it originated, which he shall Senate, the Speaker of the House of Representatives, the
enter the objections at large on its journal and proceed to Chief Justice of the Supreme Court, and the heads of
reconsider it. Constitutional Commissions may, by law, be authorized to
augment any item in the general appropriations law for
Veto message- Upon receipt of the veto message of the their respective offices from savings in other items of their
president, there are two possibilities that may happen respective appropriations.
1. The house where the bill originated may take into (6) Discretionary funds appropriated for particular officials
account the objections made by the president and shall be disbursed only for public purposes to be supported
make corresponding amendments to accommodate by appropriate vouchers and subject to such guidelines as
the requests or wishes of the president. When this may be prescribed by law.
happens, the bill as amended, will again be
presented to the president for approval. (7) If, by the end of any fiscal year, the Congress shall have
failed to pass the general appropriations bill for the ensuing
2. 2/3 of all members of each house may invalidate fiscal year, the general appropriations law for the preceding
the veto and convert the bill into a law over the fiscal year shall be deemed reenacted and shall remain in
objection of the president. force and effect until the general appropriations bill is
passed by the Congress.
General Rule: The president must either approve or
disapprove the bill in its entirety. SECTION 26. (1) Every bill passed by the Congress shall
embrace only one subject which shall be expressed in the
Exception: In the case of appropriation, revenue, tariff bills. title thereof.
The veto of any particular item or items in these bills shall not
Page | 52
(2) No bill passed by either House shall become a law unless 3. When the president does not act upon the bill within 30
it has passed three readings on separate days, and printed days after it is presented to it.
copies thereof in its final form have been distributed to its
Members three days before its passage, except when the SECTION 28. (1) The rule of taxation shall be uniform and
President certifies to the necessity of its immediate equitable. The Congress shall evolve a progressive system of
enactment to meet a public calamity or emergency. Upon taxation.
the last reading of a bill, no amendment thereto shall be
allowed, and the vote thereon shall be taken immediately (2) The Congress may, by law, authorize the President to fix
thereafter, and the yeas and nays entered in the Journal. within specified limits, and subject to such limitations and
restrictions as it may impose, tariff rates, import and export
Reason for this mandatory requirement quotas, tonnage and wharfage dues, and other duties or
imposts within the framework of the national development
1. To prevent hodge podge or log-rolling lesgislation program of the Government.
2. To prevent surprise or fraud upon the legislature by means (3) Charitable institutions, churches and parsonages or
of provisions in bills of which the titles give no information convents appurtenant thereto, mosques, non-profit
and which might be overlooked and carelessly and cemeteries, and all lands, buildings, and improvements,
unintentionally adopted. actually, directly, and exclusively used for religious,
charitable, or educational purposes shall be exempt from
3. To inform the people regarding the subjects of legislation taxation.
that are being considered.
(4) No law granting any tax exemption shall be passed
Sumulong v COMELEC- It should be liberally interpreted, without the concurrence of a majority of all the Members of
hence the rule is sufficiently complied with if the title the Congress.
expresses the general subject and all the provisions of the
statute are germane to that general subject. Limitations on the power to tax
1. Constitutional limitations
SECTION 27. (1) Every bill passed by the Congress shall, 2. Inherent limitations
before it becomes a law, be presented to the President. If he
approves the same, he shall sign it; otherwise, he shall veto Constitutional limitations
it and return the same with his objections to the House 1. Due process clause and equal protection clause of the
where it originated, which shall enter the objections at large constitution
in its Journal and proceed to reconsider it. If, after such 2. The rule on taxation shall be uniform and equitable.
reconsideration, two-thirds of all the Members of such 3. No person shall be imprisoned for non-payment of poll
House shall agree to pass the bill, it shall be sent, together tax.
with the objections, to the other House by which it shall 4. Tariff bills must originate exclusively from the house of
likewise be reconsidered, and if approved by two-thirds of representatives.
all the Members of that House, it shall become a law. In all 5. It must respect persons and properties constitutionally
such cases, the votes of each House shall be determined by exempted from taxation.
yeas or nays, and the names of the Members voting for or 6. Non-impairment of contracts.
against shall be entered in its Journal. The President shall 7. Legislative exemption from taxation must be with the
communicate his veto of any bill to the House where it concurrence of the majority of members of congress.
originated within thirty days after the date of receipt
thereof; otherwise, it shall become a law as if he had signed Inherent Limitations
it. 1. It must be for a public purpose
2. It must be exercised by the legislature.
(2) The President shall have the power to veto any particular 3. Applicable only within the territorial jurisdiction of the
item or items in an appropriation, revenue, or tariff bill, but taxing state.
the veto shall not affect the item or items to which he does 4. International law on comity.
not object.
Progressive system of taxation- When the rate increases as
When does a bill becomes a law the tax base increases. Power to tax as an instrument for a
1. When, after the same is presented to the president, the more equal distribution of wealth.
latter signs it
2. When the president vetoes the said bill but the said veto is
overridden by 2/3 vote of all members of each house.
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Requirements for exemption of charitable institutions, provides that the Philippines is a democratic and republican
churches, parsonages, convents, etc and all lands, buildings, state.
improvements from taxation:
1. They should be actually, directly, and exclusively used for SECTION 32. The Congress shall, as early as possible, provide
religious, charitable, or educational purposes, and this must for a system of initiative and referendum, and the
be proven. exceptions therefrom, whereby the people can directly
propose and enact laws or approve or reject any act or law
Tax exempt institutions under the constitution or part thereof passed by the Congress or local legislative
1. Charitable institutions body after the registration of a petition therefor signed by
2. Religious institutions at least ten per centum of the total number of registered
3. Educational institutions voters, of which every legislative district must be
represented by at least three per centum of the registered
SECTION 29. (1) No money shall be paid out of the Treasury voters thereof.
except in pursuance of an appropriation made by law.
Public works act of 1922- Earliest form of congressional pork
(2) No public money or property shall be appropriated, barrel in the Philippines.
applied, paid, or employed, directly or indirectly, for the
use, benefit, or support of any sect, church, denomination, Pork Barrel- refers to an appropriation of government
sectarian institution, or system of religion, or of any priest, spending meant for localized projects and secured solely or
preacher, minister, or other religious teacher, or dignitary as primarily to bring money to a representative’s district. Or
such, except when such priest, preacher, minister, or referred to as a legislative control of local appropriation.
dignitary is assigned to the armed forces, or to any penal
institution, or government orphanage or leprosarium. Pork barrel in the Philippines- Commonly referred to as lump
sum, discretionary funds of members of the legislature.
(3) All money collected on any tax levied for a special
purpose shall be treated as a special fund and paid out for Pork barrel system is unconstitutional
such purpose only. If the purpose for which a special fund
was created has been fulfilled or abandoned, the balance, if 1. It violates the principle of separation of powers insofar as it
any, shall be transferred to the general funds of the has conferred unto legislators the power of appropriation by
Government. giving them personal, discretionary funds from which they
are able to fund specific projects which they themselves
Constitutional restrictions to ensure that public funds are determine.
spent properly
2. It violates the principle of non-delegability of legislative
1. No money shall be paid out of the treasury except in power
pursuance of an appropriation made by law. a. Insofar as it has created a system od budgeting
wherein items are not textualized into the
2. Public money shall not be appropriated, applied, paid, or appropriations bill, it has flouted the prescribed
employed directly or indirectly for the use, benefit, or support procedure of presentment and in the process denied
of any sect, church, denomination, sectarian institution, or the president to veto items.
system of religion, priest, preacher, minister, or dignitary. b. Insofar as it has diluted the effectiveness of
congressional oversight by giving legislators a stake
Except, when such priest, preacher, or minister or dignitary is in the affairs of the budget execution, an aspect of
assigned to the armed forces or to any penal institution or governance which they may be called to monitor and
government orphanage or leprosarium. scrutinize, the system has equally impaired public
accountability,
SECTION 30. No law shall be passed increasing the appellate c. Insofar as it has authorized legislators who are
jurisdiction of the Supreme Court as provided in this national officers to intervene in the affairs of purely
Constitution without its advice and concurrence. local nature, despite the existence of capable local
institutions, it has likewise subverted genuine local
SECTION 31. No law granting a title of royalty or nobility autonomy.
shall be enacted.
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Article VII: Executive Department which shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at noon of
SECTION 1. The executive power shall be vested in the the same date six years thereafter. The President shall not
President of the Philippines. be eligible for any reelection. No person who has succeeded
as President and has served as such for more than four years
Chief Executive- The president is the executive of the shall be qualified for election to the same office at any time.
Government of the Philippines and the heads of the different
executive departments who are popularly known and called No Vice-President shall serve for more than two consecutive
as cabinet members, are , in effect merely his advisers, hence, terms. Voluntary renunciation of the office for any length of
they are subject to his control and supervision. time shall not be considered as an interruption in the
continuity of the service for the full term for which he was
Residual powers- The president has residual power to protect elected.
the general welfare of the people. It is founded on the duty of
the president as steward of the people. Hence, the powers of Unless otherwise provided by law, the regular election for
the president is not limited to those expressly enumerated President and Vice-President shall be held on the second
under the constitution. Monday of May.
It is the power borne by the president’s duty to preserve and The returns of every election for President and Vice-
defend the constitution. It may be viewed as a power implicit President, duly certified by the board of canvassers of each
in the president’s duty to take care that the laws are faithfully province or city, shall be transmitted to the Congress,
executed. (Marcos vs Manglapus) directed to the President of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate shall, not
Executive Power of the president- It is the power to enforce later than thirty days after the day of the election, open all
and administer the laws of the land. The president shall certificates in the presence of the Senate and the House of
ensure that the laws are faithfully executed. Representatives in joint public session, and the Congress,
upon determination of the authenticity and due execution
The president has a duty to execute the law regardless of his thereof in the manner provided by law, canvass the votes.
doubts on its validity. Until and unless the law is declared
unconstitutional, it is not unlawful for the president to The person having the highest number of votes shall be
perform his duty of ensuring that laws are faithfully executed. proclaimed elected, but in case two or more shall have an
equal and highest number of votes, one of them shall
Alfredo Romualdez vs Sandiganbayan- Executive immunity is forthwith be chosen by the vote of a majority of all the
applied only during the incumbency of the president. It Members of both Houses of the Congress, voting separately.
cannot be used to shield a non-sitting president from
prosecution for alleged acts while sitting in office. This will The Congress shall promulgate its rules for the canvassing of
hold true in case of a person who is acting pursuant to the the certificates.
president’s orders. He cannot claim immunity since he
derives his immunity from one who is no longer sitting as The Supreme Court, sitting en banc, shall be the sole judge
president. of all contests relating to the election, returns, and
qualifications of the President or Vice- President, and may
SECTION 2. No person may be elected President unless he is promulgate its rules for the purpose.
a natural-born citizen of the Philippines, a registered voter,
able to read and write, at least forty years of age on the day Qualifications of a President and Vice President
of the election, and a resident of the Philippines for at least 1. Natural-born citizen of the Philippines.
ten years immediately preceding such election. 2. Registered voter.
3. Able to read and write.
SECTION 3. There shall be a Vice-President who shall have 4. Must be 40 years of age on the day of the election.
the same qualifications and term of office and be elected 5. Must be a resident of the Philippines for at least 10 years
with and in the same manner as the President. He may be immediately preceding the election.
removed from office in the same manner as the President.
Term of office- 6 years and shall begin at noon of the 30th day
The Vice-President may be appointed as a Member of the of June following the day of the election and shall end at
Cabinet. Such appointment requires no confirmation. noon of the same date 6 years thereafter.
Page | 55
Voluntary renunciation of the office- For any length of time constitution is to be an institution independent but not
shall not be considered as an interruption in the continuity of separate from the judicial department.
the service for the full term for which he was elected.
SECTION 5. Before they enter on the execution of their
No person who has succeeded as president and has served office, the President, the Vice-President, or the Acting
as such for more than 4 years shall be qualified for election President shall take the following oath or affirmation:
to the same office at any time-A vice president who succeeds
to the presidency cannot run for president at the end of the “I do solemnly swear (or affirm) that I will faithfully and
term to which he succeeded as president. conscientiously fulfill my duties as President (or Vice-
President or Acting President) of the Philippines, preserve
Procedures to be conducted in the canvass of election and defend its Constitution, execute its laws, do justice to
returns and the proclamation of the President and Vice- every man, and consecrate myself to the service of the
President Nation. So help me God.” (In case of affirmation, last
sentence will be omitted.)
1. Transmission of returns- The returns of every election for
president and vice-president shall be duly certified by the Other powers of the President- There may also be implied or
board of canvassers of each province or city. inferred from those expressly granted to the president or in
the exercise of his control of all executive departments,
2. Transmission of certified returns to congress- The certified bureaus, and offices, or in the pursuit of his task of ensuring
returns shall be transmitted to congress, directed to the that laws be faithfully executed or in his capacity as
president of the senate. commander in chief of all armed forces of the Philippines.
3. Opening of certificates of canvass- Upon receipt of the Purpose of section 5 requiring the president and vice
certificates of canvass, the president of the senate shall, not president or acting president to take an oath or affirmation
later than 30 days after the day of the election, open all the 1. That the said public official have a solemn oath- that they
certificates in the presence of the senate and the house of will faithfully and conscientiously fulfil their duties.
representatives in joint public session. 2. That they preserve the constitution of the Philippines.
3. That they will do justice to every man.
4. Canvass of the votes by congress- Upon determination of 4. That they will execute the laws of the Philippines.
the authenticity and due execution of the certificates of 5. That they consecrate themselves to the service of the
canvass, congress shall canvass the votes. nation.
6. That besides the solemn oath they take, they formally
5. Proclamation- The person having the highest number of invoke and ask the help of God, in the course of and in the
votes shall be proclaimed elected. fulfilment of their duties.
6. In case of tie- In case of two or more shall have an equal SECTION 6. The President shall have an official residence.
and highest number of votes, one of them shall forthwith be The salaries of the President and Vice-President shall be
chosen by a vote of a majority of all members of congress. determined by law and shall not be decreased during their
tenure. No increase in said compensation shall take effect
7. Promulgation of rules for canvassing of certificates- The until after the expiration of the term of the incumbent
congress shall promulgate its rules for the canvassing of the during which such increase was approved. They shall not
certificates. receive during their tenure any other emolument from the
Government or any other source.
8. Sole judge of all contests- The Supreme Court sitting en
banc, shall be the sole judge of all contests relating to the: Salary of the President and Vice President
a. Election 1. President- 300,000 annual salary until the congress
b. Returns provides otherwise. That shall not be decreased or increased
c. Qualifications of the president or vice president. during his tenure.
2. No emolument during his tenure from the government or
Makalintal v Presidential Electoral Tribunal- The any other source.
establishment of the PET simply constitutionalized what was
statutory before the 1987 constitution. The SC functioning as SECTION 7. The President-elect and the Vice-President-elect
PET are constitutional bodies independent of the three shall assume office at the beginning of their terms.
departments of the government but not separate therefrom.
The PET is not simply a agency to which members of the court
were designated. The PET as intended by the framers of the
Page | 56
If the President-elect fails to qualify, the Vice-President- a President and a Vice-President to be held not earlier than
elect shall act as President until the President-elect shall forty-five days nor later than sixty days from the time of
have qualified. such call. The bill calling such special election shall be
deemed certified under paragraph 2, Section 26, Article VI of
If a President shall not have been chosen, the Vice- this Constitution and shall become law upon its approval on
President-elect shall act as President until a President shall third reading by the Congress. Appropriations for the special
have been chosen and qualified. election shall be charged against any current appropriations
and shall be exempt from the requirements of paragraph 4,
If at the beginning of the term of the President, the Section 25, Article VI of this Constitution. The convening of
President-elect shall have died or shall have become the Congress cannot be suspended nor the special election
permanently disabled, the Vice-President-elect shall become postponed. No special election shall be called if the vacancy
President. occurs within eighteen months before the date of the next
presidential election.
Where no President and Vice-President shall have been
chosen or shall have qualified, or where both shall have died SECTION 11. Whenever the President transmits to the
or become permanently disabled, the President of the President of the Senate and the Speaker of the House of
Senate or, in case of his inability, the Speaker of the House Representatives his written declaration that he is unable to
of Representatives shall act as President until a President or discharge the powers and duties of his office, and until he
a Vice-President shall have been chosen and qualified. transmits to them a written declaration to the contrary,
such powers and duties shall be discharged by the Vice-
The Congress shall, by law, provide for the manner in which President as Acting President.
one who is to act as President shall be selected until a
President or a Vice-President shall have qualified, in case of Whenever a majority of all the Members of the Cabinet
death, permanent disability, or inability of the officials transmit to the President of the Senate and to the Speaker
mentioned in the next preceding paragraph. of the House of Representatives their written declaration
that the President is unable to discharge the powers and
SECTION 8. In case of death, permanent disability, removal duties of his office, the Vice-President shall immediately
from office, or resignation of the President, the Vice- assume the powers and duties of the office as Acting
President shall become the President to serve the unexpired President.
term. In case of death, permanent disability, removal from
office, or resignation of both the President and Vice- Thereafter, when the President transmits to the President of
President, the President of the Senate or, in case of his the Senate and to the Speaker of the House of
inability, the Speaker of the House of Representatives, shall Representatives his written declaration that no inability
then act as President until the President or Vice-President exists, he shall reassume the powers and duties of his office.
shall have been elected and qualified. Meanwhile, should a majority of all the Members of the
Cabinet transmit within five days to the President of the
The Congress shall, by law, provide who shall serve as Senate and to the Speaker of the House of Representatives
President in case of death, permanent disability, or their written declaration that the President is unable to
resignation of the Acting President. He shall serve until the discharge the powers and duties of his office, the Congress
President or the Vice-President shall have been elected and shall decide the issue. For that purpose, the Congress shall
qualified, and be subject to the same restrictions of powers convene, if it is not in session, within forty-eight hours, in
and disqualifications as the Acting President. accordance with its rules and without need of call.
SECTION 9. Whenever there is a vacancy in the Office of the If the Congress, within ten days after receipt of the last
Vice-President during the term for which he was elected, the written declaration, or, if not in session, within twelve days
President shall nominate a Vice-President from among the after it is required to assemble, determines by a two-thirds
Members of the Senate and the House of Representatives vote of both Houses, voting separately, that the President is
who shall assume office upon confirmation by a majority unable to discharge the powers and duties of his office, the
vote of all the Members of both Houses of the Congress, Vice-President shall act as the President; otherwise, the
voting separately. President shall continue exercising the powers and duties of
his office.
SECTION 10. The Congress shall, at ten o’clock in the
morning of the third day after the vacancy in the offices of SECTION 12. In case of serious illness of the President, the
the President and Vice-President occurs, convene in public shall be informed of the state of his health. The
accordance with its rules without need of a call and within Members of the Cabinet in charge of national security and
seven days enact a law calling for a special election to elect foreign relations and the Chief of Staff of the Armed Forces
Page | 57
of the Philippines, shall not be denied access to the 5. Appropriations for said special election- Shall be charged
President during such illness. against any current appropriations and shall be exempt from
the requirements of paragraph 4 sec 25, Art VI of the
Rules when there is a vacancy before the beginning of the constitution.
term of the president.
6. The convening of congress and the special election-
1. In case of death or permanent disability of the president- Cannot be suspended or postponed.
elect- The vice president-elect shall become the president.
7. No special election shall be called- If the vacancy occurs
2. In case of failure to elect the president- The vice president within 18 months before the date of the next presidential
shall act as president until the president shall have been elections.
chosen and qualified.
Instances when there is presidential inability to discharge
3. In case no President or Vice President shall have been powers and duties of his office
chosen and qualified or were both shall have died or
become permanently disabled- 1. When the president transmits to the senate president and
to the speaker of the house of representatives his written
The Senate president or in case of his inability the Speaker of declaration that he is unable to discharge the powers and
the house of representatives shall act as president until a duties of his office- The powers and duties of his office shall
president or vice-president shall have been chosen or be discharged by the Vice President as Acting President.
qualified.
2. When a majority of all the members of the Cabinet
Congress shall by law provide for the manner in which one transmit to the senate president and to the speaker of the
who is to act as president shall be selected until a president house their written declaration that the president is unable
or vice-president shall have been qualified, in case of death, to discharge the powers and duties of his office- The vice
permanent disability or inability of the officials mentioned. president shall immediately assume the powers and duties of
the office as acting president.
Rules if vacancy occurs during the incumbency of the
president 3. President re-assumes the powers and duties of his office-
He transmits to the senate president and speaker of the
1. In case of death, permanent disability, removal from office, house his written declaration that no inability exists.
resignation by the president- The Vice President shall become
the President to serve the unexpired term. Cabinet members refutes the written declaration of the
president that no disability exists- Majority of all the
2. In case of death, permanent disability, removal from office, members of the cabinet should transmit within 5 days to the
resignation by the president and vice-president- The Senate senate president and speaker of the house their written
President or in case of his inability, the Speaker of the House declaration that the president is unable to discharge the
of Representatives shall act as president until the president or powers and duties of his office. When this happens, the
vice-president shall have been elected or qualified. disability of the president becomes an issue- Congress shall
decide such issue.
Rules and procedure if a vacancy occurs in the offices of the
President and Vice President Issue of disability of the president procedure
1. At 10:00 AM of the 3rd day after said vacancy occurs- 1. If congress is not in session, it shall convene within 48
Congress shall convene in accordance with its rules without hours in accordance with its rules and without the need of a
the need of a call. call
2. Within 7 days- Congress shall enact a law calling for a 2. Within 10 days from the receipt of the last declaration, or
special election to elect a president and an vice president. within 12 days, if not in session, it shall be determined by 2/3
3. Said special election shall be held- Not earlier than 45 days vote of both houses, voting separately that the president is
nor later than 60 days from the time of such call. unable to discharge his powers and duties of his office.
4. The bill calling such special election- Shall be deemed 3. If this disability is so declared, the vice president shall act
certified under par 2, Sec 26, Art VI of this constitution and as president, otherwise, the president shall continue
shall become law upon its approval on the 3rd reading by exercising the powers and duties of his office.
congress.
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Serious illness of the president- The public shall be informed President within ninety days from his assumption or
of the state of his health. The members of the cabinet in reassumption of office.
charge of the national security and foreign relations and the
chief of the armed forces shall not be denied access to the SECTION 15. Two months immediately before the next
president during such illness. presidential elections and up to the end of his term, a
President or Acting President shall not make appointments,
SECTION 13. The President, Vice-President, the Members of except temporary appointments to executive positions
the Cabinet, and their deputies or assistants shall not, unless when continued vacancies therein will prejudice public
otherwise provided in this Constitution, hold any other service or endanger public safety.
office or employment during their tenure. They shall not,
during said tenure, directly or indirectly, practice any other Restraint to a president or acting president in extending
profession, participate in any business, or be financially appointments- 2 months immediately before the next
interested in any contract with, or in any franchise, or presidential elections and up to the end of his term, a
special privilege granted by the Government or any president or acting president shall not make appointments,
subdivision, agency, or instrumentality thereof, including except temporary appointments to executive positions when
government-owned or controlled corporations or their continued vacancies therein will prejudice public service or
subsidiaries. They shall strictly avoid conflict of interest in endanger public safety. Hence, only temporary appointments
the conduct of their office. can be extended and only to executive positions when
continued vacancies therein will prejudice public service or
Inhibitions of the President, Vice President, Members of the endanger public safety.
Cabinet, their deputies and assistants.
Section 14 Art VII In relation to the following provisions.
1. He shall not hold any other office during his tenure.
SECTION 4. (1) The Supreme Court shall be composed of a
2. He shall not during his tenure directly or indirectly practice Chief Justice and fourteen Associate Justices. It may sit en
any other profession, participate in any business, or be banc or in its discretion, in divisions of three, five, or seven
financially interested in any contract with or in any franchise Members. Any vacancy shall be filled within ninety days from
or special privilege granted by the government or any the occurrence thereof.
subdivision, agency, or instrumentality thereof, including
GOCCs or their subsidiaries. SECTION 9. The Members of the Supreme Court and judges of
lower courts shall be appointed by the President from a list of
3. He shall avoid conflict of interest in the conduct of his at least three nominees prepared by the Judicial and Bar
office. Council for every vacancy. Such appointments need no
confirmation.
4. The spouse and relatives by consanguinity or affinity within
the 4th civil degree of the president shall not during his tenure Midnight appointments- Does not extend to appointments in
be appointed as members of the Constitutional Commissions, the judiciary. The prohibition is only confined in the executive
or the Office of the Ombudsman, or as secretaries, department.
undersecretaries, chairmen or heads of bureaus or offices,
including GOCCs and their subsidiaries. Succeeding president cannot revoke appointments to the
judiciary made by an acting president- Sec 14 refers only to
President’s immunity from suit- The president enjoys appointments in the executive department. It has no
immunity from suit during his tenure. After the tenure of the application in the judiciary because temporary or acting
president, immunity for non-official acts is lost. The rule is appointments can only undermine the judiciary die to their
that unlawful acts of public officials are not acts of the state being revocable at will. Prior to their mandatory retirement
and the officer who acts illegally is not acting as such but or resignation, judges of the first or second level courts and
stands in the same footing as any other trespasser. the justices of third level courts may only be removed for a
cause, but the members of the Supreme Court may be
Soliven vs Judge Makasiar- The privilege from immunity from removed only by impeachment.
suit pertains only to the president by virtue of his office,
hence, it may be invoked only by himself and not by any SECTION 16. The President shall nominate and, with the
other person in her behalf. consent of the Commission on Appointments, appoint the
heads of the executive departments, ambassadors, other
SECTION 14. Appointments extended by an Acting President public ministers and consuls, or officers of the armed forces
shall remain effective, unless revoked by the elected from the rank of colonel or naval captain, and other officers
whose appointments are vested in him in this Constitution.
Page | 59
He shall also appoint all other officers of the Government 2. The appointment may be given even when congress ins in
whose appointments are not otherwise provided for by law, session
and those whom he may be authorized by law to appoint.
The Congress may, by law, vest the appointment of other Ad interim
officers lower in rank in the President alone, in the courts, 1. This appointment refers only to positions which need
or in the heads of departments, agencies, commissions, or confirmation by the CA.
boards. 2. The appointment may be given only when congress is not
in session.
The President shall have the power to make appointments
during the recess of the Congress, whether voluntary or SECTION 17. The President shall have control of all the
compulsory, but such appointments shall be effective only executive departments, bureaus, and offices. He shall
until after disapproval by the Commission on Appointments ensure that the laws be faithfully executed.
or until the next adjournment of the Congress.
Extent of control power of the president- Only refers to the
The scope of the President’s appointing power power of the president to make an appointment but also the
1. Heads of executive department-subject to confirmation by power to remove whenever he deems it proper and
CA necessary. He suffers no legal constraint whatsoever in
2. Ambassadors or other public ministers and consuls- subject exercising the said power of appointment and removal except
to confirmation by CA that constitutional officers can only be removed by
3. Officers of the Armed Forces from the rank of Colonel or impeachment.
Naval Captain- subject to confirmation by CA
4. Other officers whose appointments are vested in him in Doctrine of qualified political agency- Is a corollary rule to
this constitution. the control powers of the president, under this doctrine,
5. All other officers of the government whose appointments which recognizes the establishment of a single executive, all
are not provided for in law. executive and administrative organizations are adjuncts of
6. Anyone whom he can appoint by authority of law. the executive department, the heads of the various executive
departments are assistants and agents of the Chief Executive,
Nature of appointing power by the president- Executive in and except, in cases where the CE is required by the
nature. constitution or by law to act in person on the exigencies of
the situation which demands that he acts personally, the
Regular appointment- It is an appointment made by the multifarious executive and administrative functions of the CE
president while congress is in session. It takes effect only are performed by and through the executive departments
after confirmation by the Commission on Appointments. and the acts of the secretaries of such departments,
Once the same is approved, it continues until the end of the performed and promulgated in the regular course of
term of the appointee. business, are, unless disapproved or reprobated by the CE
presumptively the acts of the CE. (Carpio vs Executive
Ad Interim appointment- It is an appointment made by the Secretary)
president while congress in not in session. It takes effect
immediately but ceases to be valid if disapproved by the Power of control- Power of an officer to alter or modify or set
Commission on Appointments or upon the next adjournment aside what his subordinate had done in the performance of
of congress. his duties and to substitute the judgment of the former for
that of the latter. Necessarily includes the power of
a. Purpose of Ad interim appointment- to prevent a supervision.
hiatus in the discharge of official duties.
b. It is permanent appointment Power of supervision- Is the power of a superior officer to
c. Effective immediately without need for ensure that the laws are faithfully executed by inferiors.
confirmation by the CA, but they are effective until
disapproved by the CA or until the next adjournment SECTION 18. The President shall be the Commander-in-Chief
of congress. of all armed forces of the Philippines and whenever it
becomes necessary, he may call out such armed forces to
Ad interim vs Acting capacity prevent or suppress lawless violence, invasion or rebellion.
In case of invasion or rebellion, when the public safety
Acting capacity appointment requires it, he may, for a period not exceeding sixty days,
1. The said appointment is given to those which do not need suspend the privilege of the writ of habeas corpus or place
confirmation. the Philippines or any part thereof under martial law.
Within forty-eight hours from the proclamation of martial
Page | 60
law or the suspension of the privilege of the writ of habeas would have the effect of increasing the foreign debt, and
corpus, the President shall submit a report in person or in containing other matters as may be provided by law.
writing to the Congress. The Congress, voting jointly, by a
vote of at least a majority of all its Members in regular or SECTION 21. No treaty or international agreement shall be
special session, may revoke such proclamation or valid and effective unless concurred in by at least two-thirds
suspension, which revocation shall not be set aside by the of all the Members of the Senate.
President. Upon the initiative of the President, the Congress
may, in the same manner, extend such proclamation or SECTION 22. The President shall submit to the Congress
suspension for a period to be determined by the Congress, if within thirty days from the opening of every regular session,
the invasion or rebellion shall persist and public safety as the basis of the general appropriations bill, a budget of
requires it. expenditures and sources of financing, including receipts
from existing and proposed revenue measures.
The Congress, if not in session, shall, within twenty-four
hours following such proclamation or suspension, convene Section 18- Military powers of the president
in accordance with its rules without any need of a call. Section 19- Executive clemency
Section 20- Refers to the power to enter into contracts or
The Supreme Court may review, in an appropriate guarantee foreign loans in behalf of the republic.
proceeding filed by any citizen, the sufficiency of the factual Section 21- Foreign relations
basis of the proclamation of martial law or the suspension Section 22- Submission and recommendation of budget of
of the privilege of the writ or the extension thereof, and receipts and expenditures to congress.
must promulgate its decision thereon within thirty days Section 23- State of the Nation address.
from its filing.
Powers of the president
A state of martial law does not suspend the operation of the 1. Executive power
Constitution, nor supplant the functioning of the civil courts 2. Appointment power
or legislative assemblies, nor authorize the conferment of 3. Control power
jurisdiction on military courts and agencies over civilians 4 Military power
where civil courts are able to function, nor automatically 5. Pardoning power
suspend the privilege of the writ. 6. Borrowing power
7. Diplomatic power
The suspension of the privilege of the writ shall apply only 8. Budgetary power
to persons judicially charged for rebellion or offenses 9. Informing power
inherent in or directly connected with the invasion. 10 Other powers
During the suspension of the privilege of the writ, any Designation- A person who is already in the public service is
person thus arrested or detained shall be judicially charged given additional duties. These duties are usually imposed by
within three days, otherwise he shall be released. law.
SECTION 19. Except in cases of impeachment, or as Appointment- The person who shall exercise the function of a
otherwise provided in this Constitution, the President may given office is selected by the authority vested with the
grant reprieves, commutations and pardons, and remit fines power to make a selection.
and forfeitures, after conviction by final judgment.
Commission- Written evidence of the appointment.
He shall also have the power to grant amnesty with the
concurrence of a majority of all the Members of the Steps in the appointment process:
Congress. 1. President makes the nomination.
2. The same is submitted to the CA for confirmation.
SECTION 20. The President may contract or guarantee 3. The appointee makes an acceptance of the appointment.
foreign loans on behalf of the Republic of the Philippines
with the prior concurrence of the Monetary Board, and Power of appointment- essentially a discretionary power.
subject to such limitations as may be provided by law. The
Monetary Board shall, within thirty days from the end of Limitations of power of appointment
every quarter of the calendar year, submit to the Congress a 1. The appointee should possess the minimum requirements
complete report of its decisions on applications for loans to prescribed by law for the position.
be contracted or guaranteed by the Government or
government-owned and controlled corporations which
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2. When an appointment is made by an acting president, the Alter ego principle- The members of the cabinet of the
same shall remain effective unless revoked by the elected president are referred to as his alter egos for even if they are
president within 90 days from his assumption of office. the heads of the different departments of the government,
they are considered as the extension of the personality of the
3. Two months immediately before the next presidential president. For this reason, acts performed and promulgated
elections and up to the end of his term, a president or acting in the regular acts of business, are, unless disapproved or
president shall not make appointments except temporary reprobated by the Chief Executive, presumptively the acts of
appointments to executive positions when continued the Chief Executive.
vacancies therein will prejudice public service or endanger
public safety. Decisions of Cabinet Members and other subordinate
executive officers- Subject to appeal to the President by way
4. Congress may limit presidential power of appointment by of Exhaustion of administrative remedies except in the
prescribing qualifications for public office. instances when the Doctrine of Qualified Political Agency
applies.
5. The judiciary may annul an appointment made by the
president if the appointee is not qualified or has been validly Military Powers
confirmed.
1. He may call out such armed forces to prevent or supress
Power of removal- Implied from the power to appoint. lawless violence, invasion, or rebellion. In case of invasion or
However, the president cannot remove officials appointed by rebellion, when the public safety requires it, he may, for a
him where the constitution prescribes certain methods for period not exceeding 60 days, suspend the privilege of the
separation of such officers from public service. writ of habeas corpus or place the Philippines or any part
thereof under martial law.
Villaluz vs Zaldivar- The president can discipline members of
the career service of the civil service who are appointed by 2. He may enforce discipline in the armed forces through
him. courts martial which may be created by the president under
and by virtue of his power as commander-in-chief of the
Classification of appointments Armed Forces of the Philippines.
1. Permanent
2. Temporary The president has no power to declare war or existence of
the state of war.
Permanent- A permanent appointment is extended to
persons who possess the required eligibility. As such, they Suspension of the Writ of Habeas Corpus
enjoy security of tenure. 1. In case of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding 60 days,
Temporary- It is revocable at will and without the necessity of suspend the privilege of the writ of habeas corpus.
just cause or valid investigation. As the term itself connotes,
the temporary appointee may be replaced at anytime a Limitations to the military powers of the president
permanent choice is made.
1. He may call out the armed forces to prevent or supress
Effect of designation- Like a temporary appointment, is not lawless violence, invasion, or rebellion only.
subject to confirmation by the CA. When a person is merely
designated, and not appointed, he shall hold office in a 2. The grounds for the suspension of the privilege of the writ
temporary capacity and he may be removed at will by the of habeas corpus and the proclamation of martial law are
appointing power. now limited only to invasion or rebellion.
Control- It is the power of an officer to alter, modify, or nullify 3. The duration of suspension should not exceed 60 days
or set aside what a subordinate officer had done in the following which it shall be lifted, unless extended by congress.
performance of his duties and to substitute the judgment of
the former for that of the latter. 4. The congress, voting jointly, by a vote of at least a majority
of all its members in the regular or special session, may
Supervision- It is the power or authority of an officer to see revoke such proclamation or suspension, which revocation
that subordinate officers perform their duties, and if the shall not be set aside by the president.
latter fail or neglect to fulfil them, then the former may take
such an action or steps as prescribed by law.
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5. Congress may extend such proclamation or suspension for 2. President’s report in person or in writing to congress-
a period to be determined by the congress, if the invasion or Within 48 hours from the proclamation of martial law or the
rebellion shall persist and public safety requires it. suspension of the writ of habeas corpus, the president shall
submit a report in person or in writing to congress.
6. The Supreme Court may review, in an appropriate
proceeding filed by any citizen, the sufficiency of the factual 3. Review and possible revocation by congress- The
basis of the proclamation of martial law or the suspension of congress, voting jointly, by a vote of at least a majority of all
the writ of habeas corpus or the extension thereof, and must its members in regular or special session, may revoke such
promulgate its decision thereon within 30 days from filing. proclamation or suspension, which revocation shall not be set
aside by the president.
7. The suspension of the privilege of the writ shall apply only
to persons judicially charged for rebellion or offenses 4. Review and possible nullification by the Supreme Court-
inherent or directly connected with the invasion. The SC may review, in an appropriate proceeding filed by any
citizen, the sufficiency of the factual basis of the proclamation
8. A state of martial law does not suspend the operation of of martial law on the suspension of the privilege of the writ or
the constitution, nor supplant the functioning of the civil the extension thereof, and must promulgate its decision
courts or legislative assemblies, nor authorize the conferment within 30 days from its filing.
of jurisdiction on military courts and agencies over civilians
where the civil courts are able to function, nor automatically Pardoning power- It is an act of grace given by those who
suspend the privilege of the writ. have the power ad authority to execute laws which exempts
the individual subject of pardon from the punishment which
9. During the suspension of the privilege of the writ, any the law inflicts for a crime he has committed.
person thus arrested or detained shall be judicially charged
within 3 days otherwise he shall be released. Executive Clemency- It is an executive function and not a
function of the judiciary. It is also a non-delegable power and
Conditions for congress to grant emergency powers to the it can only be exercised by the president personally.
president (David vs Arroyo)
Reprieve- The execution of the sentence is stayed or
1. There must be a war or other emergency; economic, postponed.
natural disaster, national security.
Parole- The person subject of the parole is released from
2. Delegation must be for a limited period only. imprisonment but his liberty is not fully restored because the
parolee is still considered in the custody of the law although
3. The delegation must be subject to such restrictions as the he is not in confinement.
congress may prescribe
Amnesty- It is an act of grace given with the concurrence of
4. The emergency powers must be exercised to carry out a congress. It is usually extended to groups of persons who
national policy declared by congress. committed political offenses and it abolishes the offense
itself.
Resolution despite mootness of the petition grounds (David
vs Arroyo) Commutation- The penalty is mitigated or reduced.
1. When paramount public interest is involved.
2. When there is a grave violation of the constitution. Difference between pardon and amnesty
3. When there is a need to formulate principles for the
guidance of the bench, the bar, and the public. Pardon
4. When the decision is capable of repetition, yet evading
review. 1. Granted by the Chief Executive and therefore it is a private
act which must be pleaded and proved by the person
Limitations to the power to suspend the privilege of Habeas pardoned because the courts take no notice thereof.
Corpus and to impose Martial Law
2. It is granted to one after his conviction by final judgment.
1. 60 day limit- The president may, for a period not exceeding
60 days, suspend the writ of habeas corpus or place the 3. Pardon looks forward and relieves the offender from the
Philippines or any part thereof under Martial Law. consequences of an offense of which he has been convicted.
It abolishes or forgives the punishment and for that reason it
does not work the restoration of the rights to hold public
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office, or the right to suffrage unless such rights be expressly 4. It cannot be granted in cases of legislative contempt, or
restored by the terms of the pardon, and it in no case civil contempt as it violates the separation of powers.
exempts the culprit from the payment of the civil indemnity
imposed upon him by the sentence. 5. It cannot absolve the convict of the civil liability.
1. It is a proclamation of the Chief Executive with the *Other criminal offenses if any which are separate and
concurrence of congress. Hence, it is a public act which the distinct from political offenses and not absorbed in the
court shall take judicial notice. rebellion, are not included in amnesty
2. Amnesty is granted to classes of persons or communities Borrowing power- The president may contract or guarantee
who may be guilty of political offenses, generally before or foreign loans on behalf of the republic with the prior
after the institution of the criminal prosecution and concurrence of the monetary board, and subject to such
sometimes after conviction. limitations as may be provided by law. The monetary board
shall submit to congress a report on loans within 30 days
3. Amnesty looks backward and abolishes and puts into from the end of every quarter.
oblivion the offense itself, it so overlooks and obliterates the
offense with which he is charged that the person released by Sps Renato Constantino et al vs Hon. Jose B. Cusia et al.
amnesty stands before the law precisely as though he had
committed. 1. The constitution allows the president to contract and
guarantee foreign loans. It makes no prohibition on the
2 Kinds of Pardon issuance of certain kinds of loans or distinctions as to which
1. Absolute kind of debt instrument are more onerous than the other.
2. Conditional
2. The only restriction that the constitution provides aside
A pardon whether absolute or conditional, is in the nature of from the prior concurrence of the monetary board, is that the
a deed for the validity of which delivery is an indispensable loans must be subject to the limitations provided by law.
requisite. Until accepted, all benefits to the grantee may be
cancelled. But once accepted by the grantee, the pardon 3. Sec 1 of RA 245- It empowers the secretary of finance with
already delivered cannot be revoked by the authority which the approval of the president and after consultation with the
granted it. monetary board, to borrow from time to time on the credit of
the Republic of the Philippines such sum or sums as in his
Absolute pardon- Is complied with even without acceptance judgment may be necessary, and to issue therefore evidences
of the person pardoned. of indebtedness of the Philippine Government. Ineluctably
then, while the president wields the borrowing power it is the
Conditional pardon- Has no force until it is accepted by the Sec. of Finance who normally carries out its thrusts.
one condemned.
Diplomatic Power
Limitations on the pardoning power
Treaty- It is concluded by the president with the advice and
1. It cannot be granted in cases of impeachment. consent of the senate. No treaty or international agreement
shall be valid and effective unless concurred in by at least 2/3
2. It cannot be granted in cases of violation of election laws of all the members of the senate.
without the favourable recommendation of the COMELEC.
Executive agreement- Is concluded by the president based on
3. It can be granted only after conviction by final judgment. authority granted by congress or based on the inherent
a. People vs Salle- The court declared that the 1987 authority granted the president by the constitution.
Constitution prohibits the grant of pardon whether
full or conditional, to an accused during the Budgetary power- The president shall submit to congress
pendency of his appeal from the judgment of within 30 days from the opening of every regular session, as
conviction by the trial court. Any application for the basis of the general appropriations act, a budget of
pardon should not be acted upon, or the process expenditures and sources of financing, including receipts
toward is grant should not be begun, unless the from existing and proposed revenue measures.
appeal is withdrawn.
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Informing power- The president shall address the congress at prescribed by law is higher than prision correctional
the opening of its regular session. He may also appear before or imprisonment for 6 years or a fine of 6000;
it any time. Provided, however, that offenses or felonies
mentioned in this paragraph where the penalty
Other powers of the president prescribed by law does not exceed prision
1. Approve or veto bills. correctional or imprisonment of 6 years or a fine of
2. Emergency powers 6000 shall be tried by the proper Regional Trial Court
3. Tariff power. and Municipal Circuit Trial Court.
4. General supervision over local governments and
autonomous regional governments. Appellate jurisdiction
5. May give his consent to deputized government personnel
by the Commission on elections and to discipline its deputies. 1. On appeal, from the final judgment, resolutions or
6. Call congress to a special session. orders of the RTC in cases originally decided by them
in their respective territorial jurisdiction.
Article VIII: Judicial Deparment 2. By petition for review, from the final judgments,
resolutions, or orders of the RTC in the exercise of
SECTION 1. The judicial power shall be vested in one their appellate jurisdiction over cases originally
Supreme Court and in such lower courts as may be decided by the MeTC, MTC, or MCTC in their
established by law. respective jurisdiction.
Judicial power includes the duty of the courts of justice to 2. Court of Tax Appeals- Created by RA 1225.
settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or Exclusive original jurisdiction to review on appeal
not there has been a grave abuse of discretion amounting to the following:
lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government. 1. Decisions of the Commissioner of Internal
Revenue in
Lower Courts – Section 2 Judicial Reorganization Act of 1980 a. Cases involving disputed assessments,
refunds of internal revenue taxes, or other
1. Court of Appeals- Presiding Justice and 50 Associate charges, penalties imposed in relation
Justices, 17 Divisions each composed of 3 members. thereto.
b. Other matters arising under the NIRC or
2. Regional Trial Court- 20 Judicial Regions other law or part of law administered by the
BIR.
3. Metropolitan Trial Court- Established in each Metropolitan 2. Decisions of the Commissioner of Customs in
area. a. Cases involving liability for customs
duties, fees, or other money charges,
4. Municipal Circuit Trial Courts- Established in each circuit seizure, detention or release of property
composing such cities and/or municipalities as are grouped affected, fines, forfeitures, or other
together pursuant to law. penalties imposed in relation thereto.
b. Other matters arising under the Customs
Courts not mentioned in the Judiciary Reorganization Act of Law or other laws administered by the
1980 but they are considered part of the judicial department Bureau of Customs
3. Decisions of Provincial or City Boards of
1. Sandiganbayan- Created by PD 1606 as amended. Assessment Appeals
a. Cases involving the assessment and
Exclusive original jurisdiction taxation of real property.
b. Other matters arising under the
1. Violations of the Anti- graft and corrupt practices Assessment Law now the Local Government
act and Chapter II, Sec 2, Title VII, Revised Penal Code, including rules and regulations
Code. relative thereto.
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3. Sharia District Courts- Vreated by PD 1083 or the Code of d. Disposition and distribution of property
Muslim Personal Laws of the Philippines. upon divorce
e. Maintenance and support, and
Exclusive original jurisdiction consolatory gifts
1. All cases involving custody, guardianship, f. Restitution of marital rights
legitimacy, paternity, and filiation arising g. All cases involving disputes relative to
under the code. communal properties.
2. All cases involving the disposition,
distribution, and settlement of the estate of Traditional concept of judicial power- Refers only to the
deceased muslim, probate of wills, issuance authority to settle justiciable controversies or disputes
of letters administration or appointment of involving rights that are enforceable and demandable before
administrators or executors regardless of the court of justice or the redress of wrongs for the violation
the nature or the aggregate value of the of such rights.
property.
3. Petitions for declaration of absence and New definition of judicial power (expanded jurisdiction and
death for cancellation or correction of authority) - The traditional concept of judicial power, ad
entries in the Muslim registries mentioned above- mentioned, including now the duty of the courts to
in Title VI of Book 2 of the code. determine whether or not there has been a grave abuse of
4. All actions arising from customary discretion amounting to lack or excess of jurisdiction on any
contracts in which the parties are muslims, part of any branch or instrumentality of the government,
if they have not specified which law shall constitutes the totality of the judicial power which is now
gover their relations. vested by our constitution in one Supreme Court and in such
5. All petitions for mandamus, prohibition, lower courts as may be established by law.
injunction, certiorari, habeas corpus, and
other auxiliary writs and processes in aid of To determine whether or not grave abuse of discretion
its appellate jurisdiction. amounting to lack or excess of jurisdiction was committed
goes beyond the mere legality of a questioned act, or
Original Jurisdiction transaction, whether it is committed or entered into by the
1. Petition by muslims or the constitution of highest official of the land or any other official or branch of
a family home, change of name and the government.
commitment of an insane person to any
asylum. New Concept of judicial power
2. All other personal and real actions not
mentioned in paragraph 1 (d) wherein the 1. The abuse of discretion, as alleged, must be grave which
parties involve are muslims except those for amounts to lack or excess of jurisdiction.
forcible entry and unlawful detainer, which
shall fall under the exclusive original 2. The alleged grave abuse of discretion will have yet to be
jurisdiction of the MCTC and determined by the courts of justice particularly the SC.
3. All special civil actions for interpleader or
declaratory relief wherein the parties are 3. That if indeed it is true that there exists a grave abuse of
muslims or the property involved belongs discretion amounting to lack or excess of jurisdiction, our
exclusively to muslims. courts of justice, particularly the SC, can check even congress
and the president or even constitutional bodies because they
4. Sharia Circuit Courts- Created by PD 1083 fall within the phrase “branch or instrumentality of the
government”.
Exclusive Jurisdiction
1. Offenses defined and punished under the When there is grave abuse of discretion- There is grave
code. abuse of discretion where the power is exercises in an
2. All civil actions and proceedings between arbitrary or despotic manner by reason of passion, prejudice,
parties who are muslims or have been or personal hostility amounting to an evasion of positive duty
married in accordance with art 13 involving or to a virtual refusal to perform the duty enjoined or not to
disputes relating to act at all in contemplation of law.
a. marriage
b. Divorce recognized under this code
c. Betrothal or breach of contract to marry
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Constitutional safeguards that guarantee the independence but may not deprive the Supreme Court of its jurisdiction
of the judiciary over cases enumerated in Section 5 hereof.
1. Members of the judiciary have security of tenure.
2. Members of the SC can only be removed by impeachment. No law shall be passed reorganizing the Judiciary when it
3. The SC is a constitutional body, hence it may not be undermines the security of tenure of its Members.
abolished by the legislature.
4. The SC has administrative supervision over all other courts. Limitations on the congress’ power to create courts
5. The SC has exclusive power to discipline judges/ justices of 1. This power may not deprive the SC of its jurisdiction over
inferior courts. cases enumerated in sec 5.
6. The SC may not be deprived of the minimum original and 2. No law shall be passed reorganizing the judiciary when it
appellate jurisdiction. Appellate jurisdiction may not be undermines the security of tenure of its members.
increased without its advice and concurrence.
7. The members of the judiciary may not be designated to any SECTION 3. The Judiciary shall enjoy fiscal autonomy.
agency performing quasi-judicial or administrative functions. Appropriations for the Judiciary may not be reduced by the
8. The judiciary enjoys fiscal autonomy. legislature below the amount appropriated for the previous
9. The SC alone may initiate rules of court. year and, after approval, shall be automatically and
10. The SC alone may order temporary detail of judges. regularly released.
11. The SC can appoint all officials and employees of the
judiciary. Congress cannot reduce the appropriations for the judiciary
12. Salaries of judges may not be reduced. below the amount appropriated for the previous year and
Principle of Judicial Hierarchy of Courts- In the observance of after approval, the amount appropriated shall automatically
this principle, petitions for the issuance of extraordinary writs and regularly released.
against first level courts should be filed with the RTC and
those against the latter, the CA. A direct invocation of the Judicial privilege- Certain information contained in the record
SC’s original jurisdiction to issue these writs should be of a case before the court are considered confidential and are
allowed only when there are special and important reasons exempt from disclosure
therefore, clearly and specifically set out in the petition.
Inter-departmental courtesy- Holds that each branch of the
Doctrine of Judicial Stability- No court can interfere by government is considered separate, co-equal, coordinate and
injunction with the judgment or orders of another court of supreme within its own sphere under the legal and political
concurrent jurisdiction having the power to grant the relief reality of one overarching constitution that governs one
sought by the injunction. government and one nation for whose benefit all the 3
separate branches must act with unity.
Agan Jr et al vs PIATCO- There is fundamental difference
between a case in court and an investigation of a SECTION 4. (1) The Supreme Court shall be composed of a
congressional committee. The purpose of a judicial Chief Justice and fourteen Associate Justices. It may sit en
proceeding is to settle the dispute in controversy by banc or in its discretion, in divisions of three, five, or seven
adjudicating on the legal rights and obligations of the parties Members. Any vacancy shall be filled within ninety days
to the case. On the other hand, a congressional investigation from the occurrence thereof.
is conducted in aid of legislation. Its aim is to assist and
recommend to the legislature a possible action that the body (2) All cases involving the constitutionality of a treaty,
may take with regard to a particular issue, specifically as to international or executive agreement, or law, which shall be
whether or not to enact a new law or amend an existing one. heard by the Supreme Court en banc, and all other cases
which under the Rules of Court are required to be heard en
The court cannot treat the findings in a congressional banc, including those involving the constitutionality,
committee report as binding because the facts elicited in application, or operation of presidential decrees,
congressional hearings are not subject to the rigors of the proclamations, orders, instructions, ordinances, and other
Rules of Court on admissibility of evidence. The court in regulations, shall be decided with the concurrence of a
assuming jurisdiction over the petitions at bar simply majority of the Members who actually took part in the
performed its constitutional duty as the arbiter of legal deliberations on the issues in the case and voted thereon.
disputes properly brought before it, especially I this instance
when public interest requires nothing less. (3) Cases or matters heard by a division shall be decided or
resolved with the concurrence of a majority of the Members
SECTION 2. The Congress shall have the power to define, who actually took part in the deliberations on the issues in
prescribe, and apportion the jurisdiction of various courts the case and voted thereon, and in no case, without the
concurrence of at least three of such Members. When the
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required number is not obtained, the case shall be decided (a) All cases in which the constitutionality or validity of any
en banc: Provided, that no doctrine or principle of law laid treaty, international or executive agreement, law,
down by the court in a decision rendered en banc or in presidential decree, proclamation, order, instruction,
division may be modified or reversed except by the court ordinance, or regulation is in question.
sitting en banc.
(b) All cases involving the legality of any tax, impost,
Cases that should be heard by the SC en banc assessment, or toll, or any penalty imposed in relation
thereto.
A. Constitutionality of the ff:
1. Treaty (c) All cases in which the jurisdiction of any lower court is in
2. International agreement issue.
3. Executive agreement
3. Law (d) All criminal cases in which the penalty imposed is
reclusion perpetua or higher.
B. All other cases which under the Rules of Court are
required to be heard en banc (e) All cases in which only an error or question of law is
involved.
C. All cases involving the constitutionality, application, or
operation of (3) Assign temporarily judges of lower courts to other
1. Presidential Decrees stations as public interest may require. Such temporary
2. Proclamations assignment shall not exceed six months without the consent
3. Orders of the judge concerned.
4. Instructions
5. Ordinances (4) Order a change of venue or place of trial to avoid a
6. And other regulations miscarriage of justice.
Supreme Court En Banc- Cases are decided by the (5) Promulgate rules concerning the protection and
concurrence of a majority of the members who actually took enforcement of constitutional rights, pleading, practice, and
part in the deliberations on the issues in the case and voted procedure in all courts, the admission to the practice of law,
thereon. the Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and
7- Is the majority of 12- inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall
Matters heard by a division- Shall be decided or resolved not diminish, increase, or modify substantive rights. Rules of
with the concurrence of a majority of the members who procedure of special courts and quasi-judicial bodies shall
actually took part in the deliberations on the issues in the remain effective unless disapproved by the Supreme Court.
case and voted thereon, and in no case, without the
concurrence of at least 3 of such members. (6) Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.
When the required number is not obtained, the case shall be
decided en banc. Provided, that no doctrine or principle of SECTION 6. The Supreme Court shall have administrative
law laid down by the court in a decision rendered en banc or supervision over all courts and the personnel thereof.
in division may be modified or reversed except by the court
sitting en banc. Powers of the Supreme Court
1. Jurisdiction- Section 5 (1) and (2)
SECTION 5. The Supreme Court shall have the following 2. Auxiliary administrative powers Section 5 (3) (4) (5) (6)
powers: Section 6.
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Appellate Jurisdiction 3. The constitutional question must be raised at the earliest
1. Sec 5 (2) possible opportunity.
a. Constitutionality or validity of a treaty, 4. The decision of the constitutional question must be
international or executive agreement, law, necessary to the determination of the case itself.
presidential decree, proclamation, order, instruction,
ordinance, or regulation. Actual case or controversy- Real and substantial controversy,
b. Legality of any tax, impost, assessment, or toll or and not merely a dispute of a hypothetical character, which is
any penalty imposed in relation thereto cognizable by a court of justice and which it can decide on the
c. All cases in which the jurisdiction of any lower basis of an existing law and jurisprudence.
court is in issue.
d. All criminal cases in which the penalty imposed is The conflict must be one that has assumed the propositions
reclusion perpetua or higher. of a full scale controversy between the parties who have
contrasting assertions, and on account of which, they pray for
Auxiliary Administrative Powers relief or reliefs contrary to the relief of the other, leaving the
court no other alternative than to decide on the merits of the
1. Sec 5 (3)- Assign temporarily judges of the lower courts to case on the basis of what it finds proper and just according to
other stations as public interest may require. Such temporary law and jurisprudence. This is different from an advisory
assignment shall not exceed 6 months without the consent of opinion where the relief being asked is merely that of asking
the judge concerned. an opinion, suggestion, or comment, instead of a decision
which determines the conflicting claims of the parties.
2. Sec 5 (4)- Order a change of venue or ploace of trial to
avoid a miscarriage of justice Proper parties- Is one who has sustained or is in immediate
danger of sustaining an injury as a result of the act as
3. Sec 5 (5)- Promulgate rules concerning the complained of. Until and unless such actual or potential injury
1. Protection and enforcement of constitutional is established, the complainant cannot have the legal
rights personality to raise the constitutional question.
2. Pleading
3. Admission to the practice of law People vs Vera
4. Practice and procedure in all courts
5. Integrated bar General rule: The question of constitutionality must be raised
6. legal assistance to the underprivileged at the earliest possible opportunity, so that if not raised by
7. Simplified and inexpensive procedure for the the pleadings, ordinarily it may not be raised at trial and if not
speedy disposition of cases raised in the trial court, it will not be considered on appeal.
8. Rules of procedure of special courts and quasi-
judicial bodies. Exception:
4. Sec 5 (6)- Appoint all officials and employees of the 1. In criminal and civil cases, the constitutional question can
judiciary in accordance with the Civil Service Law. be raised at any time in the discretion of the court, or if it is
necessary to the determination of the case itself.
5. Sec 6- The Supreme Court shall have administrative
supervision over all courts and the personnel thereof. 2. Question for lack of jurisdiction may be raised at anytime
even on appeal. Except: Principle of estoppel
Increase/ decrease of jurisdiction- Congress may not
diminish the jurisdiction granted by the constitution to the Cases of legal standing
SC, but it may diminish the jurisdiction granted by a statute. 1. Taxpayers- illegal disbursement of funds.
2. Intergenerational responsibility- right to a balanced and
Power of judicial review/ Judicial Supremacy- It is the healthful ecology.
assertion of the solemn and sacred obligation assigned to the 3. Concerned citizens- issues of transcendental importance.
judiciary by the constitution to determine conflicting claims of
authority under the constitution and to establish for the Section 1. Petition for certiorari. — When any
parties in an actual controversy the right which that tribunal, board or officer exercising judicial or quasi-judicial
instrument secures and guarantees the, functions has acted without or in excess its or his jurisdiction,
Requisites of judicial review or inquiry or with grave abuse of discretion amounting to lack or excess
1. There must be an actual case or controversy. of jurisdiction, and there is no appeal, or any plain, speedy,
2. The question of constitutionality must be raised by the and adequate remedy in the ordinary course of law, a person
proper party. aggrieved thereby may file a verified petition in the proper
Page | 69
court, alleging the facts with certainty and praying that Limitations of the power to promulgate rules concerning
judgment be rendered annulling or modifying the pleading, practice, and procedure and admission to the
proceedings of such tribunal, board or officer, and granting practice of law
such incidental reliefs as law and justice may require. 1. Shall provide a simplified and inexpensive procedure for
the speedy disposition of cases.
The petition shall be accompanied by a certified true copy of 2. Shall be uniform for all courts of the same grade.
the judgment, order or resolution subject thereof, copies of 3. They shall not diminish, increase, or modify substantive
all pleadings and documents relevant and pertinent thereto, rights.
and a sworn certification of non-forum shopping as provided
in the third paragraph of section 3, Rule 46. (1a) Effects of a statute which is declared unconstitutional
1. Orthodox view- Under this view, an unconstitutional act,
Section 2. Petition for prohibition. — When the whether legislative or executive, is not a law, confer no rights,
proceedings of any tribunal, corporation, board, officer or imposes no duties and affords no protection.
person, whether exercising judicial, quasi-judicial or 2. Second view- The SC simply ignores statutes deemed
ministerial functions, are without or in excess of its or his unconstitutional. It does not strike the statute from the
jurisdiction, or with grave abuse of discretion amounting to books, it does not repeal, supersede, revoke, or annul the
lack or excess of jurisdiction, and there is no appeal or any statute.
other plain, speedy, and adequate remedy in the ordinary
course of law, a person aggrieved thereby may file a verified Requisites for declaration of partial unconstitutionality
petition in the proper court, alleging the facts with certainty 1. That the legislature is willing to retain the valid portion
and praying that judgment be rendered commanding the even if the rest is declared illegal (with separability clause).
respondent to desist from further proceedings in the action 2. The valid portions can stand independently as a separate
or matter specified therein, or otherwise granting such statute.
incidental reliefs as law and justice may require.
Writ of Amparo- It is a remedy available to any prson whose
The petition shall likewise be accompanied by a certified true right to life, liberty and security has been violated or is
copy of the judgment, order or resolution subject thereof, threatened with violation by an unlawful act or omission of a
copies of all pleadings and documents relevant and pertinent public official or employee, or of a private individual or entity.
thereto, and a sworn certification of non-forum shopping as
provided in the third paragraph of section 3, Rule 46. (2a) It holds public authorities, those who took their oath to
defend the constitution and enforce our laws, to a higher
Section 3. Petition for mandamus. — When any standard of official conduct and hold them accountable to our
tribunal, corporation, board, officer or person unlawfully people.
neglects the performance of an act which the law specifically
enjoins as a duty resulting from an office, trust, or station, or Constitutional basis of the writ- Sec 5 (5) Art VIII of the
unlawfully excludes another from the use and enjoyment of a constitution- Powers to promulgate rules concerning the
right or office to which such other is entitled, and there is no protection and enforcement of constitutional rights, pleading,
other plain, speedy and adequate remedy in the ordinary practice, and procedure in all courts.
course of law, the person aggrieved thereby may file a
verified petition in the proper court, alleging the facts with It is broad enough to protect individuals not only against
certainty and praying that judgment be rendered actual violations but also against threats of violation of rights
commanding the respondent, immediately or at some other And it covers not only unlawful acts or omissions of public
time to be specified by the court, to do the act required to be officials or employees but also that of private individuals or
done to protect the rights of the petitioner, and to pay the entities.
damages sustained by the petitioner by reason of the
wrongful acts of the respondent. Writ of Habeas Data- It is a remedy available to any person
whose right to privacy in life, liberty, or security is violated or
The petition shall also contain a sworn certification of non- threatened by an unlawful act or omission of a public official
forum shopping as provided in the third paragraph of section or employee, or of a private individual or entity engaged in
3, Rule 46. (3a) the gathering, collecting, or storing of data or information
regarding the person, family, home, and correspondence of
Habeas Corpus Rule 102- This is a writ directed to a person the aggrieved party.
detaining another and commanding him to produce the body
of the prisoner at a certain time and place and to state the This compels the government and military officials to allow
cause of his action detention. Habeas corpus is a remedy to families of victims of enforced disappearances access to
relieve persons from unlawful restraint. official documents by invoking the right of truth. The said writ
Page | 70
has been used in solving the problem of extralegal killings and SECTION 8. (1) A Judicial and Bar Council is hereby created
enforced disappearances in Latin American countries under under the supervision of the Supreme Court composed of
military dictatorship. the Chief Justice as ex officio Chairman, the Secretary of
Justice, and a representative of the Congress as ex officio
Enforced disappearance of persons- Means the arrest, Members, a representative of the Integrated Bar, a
detention, or abduction of persons by, or with the professor of law, a retired Member of the Supreme Court,
authorization, support, or acquiescence of a state or a and a representative of the private sector.
political organization, followed by a refusal to acknowledge
that deprivation of freedom or to give information on the (2) The regular Members of the Council shall be appointed
fate or whereabouts of those persons, with the intention of by the President for a term of four years with the consent of
removing them from the protection of the law for a the Commission on Appointments. Of the Members first
prolonged period of time. appointed, the representative of the Integrated Bar shall
serve for four years, the professor of law for three years, the
Hearings in chambers- Where the respondent invokes the retired Justice for two years, and the representative of the
defense that the release of the data or information in private sector for one year.
question shall compromise national security or state secrets
or when the data or information cannot be divulged to the (3) The Clerk of the Supreme Court shall be the Secretary ex
public due to its nature or privileged character. officio of the Council and shall keep a record of its
proceedings.
Writ of kalikasan- It is a legal remedy under Philippine law
which provides for the protection of one’s right to a balanced (4) The regular Members of the Council shall receive such
and healthful ecology in accord with the rhythm and harmony emoluments as may be determined by the Supreme Court.
of nature as provided in section 16 Art II of the Philippine The Supreme Court shall provide in its annual budget the
Constitution. appropriations for the Council.
SECTION 7. (1) No person shall be appointed Member of the (5) The Council shall have the principal function of
Supreme Court or any lower collegiate court unless he is a recommending appointees to the Judiciary. It may exercise
natural-born citizen of the Philippines. A Member of the such other functions and duties as the Supreme Court may
Supreme Court must be at least forty years of age, and must assign to it.
have been for fifteen years or more a judge of a lower court
or engaged in the practice of law in the Philippines. Principal function of the Judicial and Bar Council- It shall
have the principal function of recommending appointees to
(2) The Congress shall prescribe the qualifications of judges the judiciary. It may exercise such other functions and duties
of lower courts, but no person may be appointed judge as the SC may assign to it.
thereof unless he is a citizen of the Philippines and a
member of the Philippine Bar. Composition of the JBC
1. Chief Justice- Ex-officio chairman
(3) A Member of the Judiciary must be a person of proven 2. Secretary of Justice- Ex-officio member
competence, integrity, probity, and independence. 3. Representative of Congress- Ex-officio member
4. Representative of the Integrated Bar
Qualifications of a Supreme Court Justice 5. Law professor
1. Natural born citizen of the Philippines 6. Retired member of the Supreme Court
2. At least 40 yrs of age. 7. Representative of the Private sector.
3. Have been for 15 years or more a judge of a lower court or 8. Clerk of SC- Secretary Ex -officio
engages in the practice of law in the Philippines.
4. Person of proven competence, integrity, probity, and Regular members- Appointed by the President with the
independence. consent of the CA.
Qualifications of judges of lower courts Rotational schemes observed in the appointment of the
1. Citizen of the Philippines. members of the council
2. Members of the Philippine bar. 1. Of the member first appointed, the representative of the
3. They must possess the qualifications prescribed by IBP shall serve 4 years.
congress. 2. Professor- 3 years
4. They must be persons of proven competence, integrity, 3. Retired justice- 2 years
probity, and independence. 4. Representative of the private sector- 1 year
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The JBC is intended to minimize, if not, remove the exercise majority of the Members who actually took part in the
of political influence in the appointment of justices and deliberations on the issues in the case and voted thereon.
judges. In reality, however, the influence of politicians is still
being felt especially in the appointment of justices and judges Abolition of statutory courts by congress- Statutory courts
of courts. may be abolished by congress as long as the abolition is done
in good faith.
The president has the discretion to appoint justices of the SC.
The only consolation is that the appointees are known to be Removal of judges of inferior courts- Removable by the SC en
and recognized as brilliant lawyers and academicians in their banc.
respective fields of expertise. Besides, they are known as SECTION 12. The Members of the Supreme Court and of
lawyers of proven competence, integrity, probity, and other courts established by law shall not be designated to
independence. any agency performing quasi-judicial or administrative
functions.
Composition of the Supreme Court
1. Chief Justice SECTION 13. The conclusions of the Supreme Court in any
2. 14 associate justices case submitted to it for decision en banc or in division shall
be reached in consultation before the case is assigned to a
The number of the members of the SC and of the divisions is Member for the writing of the opinion of the Court. A
fixed by the constitution and may not be changed by statute. certification to this effect signed by the Chief Justice shall be
issued and a copy thereof attached to the record of the case
SECTION 9. The Members of the Supreme Court and judges and served upon the parties. Any Member who took no
of lower courts shall be appointed by the President from a part, or dissented, or abstained from a decision or
list of at least three nominees prepared by the Judicial and resolution must state the reason therefor. The same
Bar Council for every vacancy. Such appointments need no requirements shall be observed by all lower collegiate
confirmation. courts.
For the lower courts, the President shall issue the 3 Requirements for the procedure and the mechanics in the
appointments within ninety days from the submission of the issuance of decisions of the SC and all over collegiate courts
list. 1. The conclusions of the SC in any case submitted to it for
decision en banc or in division shall be reached in
Difference as to the period when the president shall fill up a consultation before the case is assigned to a member for the
vacancy in the SC or lower court- In the SC, any vacancy shall writing of the opinion of the court.
be filed within ninety days from the occurrence thereof. For 2. Once decision is reached, a certification to this effect
the lower courts, the president shall issue the appointment signed by the Chief Justice shall be issued and a copy thereof
within 90 days from the submission of the list. attached to the record of the case and served upon the
parties.
SECTION 10. The salary of the Chief Justice and of the 3. Any member who took no part, dissented, or abstained
Associate Justices of the Supreme Court, and of judges of from a decision or resolution must state the reason therefor.
lower courts shall be fixed by law. During their continuance
in office, their salary shall not be decreased. Consing vs Court of Appeals- It was held that the absence of
said certification does not invalidate the decision. Indeed, it
Perfecto vs Meer and Endencia vs David- Imposition of may be possible that the decision had not been reached in
income tax on the salaries of judges was declared consultation before it was assigned to a member for the
unconstitutional on the ground that to do so would result in writing of the opinion of the court but there was no
the reduction of the compensation. certification at the end of the decision.
Nitafan vs CIR- It was held that the salaries may be subject to SECTION 14. No decision shall be rendered by any court
income tax. without expressing therein clearly and distinctly the facts
and the law on which it is based.
SECTION 11. The Members of the Supreme Court and judges
of lower courts shall hold office during good behavior until No petition for review or motion for reconsideration of a
they reached the age of seventy years or become decision of the court shall be refused due course or denied
incapacitated to discharge the duties of their office. The without stating the legal basis therefor.
Supreme Court en banc shall have the power to discipline
judges of lower courts, or order their dismissal by a vote of a A decision which does not state clearly and distinctly the facts
and the law on which it is based, deprives not only the parties
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but also the practitioners, professors, and students as to the Period cases must be decided
factual and legal considerations that guided the court in 1. Supreme court- Within 24 months from the date of
reaching the decision. submission which means upon the filing of the last pleading,
brief, or memorandum required by the rules of court or the
Court decisions, particularly the decisions of the SC, are court itself.
discussed , scrutinized, and cited by lawyers and non-lawyers 2. Lower Collegiate courts- Within 12 months unless reduced
from time to time and in the years to come. by the Supreme Court counted from the date of submission
which means upon the filing of the last pleading, brief,
The requirement that a court decision should state clearly memorandum required by the rules of court or by the court
and distinctly the facts and the law on which it is cited does itself.
not apply to the following: 3. Lower Courts- Within 3 months unless reduced by the
Supreme Court counted from the date of submission which
1. Court orders which resolve incidental matters only. means upon the filing of the last pleading, brief,
memorandum required by the rules of court or by the court
2. Minute resolutions in the ff cases itself.
a. Cases which are patently without merit, where the
issues are factual in nature, where the decision Section 15 par 4 makes no distinction as to whether or not it
appealed from is supported by substantial evidence applies both to the SC or to the lower courts. It makes the
and is in accord with the facts of the case and period mandatory for the “court”.
applicable laws.
b. In cases where it is clear from the records that the SECTION 16. The Supreme Court shall, within thirty days
petitions were filed merely to forestall the early from the opening of each regular session of the Congress,
execution of judgment and for non-compliance with submit to the President and the Congress an annual report
the rules. on the operations and activities of the Judiciary.
3. In administrative cases where the issues raised therin have This provision is not intended to place the SC under the
been previously duly considered and passed upon. control of the president and congress but merely to give the
government, particularly the executive department and
SECTION 15. (1) All cases or matters filed after the effectivity congress, the opportunity to know how they can help
of this Constitution must be decided or resolved within improve the judicial system.
twenty-four months from date of submission for the
Supreme Court, and, unless reduced by the Supreme Court, Article IX: Constitutional Commissions
twelve months for all lower collegiate courts, and three
months for all other lower courts. SECTION 1. The Constitutional Commissions, which shall be
independent, are the Civil Service Commission, the
(2) A case or matter shall be deemed submitted for decision Commission on Elections, and the Commission on Audit.
or resolution upon the filing of the last pending, brief, or
memorandum required by the Rules of Court or by the court SECTION 2. No Member of a Constitutional Commission
itself. shall, during his tenure, hold any other office or
employment. Neither shall he engage in the practice of any
(3) Upon the expiration of the corresponding period, a profession or in the active management or control of any
certification to this effect signed by the Chief Justice or the business which in any way be affected by the functions of
presiding judge shall forthwith be issued and a copy thereof his office, nor shall he be financially interested, directly or
attached to the record of the case or matter, and served indirectly, in any contract with, or in any franchise or
upon the parties. The certification shall state why a decision privilege granted by the Government, any of its
or resolution has not been rendered or issued within said subdivisions, agencies, or instrumentalities, including
period. government-owned or controlled corporations or their
subsidiaries.
(4) Despite the expiration of the applicable mandatory
period, the court, without prejudice to such responsibility as SECTION 3. The salary of the Chairman and the
may have been incurred in consequence thereof, shall Commissioners shall be fixed by law and shall not be
decide or resolve the case or matter submitted thereto for decreased during their tenure.
determination, without further delay.
SECTION 4. The Constitutional Commissions shall appoint
their officials and employees in accordance with law.
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SECTION 5. The Commission shall enjoy fiscal autonomy. Brillantes vs Yorac- The Chairman and the Commissioners of
Their approved annual appropriations shall be automatically the COMELEC must be extended permanent appointments by
and regularly released. the president but such appointments shall have the consent
of the Commission on Appointments. The president has no
SECTION 6. Each Commission en banc may promulgate its power to designate a temporary chairman. This prerogative
own rules concerning pleadings and practice before it or may be exercised by the members of the COMELEC for they
before any of its offices. Such rules however shall not may, by a majority vote, designate one of them as temporary
diminish, increase, or modify substantive rights. chairman pending the appointment of a permanent chairman
by the president.
SECTION 7. Each Commission shall decide by a majority vote
of all its Members any case or matter brought before it Period to decide a case or matter by each commission-
within sixty days from the date of its submission for decision Within 60 days from the date of its submission for decision or
or resolution. A case or matter is deemed submitted for resolution.
decision or resolution upon the filing of the last pleading,
brief, or memorandum required by the rules of the SC- No power to disapprove the internal rules of the
Commission or by the Commission itself. Unless otherwise commission. However, they can be subject of judicial review if
provided by this Constitution or by law, any decision, order, the said rules diminish, increase, or modify substantive rights.
or ruling of each Commission may be brought to the
Supreme Court on certiorari by the aggrieved party within The Civil Service Commission
thirty days from receipt of a copy thereof.
SECTION 1. (1) The Civil Service shall be administered by the
SECTION 8. Each Commission shall perform such other Civil Service Commission composed of a Chairman and two
functions as may be provided by law. Commissioners who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least
Salary thirty-five years of age, with proven capacity for public
1. Chairman- 204,000 annually administration, and must not have been candidates for any
2. Members- 180,000 elective position in the elections immediately preceding
3. Said salaries may not be increased during their continuance their appointment.
in office.
(2) The Chairman and the Commissioners shall be appointed
Term of office- All the members of the Constitutional by the President with the consent of the Commission on
Commission are appointed by the president with the consent Appointments for a term of seven years without
of the Commission on Appointments for a term of 7 years reappointment. Of those first appointed, the Chairman shall
without re-appointment. However, they will not vacate their hold office for seven years, a Commissioner for five years,
offices at the same time because of the constitutional and another Commissioner for three years, without
provision on staggering their terms. reappointment. Appointment to any vacancy shall be only
for the unexpired term of the predecessor. In no case shall
Of the commissioners first appointed, the chairman shall have any Member be appointed or designated in a temporary or
a term of 7 years, another 5 years and the third of 3 years. acting capacity.
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Qualifications of Chairman and Commissioners 2. Primarily confidential position- A position held by one in
1. Natural-born citizens of the Philippines. whom personal trust and confidence is reposed by the
2. 35 years of age at the time of their appointment. appointing power.
3. With proven capacity for public administration. 3. Highly technical position- A position held by one possessing
4. Must not have been candidates for any elective position in superior technical training.
the elections immediately preceding their appointment.
A person without civil service eligibility be appointed under
SECTION 2. (1) The civil service embraces all branches, the following conditions:
subdivisions, instrumentalities, and agencies of the 1. The temporary appointment shall not exceed 12 months.
Government, including government-owned or controlled 2. The appointee may be replaced sooner if a qualified civil
corporations with original charters. service eligible becomes available.
3. The said temporary appointment may be withdrawn or
(2) Appointments in the civil service shall be made only discontinued, with or without cause.
according to merit and fitness to be determined, as far as
practicable, and, except to positions which are policy- Protection of security of tenure (Administrative Code of 1987)
determining, primarily confidential, or highly technical, by 1. The grounds for the discipline of civil service servants are
competitive examination. enumerated in sec 46 Book V (A)
2. The procedure of investigation is likewise provided in
(3) No officer or employee of the civil service shall be section 46
removed or suspended except for cause provided by law. 3. During the pendency of his administrative investigation the
employee charged shall be subject to preventive suspension.
(4) No officer or employee in the civil service shall engage, 4. The preventive suspension shall, however, be lifted after
directly or indirectly, in any electioneering or partisan 90 days, if he is not a presidential appointee unless the delay
political campaign. in the investigation is equitable to him.
(5) The right to self-organization shall not be denied to Domingo vs Development Bank of the Philippines-
government employees. 1. Reorganization is a recognized valid ground for separation
of civil service employees, subject only to the condition that it
(6) Temporary employees of the Government shall be given be done in good faith. No less than the constitution itself in
such protection as may be provided by law. sec.16 of the transitory provisions, together with secs. 33 and
34 of e.o. 81 and sec. 9 of ra 6656, sipport this conclusion
with the declaration that all those not so appointed in the
Coverage of the system implementation of said reorganization shall be deemed
1. All branches, subdivisions, instrumentalities and agencies separated from the service with the concomitant recognition
of the government. of their entitlement to appropriate separation benefits or
2. All GOCCs with ORIGINAL charters, which refer to retirement plans of the reorganized agency.
corporations which have been created by special law, or
granted legislative characters, and not through the general 2. The state puts a premium on an individual’s efficiency,
corporation law. merit and fitness before one is accepted to the career service.
A civil service employee’s efficiency rating, therefore, is a
Government owned or controlled corporations- Means that decisive factor for his continued service with the government,
if a corporation ceases to be owned or controlled by the The inescapable conclusion is that a below average efficiency
government, it ceases to be within the coverage of the civil rating is sufficient justification for the termination of a
service system. government employee. An employee’s separation must be
affirmed if public good is to be subserved.
Test to determine whether a corporation is government
owned or controlled corporation subject to Civil Service General Rule: An officer or employee in the CS cannot engage
Law- The test is under what law it was created. directly or indirectly in any electioneering or partisan political
activity.
Appointment in the Civil Service- Made according to merit
and fitness which is determined by competitive examination. Exception: The said prohibition does not prevent any officer
or employee from expressing his views on current political
The following are exempted from competitive examinations: problems or from mentioning his views on current political
1. Policy-determining position- A position held by one whose problems or issues, or from mentioning the names of
duty is to formulate policies and guidelines of the candidates for public office whom he supports.
government.
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Partisan political activity- Means active support for or not because of mere political patronage, they have strong
affiliation with the cause of a political party or candidate. This morale and confidence in the discharge of their duties.
would include, among others, being a candidate for any
political convention, being an officer or member of any SECTION 4. All public officers and employees shall take an
political committee, party or organization, delivering oath or affirmation to uphold and defend this Constitution.
speeches, canvassing or soliciting votes or political support or
contributions for any political party or candidate or, in SECTION 5. The Congress shall provide for the
general, becoming actively identified with the success or standardization of compensation of government officials
failure of any candidate or candidates for election to public and employees, including those in government-owned or
office. controlled corporations with original charters, taking into
account the nature of the responsibilities pertaining to, and
Who are exempted from the prohibition against any the qualifications required for their positions.
partisan political activity?
1. Members of the cabinet- For the reason that they were SECTION 6. No candidate who has lost in any election shall,
appointed by the president precisely to support him and his within one year after such election, be appointed to any
administration in all undertakings where they could office in the Government or any government-owned or
contribute their skill, experience, and political influence. controlled corporations or in any of their subsidiaries.
Members of the Armed Forces- Subject to the prohibition for SECTION 7. No elective official shall be eligible for
the reason that their involvement poses a threat to the peace appointment or designation in any capacity to any public
and stability in any place or community where they are office or position during his tenure.
stationed.
Unless otherwise allowed by law or by the primary functions
Right to self-organization- Government employees are of his position, no appointive official shall hold any other
entitled to this right but they have no right to strike. office or employment in the Government or any subdivision,
agency or instrumentality thereof, including government-
Temporary appointment- Guarantee of security of tenure not owned or controlled corporations or their subsidiaries.
applicable to them because they may be removed at any time
without cause. Elective official may be appointed to any other public office-
Upon acceptance of the appointment, he should resign from
SECTION 3. The Civil Service Commission, as the central his elective position.
personnel agency of the Government, shall establish a
career service and adopt measures to promote morale, SECTION 8. No elective or appointive public officer or
efficiency, integrity, responsiveness, progressiveness, and employee shall receive additional, double, or indirect
courtesy in the civil service. It shall strengthen the merit and compensation, unless specifically authorized by law, nor
rewards system, integrate all human resources development accept without the consent of the Congress, any present,
programs for all levels and ranks, and institutionalize a emolument, office, or title of any kind from any foreign
management climate conducive to public accountability. It government.
shall submit to the President and the Congress an annual
report on its personnel programs. Pensions or gratuities shall not be considered as additional,
double, or indirect compensation.
Functions of the Civil Service Commission
1. To promote morale, efficiency, integrity, responsiveness, General rule: An elective or appointive public officer and
progressiveness, and courtesy in the civil service. employee shall not receive additional, double, or indirect
2. It shall strengthen the merit and awards system, integrate compensation.
all human resources development programs for all levels and
ranks. Exception: When said elective or appointive public official
3. To institutionalize a management climate conducive to and employee is specifically authorized by law to receive said
public accountability. additional, double, or indirect compensation.
4. It shall submit to the president and the congress an annual
report on the personnel program. Concurrent position- The said two positions may be held at
the same time as long as they are not incompatible with each
Advantage of an efficient career service system- It rewards other. However, the incumbent cannot collect additional
competency and merit. When employees are promoted salaries for services rendered unless specifically authorized by
because of their own merits, efficiency, and competence and law.
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Additional or double compensation- There is additional *The chairman and members of the COMELEC must be
compensation when for one and the same office for which a appointed or designated on a permanent capacity.
compensation has been fixed there is added to such fixed
compensation an extra reward such as a bonus. This is not *The president has no power to appoint a temporary
allowed if there is no law specifically authorizing such an chairman. This prerogative belongs to the members of the
extra reward. commission themselves.
Page | 77
candidates related to elections constitute interference in and city officials. Its decisions, final orders, ruling on election
national affairs, and, when accepted, shall be an additional contests involving elective municipal and barangay offices
ground for the cancellation of their registration with the shall be final, executor and not appealable.
Commission, in addition to other penalties that may be
prescribed by law. Powers to enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite,
(6) File, upon a verified complaint, or on its own initiative, referendum, initiative, and recall
petitions in court for inclusion or exclusion of voters; 1. Require compliance with the rules for the filing of
investigate and, where appropriate, prosecute cases of certificates of candidacy.
violations of election laws, including acts or omissions 2. Take preventive measures to avoid fraud and other
constituting election frauds, offenses, and malpractices. election offenses.
3. Supervise registration of voters, annul illegal registry of
(7) Recommend to the Congress effective measures to voters.
minimize election spending, including limitation of places 4. Supervise holding of polls.
where propaganda materials shall be posted, and to prevent 5. To see to it that votes are canvassed properly, annul or
and penalize all forms of election frauds, offenses, suspend canvass, and supervise and control , relieve election
malpractices, and nuisance candidacies. inspectors and canvassers.
6. To proclaim the winners.
(8) Recommend to the President the removal of any officer 7. Supervise and regulate use of franchise.
or employee it has deputized, or the imposition of any other
disciplinary action, for violation or disregard of, or Torres vs COMELEC- COMELEC en banc may directly assume
disobedience to its directive, order, or decision. jurisdiction over a petition to correct manifest errors in the
tabulation or tallying of results by the board of canvassers.
(9) Submit to the President and the Congress a
comprehensive report on the conduct of each election, Antonio jr. vs COMELEC- The SC ruled that the power to
plebiscite, initiative, referendum, or recall. declare a failure of election involved the power to decide
election contests which belonged not to the COMELEC but to
Nature of the powers of the COMELEC- Being an the courts and the proper electoral tribunals. However in
administrative agency, the powers of the COMELEC are Biliwang vs COMELEC- The SC upheld the power of the
supposed to be confined only to executive, quasi-judicial, and COMELEC to annul an entire municipal election on the ground
quasi-legislative powers. of post-election terrorism, not on the basis of its expanded
jurisdiction over election protests. This is anchored on the
In actual practice however, the commission is the sole judge broader power of the COMELEC to protect the integrity of the
of all contests relating to the election, returns, and election so that the will of the electorate is not defeated.
qualifications of all regional, provincial, and city officials
which, in effect, is part of judicial power or function. Failure of election grounds
The difference lies in the fact that while the COMELEC is 1. When the election in any polling place had been suspended
performing such power or function, it cannot claim to before the hour fixed by law for the closing of the voting due
exercise so called inherent powers of regular courts. It has to force majeure, violence, terrorism, fraud and other
been held therefore, that it can only issue writs of certiorari, analogous cases.
prohibition, and mandamus granted by BP 697 sec 50, but
these can only be exercised in connection with its appellate 2. When the election in any polling place had been suspended
jurisdiction under IX © Sec 2, (2) before the hour fixed by law for the closing of the voting on
account of force majeure, violence, terrorism, fraud, or other
Powers of the COMELEC analogous circumstances.
1. Executive- Enforces and administers all laws relative to the
conduct of an election, plebiscite, initiative, referendum, and 3. After the voting and during the preparation and
recall. transmission if the election returns or in the custody or
2. Legislative- Issues rules and regulations to implement the canvass thereof of such election results in a failure to elect
election laws. It has the power to exercise such legislative due to force majeure, violence, terrorism, fraud or other
functions as may be expressly delegated by congress. analogous causes.
3. Judicial- Resolves all cases or controversies that may arise
in the enforcement of election laws. It is the sole judge of all
pre-proclamation disputes and all contests relating to the
election, returns, and qualifications of all regional, provincial
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Requirements before the COMELEC en banc can conduct a 2. No recall shall take place within 1 year from the date of the
hearing on a verified petition to declare failure of election. official’s assumption of office or 1 year immediately
preceding a regular local election.
1. There must be a verified petition to declare a failure of
election Pungutan vs Abubakar- It is not within the power of the
comelec to determine whether a person can exercise the
2. The said petition must show on its face 2 conditions right to vote, or whether a person is precluded from
a. That no voting has taken place in the precinct on exercising the right of suffrage or not. This is a judicial
the date fixed by law or even if there was voting, the question, within the jurisdiction of courts of justices.
election nevertheless results in a failure to elect.
b. The votes not cast would affect the results of the Power to deputize law enforcement agencies- The COMELEC
election. may exercise such power only with the concurrence of the
president as commander-in-chief.
Borja vs COMELEC- A petition to declare a failure of election
is neither a pre-proclamation controversy as classified under Alunan vs Mirasol- Election contests involving election of SK
the Revised COMELEC Rules of Procedure nor an election officials do not fall within the jurisdiction of the COMELEC. It
case. is not contrary to the powers granted by the constitution to
the COMELEC.
Balindong vs COMELEC et al.- The mere fact that the transfer
of polling place was not made in accordance with law does Power to register political parties- A political party acquires
not warrant a declaration of failure of election and the juridical personality from the time it is registered by the
annulment of the proclamation of the winning candidate, COMELEC. If it is not registered, it is merely a group of
unless the number of cast votes will affect the result of the persons who opted to exercise their right of association
election. without the benefits derived from the formal act of
registration such as the right to participate under the party-
Sanchez vs COMELEC- The authority to call a special election list system.
of the COMELEC was upheld on the ground that failure of
election justifies the calling of a special election in order to Grounds to refuse registration of a political party
make the COMELEC truly effective in the discharge of its 1. Religious denominations and sects shall not be registered.
functions. 2. Those which seek to achieve their goals through violence
and unlawful means shall not be registered.
Jurisdiction of the COMELEC before proclamation (Pre- 3. Those which refuse to upheld and adhere to the
proclamation controversy)- Is administrative or quasi-judicial. constitution shall also be refused registration.
Hence, it is governed by the requirements of administrative 4. Those which are supported by a foreign government.
due process. (Those registered but it has accepted financial contributions
from foreign governments- ground for cancellation of
Jurisdiction of the COMELEC after the proclamation registration)
(Contest)- Jurisdiction of the COMELEC is judicial. Hence, it is
governed by the requirements of judicial due process. Power to prosecute cases of violation of election laws
1. The COMELEC can file upon verified complaint, petitions in
Bince vs COMELEC- The COMELEC can annul a proclamation court for inclusion or exclusion of voters.
or suspend the effects of a proclamation only with notice and 2. It can, on its own initiative, file petitions for inclusion or
hearing, otherwise, such an action is a violation of the exclusion of voters.
constitutional right to due process. 3. It can investigate violation of election laws, including acts
or omissions constituting election frauds, offenses, and
Montejo vs COMELEC- The COMELEC has no authority to re- malpractice.
apportion the congressional districts, this authority is within 4. It can prosecute violation of election laws, including acts or
the power of congress. omissions constituting election frauds, offenses, and
malpractice.
Recall election Limitations (Local Government Code) 5. Other government prosecutors may investigate and
prosecute violations of election laws only when they have
1. Any elective local official may be the subject of a recall been deputized by the COMELEC.
election only once during his term of office for the loss of
confidence. SECTION 3. The Commission on Elections may sit en banc or
in two divisions, and shall promulgate its rules of procedure
in order to expedite disposition of election cases, including
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pre-proclamation controversies. All such election cases shall SECTION 7. No votes cast in favor of a political party,
be heard and decided in division, provided that motions for organization, or coalition shall be valid, except for those
reconsideration of decisions shall be decided by the registered under the party-list system as provided in this
Commission en banc. Constitution.
Decisions in election contests relating to the Block-voting is not allowed except is the votes cast are for
election, returns, qualifications of all regional, those registered under the party-list system.
provincial, and city officials, which are within its
original jurisdiction, they may be appealed to the SC SECTION 8. Political parties, or organizations or coalitions
in a petition for certiorari under Rule 65 of the Rules registered under the party-list system, shall not be
of Court. Based on the determination whether there represented in the voters’ registration boards, boards of
was grave abuse of discretion amounting to lack or election inspectors, boards of canvassers, or other similar
excess of jurisdiction. bodies. However, they shall be entitled to appoint poll
With respect to decisions in election contests watchers in accordance with law.
involving municipal or barangay officials as
originally decided by RTC or MTC, which are within SECTION 9. Unless otherwise fixed by the Commission in
its appellate jurisdiction, the same shall be final, special cases, the election period shall commence ninety
executory and not appealable. days before the day of the election and shall end thirty days
after.
SECTION 4. The Commission may, during the election period,
supervise or regulate the enjoyment or utilization of all Election period- It is the time needed to administer an
franchises or permits for the operation of transportation election. It goes beyond the day of the voting by express
and other public utilities, media of communication or constitutional provision, thus “ the election period shall
information, all grants, special privileges, or concessions commence 90 days before the day of election and end 30
granted by the Government or any subdivision, agency, or days thereafter.
instrumentality thereof, including any government-owned
or controlled corporation or its subsidiary. Such supervision Campaign period- Period where the votes are solicited.
or regulation shall aim to ensure equal opportunity, time, President, Vice President, Senators- 90 days before
and space, and the right to reply, including reasonable, the day of the election.
equal rates therefor, for public information campaigns and Members of the House of Representatives and
forums among candidates in connection with the objective elective provincial, city, and municipal officials- 45
of holding free, orderly, honest, peaceful, and credible days before the day of the election
elections. In preparation of the election calendar, the
COMELEC may exclude the day before and the day of
Emilio M. R. Osmena and Pablo Garcia vs COMELEC the election itself, Maundy Thursday, and Good
1. There is no suppression of political ads but only a Friday.
regulation of the time and manner of advertising. Any election campaign or partisan political activity
2. There is a substantial or legitimate government interest for or against any candidate outside of the campaign
justifying the exercise of the regulatory power of the period herein provided is prohibited and shall be
COMELEC. considered as an election offense punishable under
3. COMELEC take-over of the advertising page of newspapers, the Omnibus Election Code.
on the commercial time of radio and tv stations, and
allocating those to the candidates is valid. SECTION 10. Bona fide candidates for any public office shall
be free from any form of harassment and discrimination.
SECTION 5. No pardon, amnesty, parole, or suspension of
sentence for violation of election laws, rules, and SECTION 11. Funds certified by the Commission as necessary
regulations shall be granted by the President without the to defray the expenses for holding regular and special
favorable recommendation of the Commission. elections, plebiscites, initiatives, referenda, and recalls, shall
be provided in the regular or special appropriations and,
SECTION 6. A free and open party system shall be allowed to once approved, shall be released automatically upon
evolve according to the free choice of the people, subject to certification by the Chairman of the Commission.
the provisions of this Article.
Commission on Audit
All parties, organizations, and coalitions are considered equal
for purpose of electoral process. The concept of accreditation SECTION 1. (1) There shall be a Commission on Audit
is not provided in the constitution. composed of a Chairman and two Commissioners, who shall
Page | 80
be natural-born citizens of the Philippines and, at the time necessary and appropriate to correct the deficiencies. It
of their appointment, at least thirty-five years of age, shall keep the general accounts of the Government and, for
certified public accountants with not less than ten years of such period as may be provided by law, preserve the
auditing experience, or members of the Philippine Bar who vouchers and other supporting papers pertaining thereto.
have been engaged in the practice of law for at least ten
years, and must not have been candidates for any elective (2) The Commission shall have exclusive authority, subject
position in the elections immediately preceding their to the limitations in this Article, to define the scope of its
appointment. At no time shall all Members of the audit and examination, establish the techniques and
Commission belong to the same profession. methods required therefor, and promulgate accounting and
auditing rules and regulations, including those for the
(2) The Chairman and the Commissioners shall be appointed prevention and disallowance of irregular, unnecessary,
by the President with the consent of the Commission on excessive, extravagant, or unconscionable expenditures, or
Appointments for a term of seven years without uses of government funds and properties.
reappointment. Of those first appointed, the Chairman shall
hold office for seven years, one Commissioner for five years, Authority and duty of the COA
and the other Commissioner for three years, without 1. Settle all accounts of the government.
reappointment. Appointment to any vacancy shall be only 2. Examine and audit all expenditures of government.
for the unexpired portion of the term of the predecessor. In 3. Examine and audit all revenues of government.
no case shall any Member be appointed or designated in a 4. Promulgate accounting and auditing rules including those
temporary or acting capacity. for the prevention and disallowance of irregular,
unnecessary, excessive, extravagant or unconscionable
Composition expenditures, or uses of government funds and properties.
1. Chairman 5. Define the scope and techniques for its own autditing
2. Appointed by the president with consent of the CA. procedures.
SECTION 2. (1) The Commission on Audit shall have the 1. All collections and revenues turned over to the national
power, authority, and duty to examine, audit, and settle all treasury cannot be released without corresponding
accounts pertaining to the revenue and receipts of, and appropriation made by law. In the absence of a law either
expenditures or uses of funds and property, owned or held authorized by the constitution itself or by congress, it is the
in trust by, or pertaining to, the Government, or any of its duty of the COA to refuse approval of any request to disburse
subdivisions, agencies, or instrumentalities, including public funds.
government-owned or controlled corporations with original
charters, and on a post-audit basis: (a) constitutional bodies, 2. To protect public funds, and to see to it that these funds
commissions and offices that have been granted fiscal are disbursed and spent properly, the COA is not only limited
autonomy under this Constitution; (b) autonomous state to the exercise of the power and authority provided in sec 2
colleges and universities; (c) other government-owned or (1). It can also bring to the attention of the President and
controlled corporations and their subsidiaries; and (d) such Congress, through its annual report, its assessment of the
non-governmental entities receiving subsidy or equity, financial condition and operation of the government. It can
directly or indirectly, from or through the Government, even recommend measures necessary to improve their
which are required by law or the granting institution to effectiveness and efficiency.
submit to such audit as a condition of subsidy or equity.
However, where the internal control system of the audited 3. Any monetary claim against the government must first be
agencies is inadequate, the Commission may adopt such filed with the COA, which must act upon it within 60 days. If
measures, including temporary or special pre-audit, as are
Page | 81
said claim is rejected, the claimant can elevate the matter to Office- It is that function by virtue of which a person has
the SC on certiorari under rule 65. some employment in the affairs of another, whether the
incumbent holds the position either by virtue of an
4. The constitutional competence of the COA is only with appointment or by election, and whether the appointment is
respect to the administrative aspect of the expenditure of for a fixed term or at the pleasure of the appointing power.
public funds and not with respect to the criminal aspect for
the irregular expenditures. Hence, even if a voucher has been Public office vs Contract
approved by the COA, the provincial fiscal is not precluded to
determine whether criminal liability has been incurred. Public office
1. It is a creation of sovereignty.
Power to settle accounts- Means the power to settle 2. It is more lasting In nature
liquidated accounts, that is, those accounts which may be 3. Its object is to carry out sovereign as well as governmental
adjusted simply by an arithmetical process. It does not functions which involve even persons who are not parties to
include the power to fix the amount of an unfixed or the agreement.
undetermined debt.
Contract
SECTION 3. No law shall be passed exempting any entity of 1. Contract arises from the agreement or will of the parties.
the Government or its subsidiary in any guise whatever, or 2. The effectivity of the contract may be for a long or short
any investment of public funds, from the jurisdiction of the period of time, as may be agreed upon by the parties.
Commission on Audit. 3. The obligations arising from the contract is, as a rule,
enforceable only between the parties to the contract.
SECTION 4. The Commission shall submit to the President
and the Congress, within the time fixed by law, an annual SECTION 2. The President, the Vice-President, the Members
report covering the financial condition and operation of the of the Supreme Court, the Members of the Constitutional
Government, its subdivisions, agencies, and Commissions, and the Ombudsman may be removed from
instrumentalities, including government-owned or office, on impeachment for, and conviction of, culpable
controlled corporations, and non-governmental entities violation of the Constitution, treason, bribery, graft and
subject to its audit, and recommend measures necessary to corruption, other high crimes, or betrayal of public trust. All
improve their effectiveness and efficiency. It shall submit other public officers and employees may be removed from
such other reports as may be required by law. office as provided by law, but not by impeachment.
Page | 82
Culpable violation of the constitution- It is a wilful and (5) No impeachment proceedings shall be initiated against
intentional violation of the constitution. It does not, therefore the same official more than once within a period of one
cover violations committed unintentionally, or in good faith, year.
or on account of an honest mistake of judgment.
(6) The Senate shall have the sole power to try and decide
Treason- Revised Penal Code, Art 114 as, any Filipino citizen all cases of impeachment. When sitting for that purpose, the
who levies war against the Philippines or adheres to her Senators shall be on oath or affirmation. When the
enemies, giving them aid or comfort within the Philippines or President of the Philippines is on trial, the Chief Justice of
elsewhere. It is a violation by a subject of his allegiance or his the Supreme Court shall preside, but shall not vote. No
sovereign or to supreme authority by the state. person shall be convicted without the concurrence of two-
thirds of all the Members of the Senate.
Bribery- Arts 210 and 211 of the Revised Penal Code, Direct
or Indirect Bribery. (7) Judgment in cases of impeachment shall not extend
further than removal from office and disqualification to hold
Other high crimes- They are those offenses which like treason any office under the Republic of the Philippines, but the
and bribery are of enormous gravity that they strike at the party convicted shall nevertheless be liable and subject to
very life or orderly workings of government. prosecution, trial, and punishment according to law.
Betrayal of public trust- This covers any and all offenses or (8) The Congress shall promulgate its rules on impeachment
acts which are violations of the oath of office of the to effectively carry out the purpose of this section.
impeachable officers mentioned, even if they are not
punishable by statute as penal offenses, as long as they Procedure of impeachment
render the public official concerned as unfit to continue in
office. 1. Filing of complaint- The complaint is filed either by a
Ex. Tyrannical abuse of power, inexcusable member of the HR or by any citizen upon a resolution of
negligence of duty, betrayal of public interest, breach of endorsement by any member thereof.
official duty, cronyism, favouritism, obstruction of justice. 2. Complaint is referred to a proper committee:
a. Committee deliberation of the complaint.
SECTION 3. (1) The House of Representatives shall have the Thereafter, the committee should decide whether
exclusive power to initiate all cases of impeachment. the complaint is sufficient in form or substance.
b. After hearing and by a majority vote of all its
(2) A verified complaint for impeachment may be filed by members, the committee shall submit its report to
any Member of the House of Representatives or by any the house within 60 days from the referral of the
citizen upon a resolution of endorsement by any Member complaint, together with the corresponding
thereof, which shall be included in the Order of Business resolution.
within ten session days, and referred to the proper c. The resolution shall be calendared for
Committee within three session days thereafter. The consideration by the house within 10 session days
Committee, after hearing, and by a majority vote of all its from the receipt thereof.
Members, shall submit its report to the House within sixty d. A vote of at least 1/3 of all the members of the
session days from such referral, together with the house shall be necessary either to affirm a
corresponding resolution. The resolution shall be calendared favourable resolution with the Articles of
for consideration by the House within ten session days from Impeachment of the committee, or override its
receipt thereof. contrary resolution. The vote of each member shall
be recorded.
(3) A vote of at least one-third of all the Members of the 3. Complaint is sent to the Senate which will try and decide
House shall be necessary either to affirm a favorable cases of impeachment
resolution with the Articles of Impeachment of the a. Filed by at least 1/3 of all the members of the HR.
Committee, or override its contrary resolution. The vote of the same shall constitute the Articles of
each Member shall be recorded. Impeachment
4. Trial and Conviction- The senate tries the impeachment
(4) In case the verified complaint or resolution of and convicts by a vote of 2/3 of all the members of the
impeachment is filed by at least one-third of all the Senate.
Members of the House, the same shall constitute the
Articles of Impeachment, and trial by the Senate shall No impeachment proceedings shall be initiated
forthwith proceed. against the same official more than once within a
period of 1 year.
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Initiation of impeachment proceeding- From the Sandiganbayan vs Ombudsman
time it is filed by a member of the HR or by any
citizen upon a resolution of indorsement by any Sandiganbayan
member thereof.
Senate- Sole power to try and decide all cases of 1. It is the court trying cases falling within the Anti- Graft and
impeachment. Corrupt Practices Act.
Rules applicable- Rules of senate. Rules of court only
supplemental whenever applicable. 2. It is composed of a presiding justice and 8 associate
Quantum of evidence- Substantial evidence justices, with the rank of Justice of the Court of Appeals. It sits
Conviction in impeachment does not bar prosecution in 3 divisions and there are 3 members in each division.
from a criminal proceeding, double jeopardy as a
defense will not prosper. 3. In order that a case may fall under the exclusive jurisdiction
Judgment of congress in impeachment proceedings of the Sandiganbayan the following requisites must concur:
is not subject to judicial review, however the courts 1. The offense committed is a violation the Anti-
may annul the proceedings if there is a showing of a Graft and Corrupt Practices Act.
grave abuse of discretion committed by the congress 2. The offender is a public official or employee
or of non-compliance with the procedural holding any of the positions enumerated in par a, sec
requirements of the constitution. 4 RA 8249.
3. The offense committed is in relation to the office.
Nature of impeachment proceeding
4. In this connection, it is not enough to state in the
Judicial and penal- The constitutional rights of the accused information that the offense was committed by an accused
and the right to due process and against self-incrimination public officer in relation to his office, the exact offense must
are available in this proceeding. be stated with particularity.
Administrative- Nature of the penalty, “ Judgment in all cases 5. The Sandiganbayan was created by PD 1606 as amended.
of impeachment shall not extend further than removal from
office and disqualification to hold any office under the The Ombudsman
Republic of the Philippines”. It is only in his conviction that he
shall be liable and subject to prosecution, trial, and 1. The Ombudsman shall exercise the powers mentioned in
punishment, it is only from there when the official will be Sec 13 and it is also vested with prosecutorial functions under
subject to a criminal proceeding. RA 6770- Ombudsman Act of 1987.
SECTION 4. The present anti-graft court known as the 2. There is one Ombudsman. One over-all deputy and at least
Sandiganbayan shall continue to function and exercise its one deputy each for Luzon, Visayas, Mindanao. A separate
jurisdiction as now or hereafter may be provided by law. deputy may be appointed for the military establishment.
SECTION 5. There is hereby created the independent Office 3. Qualifications of the Ombudsman and deputies are the
of the Ombudsman, composed of the Ombudsman to be following
known as Tanodbayan, one overall Deputy and at least one 1. Natural born citizens of the Philippines
Deputy each for Luzon, Visayas, and Mindanao. A separate 2. At least 40 years of age
Deputy for the military establishment may likewise be 3. Of recognized probity and competence.
appointed. 4. Members of the Philippine bar.
5. Must not have been candidates for any
SECTION 6. The officials and employees of the Office of the elective office in the immediately preceding election.
Ombudsman, other than the Deputies, shall be appointed by
the Ombudsman according to the Civil Service Law. 4. The Ombudsman must have been a judge or engaged in the
practice of law for 10 years or more.
SECTION 7. The existing Tanodbayan shall hereafter be
known as the Office of the Special Prosecutor. It shall 5. Their term of office is for 7 years without reappointment.
continue to function and exercise its powers as now or
hereafter may be provided by law, except those conferred 6. Their salary shall not be decreased during the term of
on the Office of the Ombudsman created under this office.
Constitution.
7. The Ombudsman and the deputies are appointed by the
president from a list of 6 nominees prepared by judicial and
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bar council, and from a list of at least 3 nominees for every salary, which shall not be decreased during their term of
vacancy thereafter. office.
8. All vacancies must be filled in 3 months. SECTION 11. The Ombudsman and his Deputies shall serve
for a term of seven years without reappointment. They shall
9. The office of the Ombudsman shall enjoy fiscal autonomy. not be qualified to run for any office in the election
immediately succeeding their cessation from office.
Powers of the Ombudsman
1. Power to cite for contempt. SECTION 12. The Ombudsman and his Deputies, as
2. To exercise other powers , functions, and duties as the law protectors of the people, shall act promptly on complaints
may prescribe. filed in any form or manner against public officials or
3. To impose preventive suspension on any officer or employees of the Government, or any subdivision, agency or
employee under its authority pending in an investigation, instrumentality thereof, including government-owned or
whether such officer or employee is employed in the Office of controlled corporations, and shall, in appropriate cases,
the Ombudsman or in any other government agency. notify the complainants of the action taken and the result
4. Investigate criminal offenses committed by public officials thereof.
which have no relation to their office.
5. The Ombudsman may refer cases involving non-military SECTION 13. The Office of the Ombudsman shall have the
personnel for investigation by the Deputy Ombudsman for following powers, functions, and duties:
Military Affairs.
(1) Investigate on its own, or on complaint by any person,
Sandiganbayan- only a statutory court, although its any act or omission of any public official, employee, office or
creation is mandated by the constitution. agency, when such act or omission appears to be illegal,
Zaldivar vs Sandiganbayan- The special prosecutor unjust, improper, or inefficient.
would continue to exercise the former Tanodbayan
had except those which are passed on to the (2) Direct, upon complaint or at its own instance, any public
Ombudsman or new Tanodbayan. The authority to official or employee of the Government, or any subdivision,
conduct preliminary investigation and direct the agency or instrumentality thereof, as well as of any
filing of criminal cases with the Sandiganbayan was government-owned or controlled corporation with original
lost effective February 2, 1987, he has been divested charter, to perform and expedite any act or duty required by
of such authority. law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.
SECTION 8. The Ombudsman and his Deputies shall be
natural-born citizens of the Philippines, and at the time of (3) Direct the officer concerned to take appropriate action
their appointment, at least forty years old, of recognized against a public official or employee at fault, and
probity and independence, and members of the Philippine recommend his removal, suspension, demotion, fine,
Bar, and must not have been candidates for any elective censure, or prosecution, and ensure compliance therewith.
office in the immediately preceding election. The
Ombudsman must have for ten years or more been a judge (4) Direct the officer concerned, in any appropriate case, and
or engaged in the practice of law in the Philippines. subject to such limitations as may be provided by law, to
furnish it with copies of documents relating to contracts or
During their tenure, they shall be subject to the same transactions entered into by his office involving the
disqualifications and prohibitions as provided for in Section disbursement or use of public funds or properties, and
2 of Article IX-A of this Constitution. report any irregularity to the Commission on Audit for
appropriate action.
SECTION 9. The Ombudsman and his Deputies shall be
appointed by the President from a list of at least six (5) Request any government agency for assistance and
nominees prepared by the Judicial and Bar Council, and information necessary in the discharge of its responsibilities,
from a list of three nominees for every vacancy thereafter. and to examine, if necessary, pertinent records and
Such appointments shall require no confirmation. All documents.
vacancies shall be filled within three months after they
occur. (6) Publicize matters covered by its investigation when
circumstances so warrant and with due prudence.
SECTION 10. The Ombudsman and his Deputies shall have
the rank of Chairman and Members, respectively, of the (7) Determine the causes of inefficiency, red tape,
Constitutional Commissions, and they shall receive the same mismanagement, fraud, and corruption in the Government
Page | 85
and make recommendations for their elimination and the
observance of high standards of ethics and efficiency.
Page | 86
ARTICLE III: Bill of Rights Secretary of Justice vs Lantion- An extradite has no right to
notice and hearing during the evaluation stage of the
Bill of rights- Is the sanctuary of protection for all persons, extradition process. This is to accommodate the more
citizens, or non-citizens against any and al kinds of abuses of compelling interest of the state to prevent escape of
power and authority by the government, or any of its officials, potential extradites which can be precipitated by premature
employees or even against any unwarranted violation of such information of the basis of the request for his extradition. To
rights by any other person. temporary hold on the extraditee’s privilege of notice and
hearing is a soft restraint on his right to due process which
Bill of rights- self-executing Social Justice and HR- not self- will not deprive him of fundamental fairness should he decide
executing . to resist the request for his extradition.
Test of valid exercise of police power Nature of an Extradition Proceeding- It is not a criminal
1. The subject of the police measure in issue must be within proceeding which will call into operation all the rights of the
the scope of police power. accused as guaranteed by the Bill or rights. The process of
2. Even if the said police measure is within the scope of police extradition does not involve the determination of the guilt or
power, the means employed to attain the purpose of the law innocence of an accused. His guilt or innocence will be
must be reasonably necessary and not unduly oppressive adjudged in the court of the state where he will be
upon individuals extradited.
Aquino Jr vs Military Commission- Due process of law does Artificial persons- The protection under the bill of rights is
not necessarily mean a judicial proceeding in the regular only insofar as their property is concerned.
courts. The guarantee of due process, viewed in its
procedural aspect, requires no particular form of procedure. Artificial persons come into being by creation and operation
It implies due notice to the individual of the proceedings, an of law, and as such, they are subject to the rules and
opportunity to defend himself and the problem of the restrictions of the legislature.
propriety of the deprivation, under the circumstances
presented, must be resolved in a manner consistent with Right to life- Not merely a right to the preservation of life but
essential fairness. It means essentially a fair and impartial trial also the security of the limbs and organs of the human body
and reasonable opportunity for the preparation of the against any unlawful harm.
defense.
Possession of firearms- The right to bear arms is a mere
Purpose of due process statutory privilege not a constitutional right. US vs Villareal
1. To prevent undue encroachment against the life, liberty,
and property of individuals. Licenses- Not property or property right. License is merely a
2. To secure the individual from the arbitrary exercise of permit or privilege to do what otherwise would be unlawful,
powers of government, unrestrained by the established and is not a contract between the authority granting it and
principles of private rights and distributive justice.
Page | 87
the person to whom it is granted, neither is it property or a Substantial evidence- Is such relevant evidence as a
property right, nor does it create a vested right. reasonable mind may accept as adequate to support a
conclusion.
Requirements of due process
1. Substantive Philippines Consumers Foundation Inc. vs Secretary of
2. Procedural Education, Culture, and Sports- When the administrative
agency prescribes rates in the exercise of its legislative
Substantive due process- Is a guarantee that life, liberty, and functions, prior notice and hearing to the affected parties is
property shall not be taken away from anyone without due not a requirement of due process. However, when said rates
process of law. Requires the ff: are prescribed by an administrative agency in the exercise of
1. Valid law upon which it is based. its quasi-judicial function, prior notice and hearing are
2. The law must have been passed or approved to essential to the validity of said rates.
accomplish a valid governmental objective.
3. The law, as well as the means to accomplish the Void for vagueness doctrine- When a statute forbids or
objective must be valid and not oppressive. requires the doing of an act in terms so vague that men of
common intelligence must necessarily guess as to its meaning
Procedural due process- Refers to the regular methods of and differ as to its application, that law is deemed void.
procedure to be observed before one’s life, liberty, or
property can be taken away from him. It is therefore a Such kind of statute violates due process of law because it
guarantee to obtain a fair trial in court of justice according to denies the accused the right to be informed of the nature of
the mode of proceeding applicable to each case, but also any the charge against him.
and all administrative boards, bodies, or tribunals.
Overbreadth doctrine- A governmental purpose may not be
2 Aspects of procedural due process achieved by means which sweep unnecessarily and broadly
1. In judicial proceedings and thereby invade the area of protected freedoms.
2. In administrative proceedings
Operative fact doctrine- The law is recognized as
Requirements of procedural due process in judicial unconstitutional, but the effects of the unconstitutional law
proceedings prior to the time it was declared a nullity, may be left
1. There must be an impartial court or tribunal clothed with undisturbed as a matter of equity and fair play. The doctrine
judicial power to hear and determine the matter before it. is applicable when a declaration of unconstitutionality will
2. Jurisdiction must be lawfully acquired over the person of impose an undue burden on those who have relied on said
the defendant and over the property which is the subject invalid law.
matter of the proceeding.
3. The defendant must be given an opportunity to be heard. Requisites of valid ordinance
4. Judgment must be rendered upon lawful hearing. 1. Must not contravene the constitution or any statute.
2. Must not be unfair or oppressive.
Requirements of procedural due process in administrative 3. Must not be partial or discriminatory.
proceedings (Ang Tibay vs Court of Industrial Relations) 4. Must not prohibit but may regulate.
1. The right to a hearing, which includes the right to present 5. Must be general and consistent with policy.
one’s case and submit evidence in support thereof. 6. Must not be unreasonable.
2. The tribunal must consider the evidence presented.
3. The evidence must be substantial. Tabuena vs Sandiganbayan- “Cold neutrality of an impartial
4. The decision must be rendered on the evidence presented judge” A trial judge has the right to question witnesses with a
at the hearing or at least contained in the record and view to satisfying his mind upon any material point which
disclosed to the parties affected. presents itself during the trial of a case over which he
5. The decision must have something to support itself. presides. But not only should his examination be limited to
6. The tribunal or body or any of its judges must act on its asking clarificatory questions, the right should sparingly and
own independent consideration of the law and the facts of judiciously used, for the rule is that the court should stay out
the controversy and not simply accept the views of a of it as much as possible, neither interfering nor intervening
subordinate in arriving at a decision. in the conduct of trial.
7. The board or body should, in all controversial questions,
render its decision in such a manner that the parties to the Webb et al vs People- As a general rule, repeated rulings
proceedings can know the various issues involved, and the against a litigant, no matter how erroneous and vigorously
reason for the decision rendered. and consistently expressed, are not basis for disqualification
of a judge on grounds of bias and prejudice. Extrinsic
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evidence is required to establish bias, bad faith, malice or 3. No warrant of arrest shall issue except upon probable
corrupt purpose, in addition to the palpable error which may cause to be determined personally by the judge after
be inferred from the decision or order itself. The only examination under oath or affirmation of the complainant
exception to the rule is when error is so gross and patent as and the witnesses he may produce, and particularly
to produce an ineluctable inference of bad faith or malice. describing the place to be searched and the persons or things
to be seized.
Pimentel vs Senate Committee of the whole- The
constitution does not require the publication of the internal Stonehill vs Diokno- Artificial persons like corporations, are
rules of the house or senate. Since rules of the house or also protected but they may be required to open their books
senate that affect only their members are internal to the of accounts for examination by the state in the exercise of the
house or senate, such rules need not be published, unless police power or power of taxation.
such rules expressly provide for their publication before the
rules can take effect. What is protected by the right of the people to be secure in
their persons, houses, papers, and effects against
Equal protection of laws- It is a constitutional guarantee that unreasonable searches and seizures of whatever nature
all persons are equal before the law which means that what 1. The sanctity and privacy of a person himself.
the constitution guarantees is not absolute equality of all 2. Inviolability of a person’s home and his possessions.
individuals but only equality of opportunity, or protection
given by law to persons or classes of persons who are Warrantless searches and seizures
similarly situated and who therefore belong to a certain 1. Warrantless search incidental to a lawful arrest.
classification made by law. 2. Seizure of evidence in plain sight
Elements
Valid and reasonable classification requirements: 1. A prior valid intrusion based on the valid
1. It must rest on substantial distinctions. warrantless arrest in which the police are legally
2. It must be germane to the purpose of the law. present in the pursuit of their official duties.
3. Must not be limited to existing conditions only. 2. The evidence was inadvertently discovered by the
4. It must apply equally to all members of the same class. police who had the right to be where they are.
3. The evidence is immediately apparent.
Doctrine of Relative Constitutionality or Principle of Altered 4. Plain view justified the mere seizure of evidence
Circumstance- A statute may be valid at one time as applied without further search.
to a set of facts but it may become void at another time 3. Search of a moving vehicle.
because of altered circumstance. 4. Consented warrantless search.
5. Customs search
II. SEARCH AND SEIZURE 6. Stop and frisk
7. Exigent and emergency circumstances.
SECTION 2. The right of the people to be secure in their
persons, houses, papers, and effects against unreasonable The essential requisite of probable cause must first
searches and seizures of whatever nature and for any be satisfied before a warrantless search and seizure
purpose shall be inviolable, and no search warrant or can be lawfully conducted.
warrant of arrest shall issue except upon probable cause to
be determined personally by the judge after examination Requisites of an incidental search:
under oath or affirmation of the complainant and the 1. The item to be searched was within the arrestee’s custody
witnesses he may produce, and particularly describing the or area of immediate control.
place to be searched and the persons or things to be seized. 2. The search was contemporaneous with the arrest.
Rights under Section 2 Stop and frisk- The interest of effective crime prevention
1. Right of the people to be secure in their persons, houses, allows a police officer to approach a person in appropriate
papers, and effects against unreasonable searches and cases for purposes of investigating probable criminal
seizures of whatever nature and for any purpose. behaviour even though there is no probable cause to make an
arrest.
2. No search warrant shall issue except upon probable cause
to be determined personally by the judge after examination Probable cause- Refers to the existence of such facts and
under oath or affirmation of the complainant and the circumstances which should lead a reasonably discreet and
witnesses he may produce, and particularly describing the prudent man to believe that an offense has been committed
place to be searched and the persons or things to be seized. and that the items, articles, or objects, sought in connection
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with said offense or subject to seizure and destruction by law 4. The application must be acted upon expeditiously because
is in the place to be searched. time is of the essence.
5. The examination must not only be routinary but which
Probable cause is such reasons, supported by facts and must be thorough as to elicit the required information.
circumstances, as will warrant a cautious man in the belief
that his actions, and the means in presenting it, are legally The particularization of the description of the place
just and proper. to be searched may properly be done only by the
judge, and only in the warrant itself, it cannot be left
Its effect, the finding thereof, will be put to test in a full- to the discretion of the police officers conducting the
blown trial where the evidence shall be analysed, weighed, search. To allow that would open the door to abuse
and given credence or disproved. of the search process and grant to officers executing
a search warrant that discretion which the
Lim vs Felix, Soliven vs Makasiar, People vs Inting- The judge constitution has precisely removed from them.
does not have to personally examine the complainant and his A warrantless search is limited to the search of a
witnesses. The prosecutor can perform the same functions as person arrested at the time of the incident to his
a commissioner for the taking of evidence. However, there arrest.
should be a report and necessary documents supporting the
fiscal’s bare certification. All these should be before the Section 5, Rule 113 Revised Rules of Criminal Procedure
judge. To be sure, the judge must go beyond the Arrest without warrant
prosecution’s certification and investigation report whenever 1. When in his presence, the person to be arrested has
necessary. He should call for the complainant and the committed, is actually committing, or is attempting to commit
witnesses to answer the court’s probing questions when the an offense.
circumstances of the case so require. 2. When an offense has in fact been committed, and he has
personal knowledge of the fact indicating that the person to
General warrant- It is outlawed in this jurisdiction. It covers be arrested has committed it.
every considerable document which may be found without 3. When the person to be arrested is a prisoner who has
determination whether the papers are legal or not. escaped from a penal establishment or place where he is
serving final judgment or temporarily confined while his case
Mere affidavits of the complainant and his witness are not is pending, or has escaped while being transferred from one
sufficient. The examining judge has to take depositions in confinement to another.
writing of the complainant and the witnesses he may produce
and to attach them to the record. Such written deposition is Preliminary inquiry- Determination of probable cause for the
necessary in order that the judge may be able to properly issuance of the warrant of arrest
determine the existence or non existence of the probable
cause, to hold liable for perjury the person giving it if it will be Preliminary investigation- Ascertains whether the offender
found later that his declarations were false. should be held fro trial or released.
Requirements in determining probable cause The determination of probable cause for the warrant is made
1. The judge must, before issuing the warrant, personally by the judge. The preliminary investigation is made by the
examine the complainant and the witnesses in the form of prosecutor.
searching questions and answers.
2. The examination must be under oath. People vs Castillo- If the witnesses prescribed by law are
3. The examination must be in writing. prevented from actually observing and monitoring the search
4. The complainant and his witnesses must be examined on of the premises, the same is a violation of the letter and spirit
facts personally known to them. of the law.
5. The judge must attach to the record the sworn statements
of the complainant and the witnesses together with any Probable cause to hold a person in trial- Refers to the finding
affidavit submitted. of the investigating prosecutor after the conduct of a
preliminary investigation, that there is sufficient ground to
Nature and procedure of the examination hold a well-founded belief that a crime has been committed
1. An application for a search warrant is neither a trial nor and that the respondent is probably guilty thereof and should
part of the trial. It is heard ex parte. be held for trial.
2. It is an examination or investigation under oath and may
not be in public. It may even be held in the secrecy of the Based on such finding, the prosecutor files the corresponding
chambers. complaint or information in the competent court against the
3. It must be in writing. accused.
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Probable cause to issue a warrant of arrest-The investigator. It is required that the examination must
determination of probable cause to issue a warrant of arrest be probing.
is a judicial function. A judge cannot be compelled to issue a
warrant of arrest if he believes honestly that there is no People vs Eden Del Castillo- It is not necessary that the
probable cause for doing so. property to be searched or seized should be owned by the
Warrant of arrest issued by administrative agencies- person against whom the search warrant is issued. However,
Allowed only for the purpose of carrying out a finding of a there must be sufficient showing that the property is under
violation of law, such as an order of deportation, or an order appellant’s control or possession.
of contempt, and not for the sole purpose of investigation or
prosecution. Unannounced intrusion into the premises permissible in the
following: (People vs Huang Zhen Hua and Jogy Lee)
Probable cause before issuance of warrant of arrest 1. A party whose premises or is entitled to the possession
Refers to the facts and circumstances which would thereof refuses, upon demand, to open it.
lead a reasonably discreet and prudent man to 2. When such person in the premises already knew of the
believe that an offense has been committed by the identity of the officers and of their authority and persons.
person sought to be arrested. 3. When the officers are justified in the honest belief that
Subject of the warrant- Seizure of the person. there is an imminent peril of the life or limb.
Effect of execution- Taking the person into custody 4. When those in the premises, aware of the presence of
in order that he may be bound to answer for the someone outside are then engaged in the activity which
commission of the offense. Once arrested, it shall be justifies the officers to believe that an escape or destruction
the duty of the officer executing the warrant of of evidence is being attempted.
arrest to deliver the person arrested to the nearest
police station. Galvante vs Hon. Casimiro et al- The complaint for
It is merely the person of the accused who is subject warrantless search charges no criminal offense. The conduct
to restraint and custody. of a warrantless searc is not a criminal act for it is not
The report, affidavits, and all other supporting penalized under the RPC or any other special law. The RPC
documents behind the prosecutor’s certification only punishes 2 kinds of searches: 1. Art 129 Search warrants
assist the judge in his determination of probable maliciously obtained and abuse in the service of those legally
cause. obtained. 2. Art 130 Searching domicile without witnesses.
Probable cause before issuance of a search warrant III. PRIVACY OF COMMUNICATION AND CORRESPONDENCE
Refers to the facts and circumstances which would
lead a reasonably discreet and prudent man to SECTION 3. (1) The privacy of communication and
believe that correspondence shall be inviolable except upon lawful order
o An offense has been committed of the court, or when public safety or order requires
o That the objects sought in connection with otherwise as prescribed by law.
the offense are in the place to be searched.
Subject of the warrant- Search and seizure of (2) Any evidence obtained in violation of this or the
property. preceding section shall be inadmissible for any purpose in
Effect of service of search warrant- Under a search any proceeding.
warrant, one’s privacy is intruded on, his affairs
pried into, his secrets discovered, his papers and When the right of privacy and communication be validly
personal documents may be ransacked and taken to violated:
court and later may be used against him in a criminal 1. Upon lawful order of the court.
prosecution. Papers and documents and articles 2. When public safety or order requires otherwise as
seized thereunder once taken to court are beyond prescribed by law.
his reach. Hence, he cannot prevent their being
utilized against him. Hence, this is linked to the Coverage of the guarantee:
fundamental right of a citizen not to be compelled to 1. Tangible objects- Letters, telegrams, signals, cables,
testify against himself. telephone, client’s file, and other documents. Except lawyer’s
In determining probable cause, the judge must file because it would amount to compelling the lawyer to
personally conduct an examination of the disclose or divulge matters belonging to his client, hence a
complainant and the witnesses if any, and it is not breach of the confidentiality of lawyer-client relationship.
enough in such examination for the judge to merely 2. Intangible objects- RA 4200, recording of communication
adopt questions and answers asked by a previous by means of tape recorder. (Anti-Wire Tapping Act)
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Exceptions to Anti-Wire tapping: 8. Any form of expression whether oral, written, tape, text,
1. May be permitted in civil or criminal proceedings involving including symbol of speech such as but not limited to wearing
certain specified offenses principally affecting national black shirts and blouses to symbolize death of democracy.
security. (Treason, espionage, provoking war and disloyalty in
case of war, mutiny in the high seas, rebellion, conspiracy and Scope of press
proposal to commit rebellion, inciting rebellion, sedition, 1. Newspapers
conspiracy to commit sedition, inciting to sedition, 2.Magazines
kidnapping) 3. Journals
2. Upon previous authorization by the court on the ff 4. Books
conditions: 5. Any sort of publication.
a. The constitutional requirements for the issuance
of a warrant should be complied with. The freedom of expression is not absolute. It is always
b. Said authority shall be effective only for 60 days. subject to some regulation of the state and to the police
power of the state.
Exchange of heated words between the accused and the 1. The first is premised on the need to protect
victim in a public place is not private. What is prohibited is society or the community from injurious exercise of
the overhearing, intercepting, and recording of private said freedom.
communication. 2. The second is premised on the need to promote or
protect public welfare, public safety, public morals,
IV. FREEDOM OF SPEECH AND OF PRESS and national security.
SECTION 4. No law shall be passed abridging the freedom of Purpose of protecting freedom of speech and of the press
speech, of expression, or of the press, or the right of the 1. To protect and preserve the right of the people to
people peaceably to assemble and petition the government information on matters of public concern.
for redress of grievances. 2. To enable every citizen to bring the government and any
person in authority to the bar of public opinion.
Freedom of speech and of the press- Right to freely utter and 3. To insure free and general discussion of public matters.
publish whatever the citizen may please, and to be protected
from any responsibility for doing so, except so far as such 4 Aspects of the Freedom of the Press
publication from their blasphemy, obscenity, or scandalous 1. Freedom from prior restraint.
character may be a public offense, or as their falsehood and 2. Freedom from punishment.
malice they may injuriously affect the standing reputation or 3. Freedom of access of information.
pecuniary interests of individuals. 4. Freedom of circulation.
Scope of freedom of expression Freedom from prior restraint- Prior restraint or sensorship is
1. Free speech and free press. a curtailment of the freedom of expression and of the press
2. Freedom of assembly. made through restrictions or conditions in advance of actual
3. freedom of petition. publication or dissemination. This means that the exercise of
4. Freedom of religion. the said freedom of expression or of the press depends upon
5. Right of association or the right to form associations. the prior approval of the government.
6. Right to religious freedom.
Freedom from Subsequent Punishment- This refers to
Scope of “speech” and “expression” freedom from any punishment as a consequence of or in
1. Right to freely utter, print, and publish any statement connection with a speech, utterance, or writing.
without previous censorship of the government.
2. Right to peaceful picketing. Freedom of access to information- This includes the rights
3. Right to a lawful strike. 1. To information on matters of public concern.
4. Right to disseminate information concerning the facts of a 2. To access to official records and to documents and papers
labor dispute. pertaining to official acts, transactions, or decisions, as well as
5. Expression by means of radio, television. And motion to government research data used as basis for policy
picture. development.
6. Right to express grievances against the government, to
criticize the affairs of the government. A person who is unlawfully deprived of the right to
7. Right to display posters, notices, flags, banners. information or the right to access to official records may file a
petition for mandamus and he may also file a civil action for
damages.
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Freedom of Circulation- Is actually the dissemination of what Unless the government can overthrow this presumption, the
has been written, whether this refers to an expression of a content based restraint will be struck down.
view, thought, or ideas, as to any information which
complements the larger right of free discussion and Francisco Chavez vs Raul M. Gonzales (SCOPE OF FREEDOM
expression. For it is only when the people have unbridled OF EXPRESSION)
access to information and the press that they will be capable 1. It protects speech, print, and assembly regarding secular as
of rendering enlightened judgments. well as political causes, and it is not confined to any particular
field of human interest.
3 Standards or tests that may be used in judging whether 2. The protection covers myriad matters of public interest or
the author of a publication or speech or writing may be held concern embracing all issues which information is needed or
liable: appropriate, so as to enable members of society to cope with
1. Clear and present danger rule. the exigencies of their period.
2. Dangerous tendency rule. 3. The constitutional protection assures the broadest possible
3. Balancing of interest rule. exercise of free speech and free press for religious, political,
economic, scientific, news, or informational ends.
Clear and present danger rule- It is a working principle that
the substantive evil must be extremely serious and the Right to assembly and petition- The exercise thereof should
degree of imminence extremely high before the utterance not be made to depend upon the issuance of any permit.
can be punished. The danger created must have causal However, it may be subject to regulation, not prohibition by
connection between the expression and the evil which the the state, as to when and where it should be held.
state has the right to prevent.
Dangerous Tendency Rule- Under this rule, a person could
Dangerous Tendency Rule- This permits limitations on speech be punished for words uttered or for ideas expressed which
once a rational connection has been established between the create a dangerous tendency, or which will cause or bring
speech restrained and the danger contemplated. about a substantive evil which the state has a right to
prevent.
Balancing of interest Rule- Used as a standard when the
courts need to balance conflicting social values and individual Balancing of interest Rule- Is a principle which requires a
interests and requires a conscious and detailed consideration court to consider the circumstances in each particular case,
of the interplay of interest observable in a given type of and thereafter, it shall settle the issue of which right demands
situation. greater protection. The right to privacy as asserted by the
respondent or the freedom of expression as invoked by the
Prior restraints on speech that maybe permitted by the petitioner, or as between the exercise of the freedom of
constitution expression and the need to protect national security which
shall be preferred.
1. Content neutral regulation- When the speech restraints
take the form of a content neutral regulation, only a V. FREEDOM OF RELIGION
substantial government interest is required for its validity.
Regulations of this type are not designed to suppress any SECTION 5. No law shall be made respecting an
particular message, hence they are not subject to the strictest establishment of religion, or prohibiting the free exercise
form of judicial scrutiny. It is subject only to an Intermediate thereof. The free exercise and enjoyment of religious
approach. profession and worship, without discrimination or
preference, shall forever be allowed. No religious test shall
2. Intermediate Approach Test- Through this test, the Court be required for the exercise of civil or political rights.
will not merely rubberstamp the validity of a law but also
require that the restrictions be narrowly- tailored to promote Religion- Includes any form of belief in regard to the religion
an important or significant government interest that is of human beings to some supernatural powers.
unrelated to the suppression of expressions.
It is a profession of faith to an active power that binds and
3. Content-based Regulation- A government action that elevates man to his creator. (Aglipay vs Ruiz)
restricts freedom of speech or of the press based on content
is given the strictest scrutiny in the light of its inherent and 3 Principal parts of Section 5
invasive impact. Only when the challenged act has overcome 1. Non-establishment clause
the clear and present danger will it pass constitutional muster 2. Free exercise clause
with the government having the burden of overcoming the 3. Non-Religious test clause
presumed constitutionality.
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Non-establishment clause- No law shall be made respecting Clear and present danger of a substantive evil- restraint on
the establishment of religion, or prohibiting the free exercise the right to disseminate religious ideas and information can
thereof. be justified.
Everson vs Board of Education- Neither the state nor the Tolentino vs Secretary of Finance- Imposition of tax unlike a
federal government can set up a church, nor pass laws which license fee is not prohibited on the sale of religious materials
recognize one religion, all religion, or prefer one religion or by a religious organization after the exercise of the right to
another or force or influence a person to go to or remain disseminate.
away from church against his will or force him to profess a
belief or disbelief in any religion. That the state cannot punish Estrada vs Escritor
a person for entertaining or professing religious beliefs or 1. Benevolent neutrality theory- Believes that with respect to
disbeliefs, for church attendance or non-attendance, that no these governmental actions, accommodation of religion may
tax in any amount can be levied to support any religious be allowed, not to promote the government’s favoured form
activity or institution, that the state cannot openly or secretly of religion, but to allow individuals and groups to exercise
participate in the affairs of any religious organization, group, their religion without hindrance. The purpose of
or vice-versa. accommodation is to remove a burden on, or facilitate the
exercise of, a person’s or institution’s religion.
Free exercise clause- The free exercise and enjoyment of
religious profession and worship, without discrimination or 2. Theory of accommodation- What is sought is not a
preference. declaration of unconstitutionality of a facially neutral law, but
an exemption from its application or its burdensome effect,
Religious freedom, although not unlimited, is a fundamental whether by the legislature or the courts. Most of free exercise
personal right and liberty designed to protect the broadest claims brought to the US courts are for the exemption, not
possible liberty of conscience to allow man to believe as his invalidation of the facially neutral law that has a burdensome
conscience directs, to profess religious beliefs, and to live as effect.
he believes he ought to live, consistent with the liberty of
others and with the common good. (Victoriano vs Elizalde 3. Compelling state interest- This test is proper where
Rope Workers Union) conduct is involved for the whole gamut of human conduct
has different effects on the state’s interests. Some effects
Non- religious test clause- No religious test shall be required may be immediate and short-term while others delayed and
for the exercise of civil or political rights. far reaching. A test that would protect the interests of the
state in preventing a substantive evil, whether immediate or
2 Aspects of religious freedom delayed, is therefore necessary. However, not any interest of
1. Freedom to believe- absolute the state would suffice to prevail over the right to religious
2. Freedom to act on one’s beliefs- not absolute freedom as this is a fundamental right that enjoys a preferred
position in the hierarchy of rights.
Gerona vs Secretary of Education- The Philippine Flag is
utterly devoid of any religious significance. Saluting the flag Incase of conflict between free exercise and the state- The
therefore does not involve any religious ceremony. Reversed court adheres to the doctrine of benevolent neutrality.
in Ebralinag vs Division Superintendent of Schools Cebu. Reasons:
1. The benevolent neutrality accommodation, whether
Ebralinag vs Division Superintendent of Schools Cebu- mandatory or permissive, is the spirit, intent, and framework
Forcing a religious group, through the iron hand of the law, to underlying the Philippine Constitution.
participate in a flag ceremony that violates their religious 2. The benevolent neutrality theory believes that with respect
beliefs, will hardly be conducive to love of country or respect to these governmental actions, accommodation of religion
for duly constituted authorities. What petitioners seek is only may be allowed, not to promote the government’s favoured
an exception from the flag ceremony, not exclusion from the religion, but to allow individuals and groups to exercise their
public schools were they may study the constitution, the religion without hindrance. The purpose of accommodation is
democratic way of life, and form of government, and learn to remove a burden on, or facilitate the exercise of, a
not only the acts, sciences, Phil. History and culture but also person’s or institution’s religion.
receive training for a vocation or profession and be taught
the virtues of patriotism, respect for human rights, James Imbong vs Hon. Paquito Ochoa- The court is the
appreciation for national heroes, the rights and duties of strong view that the religious freedom of health providers
citizenship and moral and spiritual values. whether public or private, should be accorded privacy.
Accordingly, a conscientious objector should be exempt from
compliance with the mandates of the rh law. If he would be
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compelled to act contrary to his religious belief and associations, or societies for purposes not contrary to law
conviction, it would be violative of the “principle of non- shall not be abridged.
coercion” enshrined in the constitutional right to free
exercise of religion. Gesite vs Court of Appeals- In this jurisdiction, employees in
the public service may not engage in strikes, mass leaves,
VI. LIBERTY OF ABODE AND TRAVEL walkouts, and other forms of mass action that will lead in the
temporary stoppage, or disruption of public service. They
SECTION 6. The liberty of abode and of changing the same have the right to peaceably to air their grievances, but this
within the limits prescribed by law shall not be impaired does not include the right to strike.
except upon lawful order of the court. Neither shall the right
to travel be impaired except in the interest of national People vs Hernandez
security, public safety, or public health, as may be provided Membership in a communist party- Mere membership and
by law. nothing more merely implies advocacy of abstract theory or
principle. It becomes criminal only if it is coupled with action
Silverio vs Court of Appeals- Art III, Sec 6 of the constitution or advocacy of action, namely, actual rebellion, or act
should be interpreted to mean that while the liberty of travel conducive thereto or evincing the same.
may be impaired even without a court order, the appropriate
executive officers or administrative authorities are not armed In re: Marcial Edillion- Bar integration does not compel a
with arbitrary discretion to impose limitations. They can lawyer to associate with anyone. It is his choice to attend or
impose limits only on the basis of national security, public not to attend meetings of the IBP, to vote in the election of
safety, or public health and as may be provided by law. officers of the IBP. The only compulsion to which a lawyer is
subjected to is the payment of annual dues. Even on the
Liberty of abode and travel- It is the right of the person to assumption that the IBP compels a lawyer to pay his annual
have his home or to maintain or change his home, dwelling, dues, this is justified as a valid exercise of the police power of
residence or habitation in whatever place he has chosen, the state. Admission to the practice of law is not a right but a
within the limits prescribed by law and to go whre he pleases privilege.
without interference from anyone, except in the interest of
national security, public safety, or public health, as may be IX. TAKING OF PRIVATE PROPERTY FOR PUBLIC USE
provided by law.
SECTION 9. Private property shall not be taken for public use
Remedy for violation of said right- Habeas Corpus and without just compensation.
Mandamus, damages.
Requirements for expropriation
Cases: 1. Private property is taken for public use.
1. Rubi vs Provincial Board of Mindoro 2. Owner of said property should be paid just compensation.
2. Villavicencio vs Lukban 3. Due process of law shall be observed in the taking of said
property.
VII. RIGHT TO INFORMATION 4. The taking shall only be exercised by the state or by those
whom the power has been lawfully delegated.
SECTION 7. The right of the people to information on
matters of public concern shall be recognized. Access to Limitations on eminent domain
official records, and to documents, and papers pertaining to 1. Dismissal of the expropriation case restores possession of
official acts, transactions, or decisions, as well as to the expropriated land to the landowner. However, when
government research data used as basis for policy possession of the land cannot be turned over to the
development, shall be afforded the citizen, subject to such landowner because it is neither convenient nor feasible
limitations as may be provided by law. anymore to do so, the aggrieved landowner can demand
payment of just compensation.
This is without prejudice to the right of aliens to have access 2. If as a result of the acquisition of the right of way and the
to records of cases where they are involved. installation of power lines, there are consequent limitations
on the use of the land for an indefinite period of time which
Remedy for violation of right- Mandamus and damages. would deprive the respondent of the normal use of the
subject property, the latter is entitled to payment of just
VIII. RIGHT OF ASSOCIATION compensation which must neither more or less than the
monetary equivalent of the land.
SECTION 8. The right of the people, including those 3. When a private property is taken by the government for
employed in the public and private sectors, to form unions, public use without acquiring title thereto either through
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expropriation or negotiated sale, the owner’s action to Local Government Code- Provides that the amount to be paid
recover the land or the value thereof does not prescribe. for the expropriated property shall be determined by the
proper court based on the fair market value at the time of the
What may be subject of expropriation- Anything that comes taking of the property. The value determined by the assessor
under the dominion of man. This includes real or personal may, however be contested in court.
properties, tangible and intangible properties. Ex. Franchise,
property of the church Factors to be considered in arriving at the fair market value
of the property:
Everything is not compensable if the taking is 1. Cost of acquisition
justified under the police power. 2. Current value of like properties.
3. Its actual or potential uses
Taking is justified and valid exercise of police power- not 4. In the case of lands the ff are considered:
compensable a. Size
1. To protect public safety. b. shape, location
2. To serve and improve general welfare. c. tax declarations
3. Even if losses are sustained, the same are in the nature of * They will be considered in determining the
damnum absque injuria. consequential damages to be awarded.
4. Public nuisances being obnoxious to society.
Market value- It is the current price, or the general or
Taking- Includes physical seizure or appropriation of property ordinary price for which property may be sold in a particular
or to the limitation of the use of the property. locality.
Who exercises the power of eminent domain- Is traditionally Consequential damages- Those damages to his other interest
vested in the executive arm of the government, but the which can be attributed to expropriation.
executive department cannot proceed to expropriate unless
and until the legislature allows it. Consequential benefit- Refers to the increase in the value of
the interest of the owner attributable to the new use of his
Delegation of the power of eminent domain- General former property.
authority to exercise the right of eminent domain may be
conferred by the legislature upon municipal corporations and Immediate possession of the property subject of
other entities within the state. It may also be delegated to condemnation or expropriation proceeding may be
private entities operating utilities. given to the government even before the financial
ascertainment of just compensation and even before
Legislature- ED is inherent power just compensation is given to any plaintiff.
Local government and public utilities- ED is delegated power Hearing is not required to determine provisional vale
or power of inferior domain. it being sufficient that the owner of the property
sough to be condemned is notified of the
Public Use- It is synonymous with public benefit, public utility, condemnation proceeding.
or public advantage, and to authorize the exercise of the How compensation be paid- No constitutional
power of eminent domain to promote such public benefit etc. provision on this. Resort to statutory provisions that
especially where the interest involved are of considerable serve as guides to determine the specific form or
magnitude. manner of paying just compensation
Congress may approve a law to determine just
Whatever may be beneficially employed for the general compensation. This discretion is subject ot review by
welfare satisfies the requirement of public use. the courts because the amount that could constitute
just compensation is a question of fact which the
Any use which redounds to the benefit or advantage of the court can look into.
community or which is for the benefit of public welfare is and
has been considered as public use. In the exercise of the power of eminent domain, the matters
or questions that could be subject of judicial review and
Just compensation- It is the just and complete equivalent of those matters cannot be reviewed by the court.
the loss which the owner of the thing appropriated has to
suffer by reason of the expropriation. A. Subject of judicial scrutiny
1. Is the compensation just and adequate
Compensation to the owner- Sum equivalent of the market 2. Is there genuine necessity of a public character
value.
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3. The report of the commissioners can be reviewed by the 3. Compensation: The owner of the property taken from
courts. public use, is invariably entitled to compensation therefor.
4. Is the statute directing the expropriation valid?
When compensation fixed- As of the time the
B. Those which cannot be reviewed by the courts property is taken.
1. The congress has the power to make a choice of the lands Taking- When the owner of the property is ousted
to be taken to attain an objective. therefrom and deprived of its beneficial use.
2. The utility, necessity, and the expediency of the
improvement and the suitableness of the location are Properties of a municipal corporation
questions for the legislature to determine. 1. Public property- Owned by the municipality in its public
and governmental capacity.
Medium of payment- It is paid in money and no other. 2. Patrimonial property- Owned by the municipality in its
However, in Association of Small Land Owners vs Secretary of private or proprietary capacity.
Agrarian Reform, that method was changed. RA 6657
prescribes the method of payment. Legua communal or Communal lands- It is a property held by
the municipality for the state in trust for the inhabitants. The
Landowners may be paid in cash or in kind. state is free to dispose it at will.
(3) Any confession or admission obtained in violation of this 6. The law shall provide for penal and civil sanctions for
or Section 17 hereof shall be inadmissible in evidence violations of this section as well as compensation to and
against him. rehabilitation of victims of torture or similar practices and
their families.
(4) The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and Only the right to remain silent and to be assisted by counsel
rehabilitation of victims of torture or similar practices, and can be waived in writing and in the presence of counsel.
their families.
Rights of an accused- Only begins upon arraignment.
Miranda vs Arizona- Miranda Rights in Custodial
Investigation Right to remain silent- A person under investigation has the
right to refuse to answer any question. More than this, his
1. The person in custody must be informed at the outset in silence may not be used against him.
clear and unequivocal terms that he has a right to remain
silent. Right to counsel- The right of a person under investigation is
2. After being so informed, he must be told that anything he to have a competent and independent counsel preferably of
says can and will be used against him in court. his own choice. The purpose of the right to counsel during
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custodial investigation is to preclude the slightest coercion as posted for his provisional liberty is, in effect, an assurance,
would lead the accused to admit something else. that the accused will attend the court proceedings,
particularly when his presence is required. The purpose of
Right to be informed of one’s rights- It is not enough that a bail is to relieve the accused from imprisonment until his
police officer will repeat to the person under investigation conviction, and at the time his appearance at the trial is
the provisions of the constitution. He must also explain the secured.
effects in practical terms.
Basic principles of the right to bail
The rights are not available in the following circumstances 1. The right to bail shall not be impaired even when the
1. Admission or confession made to a private individual. privilege of the writ of habeas corpus is suspended.
2. To a person undergoing audit because an audit examiner is 2. Excessive bail shall not be required.
not a law enforcement officer. 3. The factors which must be considered to determine bail are
3. To a person who voluntary surrenders to the police and as follows:
voluntarily admits the killing. It cannot be considered that the 1. Ability to post bail
surrenderee is already in investigation. 2. Nature of the offense.
3. Penalty imposed by law.
Police line-up- Investigation has not yet commenced. 4. Character and reputation of the accused.
5. Health of the accused.
Stage the right to counsel shall commence- From the 6. Strength of the evidence.
moment the investigating officer starts to ask questions to 7. Probability of appearing for trial.
illicit information or confession or admission. 8. Prior forfeiture of bonds.
9. The fact that the accused was a fugitive when he
Re-enactment amounts to disclosure of incriminatory facts, was arrested.
hence it is covered by the inhibition of section 12. 10. The fact that the accused was under bondi in
other cases.
Custodial investigation- Means any questioning initiated by
law enforcement officers after a person has been taken into Responsibilities of sureties- When the obligation of bail is
custody or otherwise deprived of his freedom of action in any assumed, the sureties become in law the jailers of their
significant way. principal. It becomes the responsibility of the sureties to keep
the accused under its surveillance and to see to it that the
Spontaneous and voluntary confession is admissible, what accused does not leave our country so he will not be beyond
the constitution bars is the compulsory disclosure of the reach of court orders and processes.
incriminating facts or confessions.
Bail- Is the security given for the release of a person in
XIII. RIGHT TO BAIL custody of the law, furnished by him or a bondsman,
conditioned upon his appearance before any court as
SECTION 13. All persons, except those charged with offenses required under the conditions hereinafter specified.
punishable by reclusion perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient Different kinds or forms of bail
sureties, or be released on recognizance as may be provided 1. Corporate surety
by law. The right to bail shall not be impaired even when the 2. Property bond
privilege of the writ of habeas corpus is suspended. 3. Cash deposit
Excessive bail shall not be required. 4. Recognizance
General rule: Before conviction, all persons shall be bailable Recognizance- It is a bond or similar obligation made and
by sufficient sureties. Before conviction, all persons shall be recorded before any court by which a person binds himself to
released on recognizance as may be provided by law. perform an act or fulfil a condition at a specified time.
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3. In case of a new trial- The accused will appear in court to Waiver of right to bail- An accused who chooses to remain in
which it may be demanded and submit himself to the orders legal custody is deemed to have abandoned or relinquished
and processes thereof. his right to bail.
Effect of non-performance of said conditions- The bond Cancellation of bail- Bail shall automatically cancelled upon
given in security thereof may be forfeited. acquittal of the accused, dismissal of the case or execution of
the judgment of conviction.
Imposition of other conditions- Discretionary to the court.
The court may restrict the right to travel, may require the XIV. RIGHTS OF THE ACCUSED
accused to make himself available at all times whenever the
court requires his presence, or the court can increase the SECTION 14. (1) No person shall be held to answer for a
amount of the bail bond. criminal offense without due process of law.
Bail as a matter of right- Bail is a matter of right, whether the (2) In all criminal prosecutions, the accused shall be
accused is charged or not yet charged. From the moment he presumed innocent until the contrary is proved, and shall
is placed under arrest. Detention, or restraint by officers of enjoy the right to be heard by himself and counsel, to be
the law, he can claim his right to bail and he retains this right informed of the nature and cause of the accusation against
unless and until he is charged with a capital offense and the him, to have a speedy, impartial, and public trial, to meet
evidence of guilt is strong. the witnesses face to face, and to have compulsory process
to secure the attendance of witnesses and the production of
Bail discretionary- After conviction. Because the said evidence in his behalf. However, after arraignment, trial
judgment of conviction is an indication that the evidence of may proceed notwithstanding the absence of the accused
guilt is strong. provided that he has been duly notified and his failure to
appear is unjustifiable.
Posting of bail bond is waiver of any irregularity attending
the arrest of a person- Because of this waiver, the accused is Rights of the accused in all criminal prosecutions
estopped from questioning the validity of his arrest. This 1. The accused shall be presumed innocent until the contrary
ruling however, is not applicable when the furnishing of the is proved.
bond is prompted by the sheer necessity of avoiding further 2. The accused shall enjoy the right to be heard by himself
detentions. and counsel.
3. To be informed of the nature and cause of accusation
Harvey vs Defensor- Santiago against him.
Bail is only available in criminal proceedings and not in 4. To have speedy, impartial, public trial.
administrative proceedings such as a deportation proceeding. 5. To meet adversaries face to face.
6. Have compulsory process to secure the attendance of
The right to bail is not a matter of right but discretionary on witnesses and the production of evidence in his behalf.
the part of the commission on immigration and deportation.
Trial in absentia- After arraignment, trial may proceed
When bail not available notwithstanding the absence of the accused provided:
1. If a person is accused of an offense which is punishable by 1. He has been duly notified
reclusion perpetua and the evidence of guilt is strong. 2. His failure to appear is unjustifiable.
2. If a person is accused of a capital offense when the
evidence of guilt is strong. These rights are available to the accused from the time a
3. Not available in the military for reasons of national complaint or information is filed against him in court
security. imputing the commission of the offense up to and until he is
convicted.
Reclusion perpetua vs Life imprisonment
Reclusion perpetua Rights before trial (filing of the complaint- before arrest)
1. The duration is from 20 years and 1 day to 40 years.
2. Reclusion perpetua is a penalty imposed under the Revised 1. Entitled to a preliminary investigation to determine
Penal Code. whether there is a sufficient ground to engender a well-
3. Reclusion perpetua carries accessory penalties. founded belief that the crime alleged has been committed.
Life imprisonment
1. Indefinite. 2. Person is arrested in flagrante delicto or surrenders to the
2. Penalty imposed by special laws. authorities, he is entitled to counsel from the moment of
3. Does not carry accessory penalties. arrest or surrender and he may not be asked questions in
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connection with the offense without the assistance of Presumption of innocence
counsel. Because, he is, at the time, under custodial 1. The prosecution has the burden to prove the guilt of the
investigation, and he has therefore the right in section 12. accused beyond reasonable doubt.
2. The prosecution must rely on the strength of his evidence
3. When the accused is arrested, he may exercise his right to and not in the weakness of the defense.
bail as long as the offense committed is not punishable by 3. The right to be presumed innocent must be offset by guilt
reclusion perpetua and the evidence of guilt is not strong. beyond reasonable doubt.
4. Any doubt as to the guilt of the accused must be resolved
4. If by virtue of an irregular warrant, the accused is arrested, in his favor and against the state.
he may ask that the same be quashed.
Presumption of innocence can be overcomed by the
5. If the accused is detained due to his inability to post bail, following:
he is entitled to be visited by his counsel. He may confer with 1. Strongest evidence that removes all doubts about one’s
his counsel at any hour of the day, or even at night, in urgent guilt.
cases. 2. The accused pleads guilty in open court.
3. Guilt of the accused is proven beyond reasonable doubt.
Rights of the accused during trial (After the case was filed in
court) Guilt beyond reasonable doubt
1. Proof against the accused must survive the test of reason,
1. To be presumed innocent until his guilt is proved. the strongest suspicion must not be permitted to sway
judgment.
2. Entitled to know the nature and cause of accusation 2. The conscience must be satisfied that on the defendant
against him (arraignment) could be laid the responsibility for the offense charged.
3. The accused need not only perpetrate the act but such act
3. After a plea has been entered, the litigation process starts. amounted to a crime.
The trial is called and the accused is entitled to be heard by 4. Moral certainty is required.
himself and counsel.
Counsel de oficio- The court, considering the gravity of the
4. During the trial, the accused is entitled to a speedy, offense and the difficulty of the questions may arise, shall
impartial, and public trial, to meet the witnesses face to face appoint as counsel de oficio only such members of the bar in
and to have compulsory process to secure the attendance of good standing who, by reason of their experience and ability
the witnesses and the production of evidence in his behalf. may adequately defend the accused. But in the localities
where such members are not available, the court may
Rights after trial (in conviction) appoint any person, resident of the province and of good
reputation for probity and ability to defend the accused.
1. He can appeal his case.
To be informed of the nature and cause of accusation
2. Entitled to the right against the imposition of excessive, against him- The accused cannot be convicted of a offense
cruel, degrading, or inhuman punishment. not charged or included in the information.
3. If either convicted or acquitted, or the case against him is Speedy, impartial, public trial- Speedy trial is one that can be
dismissed, without his consent, he enjoys the protection of had as soon as after indictment is filed as the prosecution can
the double jeopardy clause. with reasonable diligence prepare for trial. While the accused
do have rights, many of them choose to forget that the
6 rights in section 14- Rights of the accused aggrieved party also have rights.
1. Presumption of innocence.
2. Enjoyment of the right to be heard by himself and counsel. Factors to be considered in determining a speedy trial
3. Informed of the nature and cause of accusation against 1. Length of delay
him. 2. Reason for the delay
4. Speedy and impartial and public trial. 3. Assertion of the right and failure to assert it
5. Meet the witnesses face to face. 4. Prejudice caused by the delay
6. To have compulsory process to secure the attendance of
witness and production of evidence on his behalf. Remedy for violation of the right to a speedy trial- Dismissal
of the case or if accused is under detention, habeas corpus.
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Public trial- Trial in the chambers of a judge not a violation of Preliminary citation- Refers to a situation where the illegality
the right. Anyone interested in observing the manner a judge of one’s detention is not patent from the petition, and for this
conducts the proceedings in the court ma do so. reason the court issues a citation to the government officer
who has custody of said person to show cause why the writ
Exception to a public trial- The judge may motu propio should not issue.
exclude the public from the courtroom if the evidence to be
produced during the trial is offensive to the decency of public Peremptory writ- Issued when the cause of detention
morals. He may also on motion of the accused, exclude the appears to be patently illegal and non-compliance is
public from the trial except court personnel and the counsel punishable.
of the accused.
Suspension of the privilege of the writ 2 cases
Right to confront- No available in preliminary investigation. 1. Invasion
2. Rebellion when the public safety requires it.
Compulsory process 2 modes
1. Subpoena adtestificandum- Persons who will testify on his * Only the privilege is suspended not the writ itself
behalf.
2. Subpoena duces tecum- For the production of documents Limitations of the suspension of the writ
or papers in the possession of third persons. 1. It must not exceed 60 days. If the invasion or rebellion still
persists after 60 days, congress may extend the period upon
Prejudicial publicity- To warrant a finding of this, there must the initiative of the president, and the period of extension is
be allegation and proof that the judges have been unduly to be determined by congress.
influenced, not simply that they might be, by the barrage of 2. Congress may revoke the suspension made by the
publicity. president by at least a vote of the majority of the members of
congress, voting jointly, which revocation may not be set
People vs Narajos- for as long as the judge decides the case aside by the president.
based on the evidence submitted during the trial and based 3. The suspension of the privilege of the writ is subject to
on the records of the case, he can render a fair decision. A judicial review upon petition of any citizen.
judge can decide fairly even if he is not the one who tried the 4. The suspension of the privilege of the writ shall apply only
case. to persons judicially charged for rebellion or offenses
inherent or directly connected with invasion.
XV. WRIT OF HABEAS CORPUS 5. Persons detained or arrested during the suspension of the
privilege of the writ shall be judicially charged within 3 days
SECTION 15. The privilege of the writ of habeas corpus shall otherwise, he will be released.
not be suspended except in cases of invasion or rebellion
when the public safety requires it. XVI. SPEEDY DISPOSITION OF CASES BEFORE ALL JUDICIAL,
QASI JUDICIAL, OR ADMINISTRATIVE BODIES
Writ of habeas corpus- It is a writ or order directed to the
person detaining another and commanding him to produce SECTION 16. All persons shall have the right to a speedy
the body of the prisoner at a certain time and place, with the disposition of their cases before all judicial, quasi-judicial, or
day and cause of his detention, to do, to submit to, and administrative bodies.
receive whatsoever the court or judge awarding the writ shall
consider in that behalf. Speedy trial vs Speedy disposition of cases
Instances when the writ of habeas corpus may be availed: Speefy Trial
1. There has been a deprivation of a constitutional right 1. It is provided under Art III Sec 14
resulting in a restraint of a person. 2. In criminal prosecutions at the trial stage.
2. The court has no jurisdiction to impose the sentence. Speedy disposition of cases
1. Provided under Art III Sec 16
3. An excessive penalty has been imposed, in which case the 2. Covers all phases of the proceedings whether judicial,
sentence is void as to such excess. quasi-judicial, or administrative. Broader in scope.
Preliminary citation to show cause why the writ should not There is no hard and fast rule on how long a case
issue vs Peremptory writ of habeas corpus should be tried or disposed of, except that in order
to avoid delays the rules of court and rules of
administrative bodies have fixed several periods
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within which to file answers, appeals, and other Involuntary servitude- It is a condition where one is forced to
responsive pleadings. work for another against his will and whether he is paid or
not.
XVII. RIGHT AGAINST SELF-INCRIMINATION
When involuntary servitude is permissible
SECTION 17. No person shall be compelled to be a witness 1. If it is a punishment for a crime whereof he is duly
against himself. convicted.
2. If it is required to defend the state.
The right is a mandatory and substantive right established on 3. If it is so needed under the principle of posse comitatus.
broad grounds of public policy and humanity.
No involuntary servitude in a return to work order- If they
Basic purposes of the privilege: choose not to obey the order, they have to give up their
work. They obey if they don’t want to give up their work.
1. For humanitarian reasons, to prevent a witness or accused
from being coerced, whether physically, morally, and or XIX. RIGHT AGAINST EXCESSIVE FINES, DEGRADING OR
psychologically into incriminating himself. INHUMAN PUNISHMENT
2. To protect the witness or accused from committing perjury, SECTION 19. (1) Excessive fines shall not be imposed, nor
because the first law of nature is self-preservation. cruel, degrading or inhuman punishment inflicted. Neither
shall death penalty be imposed, unless, for compelling
It is available not only in criminal proceedings but also in reasons involving heinous crimes, the Congress hereafter
other proceedings. provides for it. Any death penalty already imposed shall be
reduced to reclusion perpetua.
Scope of the right against self-incrimination- The protection
is therefore only against being compelled to testify against (2) The employment of physical, psychological, or degrading
himself. For this reason, the weight of authority is to the punishment against any prisoner or detainee or the use of
effect that a person may be compelled to submit himself for substandard or inadequate penal facilities under subhuman
physical examination to determine his involvement in the conditions shall be dealt with by law.
offense he allegedly committed.
A fine is considered excessive where it is clearly shown that
The constitutional right only extends to testimonial the nature of the violation compared with the fine is
compulsion and not when the body of the accused is disproportionate or if it exceeds the utmost limit of
subjected to examination. Mechanical acts only are covered. punishment which the vindication of the law demands.
It is a personal right that may be waived either directly or by a Punishment is cruel if it is flagrantly and plainly oppressive,
failure to invoke it, provided that the waiver is certain and wholly disproportionate to the nature of the offense as to
made willingly and intelligently. shock the moral sense of the community or when it involves
torture or lingering death.
It is not available to juridical persons.
Louisiana vs Resueber- The claim of the convict that he was
XVIII. FREEDOM OF POLITICAL BELIEF AND FREEDOM being subjected to a cruel and degrading punishment was not
AGAINST INVOLUNTARY SERVITUDE sustained on the basis of a mechanical failure in the electric
chair that his death penalty was not executed. There was no
SECTION 18. (1) No person shall be detained solely by reason purpose to inflict unnecessary pain involved in the repetition
of his political beliefs and aspirations. of the execution.
(2) No involuntary servitude in any form shall exist except as XX. RIGHT AGAINST IMPRISONMENT FOR DEBT OR NON-
a punishment for a crime whereof the party shall have been PAYMENT OF POLL TAX
duly convicted.
SECTION 20. No person shall be imprisoned for debt or non-
Salonga vs Pano- Political discussions even among those payment of a poll tax.
opposed to the present administration is within the
protective clause of freedom of speech and discussion. The Poll tax- It is a tax fixed upon all persons or upon persons of
same cannot be construed as subversive activities per se or as certain class, resident within a specific territory, without
evidence of membership in subversive organizations. regard to their property or their occupation.
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XXI. DOUBLE JEOPARDY Liability under BP 22 without prejudice to any liability for
violation of any provision of the revised penal code.
SECTION 21. No person shall be twice put in jeopardy of
punishment for the same offense. If an act is punished by a XXII. RIGHT AGAINST EX POST FACTO LAW AND BILL OF
law and an ordinance, conviction or acquittal under either ATTAINDER
shall constitute a bar to another prosecution for the same
act. SECTION 22. No ex post facto law or bill of attainder shall be
enacted.
Double jeopardy- When an accused is either acquitted or
convicted, or the case against is dismissed or otherwise Ex post facto- From something done afterwards. Is any law
terminated without his express consent, by a court of which makes an innocent act a crime after the act was
competent jurisdiction, upon a complaint or information or committed.
when a formal charge sufficient in form and substance to
sustain a conviction and after the accused had pleaded to the Kinds of ex post facto law
charge, the conviction or acquittal of the accused or the 1. Every law that makes a criminal action done before the
dismissal of the case shall be a bar to another prosecution for passage of the law and which was innocent when done, and
the same offense. punishes such an action.
2. Every law that aggravates a crime or makes it greater thatn
Reason for this rule- It is a safeguard against a second when it is committed.
prosecution for the same offense. Without the rule on double 3. Every law that changes punishment, and inflicts greater
jeopardy, an accused will be at the mercy of the complainant punishment than the law annexed to the crime when
and his witnesses thereby subjecting him to a never ending committed.
charge which the malice of the complaining witness might 4. Every law that alters the legal rules of evidence, and
hold indefinitely suspended over his head. receives less or different testimony than the law required at
the time of the commission in order to convict the offender.
Requisites to constitute double jeopardy 5. Every law which assuming to regulate civil rights and
1. There must be a valid complaint or information. remedies only, in effect imposes a penalty or the deprivation
2. The complaint or information must be filed in a court of of a right for something which, when done, was lawful.
competent jurisdiction. 6. Every law which deprives persons accused of crime of some
3. The accused has pleaded guilty to the charge. lawful protection of a former conviction or acquittal or of a
4. The accused has been acquitted or the case dismissed or proclamation of amnesty.
terminated without his express consent.
Characteristics of ex post facto law
Valid complaint or information 1. Relates to criminal matters.
1. It is in writing in the name of the people of the Philippines. 2. Retroactive in its operation.
2. It is subscribed by the offended party, any peace officer or 3. Alters the situation to the accused party to his
public officer charged with the enforcement of the law. disadvantage.
3. It complies with the elements of sufficiency of complaint or 4. Its enforcement is prejudicial to the accused.
information as provided in section 6 Rule 110 of the Rules of
Court. Reason: Criminal laws cannot be applied retroactively
because an accused cannot be held liable for an act which at
Accused pleaded to the charge- Unless and until an accused the time of its commission was not punishable. There is no
has pleaded to the charge against hi,, he cannot invoke crime when there is no law punishing it.
double jeopardy. Hence, if the complaint against him was
dismissed before he has pleaded, he cannot invoke double Bill of attainder- It is a legislative act which inflicts
jeopardy. punishment without such trial.
The defense of double jeopardy will be available to the Purpose of prohibition of a bill of attainder- Is to implement
accused where the dismissal of the case against him even separation of powers. The task of the legislature is to enact
with his express consent was based on laws and not to pronounce the guilt of a party through
1. Insufficiency of evidence legislation. It cannot undertake trial by legislation.
2. Denial of his right to speedy trial.
Because, the dismissal is considered in the nature of an
acquittal.
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PART 2- ADMINISTRATIVE LAW, LAW ON PUBLIC OFFICERS, 8. Although findings of facts of an administrative agency is
AND ELECTION LAWS persuasive in courts and carries with it a strong presumption
of correctness, nonetheless, the interpretation and
I. ADMINISTRATIVE LAW application of laws is the court’s prerogative. (Prudential Bank
vs Serrano)
Administrative law- Is the branch of public law which fixes
the organization and determines the competence of 9. Administrative remedies should first be exhausted before
administrative authorities, and indicates to the individual filing a petition for relief. (Walstrom vs Mapa)
remedies for the violation of his rights.
10. On purely legal question, however, the aggrieved party
Administrative law in the Philippines (Gonzales vs Land Bank need not exhaust administrative remedies. Nothing of an
of the Philippines) administrative nature is to be done or can be done in the
administrative forum. (Prudential Bank vs Serrano)
1. It is a branch of public law
11. If a case is such that its determination requires the
2. These “boards”, “bureaus”, “commissions”, “authority”, expertise, specialized skills, and knowledge of the proper of
“office”, and “administration”. the proper administrative bodies because technical matters
or intricate questions of facts are involved, then relief first be
3. These boards, bureaus, commissions, authority, office and obtained in an administrative proceeding before a remedy
administration can exercise quasi-legislative and quasi-judicial will be supplied by the courts even though the matter is
powers and functions in the sense that they can issue rules within the proper jurisdiction of a court. (Industrial
and regulations not contrary to the guidelines set up by law Enterprises inc, vs Court of Appeals)
and they can resolve the issues or the cases submitted to
them. Origins of Administrative laws
1. Statutes
4. Administrative regulations and policies enacted by 2. Increase of government functions and concerns.
administrative bodies to interpret the law which they are 3. Necessity of government control and regulation
entrusted to enforce have the force of law and are entitled to
great respect. They have in their favour a presumption of Sources of Administrative laws
legality. 1. The Constitution.
2. Statues creating administrative bodies.
5. In the resolution of cases or issues presented to 3. Court decisions.
administrative bodies and offices, they are not bound by the 4. The body of rules, regulations, and orders issued by
technical rules of evidence. Strict observance of the same is administrative agencies.
not indispensable in administrative cases.
Administrative Bodies or Agencies in the Philippines
6. An administrative decisions may properly be amended or 1. Administrative bodies for regulation under police power.
set aside only upon clear showing that the administrative 1. Commission on Immigration and Deportation
official or tribunal has acted with grave abuse of discretion 2. Securities and Exchange Commission
amounting to lack or excess of jurisdiction. There is an abuse 3. Professional Regulation Commission
of discretion when the same was performed in a capricious or 4. Bureau of Food and Drugs
whimsical exercise of judgment which is equivalent to a lack 5. Housing and Land Use Regulatory Board.
of jurisdiction. The abuse of discretion must be so patent and 6. Board of Food Inspectors
gross as to amount to an evasion of positive duty or to a 7. Monetary Board
virtual refusal to perform a duty enjoined by law, such as 8. Land Transportation Office
when the power is exercised in an arbitrary or despotic 2. Administrative bodies for regulation of public utilities
manner by reason of passion of personal hostility. (Heirs of 1. Land Transportation Franchising and Regulatory
Tanjuan vs Office of the President) Board
2. National Telecommunications Commission
7. Factual findings of administrative bodies should be 3. Board of energy
accorded with not only with respect but also finality of they 4. National Water and Resources Council
are supported by substantial evidence even if not 5. Civil Aeronautics Board
overwhelming or preponderant. (Casa Filipino Realty 6. Board of Marine Inquiry
Corporation vs Office of the President) 3. Administrative bodies to carry on governmental functions
1. Bureau of Internal Revenue
2. Bureau of Customs
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3. Civil Service Commission definite work is assigned, and it is governed by ends rather
4. Board of Special Inquiry than the rules. It is a personal. Hence, it is often arbitrary and
5. Bureau of Lands subject to the abuse incident to personal as contrasted with
6. Land Registration Authority the impersonal or law-regulated action.
4. Administrative bodies that adjudicates and decides
industrial controversies. Law operates by redress or punishment rather than by
1. National Labor Relations Commission prevention. It formulates general rules of action and visits
2. Philippine Overseas Employment Adjudication infraction of these rules with penalties. It does not supervise
Office action. It leaves individuals free to act, but imposes pains on
3. Human Settlement regulatory Commission or the those who do not act in accordance with the rules prescribed.
HLURB
5. Administrative bodies making the government a private Administration of government and administration of justice
party
1. Commission on Audit. Administrative officers who are charged with the
2. Social Security System Adjudication Office administration of government determine what is the law to
6. Administrative Bodies that grant privileges find out whether they are competent to act and if so,
1. Philippine Veterans Affairs Office whether it is wise for them to act.
2. Board of Pardons and Parole
3. Bureau of Lands The judicial officers who are charged with the administration
4. Land Transportation and Franchising Regulatory of justice decides controversies between individuals and
Board government officers as to the applicability in the cases in a
question of a particular rule of law. Hence, they determine
2 Aspects of Administration what law is applicable to the facts brought before them.
1. Internal Administration- This includes the legal structure
or organization of public administration and the legal aspects Administration as an organization and government
of each institutional activity.
2. External Administration- This is concerned with the Administration refers to that group of aggregate of persons in
problem of administrative regulations or the exercise of whose hands, the reigns of government are for the time
power for carrying out the ends for which such powers were being. It indicates the entire administrative organization
delegated. extending down the chief executive to the most humble of his
subordinates. It is thus the totality of the executive and
Administration- It is an activity of the executive officer of the administrative authorities.
government. The government administers when it appoints
an officer, instructs its diplomatic agents, assesses, collects its As an element of the state, a government is defined as that
taxes, drills its army, investigates a case of the commission of institution or aggregate of institutions by which an
a crime and executes the judgment of the court. independent society makes and carries out those who
Administration is thus found in all the manifestation of possess the power or authority of prescribing them.
executive action.
Nature of administrative agencies- An administrative agency
Administration as presently understood, refers to the is an organ of government entrusted with the task of enacting
aggregate of those persons in whose hands the reigns of specific rules and regulations to effectuate the purpose of the
government are for the time being. (US vs Dorr) statute creating it. Its functions and powers are quasi-
legislative or quasi-judicial, or in some instances, it acts as an
Administration and Politics agent of the executive branch of the government, in which
case, it is entrusted with the duty to exercise executive and
Administration has something to do with the execution of the administrative functions.
policies of the state. Execution of said policies is entrusted to
the body of officers, called administrative officers. 2 Principal powers and functions of administrative agencies.
1. Rule-making power or quasi-legislative function
Politics has something to do with the policies or expressions 2. Power of adjudication or quasi-judicial function
of the state’s will.
Legislative control over administrative agencies
Administration and law
The legislative branch of government enacts the law that
Administration achieves public security by preventive creates an administrative agency.
measures. It selects a hierarchy of officials to each of whom
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1. It prescribes the mode of appointment, the term of office implement. An administrative agency cannot amend an act of
and the compensation. congress.
2. It fixes the authority and procedure
3. It determines the size of its personnel and staff 3. It must be promulgated in accordance with the prescribed
4. It exercises continuing surveillance over its activities procedure- Administrative regulations of general application
5. It may investigate its operation for remedial/corrective does not require previous notice and hearing except where
legislation. the legislature itself requires it and mandates that the same
shall first require the ascertainment of facts elicited from an
A. QUASI-LEGISLATIVE OR RULE_MAKING POWER appropriate investigation.
Different kinds of administrative rules and regulations Previous notice and hearing- Not required in the
promulgation of administrative rules and regulations unless
1. Supplementary or detailed legislation- They are rules and the legislature requires it or unless the regulation is in effect a
regulations to fix the details in the exception and settlement of a controversy between specific parties in which
enforcement of a policy set out in a law. case it is considered as an administrative adjudication, hence,
it will require notice and hearing.
2. Interpretative legislation- They are rules and regulations
construing or interpreting the provisions of a statute to be Philippine Consumers Foundation Inc., vs Secretary of
enforced and they are binding on all concerned until they are education, culture, and sports- When the administrative
changed. They have the effect of law and are entitled to great agency prescribes the rates in the exercise of its legislative
respect, they have in their favour a presumption of legality. functions, prior notice and hearing to the affected parties is
The erroneous application of the law by public officers does not a requirement of due process. However, when said rates
not bar a subsequent correct application of the law. are prescribed by an administrative agency in the exercise of
a quasi-judicial function, prior notice and hearing are
3. Contingent legislation- They are rules and regulations essential to the validity of said rates.
made by an administrative authority on the existence of
certain facts or things upon which the enforcement of the law Rules are legislative in character - When the rules or rates
depends. It is issued on account of the concurrence of a issued or prescribed by an administrative agency are meant
certain contingency, as determined by the administrative to apply to all enterprises of a given kind throughout the
agencies of the government. On the basis of the latter’s country, they partake of a legislative character.
determination, the operation of law may either be enforced
or suspended. Rules are quasi-judicial in character- Where the duties and
the rates imposed apply exclusively to a particular party,
Requisites of a valid administrative rule or regulation based upon a finding of fact, then its function is quasi-judicial
1. It must be promulgated by the legislature. in character.
2. It must be within the scope of authority given by the
legislature. 4. Administrative rule or regulation must be reasonable- An
3. It must be promulgated in accordance with the prescribed administrative rule or regulation must be reasonable, not
procedure. arbitrary and capricious. The reasonableness of a regulation
4. It must be reasonable. depends on the reason or purpose for which a regulation is
issued.
Authority to promulgate an administrative regulation- This is
granted either by the charter itself or an administrative body, Requisites for a valid administrative regulation with a
or by the law it is supposed to enforce. Hence, any and all penalty
administrative regulations issued by the administrative 1. The law itself which authorizes administrative authorities
agency should not be contrary to the said charter or law that to issue the same must declare as punishable the violation of
creates them, and that they should be in conformity with the the rules and regulations under its authority.
standards prescribed by law. 2. The law should define or fix the penalty for the violation of
the said rules and regulations.
Rules must be within the scope of legislative authority- 3. Publication of said rules and regulations must be made.
Rules and regulations which are beyond the limits or
legislative authority are not valid rules and regulations. It has
been the consistent rule of the Supreme Court that rules and
regulations are valid only when they are within the
framework of the policy which the legislature seeks to
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Publication requirement of all laws as a condition for their Tests to determine whether a given power has been validly
effectivity exercised by a particular department
What should be published 1. Whether or not the power in question, regardless of its
1. All statutes, including those of local application and private nature is granted by the constitution to the department
laws. which seeks to exercise such power. If it is granted by the
2. Presidential Decrees and executive orders promulgated by constitution the exercise of power is valid.
the president in the exercise of legislative powers whenever
the same are validly delegated by the legislature or at 2. If the power sought to be exercised is not expressly
present, directly conferred by the constitution. conferred by the constitution, can the power sought to be
exercised be reasonably inferred from, or is it necessary to
Publication must be in full or it is no publication at all the proper exercise of the express power granted to the
since its purpose is to inform the public of the department seeking to exercise said power, hence, justified
contents of the law. under the doctrine of implication.
The law shall be published in the Official Gazette and
not just in newspapers of general circulation. Doctrine of implication- Means that even in the absence of
A law takes effect after 15 days following the an express conferment, the exercise of a given power may be
completion of their publication either in the official justified or reasonably inferred from the express power
gazette or in a newspaper of general circulation in already granted, or that it may be necessary to the proper
the Philippines, unless it is otherwise provided. The exercise of the express power granted to the department
phrase unless otherwise provided means that the seeking to exercise such power.
law can provide that when shall it become effective,
but in no case can it provide that it shall take effect 3. If the power sought to be exercised is not granted by the
immediately without publication. constitution, either expressly or impliedly, can its exercise be
Publication of administrative laws- depends on the justified as inherent or incidental? If they are, the exercise of
purpose. If the purpose is to implement an existing said power may be sustained.
law, they must be published. If the administrative
regulation is of general circulation or penal in nature, 4. Assuming that the power of the act sought to be
it should be published. If the regulation is merely performed is expressly or impliedly granted by the
interpretative or merely internal in nature, they constitution, or that it is justified as inherent, the fourth is
need not be published. whether or not the act of power in question has been
The 15- day period is counted from the date of performed in accordance with the rules laid down by the
release for circulation of the edition in the Official constitution.
Gazette, not from the date or printed date of the
edition of the Official Gazette. Quasi- legislative power- Is the power of subordinate
legislation. It is the power of administrative agencies to issue
Powers and functions exercised in the course of exercising administrative rules and regulations in order to implement
quasi-legislative powers. the law and the legislative policy fixed by the legislature.
1. Enabling powers- They are the powers that enable an Guidelines to observe in order to insure that there is a valid
administrative agency to do an act which the law precisely delegation of power
entrust to it.
1. A policy- The determination of a legislative policy is vested
2. Summary powers- They are those powers exercised by in the legislature and this cannot be delegated to an
administrative authorities to perform coercive measures administrative agencies. It must be clearly declared in the
upon persons or things without the need of securing judicial language of the statute and should not be left to the
warrant. discretion of the said administrative agencies.
3. Examining powers- This is the power of an administrative 2. Definite standard by which the executive or administrative
agency to examine and inspect books, papers, and records to officer or board may be guided in the exercise of his
investigate activities of persons under its jurisdiction. discretionary authority. The statute must pronounce a
definite standard which will guide the administrative agency
4. Dispensing power- This is the power of an administrative concerned. A standard defines the policy fixed by the
officer to grant exemption from the performance of a general legislature and marks and limits.
duty.
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Legislative regulations vs Interpretative regulations c. Power to issue subpoena and
notices.
Legislative- What is employed in promulgating this regulation d. Power to sear and interrogate
is not the discretion to determine what the law shall be, as witnesses.
this is exclusively vested in the legislature, but the discretion e. Power to inspect premises.
on how the law shall be enforced. f. Power to require written
answers to questionnaires.
Interpretative- They constitute the administrator’s g. Power to require periodic or
construction of a statute and they are valid if they construe special reports
the statute correctly. If not, they are subject to judicial h. Power to require the filing of
review. statements.
Powers under Quasi-Judicial power Jurisdiction- Is the authority to hear and determine a case.
1. Determinative powers The right to act in a particular case.
a. Enabling powers- Powers of administrative bodies
act, to grant, or deny applications for licenses to Classifications of jurisdiction
engage in a particular business or occupation. 1 General- Extends to all controversies which may be brought
b. Directing powers- Powers of administrative before a court within the legal bounds of rights and remedies.
agencies to see to it that laws and regulations are 2. Limited or Special- Jurisdiction which is confined to
duly complied with. particular cases, or which can be extended only under the
1. Dispensing powers- Authority to grant limitations and circumstances prescribed by law.
exemption, or be relieved from complying 3.Original- Jurisdiction conferred upon, or inherent in a court
with a law or regulation. of first instance.
2. Examining powers- This refers to the 4. Appellate- Power and authority conferred upon in a
investigatory or inquisitorial powers of superior court to rehear and determine cases which have
administrative agencies which includes the been tried in the lower court, or the review by a superior
following court of the final judgment or order of some lower courts.
a. Power to conduct inspection of 5. Exclusive- Jurisdiction conjoined to a particular tribunal or
accounts, records, documents, and grade of courts to the exclusion of others.
other papers relative to its 6. Criminal- That which exist for the punishment of crimes.
investigation 7. Civil- That which exists for the determination of
b. Power to obtain other controversies that are civil in character.
information which it finds relevant 8. Territorial- The power of the tribunal considered with
to a matter being investigated. reference to the territory within which it is to be exercised.
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The factual findings of said administrative boards, 6. When the respondent is a department secretary whose
bureaus, and offices are final if they are supported acts as an alter ego of the President bears the implied and
by substantial evidence. They are, however, assumed approval of the later.
appealable on questions of law and jurisdiction. 7. When to require exhaustion of administrative remedies
would be unreasonable.
Doctrine of finality of administrative decisions 8. When it would amount to a nullification of the claim.
9. When the subject matter is a private land in land case
1. Administrative action must have been fully completed proceedings.
before a decision of an administrative body may be subject of 10. When the rules does not provide a plain, speedy, and
judicial review. Otherwise, it will only cause delay of the adequate remedy.
disposition of administrative proceedings. 11. When there are circumstances indicating the urgency of
judicial intervention.
2. Courts may intervene prior to the completion of an 12. When the involved claim is small.
administrative action: 13. When strong public interest is involved.
1. When the administrative officer assumes to act in 14. In quo warranto proceedings.
violation of the constitution and other laws. 15. When the issue is rendered moot and academic.
2. When the questioned order is not reviewable in
any other way, and the complainant will suffer great Doctrine of Primary Jurisdiction- It dictates that courts
and obvious damage if the order is carried out, or cannot determine a dispute on a question requiring the
when such relief is expressly allowed by law. special knowledge and expertise of the administrative
3. When the questioned order is made in excess of tribunals.
power and therefore a deprivation of a right granted
by the statute. Judicial process in suspended pending referral of such issues
to the administrative body for its review, when a claim
Doctrine of exhaustion of administrative remedies- Where originally cognizable in court requires the resolution of issues
the enabling statute indicates a procedure for administrative which under a regulatory scheme, have been placed within
review, and provides a system of administrative appeal or the special competence of an administrative body.
reconsideration, the courts of law for reasons of law, comity,
and convenience, will not entertain a case unless available Rationale for the observance of the doctrine
administrative remedies have been resorted to and the
appropriate authorities have been given opportunity to act 1. Uniformity and consistency in the regulation of business
and correct errors committed in the administrative forum. entrusted to an administrative agency are secured.
Consequence of non-observance of exhaustion of remedies- 2. The limited function of review by the judiciary are more
It results in a lack of cause of action which is one of the rationally exercised, by preliminary report for ascertaining
grounds allowed in the Rules of Court for the dismissal of the and interpreting the circumstances underlying legal issues to
complaint. agencies that are better equipped than courts by
specialization, by insight gained through experience, and by
It is not jurisdictional, failure to invoke it operates as a waiver more flexible procedure.
of the objection as a ground for a motion to dismiss and the
court may then proceed with the case as if the doctrine had Difference: Exhaustion of remedies and primary jurisdiction
been observed. (Sunville Timber Products vs Judge Abad)
Exhaustion of remedies
Under the principle of separation of powers- the doctrine is
based. 1. The administrative agency has authority to pass on every
question raised by a person resorting to judicial relief and
Exceptions in observance of the doctrine of exhaustion of enables the court to withhold its aid entirely until the
administrative remedies administrative remedies had been exhausted.
1. Where there is violation of due process.
2. When the issue involve is purely legal. 2. The claim or matter is cognizable in the first instance by an
3. When the administrative action is patently illegal administrative agency alone.
amounting to lack or in excess of jurisdiction.
4. When there is estoppel on the part of the administrative 3. The purpose of the rule is to control the timing of judicial
agency concerned. relief from adjudicative action of an agency.
5. When there is irreparable injury.
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Primary Jurisdiction proceeding were undertaken in an atmosphere of fairness
and justice.
1. Both the court and the administrative agency have
jurisdiction to pass on a question when a particular case is Requirements of procedural due process in administrative
presented to court, as an original matter rather than a matter proceedings (Ang Tibay vs Court of Industrial Relations)
or review. 1. The right to a hearing, which includes the right to present
one’s case and submit evidence in support thereof.
2. The claim or matter is cognizable by both court and the 2. The tribunal must consider the evidence presented.
agency. 3. The evidence must be substantial.
4. The decision must be rendered on the evidence presented
3. It is not concerned with judicial review but determines in at the hearing or at least contained in the record and
some instances whether initial action should be taken by a disclosed to the parties affected.
court or administrative agency. 5. The decision must have something to support itself.
6. The tribunal or body or any of its judges must act on its
Doctrine of qualified political agency- Is a corollary rule to own independent consideration of the law and the facts of
the control powers of the President. Under this doctrine, the controversy and not simply accept the views of a
which recognizes the establishment of a single executive, all subordinate in arriving at a decision.
executive and administrative organizations are adjuncts of 7. The board or body should, in all controversial questions,
the Executive Department, the heads of the various executive render its decision in such a manner that the parties to the
departments are assistants and agents of the Chief Executive, proceedings can know the various issues involved, and the
and except in cases where the Chief Executive is required by reason for the decision rendered.
the constitution or law to act in person as the exigencies of
the situation demand that he act personally, the multifarious Right to a hearing- It is necessary only when some
executive and administrative functions of the Chief executive constitutional right is claimed to be invaded.
are performed and promulgated in the regular course of
business are, unless disapproved or reprobated by the Chief When notice and hearing not necessary
Executive, presumptively the acts of the Chief Executive.
1. If the purpose of an administrative determination is to
The president’s power of control is directly exercised by him decide whether a right or privilege which an applicant does
over the members of the cabinet who, in turn, and by his not possess shall be granted to him or withheld in the
authority, control, the bureaus and other offices under their exercise of a discretion vested by statute.
respective jurisdictions in the executive department.
2. It is not necessary if the power exercised is essentially
Doctrine of Res Judicata- Forbids the reopening of a matter administrative or executive and not judicial or quasi- judicial,
that has been determined by competent authority. The unless otherwise required by law
principle of prior adjudication extends to all bodies upon
whom judicial power has been confirmed. 3. Even if the power is exercise is quasi-judicial, notice or
hearing may not be necessary to due process of law if no
Instance when res judicata is not applicable to an personal or property rights are involved.
administrative proceeding- Nasipit Lumber Company vs
NLRC, Sec 5 Rule XVIII Books of Rules and Regulations 4. When powers of determination and action of a quasi-
Implementing the Labor Code, the court held that the judicial character are given to officers entrusted with the
doctrine of res judicata does not apply to labor relations duties of local or municipal administration by which not of
proceedings considering that the rules provides that such the property, but the lives of individuals may be affected, and
proceedings are non-litigious and summary in nature without which from their nature, must be exercised without a prior
regard to the legal technicalities obtaining in courts of law. hearing or notice to the parties who may be affected.
Neither does the doctrine apply to judgments based on Requisites of Judicial Review
prohibited or void contracts. 1. The administrative action as already been fully completed
and has therefore become final. (Doctrine of Finality of
Due process in administrative proceedings- Notice and Administrative Action)
opportunities to be heard. 2. The administrative remedies have been exhausted.
(Doctrine of Exhaustion of Administrative Remedies)
Procedural due process as understood in administrative
proceedings accepts of a more flexible standard as long as the
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Appeal by Certiorari Rule 45 Questions of fact- A question of fact arises when there is a
conflict in testimony. The question must be resolved by the
1. The petition is based on questions of law which the court. No question of fact exists if only one conclusion is
appellant desires the appellate court to resolve. possible from the facts established.
2. Involves the review of the judgment, award, or final order There is a question of fact when the doubt or difference
on the merits. arises as to the truth or the falsehood of alleged facts.
3. Must be made within the reglementary period for appeal. Test of whether the question is of law or fact- Whether the
appellate court can determine the issue raised without
4. Stays with the judgment, award, or order appealed from. reviewing or evaluating the evidence, in which case it is a
question of law, otherwise it is a question of fact.
5. Petitioner and respondent are the original parties to the
action, and the lower court or quasi-judicial agency is not to Exemptions to the conclusiveness of facts
be impleaded.
1. When the conclusion is s finding grounded entirely on
6. Prior filing of a motion for reconsideration is not required. speculations, surmises, or conjecture.
7. The appellate court is in the exercise of its appellate 2. When the interference made is manifestly absurd,
jurisdiction and power of review. mistaken or impossible.
Special Civil Action for Certiorari Rule 65 3. When there is grave abuse of discretion.
1. The petition raises the issue as to whether the lower court 4. When the judgment is premised on a misapprehension of
acted without or in excess of jurisdiction or with grave abuse facts.
of discretion.
5. When the findings of facts are conflicting.
2. May be directed against an interlocutory order of the court
prior to appeal from the judgment or where there is no 6. When the Court of Appeals in making its findings, went
appeal from the judgment or where there is no appeal or beyond the issues of the case and the same is contrary to the
other plain, speedy, or adequate remedy. admissions of both appellants and appellees.
3. May be filed not later than 60 days from notice of 7. When the findings of fact are contrary to those of the trial
judgment, order, or resolution sough to be aassailed. court.
4. Does not stay the challenge proceeding unless a writ of 8. When the findings of fact are conclusions without citation
preliminary injunction or temporary restraining order shall of specific evidence on which they are based.
have been issued.
9. When the facts set forth in the petition as well in the
5. The parties are the aggrieved party against the lower court petitioners’ main and reply briefs are not disputed by the
or quasi-judicial agency and the prevailing parties who respondents.
thereby, respectively become the petitioner and respondents.
10. When the findings of fact of the Court of Appeals are
6. A motion for reconsideration is a condition precedent. premised on the supposed absence of evidence and
contradicted by the evidence on record.
7. The higher court exercises original jurisdiction under its
power of control and supervision over the proceedings of the Common remedies against a decision or order of an
lower courts. administrative agency
1. Special Civil Action for Certiorari Rule 65
Questions of law- If the facts are established or admitted, 2. Petition for Prohibition Rule 65
their legal effect is a question of law for the court to 3. Petition for Mandamus Rule 65
determine. 4. Quo-Warranto Proceeding Rule 66
5. Petition for Habeas Corpus Rule 102 Sec 1
There is a question of law in a given case when the doubt or
difference arises as to what law is on a certain side of facts.
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Before and administrative determination may be subject of Statutory methods
judicial review it is required that: 1. Judicial review of the decisions of the Constitutional
1. The administrative action has already been fully completed Commissions, those under Art IX (A), Section 1 of the
and has become final. Constitution.
2. That all the administrative remedies have been exhausted. 2. Judicial Review of decisions and final orders under the
Labor Code of the Philippines.
*The requirements are subject to exceptions. Exceptions in
exhaustion of admininistrative remedies. There is no rule which specifies the period within
which a petition for certiorari should be filed. The
General Rule: Factual findings of administrative agencies will yardstick to measure the timeliness of a petition for
not be disturbed by the courts. certiorari is the reasonableness of the duration of
time that has expired from the commission of the act
Except in the following cases: complained of, up to the institution of the
proceedings to annul the same.
1. When it is not supported by substantial evidence.
2. When it is vitiated by fraud, imposition, or collusion. Non-statutory methods- Relief is obtained by common law
remedies or by the prerogative writs of certiorari, mandamus,
3. When the procedure which led to the factual findings is habeas corpus, quo warranto or prohibition.
irregular.
Direct proceeding- Special Civil Action for Certiorari Rule 65
4. When palpable errors are committed. or Appeal under Rule 43.
Purely administrative and discretionary functions Guarantees for administrative agencies created by the
may not be interfered by the courts except if an constitution
agency or official concerned has acted arbitrarily and 1. Members of the Constitutional Commissions cannot be
with grave abuse of discretion. removed from office except for impeachment.
2. The powers conferred to each of the said commissions
Methods of review of administrative decisions cannot be withdrawn or reduced by statute.
3. The term of office of the chairman and the commissioners
1. Statutory methods- They are those that are provided by a is 7 years without re-appointment.
specific statutory provision. The manner and extent of its 4. Their term of office are staggered in order that the majority
exercise is therefore governed by statutes. of them may not be appointed by the same president.
5. They may not be re-appointed or appointed in an acting
2. Non-Statutory methods- Are those methods which are not capacity.
expressly provided for by law. They are resorted by courts on 6. Their salaries are fixed by law and shall not be decreased
account of their inherent power to review such proceedings during their tenure.
and to decide questions of jurisdiction and questions of law. 7. All said commissions may promulgate its own procedural
rules.
3. Direct proceeding-This is a proceeding which includes a 8. All of the said commissions can appoint their own officials
petition for review or relief from a judgment. The purpose of and employees in accordance with law.
which is to seek relief other than to set aside judgment, 9. The chairman and members of all said commissions are
although it may involve an attack on the judgment itself. subject to certain disqualifications and inhibitions so they will
not be distracted from performing their duties and functions.
4. Collateral attack- Through this, there is an attempt to 10. All the said commissions are independent.
question in a subsequent proceeding, the conclusiveness or 11. A;; the said commissions are created by the constitution
validity of a prior administrative decision on the ground that and they may not be abolished by statute.
the decision was invalid for lack of jurisdiction over the
person or over the subject matter, or because of the decision
attacked was not the act of the administrative body
concerned which is vested with the power to make the said
decision.
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PART 3- LAW ON PUBLIC OFFICES AND PUBLIC OFFICERS personality of its own, separate and distinct from that of the
government as such.
Public office- It is the right, authority, and duty, created and
conferred by law, by which, for a given period either fixed by Office vs Employment
law or enduring at the pleasure of the creating power, an Office- Is a public position created by the constitution or law,
individual is invested with some portion of the sovereign continuing during the pleasure of the appointing power, or
functions of government, to be exercised by the individual for for a fixed time, with a successor elected or appointed.
the benefit of the public. (Fernandez vs Sto. Tomas) Employment- Is an agency, for a temporary purpose, which
ceases when that purpose is accomplished.
Elements of a public office
Officer vs Employee
1. It must be created by law or by ordinance authorized by 1. An officer has a position of greater importance, dignity, and
law. independence.
2. That he is required to give an official oath, and to give an
2. It must possess some sovereign functions of government to official bond.
be exercised for public interest. 3. He has greater liability to account for misfeasance or
nonfeasance in office.
3. The functions must be defined, expressly or impliedly by 4. That his tenure of office is usually different from that of an
law. ordinary employee.
Under the Administrative Code- Generally, it refers to an 1. Executive officers- Executes laws.
individual invested with a public office. When it is used with
reference to a person having to do a particular act or perform 2. Legislative officers- Enact laws.
a particular function in the exercise of governmental power, it
includes any government employee, agent, or body having to 3. Judicial officers- Decides controversies.
do the act or exercise that function.
4. Officer de jure- Lawful right to the office in all respects, but
Under the Revised Penal Code- It refers to a person, who, by who has either been ousted from it or has never actually
direct provision of law, popular election, or appointment by taken possession of it.
competent authority, shall take part in the performance of
public functions in the Government of the Philippines or 5. Officer de facto- One who has the reputation of being the
performs in said government or in any of its branches, public officer he assumes to be and yet, is not the officer in point of
duties as an employee, agent, or subordinate official, or of law.
any rank or class.
6. Ministerial officers- Duty is to execute the mandates
Public Official- Is an officer of the government itself, as lawfully issued of their superiors.
distinguished from the officers and employees of
instrumentality of government. Hence, the duly authorized 7. Special Agent- One who receives a definite and fixed order
acts of the former are those of the government, unlike those or commission, foreign to the exercise of the duties of his
of a government instrumentality which may have a office if he is a special official.
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8. Notary Public- A public officer whose function is to attest CSC Resolution no. 91-1631- Provides that in no case shall an
and certify, by his hand and official seal, certain classes of appointment take effect earlier that the date of its issuance.
document, in order to give them credit and authenticity in
foreign jurisdictions, to take acknowledgment of deeds and Distinctions: Appointment, designation, commission
other conveyances, and certify the same, and to perform
certain official acts, chiefly in commercial matters, such as the Appointment- It is the selection by the authority vested with
protesting of notes and bills, the noting of foreign drafts and the power of an individual who is to exercise the power of a
marine protests in cases of loss or damage. given office.
Nature of Notary Public- Are public officers but not in the Designation- Connotes merely the imposition by law of
sense that such term is used in the Administrative Code, additional duties on an incumbent official.
because, while it is true that they perform necessary public
duties, however, such duties are not in the discharge of Commission- It is the written evidence of the appointment.
governmental functions. Their office exists for the benefit of
the public. They receive their fees from the party whether it is Regular appointment- It is an appointment made by the
the government itself or private individual, for whom the president while congress is in session after the nomination is
service is rendered. confirmed by the Commission on Appointments. It continues
until the end of the term.
Characteristics of a public office
1. Public office is a public trust Ad interim appointment- It is an appointment made while
2. Public office is not private property the congress is not in session, before the confirmation of the
3. It is built and founded by the people themselves. Commission on Appointments. It is immediately effective and
4. There can be no vested right in a public office or its salary. ceases to be valid if disapproved or bypassed by the
Commission on Appointment upon the next adjournment of
Requirements for public office congress.
1. Appointment
2. Designation Nature of an ad interim appointment- It is permanent in
3. Commission nature and the circumstance that it is subject to a
confirmation by the Commission on Appointments does not
Appointment- Is the selection, by the authority vested with alter its permanent character.
power, of an individual who is to exercise the functions of a
given office. When completed, usually with its confirmation, Permanent appointment- One issued to a person who has
the appointment results in security of tenure for the person met the requirements of the position to which appointment is
chosen unless he is replaceable at the pleasure because of made, in accordance with the provisions of the Civil Service
the nature of his office. Act and the Rules and Standards promulgated in pursuance
thereof.
Designation- Where the person is merely designated not
appointed, the implication is that he shall hold office only in a Temporary appointment- One who holds temporary
temporary capacity and may be replaced at the will of the appointment has no fixed term of office and employment can
appointing authority. In this sense, the designation is be terminated at the pleasure of the appointing authority,
considered only an acting or temporary appointment, which there being no need to show that the separation is for a
does not confer security of tenure on the person named. cause.
Furthermore, designation merely connotes an imposition of In the absence of appropriate eligible and it becomes
additional duties, usually by law, upon a person already in the necessary in the public interest to fill a vacancy, a temporary
public service by virtue of an earlier appointment. appointment shall be issued to a person who meets all the
requirements for the position to which he is being appointed
It does not entail payment of additional benefits or grant except the appropriate civil service eligibility, provided, that
upon the person so designated the right to claim the salary such temporary appointment shall not exceed 12 months, but
attached to the position. Without an appointment, a the appointee may be replaced sooner if a qualified civil
designation does not entitle the officer to receive the salary service eligible becomes available.
of the position. The legal basis of an employee’s right to claim
the salary attached thereto is a duly issued and approved
appointment to the position and not a mere designation.
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Sec 25 PD No. 807 “Civil Service Decree of the Philippines” Distinction: Appointment, Election
An appointee with a temporary status need not possess the 1. Appointment- The person who is to exercise the function
civil service eligibility required by the position provided he of a given office is made by the executive officer, board, or
meets the following qualifications: body, to whom the power to designate is given.
1. It is necessary in the public interest to fill a vacancy. 2. Election- The choice is made by an enfranchised citizenry
2. There are not appropriate eligibles. by virtue of the right of suffrage.
3. The temporary appointment shall not exceed 12 months.
4. He may be replaced sooner if a qualified civil service The power of appointment cannot be delegated because the
eligible becomes available. power involves the exercise of discretion.
Sec 4 Ra No. 6656- Officers and employees holding Limitations to the presidential power of appointment
permanent appointments shall be given preference for
appointment to the new positions in approved staffing 1. The president shall nominate and, with the consent of the
pattern comparable to their former positions or in case there CA, appoint the heads of the executive departments,
are not enough comparable positions, to the positions next ambassadors, other public ministers and consuls, or officers
lower in rank. Because the preference given to permanent of the armed forces from the rank of colonel to naval captain,
employees assumes that employees working in a department and other officers whose appointments are vested in him in
for longer periods of time gained not only superior skills but this constitution.
also greater dedication to the public service.
He shall also appoint all other officers of the government
Different steps in the process of appointment whose appointments are not otherwise provided by law, and
those whom he may be authorized by law to appoint. The
A. Regular appointments which need confirmation of CA congress may, by law, vest the appointment of other officers
1. Nomination by the president. lower in rank in the president alone, in the courts, or in the
2. Confirmation by the CA. heads of departments, agencies, commissions, or boards.
3. Issuance of the commission.
4. Acceptance by the appointee. 2. The president shall have the power to make appointments
5. In case of ad interim appointments, the nomination, during the recess of congress, whether voluntary or
issuance of the appointment and acceptance by the compulsory, but such appointments shall be effective only
appointee precede the confirmation by the CA. until disapproval by the CA or until the next adjournment of
the congress.
B. Appointments which do not need confirmation by the CA.
1. Appointment by appointing authority. 3. The spouse and relatives by consanguinity or affinity within
2. Issuance of the commission. the fourth civil degree of the president shall not, during his
3. Acceptance by the appointee. tenure be appointed as members of the constitutional
commissions, or to the office of the ombudsman, or, as
C. Appointments to the career service of the civil service. secretaries, undersecretaries, chairman or heads of bureaus,
1. Appointment is not deemed complete until attestation or offices including GOCCs.
approval by the civil service commission without the
favourable certification or approval of the CSC, no title to the 4. 2 months immediately before the next presidential
office can be deemed to be permanently vested in favor of elections and up to the end of his term, a president or acting
the appointee, and the appointment can still be revoked or president shall not make appointments, except temporary
withdrawn by the appointing authority. appointments to executive positions when continued
vacancies therein will prejudice public service or endanger
Written commission- Best evidence of an appointment. public safety.
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Confirmation of the Commission on Appointments is Qualification meaning:
required on the following positions: 1. It may refer to the qualities or endowments required of the
1. Heads of executive departments. public officer in order that he may be considered eligible for
2. Ambassadors, other public ministers and consuls. public office. The person appointed or elected must possess
3. Officers of the AFP from the rank of colonel or naval the prescribed qualifications at the time of his appointment
captain. or election and during the period of the official relationship.
4. Anyone whom he can appoint by authority of law.
2. It may refer to the act of enabling a person to perform the
Confirmation of the CA not required: duties and functions of his office. Failure to perform an act
1. Other officers whose appointments are vested in him in the required by law could affect the officer’s title to the given
constitution. office.
2. All other officers of the government whose appointments
are not provided for in law. Maquira vs Borra- A law which required all candidates to post
a 20,000 bond upon the filing of their certificates of
Commission of Human Rights- Appointment of its chairman candidacy, and which provided its confiscation if they did not
and the commissioners do not need the confirmation of the obtain at least 10% of the total votes cast in the constituency
CA because the position of the CHR is not among the where they are running, was declared unconstitutional, null
positions mentioned in Sec 6. First sentence of Art VII of the and void by the Supreme Court for said law is inconsistent
1987 Constitution. with the nature and essence of the Republican System and
principle of social justice.
Cortez vs CSC- As long as the appointee possesses the
minimum qualifications prescribed by law or regulations, Legislature can only prescribe additional qualifications in the
there is no question that his appointment must be respected ff:
by the CSC even if it be proved that there are others with 1. When the constitution does not prescribe qualification/s.
superior credentials. However, this rule does not cover those 2. When the constitution prescribes only for minimum
cases where it is found by the commission, after examining qualification/s.
the appointment papers, that the appointee does not satisfy
the minimum qualifications for the position in question. In Qualifications are continuing requirements
these cases, the CSC would be well within this right and
responsibility in refusing to approve the appointment. Specific disqualifications under the constitution
Lopez vs CSC- The CSC has no authority to revoke an 1. The Members of the Supreme Court and of other courts
appointment simply because it is believed that another is established by law shall not be designated to any agency
better qualified than the appointee for that would have performing quasi-judicial or administrative functions.
constituted an encroachment of that discretion vested solely
in the appointing authority. 2. The President, Vice-President, the Members of the Cabinet,
and their deputies or assistants shall not, unless otherwise
Engano vs CA- Courts have jurisdiction over void provided in this Constitution, hold any other office or
appointments. Where the law prescribes certain employment during their tenure. They shall not, during said
qualifications for a given office or position, courts may tenure, directly or indirectly, practice any other profession,
determine whether the appointee has the requisite participate in any business, or be financially interested in any
qualifications, absent which, his right thereto may be contract with, or in any franchise, or special privilege granted
declared void. by the Government or any subdivision, agency, or
instrumentality thereof, including government-owned or
Different kinds of vacancies controlled corporations or their subsidiaries. They shall
1. Original- There is an office which is created but no one has strictly avoid conflict of interest in the conduct of their office.
yet been chosen to fill it.
2. Constructive- The incumbent has no legal right to the office The spouse and relatives by consanguinity or affinity within
and he may be replaced. the fourth civil degree of the President shall not during his
3. Accidental- When on account of death, resignation, tenure be appointed as members of the Constitutional
removal, or abandonment, the incumbent is separated from Commissions, or the Office of the Ombudsman, or as
the service. Secretaries, Undersecretaries, chairmen or heads of bureaus
4. Absolute- There is no successor yet to the incumbent or offices, including government-owned or controlled
whose term expired. corporations and their subsidiaries.
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3. No Senator or Member of the House of Representatives precedent, requirement, or condition, as to take an oath, give
may hold any other office or employment in the Government, a bond, or the like.
or any subdivision, agency, or instrumentality thereof,
including government-owned or controlled corporations or 3. When he exercise his duties under a color of a known or
their subsidiaries, during his term without forfeiting his seat. valid appointment or election, or that there is want of power,
Neither shall he be appointed to any office which may have in electing or appointing body, or there is some defect or
been created or the emoluments thereof increased during irregularity in its exercise, and such ineligibility, want of
the term for which he was elected. power or defect is unknown to the public. For said reasons,
the acts of the de facto officer are void.
4. No Member of a Constitutional Commission shall, during
his tenure, hold any other office or employment. Neither shall 4. When there was color of an election or an appointment but
he engage in the practice of any profession or in the active such is based on an unconstitutional law. Here, the person
management or control of any business which in any way be exercising the duties is considered de facto officer before the
affected by the functions of his office, nor shall he be said law is adjudged to be unconstitutional.
financially interested, directly or indirectly, in any contract
with, or in any franchise or privilege granted by the 5. A public official or employee who assumed office under an
Government, any of its subdivisions, agencies, or incomplete appointment is merely a de facto officer for the
instrumentalities, including government-owned or controlled duration of his occupancy of the office.
corporations or their subsidiaries.
6. One who derived his appointment from one having
5. 1) The Civil Service shall be administered by the Civil colourable authority to appoint, if the office is an appointive
Service Commission composed of a Chairman and two office, and whose appointment is valid on its face.
Commissioners who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least 7. One who is in possession of an office and is discharging its
thirty-five years of age, with proven capacity for public duties under color of authority, by which is meant authority
administration, and must not have been candidates for any derived from an appointment, however irregular or informal
elective position in the elections immediately preceding their so that the incumbent is not a mere volunteer.
appointment.
8. One who in possession of an office in the open exercise of
6. (2) The Chairman and the Commissioners shall be its functions, under color of an election or an appointment
appointed by the President with the consent of the even though such election or appointment may be irregular.
Commission on Appointments for a term of seven years
without reappointment. Of those first appointed, the Basis of the doctrine of de facto officers- It is unreasonable
Chairman shall hold office for seven years, a Commissioner to require the public to inquire into the title of an officer, or
for five years, and another Commissioner for three years, compel him to show title because the public do not have time
without reappointment. Appointment to any vacancy shall be and opportunity to investigate the title of the incumbent. As a
only for the unexpired term of the predecessor. In no case matter of policy and necessity, the doctrine serves to protect
shall any Member be appointed or designated in a temporary the public and the individuals whenever their interests are
or acting capacity. involved in the official acts of persons exercising the duties of
an office.
7. The Ombudsman and his Deputies shall serve for a term of
seven years without reappointment. They shall not be Liabilities of a de facto officer
qualified to run for any office in the election immediately 1. He is liable upon his bond.
succeeding their cessation from office. 2. He is liable for his negligence
3. He is liable for his embezzlement
De facto officer 4. He is liable for malfeasance in his assumed officer.
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De facto vs De jure officers Matters that fall within the exclusive jurisdiction of the CSC-
Disciplinary cases and cases involving “personnel actions”
1. De facto affecting employees in the civil service including
a. May be ousted in a direct proceeding against him “appointment through certification, promotion, transfer,
(Quo Warranto Proceeding), no collateral attack is reinstatement, reemployment, detail, reassignment,
allowed. demotion, and separation” and of course, employment status
b. Has the possession and performs the duties under and qualification standards are within the exclusive
color of right, without being legally qualified to act. jurisdiction of the CSC.
2. De jure
a. Cannot be removed Promotion- It is a movement from one position to another
b. Has the lawful right or title without the possession with increase in duties and responsibilities as authorized by
of the office. law and usually accompanied by an increase in pay.
Monroy vs CA- A de facto officer, not having good title take Appointment through certification- It is issued to a person
the salaries at his risk and must therefore, account to the de who has been selected from a list of persons certified by the
jure officer for whatever amount of salary he received during CSC from an appropriate register of eligible, and who meets
the period of his wrongful retention of public office. Said rule, all the qualifications prescribed for the position.
however, does not apply if there is no de jure public officer, in
which case, the de facto officer shall be entitled to the Transfer- It is a movement from one position to another
salaries prescribed by law for the given office during the which is of equivalent rank, level or salary without break in
period when he actually discharged the functions of said service. Transfer may be imposed as an administrative
office. penalty under the current civil service rules.
4. Once appointment has been issued and the moment the Reinstatement- Any person who has been permanently
appointee assumes a position in the civil service under a appointed to a position in the career service and who has,
complete appointment, he acquires a legal right, not merely through no delinquency or misconduct, been separated
equitable right which is protected by the law and the therefrom may be reinstated a position in the same level for
constitution. which he is qualified.
5. Once the discretionary power of appointment has been Detail- It is the movement of an employee from one agency
exercised and the appointee assumed duties and functions of to another in the same agency, provided that such
the position, the said appointment cannot be revoked by the reassignment shall not involve reduction in rank, status, or
appointing authority, on the mere ground that the protestant salary. This is a prerogative of the CSC.
is more qualified than the first appointee.
Automatic Reversion Rule- All appointments involved in a
6. An appointee with a temporary status need not possess chain of promotions must be submitted simultaneously for
the civil service eligibility required by the position. This is approval by the commission. The disapproval of the
subject to the qualifications in Torio vs CSC. appointment of a person proposed to a higher position
invalidates the promotion of those in the lower positions and
7. The next in rank rule is not absolute. automatically restores them to their former positions.
However, the affected persons are entitled to payment of
Espanol vs CSC- There is no legal fiat that a vacancy must be salaries for services actually rendered at a rate fixed in the
filled only by promotion. The appointing authority is given a promotional appointments.
wide discretion to fill a vacancy from among the several
alternatives provided by law.
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Requisites Automatic Reversion Rule Commencement of term of office
1. There must be series of promotions.
2. All promotional appointments are simultaneously 1. When the law fixes the period within a chosen officer may
submitted to the commission for approval. qualify for office- It begins upon qualification.
3. The commission disapproves the appointment of a person
to a higher position. 2. When no time is fixed by law- It begins from the date of
appointment, or from the date of election.
Requirements for appointment through certification
1. The person to be selected or selected is in a list of qualified 3. When a law fixing the term is ambiguous- The law that
persons certified by the CSC from an appropriate register of fixes the term at the shortest period should be followed.
eligible.
2. The person to be selected or selected meets all the 4. When the constitution or the law fixed both the term of
qualifications prescribed for the position. office and the time of its commencement or termination-
The person elected or appointed to fill a vacancy in such
Transfer of an employee from one position to another is a office shall hold the same only for the unexpired portion of
violation of his security of tenure even if it results to a the term.
promotion when it is done without his consent. Because this
amounts to a removal from office. 5. When only the duration of the term is fixed but no time is
established for the beginning or end of the term- The person
When the employee is lawfully removed first from his selected to fill the vacancy may serve the full term and not
position, and thereafter he is appointed to another position merely the unexpired balance of the prior incumbent’s term.
which is of equivalent rank, there is no violation of his
security of tenure. 6. When an office is created or an officer is appointed just to
accomplish a specific purpose or purposes- The office
Gloria vs Judge De Guzman- Reappointment is not terminates and the authority of the public officer ceases
appropriate subject for a writ of mandamus. Because it is when said purpose or purposes is/ are accomplished.
discretionary on the part of the appointing power.
Resignation- Is the act of giving up or the act of an officer by
Detail- It is temporary in nature, hence, it is allowed only for a which he declines his office and renounces the further right
limited period in the case of employees occupying to use it.
professional, technical, and scientific positions.
It implies an expression of the incumbent in some form,
Modes of termination of official relationship express or implied, of the intention to surrender, renounce,
1. Expiration of term or tenure and relinquish the office and its acceptance by competent
2. Resignation authority.
3. Recall
4. Death It need not be in any particular form unless some form is
5. Impeachment prescribed by law.
6. Failure to assume election office
7. Removal Elements of complete resignation from public office
8. Reaching the age limit 1. Intention to relinquish a part of the term.
9. Abandonment 2. An accompanying act of relinquishment.
10. Prescription of the right of office 3. Resignation must be accepted by proper authority.
11. Acceptance of incompatible office
12. Abolition of office Acceptance of resignation of competent authority- It is
13. Conviction of a crime required because an officer who abandons his office to the
14. Filing of a certificate of candidacy detriment of the public before his resignation is accepted is
liable under Art 238 of the Revised Penal Code.
Term- Means the time during which the public officer may
claim to hold office as of right, and fixes the interval after Resignation cannot be withdrawn in the following
which the several incumbents shall succeed one another.
1. An unconditional resignation which takes immediate effect
Tenure- Represents the actual period during which the and has been transmitted to the power authorized to accept
incumbent holds office. The tenure may be shorter than the it cannot be withdrawn even with the consent of the officer
term for reasons beyond the power of the incumbent. with whom it is filed.
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2. An unconditional resignation which will take effect in the 2. Recall of provincial, city, or municipal officials shall be
future cannot be withdrawn if it has been duly accepted by validly initiated through a resolution adopted by a majority of
the proper authority, although the time which it is to take all the members of the preparatory recall assembly
effect has not arrived. concerned during its session called for that purpose.
Before a prospective resignation is accepted, it may be Procedure for initiating recall by registered voters
withdrawn even if unconditional, if the accepting authority
consents and if no new rights have intervened. 1. Upon a petition by at least 25% of the total number of
registered voters in the local government unit concerned
Repudiation of resignation during the election in which the local official sought to be
1. When it has been transmitted without the consent of the recalled was elected.
public officer.
2. When it was procured by fraud or duress. 2. A written petition for recall duly signed before the election
registrar or his representative, and in the presence of a
Resignation is effective- When the public officer receives representative of the petitioner and representative of the
notice of the acceptance of his resignation, not on the date of official sough to be recalled, and in a public place in the
the letter or notice of acceptance. province, city, municipality or barangay as the case may be,
shall be filed with the COMELEC through its office in the local
Officers authorized to accept resignation government unit concerned. The COMELEC or its duly
1. Congress- Resignation of the president and vice president. authorized representative shall cause the publication of the
2. Either Senate of House of Representatives- Members of petition in a public or conspicuous place for a period of not
congress. less than 10 days nor more than 20 days for the purpose of
3. Appointing authority- Appointive public officers. verifying the authenticity and genuineness of the petition and
4. President, governor, sangguiang concerned, city or the required percentage of voters.
municipal mayors (in this order)- Local elective public
officials 3. Upon the lapse of the aforesaid period, the COMELEC or its
duly authorized representative shall announce the
Recall- It is a mode of terminating official relationship prior to acceptance of candidates to the position and thereafter
the expiration of the term of a public officer on account of prepare the list of candidates which shall include the name of
loss of confidence. Initiated either by: the official sought to be recalled.
1. A preparatory recall assembly
2. Or by the registered voters of the local Procedure after the said resolution or petition for recall is
government unit. filed with the COMELEC
Composition of recall assembly: 1. The COMELEC shall set the date for the election on recall
which shall not be later than 30 days after the filing of the
1. Provincial level- All mayors, vice mayors, and Sanggunian same, in case of barangay, city, municipal officials, and 45
Members of the municipalities and component cities. days in case of provincial officials.
2. City level- All Punong Barangay and Sangguniang Barangay 2. The official or officials sought to be recalled shall
members in the city. automatically be considered as duly registered candidate or
candidates to the pertinent positions and like other
3. Legislative District level- Where the Sangguniang candidates, shall be entitled to be voted upon.
Panlalawigan Members are elected by district. All municipal
officials in the district and incases where the Sangguniang 3. It is effective upon the election and proclamation of a
Panglungsod Members are elected by district, all elective successor in the person of the candidate receiving the highest
barangay officials in the district. numbers of votes cast during the election on recall.
Procedure for initiating recall by a preparatory recall 4. If the person sought to be recalled received the highest
assembly number of votes cast is shall continue in office.
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2. No recall shall take place within 1 year from the date of the Grounds for petition for reconsideration
official’s assumption to office or 1 year immediately 1. New evidence has been discovered which materially affects
preceding a regular local election. the decision rendered.
2. The decision is not supported by the evidence on record.
Batangas State University vs Bonifacio- While a temporary 3. Errors of law or irregularities have been committed which
transfer or assignment of personnel is permissible even are prejudicial to the interest of the respondent.
without the employee’s prior consent, it cannot be done
when the transfer is a preliminary step toward his removal or Remedy against CSC resolution- Certiorari Rule 65 within 30
is a scheme to lure him away from his permanent position, or days from the receipt of the copy of the resolution.
designed indirectly to terminate his services or force his
resignation. Such a transfer would in effect circumvent the Commutation or removal or administrative penalties- The
provision which safeguards the tenure of those who are in president may do so subject to such terms and conditions as
the civil service. he may deem proper to impose in the interest of the service.
Cristobal vs Melchor- The effect of a removal without just Compulsory retirement age- Judiciary 70 years, other
cause and failure to comply with the prescribed procedure is government officers and employees- 65 years.
a reversible error and the officer or employee unlawfully
removed shall be entitled to reinstatement with back salaries Extension of service of the government officers and
and without loss of seniority rights. He is considered as not employees- Officers and employees who have reached the
having left his office and he is therefore entitled to all the age of 65 years but has not yet completed 15 years of
rights and privileges that accrue to him. government service, they may be extended at the discretion
of the head of the agency concerned. This discretion has to
Considered as removal even if employee is not removed: be exercised with the Civil Service Commission Memorandum
1. When he is demoted and no cause is shown to justify the Circular no 27.
same.
2. When there is unconsented transfer. Extension of service of the members of the judiciary- Is
3. allowed especially in the case of one who has served with
When the employee is being transferred to lure him away competence, integrity, and dedication to public service.
from his permanent position and it is done without his
consent. Abandonment- It is a cause for terminating public office
indicated by the action of the incumbent in voluntarily
Preventive Suspension- It is a disciplinary measure which is surrendering it to another under a mistaken belief that the
intended to enable the disciplinary authority to investigate latter has been elected as his rightful successor, or even by
charges against the respondent by preventing the latter from the acquiescing on his own removal.
using his position or office to influence the witnesses, to
intimidate them, or to tamper with the records which may be It must be total and under such circumstances as to clearly
vital in the prosecution of the case against him. indicate an absolute relinquishment.
If the investigation is not finished and the decision is not Once abandoned, the former incumbent cannot legally
rendered within a period of 90 days, the suspension will be repossess the office even if by forcible re-occupancy.
lifted and the respondent will be automatically reinstated
with full pay for the period of suspension. There must be clear proof of deliberate and unjustified intent
to sever the employer-employee relationship.
If conviction is affirmed, the period of suspension becomes
part of the first penalty of suspension or dismissal. Abandonment vs Resignation- Abandonment, there is clear
proof of deliberate and unjustified intent to sever the
Preventive Suspension Is not a penalty, but merely a employer=employee relationship, Resignation, is a formal
preventive measure, a preliminary step in an administrative relinquishment.
investigation. The period served should not be considered
part of the actual penalty of suspension. Prescription of the right to office- It is a mode of terminating
official relationship caused by a public officer who has not
Remedy of party adversely affected by the decision- Appeal been the subject of illegal ouster or dismissal. A petitioner for
15 days from the receipt of the decision unless a petition for reinstatement of for recovery of a public office must be
reconsideration is seasonably filed, which petition shall be instituted within one year from the date the petitioner is
decided within 15 days. unlawfully ousted from his office.
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The interest of the public welfare requires that the right or Liability of a public officer for torts- Unauthorized acts of
title to public office should not be left hanging and uncertain. government officials are not acts of the state, hence, a public
officer may be personally liable for damages for such
Effect of holding incompatible office- Acceptance of the unauthorized acts.
second office incompatible with the first one ipso facto
vacates the latter. No proceeding is necessary. Liability of a public officer for contracts- A public officer who
acted without authority or in excess of such authority shall be
Failure to assume elective office- The official shall take his personally liable on contracts he enters into. If he acted
oath of office within 6 months from his proclamation, within the scope of his authority and in his official capacity,
otherwise there is failure to assume public office the office is he is not personally liable on contracts he executed in behalf
considered vacant unless said failure is for a cause or causes of the government unless he expressly and unequivocally
beyond his control. agrees to be bound.
Test of incompatibility- Whenever one is subordinate to the Liability of public officers for acts of subordinates
other in some of its important and principal duties, or is 1. Where there being charged with the duty of employing or
subject to supervision by the other, or where a contrariety retaining his subordinates, he negligently or wilfully employs
and antagonism would result in the attempt by one person to or retains unfit or improper persons.
discharge the duties of both. 2. Where being charged with the duty to see that they are
appointed or qualified in a proper manner, he negligently or
Two offices are incompatible where the incumbent of one has wilfully fails to require of them the due conformity to the
the power to remove the incumbent of the other though the prescribed regulations.
contingency on which the power may be exercised is remote, 3. Where he so carelessly or negligently oversees or carries
and it also exists where the incumbent of one office has the the business of his office as
power of appointments as to the other office.
Filing of certificate of candidacy- Mode of terminating official
In order that the one office may be adjudged incompatible relationship by express provision of sec. 66 BP Blg. 881.
with the other must clearly appear that the two offices
actually exists as distinct positions and that the second is not Preference for appointment to new position- Sec 4 of RA
merely an ex-officio extension of the duties of the incumbent 6656 provides: “Officers and employees holding permanent
of the first. appointments shall be given preference for appointment to
the new positions in approved staffing pattern comparable to
Abolition of office-The abolition must done in good faith and their former positions or in case there are not enough
not for personal or political reasons. comparable positions, to positions next in rank”.
Any office created by congress may be abolished by it at Determination through competitive examination- The
anytime and even while the office is occupied by a duly following are exempted of competitive examinations:
elected or appointed incumbent.
1. Policy- determining position- A position held by one whose
Justification in good faith- This is to be decided based on the duty is to formulate policies and guidelines of the
facts of each case. government.
Preventive suspension- Can be ordered without a hearing 2. Primarily confidential position- A position held by one in
because it is not a penalty. whom personal trust and confidence is reposed by the
appointing power.
2 Kinds of Preventive suspension
1. Preventive suspension pending investigation. 3. Highly technical position- A position held by one
2. Preventive suspension pending appeal of the penalty possessing superior technical training.
imposed is suspension or dismissal and after review the
respondent is exonerated under section 47 of the said code. Hold-over rule- It is a rule which declares in the absence of an
express or implied constitutional or statutory provisions
Conviction of a crime- Conviction by final judgment prohibiting hold-over, an officer is entitled to hold his office
automatically terminates official relationship. This arises until his successor is appointed and qualified. This rule
when the penalty imposed to a public officer carries with it prevents disruption of public service in the meantime that a
the accessory penalty of disqualification. successor is not yet appointed and qualified to assume the
functions of the office.
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PART 4- ELECTION LAWS system is adopted by many countries in Europe and its
distinguishing feature is strict secrecy in balloting.
Election- It is the means by which the people choose their
officials for a definite and fixed period and to whom they Suffrage: A privilege and a right- It is a right because it is the
entrust for the time being, as their representatives, the expression of the sovereign will of the people. It is a privilege
exercise of the powers of government. because its exercise is granted not to everybody but only to
such persons or class of persons are as most likely to exercise
2 Kinds of election it for the purpose of the public good.
1. General election- Is one provided for by law for the
election of officers throughout the state, or certain Theory of suffrage- The right to suffrage is predicated on the
subdivisions thereof, after the expiration of the full term of theory that the people who bear the burden of government
former officers. should share the privilege of choosing the officials of that
2. Special election- Is one provided for by law under special government.
circumstances as when an election is held to fill a vacancy in
office, or when an election is being held because a certain The enfranchised citizen is the trustee of the people
proposal is submitted to the vote of the qualified electors. principle- The people in clothing a citizen with the relative
franchise for the purpose of securing a consistent
Suffrage- Is the right to vote in the election of all officers administration of the government they ordain, charge him
chosen by the people, and in the determination of all with the performance of a duty in the nature of a public trust,
questions submitted to the people. and in that respect constitute him a representative of the
whole people. This duty requires that the privilege thus
Different theories of suffrage bestowed should be exercised not exclusively for the benefit
of the citizen or class of citizens professing it but in good faith
1. Natural Right Theory- It is a natural and inherent right of and with an intelligent zeal for the general benefit and
every citizen by virtue of his membership in the state, welfare of the state. (Abanil vs Justice of the peace of
provided he is not disqualified on account of his own Bacolod), (Lacson vs Posadas)
reprehensible conduct or unfitness.
Safeguarding the integrity of the ballot- A republic then to be
2. Social Expediency Theory- It is a public office or function true to its name requires that the government rests on the
conferred upon those who are fit and capable of discharging consent of the people, consent freely given, intelligently
it. arrived at, honestly recorded, and thereafter counted. Only
thus can they be really looked upon as the ultimate source of
3. Primitive Tribal Theory- It is regarded as a necessary established authority. It is their undeniable right to have
attribute of membership in the state. officials of their unfettered choice. The election law has no
justification except as a means of assuring a free, honest and
4. Feudal Theory- It is regarded as an adjunct of a particular orderly expression of their views. It is of the essence that
status, generally tenurial in character. It is a vested privilege corruption and irregularities should not be permitted to taint
usually accompanying the ownership of land. the electoral process. (Bailles vs Capili)
Election- Is limited to the expression of a choice of the voters Antonio Jr. vs COMELEC- Election returns which were the
in the selection of their officers. products of coercion were also excluded and the power of the
COMELEC to exclude the same was also upheld.
Australian Ballot System- Is the system of ballot in the
Philippines. It was first conceived in 1901 by Francis S . The SC ruled that the power to declare a failure of election
Dutton, a member of the legislature of South Australia. This involved the power to decide election contests which
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belonged not to the COMELEC but to the courts and the COMELEC STAGES
proper electoral tribunals.
I. Before election
Biliwang vs COMELEC- The SC upheld the power of the 1. Registration
COMELEC to annul the entire municipal election on the 2. Challenge
ground of post-election terrorism, not on the basis of its 3. Inclusion/ Exclusion
expanded jurisdiction over election contests, modified the 4. Voter’s qualifications and disqualifications
ruling in Antonio Jr. vs COMELEC is anchored on the ruling on 5. Certificate of candidacy
the broader power of the COMELEC to protect the integrity of 6. Precincts and Polling places
the election so that the will of the electorate is not defeated. 7. Ballot boxes
8. Watchers
Usman vs COMELEC- The COMELEC has also the power to 9. Petition to deny course or to cancel a certificate of
obtain the testimony of handwriting experts to be able to candidacy
determine if the election returns are falsified or not. 10. Political parties
11. Election campaigns, expenditures and propaganda
Sambarani vs COMELEC- The court held that the operational,
logistical, and financial problems which the COMELEC claims II. During election
it will encounter with the holding of a second special election 1. Casting of votes
can be solved with proper planning, coordination and 2. Challenge of illegal voters
cooperation among its personnel and other deputized 3. Records of challenges and oaths
agencies of the government. A special election will require a. Minutes of voting and counting votes
extraordinary efforts, but it is not impossible. b. List of unused ballots
The prohibition on conducting special elections after 30 days III. After election
from the cessation of the cause of the failure of elections is 1. Counting of votes
not absolute. It is directory not mandatory, and the COMELEC 2. Board of election inspectors
possess residual power to conduct special elections even 3. Appreciation of ballots
beyond the deadline prescribed by law. The deadline in sec. 6 4. Election returns
of the Omnibus Election Code cannot defeat the right of 5. Announcement of the results of the election and issuance
suffrage of the people as guaranteed by the constitution. of the certificate of votes received.
6. Canvass and proclamation
Sanchez vs COMELEC- The authority to call a special election 7. Pre-proclamation controversy
was upheld on the ground that failure of election justifies the 8. Election protest against a proclaimed candidate
calling of special election in order to make the COMELEC truly 9. Original and exclusive jurisdiction
effective in the discharge of its functions. Just like in the 10. Appellate jurisdiction
Biliwang case, the justification in this case is anchored again 11. Requisites of election protest
on the broader power to insure free, orderly, and honest 12. Quo warranto requisites
elections so that the will of the electorate is not defeated. 13. Election offenses
14. Appeal
Firvaldo vs COMELEC- In any action involving the possibility of
a reversal of the popular electoral choice, this court must Before elections
exert effort to resolve the issues in a manner that would give
effect to the will of the majority for it is merely sound public 1. A voter must possess the qualifications for suffrage. If he
policy to cause the elective offices to be filled by those who possess all the qualifications and none of the
are the choice of the majority. disqualifications, a qualified voter may vote in any election,
plebiscite or referendum only if he is registered in the list of
Election laws are liberally and equitably construed to give voters for the city or municipality in which he resides.
fullest effect to the manifest will of the people, for in case of
doubt, political laws must be interpreted to give life and spirit 2. Election registration board. There shall be as may ERB as
to the popular mandate freely expressed through the ballot. there as are election officers in each city or municipality.
Otherwise, legal niceties and technicalities cannot stand in
the way of the sovereign will. 3. General registration of votes. The COMELEC shall
undertake a general registration of voters.
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in the office of the election officer during regular office hours. Petition for inclusion- Any person whose application for
No registration shall, however, be conducted during the registration has been disapproved by the board or whose
period starting 120 days before a regular election and 90 days name has been stricken out from the list may file with the
before a special election. court a petition to include his name in the permanent list of
voters in his precinct at any time 105 days prior to a regular
Procedure election or 75 days prior to a special election. It shall be
1. Application for registration may be challenged- The supported by a certificate of disapproval of his application
challenge must be in writing, under oath, and attached to the and proof of service of notice of his petition upon the board.
application, together with the proof of notice of hearing to The petition shall be decided within 15 days after its filing.
the challenger and applicant.
2. Said challenge may be opposed- It must be filed not later Petition for exclusion- Any registered voter, representative of
than the second Monday of the month in which the same is a political party of the election officer may file with the court
scheduled to be heard or processed by the election a sworn petition for the exclusion of a voter from the
registration board. permanent list of voters giving the name, address, and the
3. Said challenge shall be heard- It shall be heard on the third precinct of the challenged voter at any time except 100 days
Monday of the month and the decision shall be rendered prior to a special election. The petition shall be accompanied
before the end of the month. by proof of notice to the board and to the challenged voter
4. Registration records may be deactivated by the election and shall be decided within 10 days from its filing.
registration Board
1. Those who have been sentenced by final Annulment of book of voters grounds
judgment to suffer imprisonment for not less than
one year, and such disability have not been removed 1. When the book of voters is not prepared in accordance
by plenary pardon or amnesty. Upon expiration of 5 with the provisions of RA no. 8189
years after service of sentence as certified by the
clerk of court they may automatically reacquire the 2. When the book of voters was prepared through fraud,
right to vote. bribery, forgery, impersonation, force or any similar
2. Those who have been adjudged by final judgment irregularity.
by a competent court or tribunal of having
committed/ caused any crime involving disloyalty to 3. When the book of voters contains data that are statistically
the duly constituted government such as rebellion, improbable.
sedition, violation of the anti-subversion and
firearms law, or any crime involving national Limitation regarding the annulment of the book of voters-
security, unless restored to his full civil and political An order, ruling, decision annulling a book of voters shall not
rights in accordance with law. They can reacquire the be executed 90 days before the election.
right after 5 years from service of sentence.
3. Those declared by competent authority to be Rules for inclusion, exclusion, and correction of names of
insane or incompetent. They can regain their right voters:
upon declaration of a proper authority that said 1. It shall be filed during office hours.
persons are no longer insane or incompetent. 2. Upon filing of the petition, the members of the board and
4. Those who did not vote in two successive the challenged voter shall be notified of the place, date, time
elections. SK elections are not included. of the hearing of the petition.
5. Those who have lost their Filipino citizenship. 3. The election registration board shall be impleaded as
respondents.
Reactivation of registration- He may file with the election 4. A petition shall refer only to one precinct.
officer a sworn application for registration in the form of an 5. Any voter, candidate, or political party affected by the
affidavit stating that the grounds for deactivation no longer proceedings may intervene and present his evidence.
exist. 6. No costs shall be assessed against any party.
7. If the court finds that the application has been filed solely
Shall be filed not later than 120 days before a regular election to harass the adverse party and cause him to incur expenses,
and 90 days before a special election. it shall order the culpable party to pay the costs and
incidental expenses.
The election officer shall submit application to the election 8. The petition shall be heard and decided within 10 days
registration board for appropriate action. from the date of its filing.
9. The decision shall be based on the evidence presented.
10. The decision shall not be rendered upon a stipulation of
facts.
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11. If the question is whether or not a voter is real or to participate in the party-list system, either as a national,
fictitious, his non-appearance on the day of the hearing shall regional, sectoral party or organization or a coalition of such
be prima facie evidence that the challenged voter is fictitious. parties or organizations.
12. If the decision of the MTC or RTC is appealed, the same
shall be filed in the RTC which shall decide it within 10 days The following cannot be registered as political parties
from receipt of appeal. 1. Religious denominations or sects.
13. The petition shall be decided by the court not later than 2. Those who seek to achieve their goals through violence or
15 days before the election and the decision shall become unlawful means.
final and executory. 3. Those who refuse to uphold and adhere to the
constitution.
Jurisdiction in inclusion and exclusion proceedings 4. Those supported by foreign governments.
1. The Municipal Trial Court and Metropolitan Trial Courts
shall have the original and exclusive jurisdiction in their Grounds for cancellation of registration of parties:
respective cities and municipalities. 1. It is a religious sect, denomination, or association organized
2. The decisions of said courts may be appealed. for religious purposes.
2. It advocates violence or unlawful means to seek its goal.
Party- Means either a political party or a sectoral party or a 3. It is a foreign party or organization.
coalition of parties. 4. It is receiving support from any foreign government,
foreign political party, foundation, organization, whether
Political Party- Refers to an organized group of citizens directly or through any of its officers or members, or
advocating an ideology or platform, principles, and policies indirectly through third parties or partisan election purposes.
for the general conduct of government and which, as the 5. It violates or fails to comply with laws, rules, or regulations
most immediate means of securing their adoption, regularly relating to elections.
nominates some of its leaders and members as candidates for 6. It declares untruthful statements in its petition
public office. 7. It has ceased to exist for at least one year.
8. It fails to participate in the last two preceding elections, or
When a national party- It is a national party when its fails to obtain at least 2% of the votes cast under the party-
constituency is spread over the geographical territory of at list system in the two preceding elections for the constituency
least a majority of the regions. in which it was registered.
When a regional party- It is a regional party when its Candidate- Under the Omnibus Election Code, the term
constituency is spread over the geographical territory of at candidate refers to any person aspiring or seeking an elective
least a majority of the cities and provinces comprising the public office, who has filed a certificate of candidacy by
region. himself or through an accredited political party, aggroupment
or coalition of parties.
Sectoral party- A sectoral party refers to an organized group
of citizens belonging to any of the following sectors: labor, Qualifications for elective local officials
peasant, fisherfolk, urban poor, indigenous cultural 1. Must be a citizen of the Philippines.
communities, elderly, handicapped, women, youth, veterans, 2. A registered voter in the barangay, municipality, city, or
overseas workers and professionals, whose principal province, or in the case of a members of the Sangguniang
advocacy pertains to the special interest and concerns of Panlalawigan, Panlungsod, or Bayan, in the district where he
their sector. intends to be elected.
3. A resident therein for at least 1 year immediately
Sectoral organization- A sectoral organization refers to a preceding the day of the election.
group of citizens or a coalition of groups of citizens who share 4. Able to read and write Filipino or any other local language.
similar physical attributes or characteristics, employment, 5. A resident of the Philippines for not less than 2 years
interest or concens. immediately preceding the day of the election.
6. Age requirements
Coalition- A coalition refers to an aggrupation of duly 1. Governor, Vice-Governor, Member of
registered national, regional, sectoral parties or organizations Sangguniang Panlalawigan, Mayor, Vice Mayor,
for political and or election purposes. Member of Sangguniang Panlungsod of highly
urbanozed cities- At least 23 years old on election
Procedure for participation in the party-list system day.
2. Mayor or Vice Mayor of independent component
1. A group that likes to participate in the party-list system cities or municipalities- A least 21 years old on
must file a verified petition in the COMELEC stating its desire election day.
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3. Member of Sangguniang Panlungsod or Bayan- At 6. Permanent residents in a foreign country or those who
least 18 years of age on election day. have acquired the right to reside abroad and continue to avail
4. Punong barangay or member of Sangguniang of the same right after the effectivity of the Local
Barangay- At least 18 years on election day. Government Code.
4. Sangguniang Kabataan- 15-21 years on election 7. Those who are insane and feeble minded.
day.
Dela Torre vs COMELEC- Probation does not erase
Disqualifications of candidates (Section 68) disqualification resulting from conviction of a crime involving
moral turpitude.
Any candidate who, in an action or protest in which he is a
party is declared by a final decision of a competent court Grego vs COMELEC- Effect if an elective local official was
guilty of, or found by the commission of having: removed from office on account of an administrative case
prior to the date when the LGC became effective, he is not
1. Given money or other material consideration to influence, disqualified from running for an elective local public office
induce, or corrupt the voters or public officials performing because sec. 40 of the LGC cannot be given retroactive effect.
electoral functions.
2. Committed acts of terrorism to enhance his candidacy. Lanot vs COMELEC- The electoral aspect of a disqualification
3. Spent in his election campaign an amount in excess of what case is not rendered inutile by the death of the petitioner
is allowed in this code. provided there is a proper substitution or intervention of
4. Solicited, received, or made any contribution prohibited parties while there is a pending case.
under secs 89, 95,96, 97, and 104.
5. Violated any of Secs 80,83, 85, 86, and 261 paragraphs Withdrawal of certificate of candidacy- By submitting of a
d,e,k,v,and cc sub paragraph 6 shall be disqualified from written declaration under oath that the candidate is
continuing as a candidate or if he has been elected, from withdrawing the same.
holding office. Any person who is a permanent resident of or
an immigrant to a foreign country shall not be qualified to run Rationale for prohibition of nuisance candidates- The state
for any elective office under this code, unless said person has has a compelling interest to ensure that its electoral exercises
waived his status as permanent resident or immigrant of a are rational, objective, and orderly. Towards this end, the
foreign country in accordance with the residence state takes into account the practical considerations in
requirement provided for in the election laws. concluding elections. Inevitably, the greater the number of
candidates, the greater the opportunities for logistical
Section 80- Election campaign or partisan political activity confusion, not to mention the increased allocation of time
outside campaign period. and resources in preparation for the election. These practical
difficulties should, of course, never exempt the state from the
Section 83- Removal, destruction, or defacement of lawful conduct of a mandated electoral exercise.
election propaganda.
Comment in COMELEC Resolution no. 6558- There is a need
Section 85- Prohibited forms of election propaganda. to limit the number of candidates especially in the case of
candidates for national positions because the election
Section 86- Regulation of election propaganda through mass process becomes a mockery if even those who cannot clearly
media. wage a national campaign are allowed to run.
Section 261- Prohibited acts which are considered as election Effect of 2 certificates of candidacy- He becomes ineligible
offenses. for either positions.
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or a new precinct established within 45 days before a regular of or criticisms against probable candidates proposed to be
election and 30 days before a special election or referendum nominated in a forthcoming political party convention.
or plebiscite.
Prohibited acts
Each election precinct contains more than 300 voters and
shall comprise as far as practicable, contiguous and compact 1. It shall be unlawful for any person, whether or not a voter
territory. or candidate, or for any party, or association of persons, to
engage in an election campaign or partisan political activity
The COMELEC may divide a precinct in the interest of an except during the campaign period: Provided, That political
orderly election. parties may hold political conventions or meetings to
nominate their official candidates within thirty days before
Ballot boxes- Ballot boxes shall be solidly constructed and the commencement of the campaign period and forty-five
shall be closed with 3 different locks as well as 3 numbered days for Presidential and Vice-Presidential election.
security locks and such other safety devices as the COMELEC
may prescribe in such a way that they cannot be opened 2. Intervention of foreigners. - It shall be unlawful for any
except by means of 3 distinct keys and by destroying such foreigner, whether judicial or natural person, to aid any
safety devices. candidate or political party, directly or indirectly, or take part
in or influence in any manner any election, or to contribute or
Watchers make any expenditure in connection with any election
1. Each candidate and political party or coalition of political campaign or partisan political activity.
parties duly registered with the COMELEC and fielding
candidates including those in the party-list system may 3. It shall be unlawful for any person during the campaign
appoint watchers to serve alternatively in every polling place. period to remove, destroy, obliterate, or in any manner
2. Qualifications of watchers deface or tamper with, or prevent the distribution of lawful
1. Qualified voter of the city, municipality election propaganda.
2. Of good reputation
3. Never been convicted of any crime 4. It shall be unlawful
4. Knows how to read and write English, Filipino, or
any of the prevailing local dialects. (a) To print, publish, post or distribute any poster, pamphlet,
5. Not related within the 4th degree of consanguinity circular, handbill, or printed matter urging voters to vote for
or affinity to any member of the BEI in the polling or against any candidate unless they bear the names and
place where he seeks appointment as watcher. addresses of the printer and payor as required in Section 84
hereof;
Petition to deny due course to or cancel a certificate of
candidacy (b) To erect, put up, make use of, attach, float or display any
1. It may be filed by any person exclusively on the ground that billboard, tinplate-poster, balloons and the like, of whatever
any material representation contained in the certificate of size, shape, form or kind, advertising for or against any
candidacy is false. candidate or political party;
2. It may be filed at any time not later than 25 days from the
time of the filing of the certificate and shall be decided after (c) To purchase, manufacture, request, distribute or accept
due notice and hearing not later than 15 days before the electoral propaganda gadgets, such as pens, lighters, fans of
election. whatever nature, flashlights, athletic goods or materials,
wallets, shirts, hats, bandanas, matches, cigarettes and the
Election campaign or partisan political activity- Refers to an like, except that campaign supporters accompanying a
act designed to promote the election or defeat of a particular candidate shall be allowed to wear hats and/or shirts or T-
candidate or candidates to a public office. It includes forming shirts advertising a candidate;
organizations of group of persons, holding political caucuses,
meetings, rallies, or other similar assemblies, making (d) To show or display publicly any advertisement or
speeches or commentaries and publishing or distributing propaganda for or against any candidate by means of
campaign literature materials for the purpose of soliciting cinematography, audio-visual units or other screen
votes and/ or undertaking any campaign or propaganda to projections except telecasts which may be allowed as
support or oppose the election of any candidate. hereinafter provided; and
It does not include public expression of opinions or discussion (e) For any radio broadcasting or television station to sell or
of probable issues in a forthcoming election or on attributes give free of charge air time for campaign and other political
purposes except as authorized in this Code under the rules
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and regulations promulgated by the Commission pursuant candidate or political party by any such public or private
thereto. financial institutions legally in the business of lending money,
and that the loan is made in accordance with laws and
Any prohibited election propaganda gadget or advertisement regulations and in the ordinary course of business;
shall be stopped, confiscated or torn down by the
representative of the Commission upon specific authority of 2. Natural and juridical persons operating a public utility or in
the Commission. possession of or exploiting any natural resources of the
nation;
Lawful election propaganda. - Lawful election propaganda
shall include: 3. Natural and juridical persons who hold contracts or sub-
contracts to supply the government or any of its divisions,
1. Pamphlets, leaflets, cards, decals, stickers or other written subdivisions or instrumentalities, with goods or services or to
or printed materials of a size not more than eight and one- perform construction or other works;
half inches in width and fourteen inches in length;
4. Natural and juridical persons who have been granted
2. Handwritten or printed letters urging voters to vote for or franchises, incentives, exemptions, allocations or similar
against any particular candidate; privileges or concessions by the government or any of its
divisions, subdivisions or instrumentalities, including
3. Cloth, paper or cardboard posters, whether framed or government-owned or controlled corporations;
posted, with an area exceeding two feet by three feet, except
that, at the site and on the occasion of a public meeting or 5. Natural and juridical persons who, within one year prior to
rally, or in announcing the holding of said meeting or rally, the date of the election, have been granted loans or other
streamers not exceeding three feet by eight feet in size, shall accommodations in excess of P100,000 by the government or
be allowed: Provided, That said streamers may not be any of its divisions, subdivisions or instrumentalities including
displayed except one week before the date of the meeting or government-owned or controlled corporations;
rally and that it shall be removed within seventy-two hours
after said meeting or rally; or 6. Educational institutions which have received grants of
public funds amounting to no less than P100,000.00;
4. All other forms of election propaganda not prohibited by
this Code as the Commission may authorize after due notice 7. Officials or employees in the Civil Service, or members of
to all interested parties and hearing where all the interested the Armed Forces of the Philippines; and
parties were given an equal opportunity to be heard:
Provided, That the Commission's authorization shall be 8. Foreigners and foreign corporations.
published in two newspapers of general circulation
throughout the nation for at least twice within one week It shall be unlawful for any person to solicit or receive any
after the authorization has been granted. contribution from any of the persons or entities enumerated
herein.
Contribution- The term includes a gift, donation,
subscription, loan, advance, or deposit of money or anything Expenditures
of value, or a contract, promise or agreement to contribute,
whether or not legally enforceable, made for the purpose of 1. Candidates- 10 pesos for president and vice president, 3
influencing the results of the elections but shall not include pesos for every vote currently registered in the constituency
services rendered without compensation by individuals where he filed his certificate of candidacy. Provided, that a
volunteering a portion or all of their time in behalf of a candidate without any political party and without support
candidate or political party. It shall also include the use of from any political party may be allowed to spend 5 pesos for
facilities voluntarily donated by other persons, the money every such voter.
value of which can be assessed based on the rates prevailing
in the area. 2. Political Parties- 5 pesos for every voter currently
registered in the constituency or constituencies where it has
Prohibited Contributions Section 95: official candidates.
No contribution for purposes of partisan political activity shall Statement of contributions and expenses
be made directly or indirectly by any of the following:
1. Every candidate and treasurer of the political party shall,
1. Public or private financial institutions: Provided, however, within 30 days after the day of the election, file in duplicate
That nothing herein shall prevent the making of any loan to a with the offices of the COMELEC, the full and itemized
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statement of all contributions and expenditures in connection and the number of pads, the serial numbers and the types of
with the election. forms of the ballots in each pad appearing on the cover, and
the book of voters duly sealed. The BEI shall then break the
2. No person elected to any public office shall enter upon the seals of the package of official ballots and the book of voters.
duties of his office until he has filed the statement of The BEI shall then enter the minutes the fact that the package
contributions and expenditures herein required. The same of the ballots, and the book of voters were shown to the
prohibition shall apply if the political party that nominated public with their wrapping and corresponding seals intact and
the winning candidate fails to file the statement required /or if they find that the wrapping and seals are broken, such
therein. fact must be stated in the minutes as well as the number of
pads and serial numbers of ballots that they find in the
3. Except candidates for elective barangay office, failure to package. Ballots with separately printed serial numbers shall
file the statements or reports in connection with electoral be deemed spurious and shall not be utilized by the board of
contributions and expenditures shall constitute an election inspectors unless the COMELEC representative shall
administrative offense for which the offenders shall be liable order their issue in writing stating the reasons therefor.
to pay an administrative fine ranging from 1000 to 30,000
pesos in the discretion of the COMELEC. The fine shall be paid 4. The chairman and the 2 party members of the BEI shall
within 30 days from receipt of notice of such failure. retain in their possession their respective keys to the
Otherwise, it shall be enforceable by a writ of execution padlocks during the voting.
issued by the commission against the properties of the
offender. For the commission of a second or subsequent 5. The box shall remain locked until the voting is finished and
offense the administrative fine shall range from 2,000 to the counting begins. However, if it should become necessary
60,000 in the discretion of the commission. In addition, the to make room for more ballots the BEI may open the box in
offender shall be subject to perpetual disqualification to hold the presence of the whole board and watchers, and the
public office. chairman shall press down his hands the ballots contained
therein without removing any of them, after which the board
During election of election inspectors shall close the box and lock it with 3
padlocks as herein before provided.
Casting of votes- 7 am to 3 pm, except when there are voters
present within 30 meters in front of the polling place who No person shall be allowed in and around the polling place
have not yet cast their votes, in which case the voting shal during the voting. Except:
continue but only to allow said voters to cast their votes 1. BEI
without interruption. 2. Watchers
3. Representatives of the COMELEC
The poll clerk shall, without delay, prepare a complete list 4. Voters casting their votes
containing the names of said voters consecutively numbered 5. Voters waiting for their turn to get inside the booths whose
and the voters so listed shall be called to vote by announcing number shall not exceed twice the number of booths and the
each name repeatedly three times in the order in which they voters waiting for their turn whose number shall not exceed
are listed. Any voter in the list who is not present when his 20 at any one time.
name is called shall not be permitted to vote.
Police shall not be allowed to enter of stay inside the polling
BEI before the voting shall: place except when there is an actual disturbance of the peace
1. It shall meet at the polling place at 6:30 am of election day and order therein.
and shall have the book of voters containing all the approved
applications of registration of voters pertaining to the polling Illiterate and physically unable person may be assisted in the
place, the certified list of voters, the certified lise of preparation of his ballot.- Relative by consanguinity or affinity
candidates, the ballot box, the official ballots, sufficient within the 4th civil degree or if he has none, by any person of
indelible pencils or ballpens for the use of the voters, the his confidence who belongs to the same household or any
forms to be used, and all other materials which may be member of the BEI except 2 party members.
necessary.
2. Immediately thereafter, the chairman of the BEI shall open No voter shall be allowed to vote as illiterate or physically
the ballot box, empty both of its compartments, exhibit them disabled unless it is so indicated in his registration record.
to all those present and being empty, lock its interior covers
with 3 padlocks. In no case shall the assistor assist more than 3 times except
3. The chairman shall forthwith show to the public and the non-party members of the BEI.
watchers present the package of official ballots received
from the city or municipal treasurer duly wrapped and sealed
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Accidental spoilage or defacement of a ballot in such a way 15. The time the election returns were signed and sealed in
that it cannot be lawfully used- The voter shall surrender to their respective special envelopes.
the chairman who shall note in the corresponding space in 16. The number and nature of protests made by watchers.
the voting record that said ballot is spoiled. The voter shall 17. Such other matters that the commission may require.
then be entitled to another ballot which the chairman shall
give him after announcing the serial number of the 2nd ballot After elections
and recording said serial number in the corresponding spaces
in the voting record. Counting of votes
No voter shall change his ballot more than twice. 1. As soon as the voting is finished, the BEI shall publicly
count in the polling place the votes cast and ascertain the
Challenge of voters grounds: results.
1. Offering to vote but not registered.
2. Using the name of another. 2. The BEI shall not adjourn or postpone or delay the count
3. Suffering from an existing disqualification. until it has been fully completed, unless otherwise ordered by
4. That the challenged person has received or expects to the commission.
receive, has paid, offered or promised to pay, has
contributed, offered or promised to contribute money or 3. The commission, in the interest of free, orderly, and honest
anything of value as consideration for his vote or for the vote elections, may order the BEI to count the votes and to
of another. accomplish the election returns and other forms prescribed
5. He has made or received a promise to influence the giving under the code in any other place within a public building in
or withholding of any such vote. the same municipality or city, provided, that the said public
6. He has made a bet or is interested directly or indirectly in a building shall not be located within the perimeter of or inside
bet which depends upon the results of the election. a military or police camp or reservation nor inside a prison
compound.
The challenged person shall take a prescribed oath
before the BEI that he has not committed any of the 4. If on account of imminent danger of violence, terrorism,
acts alleged in the challenge. disorder, or similar causes it becomes necessary to transfer
Upon the taking of such oath, the challenge shall be the counting of votes to a safer place, the BEI may effect such
dismissed and the challenged voter shall be allowed transfer by unanimous approval by the BEI and concurrence
to vote, but in case of his refusal to take oath, the by the majority of the watchers present.
challenge shall be sustained and he shall not be
allowed to vote. 5. Before proceeding ton count the votes, the BEI shall count
the ballots in the compartment for valid ballots without
What are contained in the minutes of voting in the counting unfolding them or exposing their contents, except so far as to
of votes? ascertain that each ballot is single, and compare the number
1. The time the voting commenced and ended. of ballots in the box with the number of voters who have
2. The serial numbers of the official ballots and election voted. If there are excess ballots, they shall return in the box
returns, special envelopes and seals received. and thoroughly mixed therein, and the poll clerk, without
3. The number of official ballots used and the number seeing the ballots and with his back to the box, shall publicly
unused. draw out as many ballots as may be equal to the excess and
4. The number of voters who cast their votes. without unfolding them, place them in an envelope which
5. The number of voters challenged during the voting. shall be marked excess ballots and which shall be sealed and
6. The names of watchers present. signed by the members of the BEI. The envelope shall be
7. The time the counting of votes commenced and ended. placed in the compartment for valid ballots, but its contents
8. The number of official ballots found inside the shall not be read in the counting of votes. If in the course of
compartment for valid ballots. the examination of ballots are found folded together before
9. The number of official ballots, if any, retrieved from the they were deposited in the box they shall be placed in the
compartment for spoiled ballots. envelope for excess ballots. In case ballots with their
10. The number of ballots, if any, found folded together. detachable coupons be found in the box, such coupons shall
11. The number of spoiled ballots withdrawn from the be removed and deposited in the compartment for spoiled
compartment for valid ballots. ballots, and the ballots shall be included in the file of valid
12. The number of excess ballots. ballots. If ballots with the word spoiled be found in the box,
13. The number of marked ballots. such ballots shall likewise be placed in the compartment for
14. The number of ballots read and counted. spoiled ballots.
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Manner of counting votes (Sec.210)
Powers of the BEI
The counting of votes shall be made in the following manner: 1. To conduct the voting and counting of votes in the polling
1. The board of election inspectors shall unfold the ballots place.
and form separate piles of one hundred ballots each, which 2. To act as deputies of the COMELEC in supervision and
shall be held together with rubber bands, with cardboard of control of the polling place.
the size of the ballots to serve as folders. 3. To maintain order within the polling place and its premises
to keep access thereto open and unobstructed and to enforce
2. The chairman of the board of election inspectors shall take obedience to its lawful orders
the ballots of the first pile one by one and read the names of 4. To perform such other functions as prescribed by the code
candidates voted for and the offices for which they were or by the rules of the COMELEC.
voted in the order in which they appear thereon, assuming
such a position as to enable all of the watchers to read such
names. Composition of the BEI
1. Chairman
3. The chairman shall sign and affix his right hand thumbmark 2. Member
at the back of the ballot immediately after it is counted. 3. Poll clerk
4. The poll clerk, and the third member, respectively, shall must be public school teachers
record on the election returns and the tally board or sheet
each vote as the names voted for each office are read. Qualifications of members of the BEI
1. Good moral character and irreproachable reputation.
5. Each vote shall be recorded by a vertical line, except every 2. Registered voter of the city or municipality.
fifth vote which shall be recorded by a diagonal line crossing 3. Never been convicted of any election offense or any other
the previous four vertical lines. crime punishable by more than 6 months imprisonment.
4. Able to speak and write English or the local dialect.
6. One party member shall see to it that the chairman reads
the vote as written on the ballot, and the other shall check Disqualifications of members of the BEI
the recording of the votes on the tally board or sheet and the 1. Must not be related within the 4th civil degree by
election returns seeing to it that the same are correctly consanguinity or affinity to any member of the BEI or to any
accomplished. candidate to be voted in the polling place.
2. Must not engage in any partisan political activity.
7. After finishing the first pile of ballots, the board of election
inspectors shall determine the total number of votes Proceedings of the BEI- Shall be public and held only in the
recorded for each candidate, the sum being noted on the tally polling place although the counting of votes and preparation
board or sheet and on the election returns. of the return may be done in the nearest safe barangay or
school building within the municipality by unanimous votes of
8. In case of discrepancy such recount as may be necessary the board and concurred in by a majority of the watchers
shall be made. The ballots shall then be grouped together present, if there is imminent danger of violence, terrorism,
again as before the reading. Thereafter, the same procedure disorder, or similar causes.
shall be followed with the second pile of ballots and so on
successively. The BEI shall act through its chairman and shall decide witout
delay by majority vote all questions which may arise in the
9. After all the ballots have been read, the board of election performance of its duties.
inspectors shall sum up the totals recorded for each
candidate, and the aggregate sum shall be recorded both on Different Kinds of Ballots:
the tally board or sheet and on the election returns. 1. Official Ballots for national and local elections, regular or
special, plebiscites and referendum. The same shall be of
10 It shall then place the counted ballots in an envelope uniform size and shall be prescribed by the commission.
provided for the purpose, which shall be closed signed and 2. A different form of official ballot on the same watermarked
deposited in the compartment for valid ballots. security paper to facilitate voting by illiterate voter.
3. Official ballot for cities and municipalities where Arabic is
11. The tally board or sheet as accomplished and certified by of general use.
the board of election inspectors shall not be changed or 4. Official sample ballots.
destroyed but shall be kept in the compartment for valid
ballots.
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No ballots other than the official ballots shall be used or the candidate with such surname. If there are two or more
counted candidates with the same full name, first name or surname
and one of them is the incumbent, and on the ballot is
Exceptions: written only such full name, first name or surname, the vote
1. When there is failure to receive the official ballots on time. shall be counted in favor of the incumbent.
2. Where there are no sufficient ballots for all registered
voters. 3. In case the candidate is a woman who uses her maiden or
3. Where they are destroyed at such time as shall render it married surname or both and there is another candidate with
impossible to provide other official ballots. the same surname, a ballot bearing only such surname shall
be counted in favor of the candidate who is an incumbent.
In these cases, the municipal treasurer shall provide
other ballots which shall be similar to the official 4. When two or more words are written on the same line on
ones as circumstances will permit and which shall be the ballot, all of which are the surnames of two or more
uniform within each polling place. candidates, the same shall not be counted for any of them,
The treasurer shall immediately report such action to unless one is a surname of an incumbent who has served for
the commission. at least one year in which case it shall be counted in favor of
The municipal treasurer shall not undertake the the latter.
preparation of the emergency ballots unless the
political parties, candidates, and the organizations When two or more words are written on different lines on
collectively authorized by the COMELEC to designate the ballot all of which are the surnames of two or more
watchers have been sufficiently notified to send candidates bearing the same surname for an office for which
their representatives and have agreed in writing to the law authorizes the election of more than one and there
the preparation and use of emergency ballots. are the same number of such surnames written as there are
Every ballot shall be presumed to be valid, unless candidates with that surname, the vote shall be counted in
there is a clear and good reasons to justify its favor of all the candidates bearing the surname.
rejection.
In the appreciation of ballots, the object should be to 5. When on the ballot is written a single word which is the
ascertain and carry into effect the intention of the first name of a candidate and which is at the same time the
voter, if it could be determined with reasonable surname of his opponent, the vote shall be counted in favor
certainty. of the latter.
Outmost liberality must be observed in reading the
ballot in order not to defeat the intention of the 6. When two words are written on the ballot, one of which is
voters. the first name of the candidate and the other is the surname
Technical rules should not be permitted to defeat of his opponent, the vote shall not be counted for either.
the intention of the voter, if that intention is
discernible from the ballot itself and from the 7. A name or surname incorrectly written which, when read,
evidence aliunde. has a sound similar to the name or surname of a candidate
Extreme caution should be observed before a ballot when correctly written shall be counted in his favor;
is invalidated and doubts are to be resolved in favour
of their validity. 8. When a name of a candidate appears in a space of the
ballot for an office for which he is a candidate and in another
Section 211. Rules for the appreciation of ballots. - In the space for which he is not a candidate, it shall be counted in
reading and appreciation of ballots, every ballot shall be his favor for the office for which he is a candidate and the
presumed to be valid unless there is clear and good reason to vote for the office for which he is not a candidate shall be
justify its rejection. The board of election inspectors shall considered as stray, except when it is used as a means to
observe the following rules, bearing in mind that the object of identify the voter, in which case, the whole ballot shall be
the election is to obtain the expression of the voter's will: void.
1. Where only the first name of a candidate or only his If the word or words written on the appropriate blank on the
surname is written, the vote for such candidate is valid, if ballot is the identical name or surname or full name, as the
there is no other candidate with the same first name or case may be, of two or more candidates for the same office
surname for the same office. none of whom is an incumbent, the vote shall be counted in
favor of that candidate to whose ticket belong all the other
2. Where only the first name of a candidate is written on the candidates voted for in the same ballot for the same
ballot, which when read, has a sound similar to the surname constituency.
of another candidate, the vote shall be counted in favor of
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9. When in a space in the ballot there appears a name of a 19. Any vote in favor of a person who has not filed a
candidate that is erased and another clearly written, the vote certificate of candidacy or in favor of a candidate for an office
is valid for the latter. for which he did not present himself shall be considered as a
stray vote but it shall not invalidate the whole ballot.
10. The erroneous initial of the first name which accompanies
the correct surname of a candidate, the erroneous initial of 20. Ballots containing the name of a candidate printed and
the surname accompanying the correct first name of a pasted on a blank space of the ballot or affixed thereto
candidate, or the erroneous middle initial of the candidate through any mechanical process are totally null and void.
shall not annul the vote in favor of the latter.
21. Circles, crosses or lines put on the spaces on which the
11. The fact that there exists another person who is not a voter has not voted shall be considered as signs to indicate
candidate with the first name or surname of a candidate shall his desistance from voting and shall not invalidate the ballot.
not prevent the adjudication of the vote of the latter.
22. Unless it should clearly appear that they have been
12. Ballots which contain prefixes such as "Sr.", "Mr.", "Datu", deliberately put by the voter to serve as identification marks,
"Don", "Ginoo", "Hon.", "Gob." or suffixes like "Hijo", "Jr.", commas, dots, lines, or hyphens between the first name and
"Segundo", are valid. surname of a candidate, or in other parts of the ballot, traces
of the letter "T", "J", and other similar ones, the first letters or
13. The use of the nicknames and appellations of affection syllables of names which the voter does not continue, the use
and friendship, if accompanied by the first name or surname of two or more kinds of writing and unintentional or
of the candidate, does not annul such vote, except when they accidental flourishes, strokes, or strains, shall not invalidate
were used as a means to identify the voter, in which case the the ballot.
whole ballot is invalid: Provided, That if the nickname used is
unaccompanied by the name or surname of a candidate and 23. Any ballot which clearly appears to have been filled by
it is the one by which he is generally or popularly known in two distinct persons before it was deposited in the ballot box
the locality, the name shall be counted in favor of said during the voting is totally null and void.
candidate, if there is no other candidate for the same office
with the same nickname. 24. Any vote cast in favor of a candidate who has been
disqualified by final judgment shall be considered as stray and
14. Any vote containing initials only or which is illegible or shall not be counted but it shall not invalidate the ballot.
which does not sufficiently identify the candidate for whom it
is intended shall be considered as a stray vote but shall not 25. Ballots wholly written in Arabic in localities where it is of
invalidate the whole ballot. general use are valid. To read them, the board of election
inspectors may employ an interpreter who shall take an oath
15. If on the ballot is correctly written the first name of a that he shall read the votes correctly.
candidate but with a different surname, or the surname of
the candidate is correctly written but with different first 26. The accidental tearing or perforation of a ballot does not
name, the vote shall not be counted in favor of any candidate annul it.
having such first name and/or surname but the ballot shall be
considered valid for other candidates. 27. Failure to remove the detachable coupon from a ballot
does not annul such ballot.
16. Any ballot written with crayon, lead pencil, or in ink,
wholly or in part, shall be valid. 28. A vote for the President shall also be a vote for the Vice-
President running under the same ticket of a political party,
17. Where there are two or more candidates voted for in an unless the voter votes for a Vice-President who does not
office for which the law authorizes the election of only one, belong to such party.
the vote shall not be counted in favor of any of them, but this If after assuming office, the winning candidate is declared
shall not affect the validity of the other votes therein. disqualified to hold public office, who shall succeed to the
position of the disqualified candidate- A permanent vacancy
18. If the candidates voted for exceed the number of those to occurs and the law on succession under the LGC shall apply.
be elected, the ballot is valid, but the votes shall be counted
only in favor of the candidates whose names were firstly General Rule: The COMELEC cannot proclaim a winner a
written by the voter within the spaces provided for said office candidate who obtained the second highest number of
in the ballot until the authorized number is covered. votes, should the winning candidate be declared ineligible
or disqualified.
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Exceptions: The 2 requisites must concur (Sinsuat vs to the particular polling place concerned shall not be
COMELEC) canvassed.
1. The one who obtained the highest number of votes is
disqualified. 8. This is to be determined by the board of canvassers prior to
2. The electorate is fully aware in fact and in law of a its canvassing on the basis of the certification of the
candidate’s disqualification so as to bring such awareness provincial, city or municipal treasurer as to the serial number
within the realm of notoriety but would nonetheless cast of the election return assigned to the said voting precinct,
their votes in favour of the ineligible candidate. unless the Commission shall order in writing for its
canvassing, stating the reason for the variance in serial
Section 212. Election returns. - The board of election numbers.
inspectors shall prepare the election returns simultaneously
with the counting of the votes in the polling place as 9. If the signatures and/or thumbmarks of the members of
prescribed in Section 210 hereof. the board of election inspectors or some of them as required
in this provision are missing in the election returns, the board
1. The return shall be prepared in sextuplicate. The recording of canvassers may summon the members of the board of
of votes shall be made as prescribed in said section. election inspectors concerned to complete the returns.
2. The entry of votes in words and figures for each candidate Section 213. Proclamation of the result of the election in the
shall be closed with the signature and the clear imprint of the polling place. - Upon the completion of the election returns,
thumbmark of the right hand of all the members, likewise to the chairman of the board of election inspectors shall orally
be affixed in full view of the public, immediately after the last and publicly announce the total number of votes received in
vote recorded or immediately after the name of the the election in the polling place by each and every one of the
candidate who did not receive any vote. candidates, stating their corresponding office.
3. The returns shall also show the date of the election, the How election returns distributed:
polling place, the barangay and the city of municipality in
which it was held, the total number of ballots found in the In the election for President, Vice President, Senators,
compartment for valid ballots, the total number of valid Members of the House of Representatives and parties,
ballots withdrawn from the compartment for spoiled ballots organizations, or coalitions participating under the part-list
because they were erroneously placed therein, the total system, the returns shall be prepared in 7 copies and
number of excess ballots, the total number of marked or void distributed as follows:
ballots, and the total number of votes obtained by each 1. City or municipal board of canvassers.
candidate, writing out the said number in words and figures 2. Congress, directed to the President of the Senate.
and, at the end thereof, the board of election inspectors shall 3. The COMELEC
certify that the contents are correct. 4. The dominant majority party as determined by the
COMELEC.
4. The returns shall be accomplished in a single sheet of 5. To the dominant minority party as determined by the
paper, but if this is not possible, additional sheets may be COMELEC.
used which shall be prepared in the same manner as the first 6. To the citizen’s authorized by the COMELEC to conduct
sheet and likewise certified by the board of election unofficial count.
inspectors. 7. Deposited inside the compartment of the ballot box for
valid ballots.
5. The Commission shall take steps so that the entries on the
first copy of the election returns are clearly reproduced on In the election of local officials
the second, third, fourth, fifth, and sixth copies thereof, and 1. City or Municipal Board of Canvassers
for this purpose the Commission shall use a special kind of 2. COMELEC
paper. 3. Provincial Board of Canvassers
4. To the dominant majority party as determined by the
6. Immediately upon the accomplishment of the election COMELEC.
returns, each copy thereof shall be sealed in the presence of 5. To the dominant minority party as determined by the
the watchers and the public, and placed in the proper COMELEC.
envelope, which shall likewise be sealed and distributed as 6. To the citizen’s authorized by the COMELEC to conduct
herein provided. unofficial count.
7. Deposited inside the compartment of the ballot box for
7. Any election return with a separately printed serial number valid ballots.
or which bears a different serial number from that assigned
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Garay vs COMELEC- A certificate of votes is not a valid basis case the officials who shall act as members thereof have not
for canvass. It can only be evidence to prove tampering, yet assumed their duties and functions.
alteration, falsification, or any other anomaly committed in
the election returns concerned, when duly authenticated. Section 222. Relationship with candidates and other
members. - The chairman and the members of the board of
A certificate of votes does not constitute sufficient evidence canvassers shall not be related within the fourth civil degree
of the true and genuine results of the elections; only election of consanguinity or affinity to any of the candidates whose
returns are. In like manner, neither is the tally board votes will be canvassed by said board, or to any member of
sufficient evidence of the real results of the election. the same board.
Canvass and Proclamation Section 223. Prohibition against leaving official station. -
During the period beginning election day until the
Section 221. Board of canvassers. - There shall be a board of proclamation of the winning candidates, no member or
canvassers for each province, city, municipality, and district substitute member of the different boards of canvassers shall
of Metropolitan Manila as follows: be transferred, assigned or detailed outside of his official
station, nor shall he leave said station without prior authority
(a) Provincial board of canvassers. - the provincial board of of the Commission.
canvassers shall be composed of the provincial election
supervisor or a senior lawyer in the regional office of the Canvass of election returns of president and vice-president
Commission, as chairman, the provincial fiscal, as vice- The returns of every election for President and Vice
chairman, and the provincial superintendent of schools, and President shall be duly certified by the board of
one representative from each of the ruling party and the canvassers of each province or city, and the returns
dominant opposition political party in the constituency as certified shall be transmitted to congress. Upon
concerned entitled to be represented, as members. determination of the authority and due executing of
the certificates of canvass, congress shall canvass the
(b) City board of canvassers. - the city board of canvassers votes.
shall be composed of the city election registrar or a lawyer of
the Commission, as chairman, the city fiscal and the city Procedure in the canvass of election returns and the
superintendent of schools, and one representative from each proclamation of the President and Vice President:
of the ruling party and the dominant opposition political party
entitled to be represented, as members. 1. Transmission of returns- The returns of every election for
President and Vice President shall be duly certified by the
(c) District board of canvassers of Metropolitan Manila - the board of canvassers of each province or city.
district board of canvassers shall be composed of a lawyer of
the Commission, as chairman, and a ranking fiscal in the 2. Transmission of certified returns to the congress- The
district and the most senior district school supervisor in the certified returns shall be transmitted to the congress,
district to be appointed upon consultation with the Ministry directed to the president of the senate.
of Justice and the Ministry of Education, Culture and Sports,
respectively, and one representative from each of the ruling 3. Opening of certificates of canvass- Upon receipt of the
party and the dominant opposition political party in the certificates of canvass, the president of the senate shall, not
constituency concerned, as members. later than 30 days after the day of the election, open all the
certificates in the presence of the Senate and the House of
(d) Municipal board of canvassers. - the municipal board of Representatives in joint public session.
canvassers shall be composed of the election registrar or a
representative of the Commission, as chairman, the municipal 4. Canvass of the votes by congress- Upon determination of
treasurer, and the district supervisor or in his absence any the authenticity and the execution of the certificates of
public school principal in the municipality and one canvass, congress shall canvass the votes.
representative from each of the ruling party and the
dominant opposition political party entitled to be 5. Proclamation- The person having the highest number of
represented, as members. votes shall be proclaimed elected.
(e) Board of canvassers for newly created political 6. In case of tie- In case of two or more shall have an equal
subdivisions - the Commission shall constitute a board of and highest number of votes, one of them shall forthwith be
canvassers and appoint the members thereof for the first chosen by a voice of a majority of all members of the
election in a newly created province, city or municipality in congress.
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7. Promulgation of rules for canvassing of certificates- The near enough to be easily called by the board of canvassers at
congress shall promulgate its rules for the canvassing of the any time.
certificates.
Section 233. When the election returns are delayed, lost or
8. Sole judge of all contests- The SC en banc, shall be the sole destroyed. - In case its copy of the election returns is missing,
judge of all contests relating to the the board of canvassers shall, by messenger or otherwise,
1. Election obtain such missing election returns from the board of
2. Returns election inspectors concerned, or if said returns have been
3. Qualifications of the president or vice president lost or destroyed, the board of canvassers, upon prior
The SC may promulgate its rules for the purpose. authority of the Commission, may use any of the authentic
copies of said election returns or a certified copy of said
Nature of canvass proceedings- Administrative and primary election returns issued by the Commission, and forthwith
in nature. direct its representative to investigate the case and
immediately report the matter to the Commission.
Elections returns- They are not conclusive proof that the
results of the voting are true, but they are accorded prima The board of canvassers, notwithstanding the fact that not all
facie status as bonafide reports of the results of the voting the election returns have been received by it, may terminate
and cannot just be disregarded or excluded. the canvass and proclaim the candidates elected on the basis
of the available election returns if the missing election returns
Objections to election returns- Written objections must be will not affect the results of the election.
filed only during this stage because it is only at this stage that
the exclusion of any return is in issue. Section 234. Material defects in the election returns. - If it
should clearly appear that some requisites in form or data
Election returns which are clean on their face cannot be had been omitted in the election returns, the board of
invalidated on mere allegations of fraud, duress or coercion. canvassers shall call for all the members of the board of
election inspectors concerned by the most expeditious
Any political party has the right to examine the returns being means, for the same board to effect the correction: Provided,
canvassed without touching them, to make their observations That in case of the omission in the election returns of the
thereon, and file their challenges in accordance with the rules name of any candidate and/or his corresponding votes, the
of the COMELEC. board of canvassers shall require the board of election
inspectors concerned to complete the necessary data in the
Section 232. Persons not allowed inside the canvassing election returns and affix therein their initials: Provided,
room. - It shall be unlawful for any officer or member of the further, That if the votes omitted in the returns cannot be
Armed Forces of the Philippines, including the Philippine ascertained by other means except by recounting the ballots,
Constabulary, or the Integrated National Police or any peace the Commission, after satisfying itself that the identity and
officer or any armed or unarmed persons belonging to an integrity of the ballot box have not been violated, shall order
extra-legal police agency, special forces, reaction forces, the board of election inspectors to open the ballot box, and,
strike forces, home defense forces, barangay self-defense also after satisfying itself that the integrity of the ballots
units, barangay tanod, or of any member of the security or therein has been duly preserved, order the board of election
police organizations of government ministries, commissions, inspectors to count the votes for the candidate whose votes
councils, bureaus, offices, instrumentalities, or government- have been omitted with notice thereof to all candidates for
owned or controlled corporations or their subsidiaries or of the position involved and thereafter complete the returns.
any member of a privately owned or operated security,
investigative, protective or intelligence agency performing The right of a candidate to avail of this provision shall not be
identical or similar functions to enter the room where the lost or affected by the fact that an election protest is
canvassing of the election returns are held by the board of subsequently filed by any of the candidates.
canvassers and within a radius of fifty meters from such
room: Provided, however, That the board of canvassers by a Section 235. When election returns appear to be tampered
majority vote, if it deems necessary, may make a call in with or falsified. - If the election returns submitted to the
writing for the detail of policemen or any peace officers for board of canvassers appear to be tampered with, altered or
their protection or for the protection of the election falsified after they have left the hands of the board of
documents and paraphernalia in the possession of the board, election inspectors, or otherwise not authentic, or were
or for the maintenance of peace and order, in which case said prepared by the board of election inspectors under duress,
policemen or peace officers, who shall be in proper uniform, force, intimidation, or prepared by persons other than the
shall stay outside the room within a radius of thirty meters member of the board of election inspectors, the board of
canvassers shall use the other copies of said election returns
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and, if necessary, the copy inside the ballot box which upon raised under secs 233,234,235, 236, in relation to the
previous authority given by the Commission may be retrieved preparation, transmission, receipt, custody and appreciation
in accordance with Section 220 hereof. If the other copies of of the election returns.
the returns are likewise tampered with, altered, falsified, not
authentic, prepared under duress, force, intimidation, or Issues raised in a pre-proclamation controversy
prepared by persons other than the members of the board of
election inspectors, the board of canvassers or any candidate 1. Illegal composition or proceedings of the board of
affected shall bring the matter to the attention of the canvassers.
Commission. The Commission shall then, after giving notice to
all candidates concerned and after satisfying itself that 2. The canvassed election returns are incomplete, contain
nothing in the ballot box indicate that its identity and material defects, appear to be tampered with or falsified, or
integrity have been violated, order the opening of the ballot contain discrepancies in the same returns or in another
box and, likewise after satisfying itself that the integrity of the authentic copies thereof as mentioned in secs 233, 234, 235,
ballots therein has been duly preserved shall order the board 236 of this code.
of election inspectors to recount the votes of the candidates
affected and prepare a new return which shall then be used 3. The election returns were prepared under duress, threats,
by the board of canvassers as basis of the canvass. coercion, or intimidation, or they are obviously manufactured
or not authentic.
Section 236. Discrepancies in election returns. - In case it
appears to the board of canvassers that there exists 4. When substitute or fraudulent returns in controversy
discrepancies in the other authentic copies of the election polling places were canvassed, the results of which materially
returns from a polling place or discrepancies in the votes of affected the standing of the aggrieved candidate or
any candidate in words and figures in the same return, and in candidates.
either case the difference affects the results of the election,
the Commission, upon motion of the board of canvassers or For purposes of elections for president, vice president,
any candidate affected and after due notice to all candidates senators, members of the house of representatives, no
concerned, shall proceed summarily to determine whether proclamation cases shall be allowed on matters regarding to
the integrity of the ballot box had been preserved, and once the preparation, transmission, receipt, custody, and
satisfied thereof shall order the opening of the ballot box to appreciation of the election returns or the certificates of
recount the votes cast in the polling place solely for the canvass, as the case may be.
purpose of determining the true result of the count of votes
of the candidates concerned. But the canvassing body correct manifest errors in the
certificate of canvass for election returns before it. Motu
Section 237. When integrity of ballots is violated. - If upon propio or by complaint of an interested person.
the opening of the ballot box as ordered by the Commission
under Sections 234, 235 and 236, hereof, it should appear Torres vs COMELEC- A petition for correction of errors in the
that there are evidence or signs of replacement, tampering or certificate of canvass may be filed at anytime before
violation of the integrity of the ballots, the Commission shall proclamation. Or even after the proclamation if the validity of
not recount the ballots but shall forthwith seal the ballot box the proclamation itself is in question. If the proclamation is
and order its safekeeping. void and the COMELEC therefore has the power to annul the
same.
Section 238. Canvass of remaining or unquestioned returns
to continue. - In cases under Sections 233, 234, 235 and 236 Jurisdiction- Pre-proclamation cases- Exclusive jurisdiction of
hereof, the board of canvassers shall continue the canvass of the COMELEC. It may motu propio or upon written petition,
the remaining or unquestioned election returns. If, after the and after due notice and hearing, order the partial or total
canvass of all the said returns, it should be determined that suspension of the proclamation of any candidate-elect or
the returns which have been set aside will affect the result of annul partially or totally any proclamation, if one has been
the election, no proclamation shall be made except upon made, as the evidence shall warrant in accordance with the
orders of the Commission after due notice and hearing. Any succeeding sections.
proclamation made in violation hereof shall be null and void.
As a rule, the board of canvassers may not inquire into issues
Pre-Proclamation controversy- Refers to any question beyond election return. However, there are certain instances
pertaining to or affecting the proceedings of the board of when the board of canvassers can do so.
canvassers which may be raised by any candidate or by any
registered political party of coalition of political parties before
the board or directly with the commission, or any matter
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Period to decide pre-proclamation controversies- Summarily contest. The answer shall deal only with the election in the
disposed of summarily by the COMELEC within 7 days from polling places which are covered by the allegations of the
receipt thereof. This decision shall be executory from receipt contest;
by the losing party.
(c) Should the protestee desire to impugn the votes received
Castromayor vs COMELEC- No proclamation based on by the protestant in other polling places, he shall file a
incomplete returns. counter-protest within the same period fixed for the answer
serving a copy thereof upon the protestant by registered mail
Partial Proclamation- During pendency of a pre-proclamation or by personal delivery or through the sheriff;
controversy, the COMELEC may order the proclamation of
other winning candidates. (d) The protestant shall answer the counter-protest within
five days after notice;
Sanchez vs COMELEC- A petition for recount or
reappreciation of ballots is not ground for a pre-proclamation (e) Within the period of five days counted from the filing of
controversy. The enumeration of issues which may be raised the protest any other candidate for the same office may
in a pre-proclamation controversy such as those enumerated intervene in the case as other contestants and ask for
in sec 243 is restrictive and exclusive. affirmative relief in his favor by a petition in intervention,
which shall be considered as another contest, except that it
Matters that should be raised in an election protest not in a shall be substantiated within the same proceedings. The
pre-proclamation contest protestant or protestee shall answer the protest in
1. When a winning candidate has been duly proclaimed upon intervention within five days after notice;
orders of the COMELEC and has taken the oath of office.
2. Technical examination of signatures and thumbmarks of (f) If no answer shall be filed to the contest, counter-protest,
voters are issues which should be raised in election protest. or to the protest in intervention, within the time limits
3. Errors in appreciation of ballots by the BEI should be raised respectively fixed, a general denial shall be deemed to have
in the election protest. been entered;
4. After a candidate has already been proclaimed winner and
had assumed officer, the proper remedy is an election protest (g) In election contest proceedings, the permanent registry
not a pre-proclamation controversy. list of voters shall be conclusive in regard to the question as
to who had the right to vote in said election.
Election Contests procedure
Idulza vs COMELEC- Election contests are to be liberally
The Commission shall prescribe the rules to govern the construed to the end that the will of the people in the choice
procedure and other matters relating to election contests of public officers may not be defeated.
pertaining to all national, regional, provincial, and city offices
not later than thirty days before such elections. Such rules Rules peculiar to contests involving local officials
shall provide a simple and inexpensive procedure for the
expeditious disposition of election contests and shall be 1. The rules governing election contests relating to municipal
published in at least two newspapers of general circulation. and barangay officials are silent with respect to the filing of a
motion to dismiss a petition of protest. It has been held that
However, with respect to election contests involving such silence implies that a motion to dismiss may be filed
municipal and barangay offices the following rules of with reference to an election contest involving municipal and
procedure shall govern: barangay officials.
(a) Notice of the protest contesting the election of a 2. After the time for filing protest has expired, it is too late to
candidate for a municipal or barangay office shall be served amend the protest by dropping certain polling places and
upon the candidate by means of a summons at the postal adding others or by protesting the results in new polling
address stated in his certificate of candidacy except when the places. The reason for this stringent rule is to avoid delay or
protestee, without waiting for the summons, has made the to underscore the necessity of speedy determination of who
court understand that he has been notified of the protest or actually is the real choice of the electorate. Moreover, a
has filed his answer hereto; dissatisfied candidate must be vigilant.
(b) The protestee shall answer the protest within five days 3. Amendments which do not change the cause of action or
after receipt of the summons, or, in case there has been no the grounds of protest may be made within a reasonable time
summons from the date of his appearance and in all cases before the commencement of the trial, and even afterwards
before the commencement of the hearing of the protest or if there are special reasons therefor.
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5. The law permits other candidates who may have an 2. The purpose of an election protest is to ascertain whether
interest, to intervene in the election protest within 5 days the candidate proclaimed elected by the board of canvassers
from the filing of the protest any other candidate for the is really the lawful choice of the electorate.
same office may intervene in the case as other contestants
and ask for affirmative relief in his favour by a petition in 3. Public policy demands that an election protest, duly
intervention, which shall be considered as another contest, commenced, be not abated by the death of either the
except that it shall be substantiated within the same protestant or the protestee. In case of death of either party in
proceedings. The protestant or protestee shall answer the an election protest, sec 17, rule 3 of the rules of court
protest in intervention within 5 days after notice. However, to providing for the substitution of a party litigant who dies in
be entertained, the petition to intervene must be filed within the course of the litigation is applicable to election protests.
the prescribed period, otherwise it is barred even if the
original protestant does not subject to its delayed 4. However, the deceased’s legal representative who may be
presentation. substituted in place of the deceased must be the one who is
entitled to the office in the event the deceased’s cause
6. A protestee who fails to file his answer within the prevails, and not his widow or legal heirs or his political party
prescribed period may be deemed to have entered a general as none of them is entitled to office.
denial.
5. The pendency of an election protest is not sufficient basis
7. A protestee may raise any and all defenses which will to enjoin protestee from assuming office as required of him
defeat the protest. However, the ineligibility of protestant in by law. The efficiency of public administration should not be
an election protest is not a defense in such protest not only impaired. Until and unless the election protest is decided
because it is incongruous with the only issue therein, which is against the protestee, he has lawful right to assume and
who obtained the higher number of votes, but also perform the duties of the office to which he has been elected.
premature in as much as such issue may be raised only after
the candidate has been proclaimed and the protestant is not Jurisdiction of election offenses
proclaimed until after he has been declared winner.
Moreover, if a protest is dismissed only because the 1. Investigation and prosecution, the COMELEC has exclusive
protestant is ineligible, the result would be that protestee jurisdiction. But it may validly delegate the power to the
would be in office though in fact he received fewer votes than provincial prosecutor as it did when it promulgated resolution
the former. no 1862 March 2, 1987. But it is not the duty of the COMELEC
to gather proof in support of a complaint filed before it.
8. A protestee may file a counter-protest as part of his
answer. In such a counter protest, he may allege and 2. Jurisdiction of courts- The RTC shall have the exclusive
thereafter prove that by reason of fraud and irregularities the jurisdiction to try and decide any criminal action or
protestant cannot be declared elected, but that proceedings for violation of the code, except those relating to
notwithstanding such fraud and irregularities as alleged by the offense of failure to register or failure to vote which shall
protestant the protestee is still entitled to be proclaimed be under the jurisdiction of the MTC or METC. From the
elected. decision of the courts, appeal will lie as in other criminal
cases.
9. A counter-protest is tantamount to a counter claim in a
civil action and may therefore be presented as part of the Prescriptive period for election offenses- 5 years from the
amswer within the time the protestee is required to answer. date of commission.
10. Where there is a motion to dismiss, it may be filed within Lindo vs COMELEC- The additional requirement of the
the period left after the motion to dismiss is denied. Where a COMELEC RULES OF PROCEDURE of notice in advance of
motion for extension of time to answer is filed, it may be promulgation is not part of the process of promulgation, and
presented within the extended period. failure to serve the notice in advance of the promulgation is a
procedural lapse or error which will not vitiate the decision
Principles applicable to contests relating to local elections: except when the error is shown to have caused harm or
1. There are differences, procedure wise, between contests prejudice and the fact that the adverse party’s counsel
relating to regional, provincial, and city officials on the other received copy of the decision shoes that no such harm is
hand, and local and barangay officials. However, the caused thereby and precludes the decision from being
principles, rulings, and provisions previously discussed as well infirmed.
as those which are herein below discussed, unless otherwise
indicated apply equally to all election contests without
distinction.
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Post election disputes an election protest or a petition for quo warranto, all
Those that which arise or are instituted after questions relative thereto will be decided in the casse itself
proclamation of the winning candidate. May refer to and not in another proceeding.
any of the following
o Election contests- It may pertain to the Exceptions: The pre proclamation case may still proceed to
casting and counting of votes and raise the conclusion
question of who actually received the
majority of the legal ballots. 1. If what is filed is not really a quo warranto contest or
o Quo Warranto- It may pertain to the election protest but a petition to avail a proclamation.
eligibility or disloyalty of the winning
candidates. 2. If quo warranto is not the proper remedy.
o Criminal prosecution for violation of
election laws 3. If the Board of Canvassers is improperly constituted.
Election contest vs Quo Warranto 4. If the filing of the quo warranto or an election protest is
expressly made without prejudice to pre-proclamation
Election contest contest or is made ad cautela.
1. It is strictly a contest between the defeated and winning
candidates based on grounds of election frauds or 5. If the proclamation is null and void.
irregularities as to who actually obtained the majority of the
legal votes and therefore is entitled to hold office. After a proclamation which is validly made, the
2. It can only be filed by a candidate who has duly filed a remedy of the defeated candidate is to file an
certificate of candidacy and has been voted for. election protest or petition for quo warranto within
3. A protestee may be ousted and the protestant seated in the prescribed period.
the office vacated. If the proclamation is null and void, or is claimed to
be null and void, the commission has the authority
Quo Warranto to inquire whether such proclamation is null and
1. It refers to questions of disloyalty or ineligibility of the void.
winning candidate. It is a proceeding to unseat the ineligible If the proclamation is null and void, it is a settled
person from office but not to install the protestant in his jurisprudence that it is no proclamation at all and the
place. commission has the power to declare such nullity
2. It can only be filed by any voter. It is for this reason that it and annul the proclamation even if the proclaimed
is not considered a contest where the parties strive for candidate has already assumed office.
supremacy.
3. While the respondent may be unseated the petitioner will Election protest- it is a summary proceeding, the purpose of
not be seated. which, is to settle the controversy between the defeated and
winning candidate as to who between them actually receives
Luison vs COMELEC- It is not the title or caption of the the majority of the legal ballots.
petition but the allegations contained therein which
determines if the action is for quo warranto or an election Purpose of an election protest- The purpose is to ascertain
protest. Hence, a petition may allege that the candidate elect whatever the candidate proclaimed by the board of
is not qualified and it may be labelled as election protest, but canvassers Is really the lawful choice of the electorate. What
actually it is a quo warranto proceeding. is sought in the protest is the correction of the canvass of the
votes which is the basis of proclamation of the winning
The election contest and the quo warranto may be separately candidate.
filed, with the second case suspended until the earlier one is
resolved. Jurisdiction over election contests
1. The Supreme Court- President and Vice President
Effect of filing a protest or a petition for quo warranto- As a 2. Senate Electoral tribunal in senators
rule, it bars the subsequent filing of a pre-proclamation 3. HR Electoral tribunal in members of the house of
controversy or a petition to annul proclamation. It also representatives.
amounts to the abandonment of one earlier filed. It deprives 4. COMELEC- Regional, Provincial, City officials.
the commission, in said pre-proclamation case, of the 5. RTC- Municipal officials.
authority to inquire into and pass upon the title of the 6. MTC/ MeTC- Barangay officials
protestee or the validity of his proclamation. Because, once a
tribunal has acquired jurisdiction on account of the filing of
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Appealed cases in municipal and barangay officials- 2. That the protestee has been proclaimed.
COMELEC
3. That the petition was filed within 10 days after
Appeal of HRET to SC- Only if there is capricious, arbitrary proclamation.
and despotic exercise of power.
4. That the fraud and election irregularities vitiated the
Decisions of MTC, MeTc, RTC to COMELEC conduct of elections and affected the legality thereof.
1. Appealable within 5 days from promulgation of receipt of Requisites petition for Quo Warranto
copy thereof by the aggrieved party. 1. The petition is filed by any registered voter in the
constituency.
2. Within 60 days after it is submitted for decision but not 2. The said petition is filed on the ground of ineligibility or
later than 6 months after the filing of the appeal, which disloyalty to the Republic of the Philippines.
decision shall be final, appealable, and executory. 3. The said petition is filed within 10 days from the
proclamation of the results of the election.
3. Motion for reconsideration the decision of the RTC is a
prohibited pleading and it does not interrupt the running of Quo warranto in appointive office- The issue of the legality
the 5 day period of appeal. of the appointment.
Idulza vs COMELEC- Findings of fact by the COMELEC if Quo Warranto in elective office- The issue is eligibility of the
supported by substantial evidence, are final and non- officer-elect. The court or tribunal cannot declare the
reviewable. The appreciation of contested ballots and protestant as having been elected.
election documents involves a question of fact best left to the
determination of the COMELEC, a specialized agency tasked Election Offenses (Sec. 261)
with the supervision of elections all over the country.
Vote-buying and vote-selling. -
The decision of the COMELEC must be a final resolution en
banc before the SC may review the same via certiorari. (1) Any person who gives, offers or promises money or
anything of value, gives or promises any office or
Jurisdiction if the COMELEC after proclamation employment, franchise or grant, public or private, or makes
or offers to make an expenditure, directly or indirectly, or
Lanot vs COMELEC- The case for disqualification exists and cause an expenditure to be made to any person, association,
survives, the election and proclamation of the winning corporation, entity, or community in order to induce anyone
candidate because an outright dismissal will unduly reward or the public in general to vote for or against any candidate or
the challenged candidate and may even encourage him to withhold his vote in the election, or to vote for or against any
employ delaying tactics to impede the resolution of the aspirant for the nomination or choice of a candidate in a
disqualification case until after he has been proclaimed. convention or similar selection process of a political party.
The exception to the retention of jurisdiction after (2) Any person, association, corporation, group or community
proclamation applies when the challenged candidate who solicits or receives, directly or indirectly, any expenditure
becomes a member of the HR or of the Senate, where the or promise of any office or employment, public or private, for
appropriate electoral tribunal would have jurisdiction. any of the foregoing considerations.
Alejandro vs COMELEC- The COMELEC has the power to (b) Conspiracy to bribe voters. - Two or more persons,
annul a proclamation of a winning candidate who has taken whether candidates or not, who come to an agreement
his oath and assumed office already due to an alleged error in concerning the commission of any violation of paragraph (a)
the tabulation of the statement of votes. Any error in the of this section and decide to commit it.
statement ultimately affects the validity of the proclamation.
(c) Wagering upon result of election. - Any person who bets
Jurisdictional facts necessary to confer jurisdiction to try an or wagers upon the outcome of, or any contingency
election protest connected with an election. Any money or thing of value or
deposit of money or thing of value situated anywhere in the
1. That the protestant was a candidate who had duly filed a Philippines put as such bet or wager shall be forfeited to the
certificate of candidacy and had been voted for the same government.
office.
(d) Coercion of subordinates. -
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(1) Any public officer, or any officer of any public or private Commission shall not grant the authority sought unless, it is
corporation or association, or any head, superior, or satisfied that the position to be filled is essential to the
administrator of any religious organization, or any employer proper functioning of the office or agency concerned, and
or land-owner who coerces or intimidates or compels, or in that the position shall not be filled in a manner that may
any manner influence, directly or indirectly, any of his influence the election.
subordinates or members or parishioners or employees or
house helpers, tenants, overseers, farm helpers, tillers, or As an exception to the foregoing provisions, a new employee
lease holders to aid, campaign or vote for or against any may be appointed in case of urgent need: Provided, however,
candidate or any aspirant for the nomination or selection of That notice of the appointment shall be given to the
candidates. Commission within three days from the date of the
appointment. Any appointment or hiring in violation of this
(2) Any public officer or any officer of any commercial, provision shall be null and void.
industrial, agricultural, economic or social enterprise or public
or private corporation or association, or any head, superior or (2) Any government official who promotes, or gives any
administrator of any religious organization, or any employer increase of salary or remuneration or privilege to any
or landowner who dismisses or threatens to dismiss, punishes government official or employee, including those in
or threatens to punish be reducing his salary, wage or government-owned or controlled corporations.
compensation, or by demotion, transfer, suspension,
separation, excommunication, ejectment, or causing him (h) Transfer of officers and employees in the civil service. -
annoyance in the performance of his job or in his Any public official who makes or causes any transfer or detail
membership, any subordinate member or affiliate, whatever of any officer or employee in the civil service
parishioner, employee or house helper, tenant, overseer, including public school teachers, within the election period
farm helper, tiller, or lease holder, for disobeying or not except upon prior approval of the Commission.
complying with any of the acts ordered by the former to aid,
campaign or vote for or against any candidate, or any aspirant (i) Intervention of public officers and employees. - Any
for the nomination or selection of candidates. officer or employee in the civil service, except those holding
political offices; any officer, employee, or member or the
(e) Threats, intimidation, terrorism, use of fraudulent device Armed Forces of the Philippines, or any police force, special
or other forms of coercion. - Any person who, directly or forces, home defense forces, barangay self-defense units and
indirectly, threatens, intimidates or actually causes, inflicts or all other para-military units that now exist or which may
produces any violence, injury, punishment, damage, loss or hereafter be organized who, directly or indirectly, intervenes
disadvantage upon any person or persons or that of the in any election campaign or engages in any partisan political
immediate members of his family, his honor or property, or activity, except to vote or to preserve public order, if he is a
uses any fraudulent device or scheme to compel or induce peace officer.
the registration or refraining from registration of any voter, or
the participation in a campaign or refraining or desistance (j) Undue influence. - It is unlawful for any person to promise
from any campaign, or the casting of any vote or omission to any office or employment, public or private, or to make or
vote, or any promise of such registration, campaign, vote, or offer to make an expenditure, directly or indirectly, or to
omission therefrom. cause an expenditure to be made to any person, association,
corporation or entity, which may induce anyone or the public
(f) Coercion of election officials and employees. - Any person in general either to vote or withhold his vote, or to vote for or
who, directly or indirectly, threatens, intimidates, terrorizes against any candidate in any election or any aspirant for the
or coerces any election official or employee in the nomination or selection of an official candidate in a
performance of his election functions or duties. convention of a political party. It is likewise unlawful for any
person, association, corporation or community, to solicit or
(g) Appointment of new employees, creation of new receive, directly or indirectly, any expenditure or promise or
position, promotion, or giving salary increases. - During the any office, or employment, public or private, for any of the
period of forty-five days before a regular election and thirty foregoing considerations.
days before a special election,
(k) Unlawful electioneering. - It is unlawful to solicit votes or
(1) any head, official or appointing officer of a government undertake any propaganda on the day of registration before
office, agency or instrumentality, whether national or local, the board of election inspectors and on the day of election,
including government-owned or controlled corporations, who for or against any candidate or any political party within the
appoints or hires any new employee, whether provisional, polling place and with a radius of thirty meters thereof.
temporary or casual, or creates and fills any new position,
except upon prior authority of the Commission. The
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(l) Prohibition against dismissal of employees, laborers, or government-owned or controlled corporations, or by the
tenants. - No employee or laborer shall be dismissed, nor a Armed Forces of the Philippines for any election campaign or
tenant be ejected from his landholdings for refusing or failing for any partisan political activity.
to vote for any candidate of his employer or landowner. Any
employee, laborer or tenant so dismissed or ejected shall be (p) Deadly weapons. - Any person who carries any deadly
reinstated and the salary or wage of the employee or laborer, weapon in the polling place and within a radius of one
or the share of the harvest of the tenant, shall be restored to hundred meters thereof during the days and hours fixed by
the aggrieved party upon application to the proper court. law for the registration of voters in the polling place, voting,
counting of votes, or preparation of the election returns.
(m) Appointment or use of special policemen, special However, in cases of affray, turmoil, or disorder, any peace
agents, confidential agents or the like. - During the campaign officer or public officer authorized by the Commission to
period, on the day before and on election day, any appointing supervise the election is entitled to carry firearms or any
authority who appoints or any person who utilizes the other weapon for the purpose of preserving order and
services of special policemen, special agents, confidential enforcing the law.
agents or persons performing similar functions; persons
previously appointed as special policemen, special agents, (q) Carrying firearms outside residence or place of business.
confidential agents or persons performing similar functions - Any person who, although possessing a permit to carry
who continue acting as such, and those who fail to turn over firearms, carries any firearms outside his residence or place
their firearms, uniforms, insignias and other badges of of business during the election period, unless authorized in
authority to the proper officer who issued the same. writing by the Commission: Provided, That a motor vehicle,
water or air craft shall not be considered a residence or place
At the start of the aforementioned period, the barangay of business or extension hereof.
chairman, municipal mayor, city mayor, provincial governor,
or any appointing authority shall submit to the Commission a This prohibition shall not apply to cashiers and disbursing
complete list of all special policemen, special agents, officers while in the performance of their duties or to persons
confidential agents or persons performing similar functions in who by nature of their official duties, profession, business or
the employ of their respective political subdivisions, with occupation habitually carry large sums of money or valuables.
such particulars as the Commission may require.
(r) Use of armored land, water or air craft. - Any person who
(n) Illegal release of prisoners before and after election. - uses during the campaign period, on the day before and on
The Director of the Bureau of Prisons, any provincial warden, election day, any armored land, water or air craft, provided
the keeper of the jail or the person or persons required by with any temporary or permanent equipment or any other
law to keep prisoners in their custody who illegally orders or device or contraption for the mounting or installation of
allows any prisoner detained in the national penitentiary, or cannons, machine guns and other similar high caliber
the provincial, city or municipal jail to leave the premises firearms, including military type tanks, half trucks, scout
thereof sixty days before and thirty days after the election. trucks, armored trucks, of any make or model, whether new,
The municipal or city warden, the provincial warden, the reconditioned, rebuilt or remodelled: Provided, That banking
keeper of the jail or the person or persons required by law to or financial institutions and all business firms may use not
keep prisoners in their custody shall post in three more than two armored vehicles strictly for, and limited to,
conspicuous public places a list of the prisoners or detention the purpose of transporting cash, gold bullion or other
prisoners under their care. Detention prisoners must be valuables in connection with their business from and to their
categorized as such. place of business, upon previous authority of the
Commission.
(o) Use of public funds, money deposited in trust,
equipment, facilities owned or controlled by the (s) Wearing of uniforms and bearing arms. - During the
government for an election campaign. - Any person who uses campaign period, on the day before and on election day, any
under any guise whatsoever, directly or indirectly, (1) public member of security or police organization of government
funds or money deposited with, or held in trust by, public agencies, commissions, councils, bureaus, offices, or
financing institutions or by government offices, banks, or government-owned or controlled corporations, or privately-
agencies; (2) any printing press, radio, or television station or owned or operated security, investigative, protective or
audio-visual equipment operated by the Government or by its intelligence agencies, who wears his uniform or uses his
divisions, sub-divisions, agencies or instrumentalities, insignia, decorations or regalia, or bears arms outside the
including government-owned or controlled corporations, or immediate vicinity of his place of work: Provided, That this
by the Armed Forces of the Philippines; or (3) any equipment, prohibition shall not apply when said member is in pursuit of
vehicle, facility, apparatus, or paraphernalia owned by the a person who has committed or is committing a crime in the
government or by its political subdivisions, agencies including premises he is guarding; or when escorting or providing
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security for the transport of payrolls, deposits, or other and any of the latter who utilizes the services of the former as
valuables; or when guarding the residence of private persons bodyguard or security guard: Provided, That, after due notice
or when guarding private residences, buildings or offices: and hearing, when the life and security of a candidate is in
Provided, further, That in the last case prior written approval jeopardy, the Commission is empowered to assign at the
of the Commission shall be obtained. The Commission shall candidate's choice, any member of the Philippine
decide all applications for authority under this paragraph Constabulary or the police force of any municipality within
within fifteen days from the date of the filing of such the province to act as his bodyguard or security guard in a
application. number to be determined by the Commission but not to
exceed three per candidate: Provided, however, That when
During the same period, and ending thirty days thereafter any the circumstances require immediate action, the Commission
member of the Armed Forces of the Philippines, special, may issue a temporary order allowing the assignment of any
forces, home defense forces, barangay self-defense units and member of the Philippine Constabulary or the local police
all other para-military units that now exist or which may force to act as bodyguard or security guard of the candidate,
hereafter be organized who wears his uniform or bears arms subject to confirmation or revocation.
outside the camp, garrison or barracks to which he is assigned
or detailed or outside their homes, in case of members of (u) Organization or maintenance of reaction forces, strike
para-military units, unless (1) the President of the Philippines forces, or other similar forces. - Any person who organizes or
shall have given previous authority therefor, and the maintains a reaction force, strike force or similar force during
Commission notified thereof in writing, or (2) the Commission the election period.
authorizes him to do so, which authority it shall give only
when necessary to assist it in maintaining free, orderly and The heads of all reaction forces, strike forces, or similar forces
honest elections, and only after notice and hearing. All shall, not later than forty-five days before the election,
personnel of the Armed Forces authorized by the President or submit to the Commission a complete list of all members
the Commission to bear arms or wear their uniforms outside thereof with such particulars as the Commission may require.
their camps and all police and peace officers shall bear their
true name, rank and serial number, if any, stitched in block (v) Prohibition against release, disbursement or expenditure
letters on a white background on the left breast of their of public funds. - Any public official or employee including
uniform, in letters and numbers of a clearly legible design at barangay officials and those of government-owned or
least two centimeters tall, which shall at all times remain controlled corporations and their subsidiaries, who, during
visible and uncovered. forty-five days before a regular election and thirty days
before a special election, releases, disburses or expends any
During the election period, whenever the Commission finds it public funds for:
necessary for the promotion of free, orderly, honest and
peaceful elections in a specific area, it shall confiscate or (1) Any and all kinds of public works, except the following:
order the confiscation of firearms of any member or
members of the Armed Forces of the Philippines, police (a) Maintenance of existing and/or completed public works
forces, home defense forces, barangay self-defense units, and project: Provided, That not more than the average number of
all other para-military units that now exist, or which may laborers or employees already employed therein during the
hereafter be organized, or any member or members of the six-month period immediately prior to the beginning of the
security or police organization, government ministries, forty-five day period before election day shall be permitted to
commissions, councils, bureaus, offices, instrumentalities, or work during such time: Provided, further, That no additional
government-owned or controlled corporations and other laborers shall be employed for maintenance work within the
subsidiaries, or of any member or members of privately said period of forty-five days;
owned or operated security, investigative, protective or
intelligence agencies performing identical or similar (b) Work undertaken by contract through public bidding held,
functions. or by negotiated contract awarded, before the forty-five day
period before election: Provided, That work for the purpose
(t) Policemen and provincial guards acting as bodyguards or of this section undertaken under the so-called "takay" or
security guards. - During the campaign period, on the day "paquiao" system shall not be considered as work by
before and on election day, any member of the city or contract;
municipal police force, any provincial or sub-provincial guard,
any member of the Armed Forces of the Philippines, special (c) Payment for the usual cost of preparation for working
forces, home defense forces, barangay self-defense units and drawings, specifications, bills of materials, estimates, and
all other para-military units that now exist or which may other procedures preparatory to actual construction including
hereafter be organized who acts as bodyguard or security the purchase of materials and equipment, and all incidental
guard of any public official, candidate or any other person, expenses for wages of watchmen and other laborers
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employed for such work in the central office and field (x) Suspension of elective provincial, city, municipal or
storehouses before the beginning of such period: Provided, barangay officer. - The provisions of law to the contrary
That the number of such laborers shall not be increased over notwithstanding during the election period, any public official
the number hired when the project or projects were who suspends, without prior approval of the Commission, any
commenced; and elective provincial, city, municipal or barangay officer, unless
said suspension will be for purposes of applying the "Anti-
(d) Emergency work necessitated by the occurrence of a Graft and Corrupt Practices Act" in relation to the suspension
public calamity, but such work shall be limited to the and removal of elective officials; in which case the provisions
restoration of the damaged facility. of this section shall be inapplicable.
No payment shall be made within five days before the date of (y) On Registration of Voters:
election to laborers who have rendered services in projects or
works except those falling under subparagraphs (a), (b), (c), (1) Any person who, having all the qualifications and none of
and (d), of this paragraph. the disqualifications of a voter, fails without justifiable excuse
to register as a voter in an election, plebiscite or referendum
This prohibition shall not apply to ongoing public works in which he is qualified to vote.
projects commenced before the campaign period or similar
projects under foreign agreements. For purposes of this (2) Any person who knowingly makes any false or untruthful
provision, it shall be the duty of the government officials or statement relative to any of the data or information required
agencies concerned to report to the Commission the list of all in the application for registration.
such projects being undertaken by them.
(3) Any person who deliberately imprints or causes the
(2) The Ministry of Social Services and Development and any imprinting of blurred or indistinct fingerprints on any of the
other office in other ministries of the government performing copies of the application for registration or on the voter's
functions similar to said ministry, except for salaries of affidavit; or any person in charge of the registration of voters
personnel, and for such other routine and normal expenses, who deliberately or through negligence, causes or allows the
and for such other expenses as the Commission may imprinting of blurred or indistinct fingerprints on any of the
authorize after due notice and hearing. Should a calamity or aforementioned registration forms, or any person who
disaster occur, all releases normally or usually coursed tampers with the fingerprints in said registration records.
through the said ministries and offices of other ministries
shall be turned over to, and administered and disbursed by, (4) Any member of the board of election inspectors who
the Philippine National Red Cross, subject to the supervision approves any application which on its face shows that the
of the Commission on Audit or its representatives, and no applicant does not possess all the qualifications prescribed by
candidate or his or her spouse or member of his family within law for a voter; or who disapproves any application which on
the second civil degree of affinity or consanguinity shall its face shows that the applicant possesses all such
participate, directly or indirectly, in the distribution of any qualifications.
relief or other goods to the victims of the calamity or disaster;
and (5) Any person who, being a registered voter, registers anew
without filing an application for cancellation of his previous
(3) The Ministry of Human Settlements and any other office in registration.
any other ministry of the government performing functions
similar to said ministry, except for salaries of personnel and (6) Any person who registers in substitution for another
for such other necessary administrative or other expenses as whether with or without the latter's knowledge or consent.
the Commission may authorize after due notice and hearing.
(7) Any person who tampers with or changes without
(w) Prohibition against construction of public works, authority any data or entry in any voter's application for
delivery of materials for public works and issuance of registration.
treasury warrants and similar devices. - During the period of
forty-five days preceding a regular election and thirty days (8) Any person who delays, hinders or obstruct another from
before a special election, any person who (a) undertakes the registering.
construction of any public works, except for projects or works
exempted in the preceding paragraph; or (b) issues, uses or (9) Any person who falsely certifies or identifies another as a
avails of treasury warrants or any device undertaking future bona fide resident of a particular place or locality for the
delivery of money, goods or other things of value chargeable purpose of securing the latter's registration as a voter.
against public funds.
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(10) Any person who uses the voter's affidavit of another for (2) Any person who votes more than once in the same
the purpose of voting, whether or not he actually succeeds in election, or who, not being a registered voter, votes in an
voting. election.
(11) Any person who places, inserts or otherwise includes, as (3) Any person who votes in substitution for another whether
approved application for registration in the book of voters or with or without the latter's knowledge and/or consent.
in the provincial or national central files of registered voters,
the application of any fictitious voter or any application that (4) Any person who, not being illiterate or physically disabled,
has not been approved; or removes from, or otherwise takes allows his ballot to be prepared by another, or any person
out of the book of voters or the provincial or national central who prepares the ballot of another who is not illiterate or
files of registered voters any duly approved voter's physically disabled, with or without the latter's knowledge
application, except upon lawful order of the Commission, or and/or consent.
of a competent court or after proper cancellation as provided
in Sections 122, 123, 124 and 125 hereof. (5) Any person who avails himself of any means of scheme to
discover the contents of the ballot of a voter who is preparing
(12) Any person who transfers or causes the transfer of the or casting his vote or who has just voted.
registration record of a voter to the book of voters of another
polling place, unless said transfer was due to a change of (6) Any voter who, in the course of voting, uses a ballot other
address of the voter and the voter was duly notified of his than the one given by the board of election inspectors or has
new polling place. in his possession more than one official ballot.
(13) Any person who asks, demands, takes, accepts or (7) Any person who places under arrest or detains a voter
possesses, directly or indirectly, the voter's affidavit of without lawful cause, or molests him in such a manner as to
another, in order to induce the latter to withhold his vote, or obstruct or prevent him from going to the polling place to
to vote for or against any candidate in an election or any issue cast his vote or from returning home after casting his vote, or
in a plebiscite or referendum. It shall be presumed prima to compel him to reveal how he voted.
facie that the asking, demanding, taking, accepting, or
possessing is with such intent if done within the period (8) Any member of the board of election inspectors charged
beginning ten days before election day and ending ten days with the duty of reading the ballot during the counting of
after election day, unless the voter's affidavit of another and votes who deliberately omits to read the vote duly written on
the latter are both members of the same family. the ballot, or misreads the vote actually written thereon or
reads the name of a candidate where no name is written on
(14) Any person who delivers, hands over, entrusts, gives, the ballot.
directly or indirectly his voter's affidavit to another in
consideration of money or other benefit or promises thereof, (9) Any member of the board of election inspectors charged
or takes or accepts such voter's affidavit directly or indirectly, with the duty of tallying
by giving or causing the giving of money or other benefit or
making or causing the making of a promise thereof. the votes in the tally board or sheet, election returns or other
prescribed form who deliberately fails to record a vote
(15) Any person who alters in any manner, tears, defaces, therein or records erroneously the votes as read, or records a
removes or destroys any certified list of voters. vote where no such vote has been read by the chairman.
(16) Any person who takes, carries or possesses any blank or (10) Any member of a board of election inspectors who has
unused registration form already issued to a city or made possible the casting of more votes than there are
municipality outside of said city or municipality except as registered voters.
otherwise provided in this Code or when directed by express
order of the court or of the Commission. (11) Any person who, for the purpose of disrupting or
obstructing the election process or causing confusion among
(17) Any person who maliciously omits, tampers or transfers the voters, propagates false and alarming reports or
to another list the name of a registered voter from the official information or transmits or circulates false orders, directives
list of voters posted outside the polling place. or messages regarding any matter relating to the printing of
official ballots, the postponement of the election, the transfer
(z) On voting: of polling place or the general conduct of the election.
(1) Any person who fails to cast his vote without justifiable (12) Any person who, without legal authority, destroys,
excuse. substitutes or takes away from the possession of those having
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legal custody thereof, or from the place where they are (21) Any person who, through any act, means or device,
legally deposited, any election form or document or ballot violates the integrity of any official ballot or election returns
box which contains official ballots or other documents used in before or after they are used in the election.
the election.
(22) Any person who removes, tears, defaces or destroys any
(13) Any person having legal custody of the ballot box certified list of candidates posted inside the voting booths
containing the official ballots used in the election who opens during the hours of voting.
or destroys said box or removes or destroys its contents
without or against the order of the Commission or who, (23) Any person who holds or causes the holding of an
through his negligence, enables any person to commit any of election on any other day than that fixed by law or by the
the aforementioned acts, or takes away said ballot box from Commission, or stops any election being legally held.
his custody.
(24) Any person who deliberately blurs his fingerprint in the
(14) Any member of the board of election inspectors who voting record.
knowingly uses ballots other than the official ballots, except
in those cases where the use of emergency ballots is (aa) On Canvassing:
authorized.
(1) Any chairman of the board of canvassers who fails to give
(15) Any public official who neglects or fails to properly due notice of the date, time and place of the meeting of said
preserve or account for any ballot box, documents and forms board to the candidates, political parties and/or members of
received by him and kept under his custody. the board.
(16) Any person who reveals the contents of the ballot of an (2) Any member of the board of canvassers who proceeds
illiterate or disabled voter whom he assisted in preparing a with the canvass of the votes and/or proclamation of any
ballot. candidate which was suspended or annulled by the
Commission.
(17) Any person who, without authority, transfers the
location of a polling place. (3) Any member of the board of canvassers who proceeds
with the canvass of votes and/or proclamation of any
(18) Any person who, without authority, prints or causes the candidate in the absence of quorum, or without giving due
printing of any ballot or election returns that appears as notice of the date, time and place of the meeting of the board
official ballots or election returns or who distributes or causes to the candidates, political parties, and/or other members of
the same to be distributed for use in the election, whether or the board.
not they are actually used.
(4) Any member of the board of canvassers who, without
(19) Any person who, without authority, keeps, uses or authority of the Commission, uses in the canvass of votes
carries out or causes to be kept, used or carried out, any and/or proclamation of any candidate any document other
official ballot or election returns or printed proof thereof, than the official copy of the election returns.
type-form mould, electro-type printing plates and any other
plate, numbering machines and other printing paraphernalia (bb) Common to all boards of election inspectors and boards
being used in connection with the printing of official ballots of canvassers:
or election returns.
(1) Any member of any board of election inspectors or board
(20) Any official or employee of any printing establishment or of canvassers who deliberately absents himself from the
of the Commission or any member of the committee in meetings of said body for the purpose of obstructing or
charge of the printing of official ballots or election returns delaying the performance of its duties or functions.
who causes official ballots or election returns to be printed in
quantities exceeding those authorized by the Commission or (2) Any member of any board of election inspectors or board
who distributes, delivers, or in any manner disposes of or of canvassers who, without justifiable reason, refuses to sign
causes to be distributed, delivered, or disposed of, any official and certify any election form required by this Code or
ballot or election returns to any person or persons not prescribed by the Commission although he was present
authorized by law or by the Commission to receive or keep during the meeting of the said body.
official ballots or election returns or who sends or causes
them to be sent to any place not designated by law or by the (3) Any person who, being ineligible for appointment as
Commission. member of any board of election inspectors or board of
canvassers, accepts an appointment to said body, assumes
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office, and actually serves as a member thereof, or any of catering to foreign tourists may be exempted for justifiable
public officer or any person acting in his behalf who appoints reasons upon prior authority of the Commission: Provided,
such ineligible person knowing him to be ineligible. further, That foreign tourists taking intoxicating liquor in said
authorized hotels or establishments are exempted from the
(4) Any person who, in the presence or within the hearing of provisions of this subparagraph.
any board of election inspectors or board of canvassers
during any of its meetings, conducts himself in such a (2) Any person who opens in any polling place or within a
disorderly manner as to interrupt or disrupt the work or radius of thirty meters thereof on election day and during the
proceedings to the end of preventing said body from counting of votes, booths or stalls of any kind for the sale,
performing its functions, either partly or totally. dispensing or display of wares, merchandise or refreshments,
whether solid or liquid, or for any other purposes.
(5) Any public official or person acting in his behalf who
relieves any member of any board of election inspectors or (3) Any person who holds on election day, fairs, cockfights,
board of canvassers or who changes or causes the change of boxing, horse races, jai-alai or any other similar sports.
the assignments of any member of said board of election
inspectors or board of canvassers without authority of the (4) Refusal to carry election mail matter. - Any operator or
Commission. employee of a public utility or transportation company
operating under a certificate of public convenience, including
(cc) On candidacy and campaign: government-owned or controlled postal service or its
employees or deputized agents who refuse to carry official
(1) Any political party which holds political conventions or election mail matters free of charge during the election
meetings to nominate its official candidates earlier that the period. In addition to the penalty prescribed herein, such
period fixed in this Code. refusal shall constitute a ground for cancellation or
revocation of certificate of public convenience or franchise.
(2) Any person who abstracts, destroys or cancels any
certificate of candidacy duly filed and which has not been (5) Prohibition against discrimination in the sale of air time. -
cancelled upon order of the Commission. Any person who operates a radio or television station who
without justifiable cause discriminates against any political
(3) Any person who misleads the board of election inspectors party, coalition or aggroupment of parties or any candidate in
by submitting any false or spurious certificate of candidacy or the sale of air time. In addition to the penalty prescribed
document to the prejudice of a candidate. herein, such refusal shall constitute a ground for cancellation
or revocation of the franchise.
(4) Any person who, being authorized to receive certificates
of candidacy, receives any certificate of candidacy outside the Section 263. Persons criminally liable. - The principals,
period for filing the same and makes it appear that said accomplices, and accessories, as defined in the Revised Penal
certificate of candidacy was filed on time; or any person who, Code, shall be criminally liable for election offenses.
by means of fraud, threat, intimidation, terrorism or coercion,
causes or compels the commission of said act. If the one responsible be a political party or an entity, its
president or head, the officials and employees of the same,
(5) Any person who, by any device or means, jams, obstructs performing duties connected with the offense committed and
or interferes with a radio or television broadcast of any lawful its members who may be principals, accomplices, or
political program. accessories shall be liable, in addition to the liability of such
party or entity.
(6) Any person who solicits votes or undertakes any
propaganda, on the day of election, for or against any Section 264. Penalties.
candidate or any political party within the polling place or
within a radius of thirty meters thereof. 1. Any person found guilty of any election offense under this
Code shall be punished with imprisonment of not less than
(dd) Other prohibitions: one year but not more than six years and shall not be subject
to probation.
(1) Any person who sells, furnishes, offers, buys, serves or
takes intoxicating liquor on the days fixed by law for the 2. In addition, the guilty party shall be sentenced to suffer
registration of voters in the polling place, or on the day disqualification to hold public office and deprivation of the
before the election or on election day: Provided, That hotels right of suffrage.
and other establishments duly certified by the Ministry of
Tourism as tourist oriented and habitually in the business of
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3. If he is a foreigner, he shall be sentenced to deportation law, the death penalty shall not be imposed upon the
which shall be enforced after the prison term has been offender except where murder, rape or arson is involved.
served.
3. In all cases, the penalty shall not be higher than reclusion
4. Any political party found guilty shall be sentenced to pay a perpetua and the offender shall be entitled to reasonable bail
fine of not less than ten thousand pesos, which shall be upon sufficient sureties to be granted speedily by the
imposed upon such party after criminal action has been competent court. Moreover,
instituted in which their corresponding officials have been
found guilty. 4. loss of the right of citizenship and confiscation of property
shall not be imposed.
5. In case of prisoner or prisoners illegally released from any
penitentiary or jail during the prohibited period as provided in 5. Any officer or a person who shall violate any provision of
Section 261, paragraph (n) of this Code, the director of this section shall be punished by imprisonment of not less
prisons, provincial warden, keeper of the jail or prison, or than six (6) years and one (1) day nor more than twelve (12)
persons who are required by law to keep said prisoner in years, with the accessory penalties for election offenses. The
their custody shall, if convicted by a competent court, be provision of Section 267 of this Code shall not apply to
sentenced to suffer the penalty of prision mayor in its prosecution under this section.
maximum period if the prisoner or prisoners so illegally
released commit any act of intimidation, terrorism of Section 267. Prescription. - Election offenses shall prescribe
interference in the election. after five years from the date of their commission. If the
discovery of the offense be made in an election contest
6. Any person found guilty of the offense of failure to register proceedings, the period of prescription shall commence on
or failure to vote shall, upon conviction, be fined one hundred the date on which the judgment in such proceedings becomes
pesos. In addition, he shall suffer disqualification to run for final and executory.
public office in the next succeeding election following his
conviction or be appointed to a public office for a period of Section 268. Jurisdiction of courts. - The regional trial court
one year following his conviction. shall have the exclusive original jurisdiction to try and decide
any criminal action or proceedings for violation of this Code,
Section 265. Prosecution. - The Commission shall, through its except those relating to the offense of failure to register or
duly authorized legal officers, have the exclusive power to failure to vote which shall be under the jurisdiction of the
conduct preliminary investigation of all election offenses metropolitan or municipal trial courts. From the decision of
punishable under this Code, and to prosecute the same. The the courts, appeal will lie as in other criminal cases.
Commission may avail of the assistance of other prosecuting
arms of the government: Provided, however, That in the Section 269. Preferential disposition of election offenses. -
event that the Commission fails to act on any complaint The investigation and prosecution of cases involving
within four months from his filing, the complainant may file violations of the election laws shall be given preference and
the complaint with the office of the fiscal or with the Ministry priority by the Commission on Elections and prosecuting
of Justice for proper investigation and prosecution, if officials.
warranted.
1. Their investigation shall be commenced without delay, and
Section 266. Arrest in connection with the election shall be resolved by the investigating officer within five days
campaign. from its submission for resolution.
1. No person shall be arrested and/or detained at any time 2. The courts shall likewise give preference to election
for any alleged offense committed during and in connection offenses over all other cases, except petitions for writ of
with any election through any act or language tending to habeas corpus. Their trial shall likewise be commenced
support or oppose any candidate, political party or coalition without delay, and shall be conducted continuously until
of political parties under or pursuant to any order of terminated, and the case shall be decided within thirty days
whatever name or nature and by whomsoever issued except from its submission for decision.
only upon a warrant of arrest issued by a competent judge
after all the requirements of the Constitution shall have been
strictly complied with.
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PART 5: LOCAL GOVERNMENT Autonomy vs Decentralization
(Limbona vs Conte Mangelin et al)
I. Article X LOCAL GOVERNMENT 1987 Constitution
Autonomy- Also involves decentralization of administration
Section 1. The territorial and political subdivisions of the or power and this happens when administrative powers are
Republic of the Philippines are the provinces, cities, delegated by the central government to its political
municipalities, and barangays. There shall be autonomous subdivision with the end in view of making local government
regions in Muslim Mindanao and the Cordilleras as units more responsive, accountable, and self-reliant
hereinafter provided. communities.
Territorial and political subdivisions of the Republic of the Decentralization- The same is given in favour of the local
Philippines: government unit so it will be more independent and free to
1. Provinces move on its own with the least intervention from the central
2. Cities government. In this manner, the autonomous local
3. Municipalities government unit becomes accountable not to the central
4. Barangays government but to its constituency.
5. The Autonomous Region
Operative Principles of Decentralization
Right of the political subdivisions to exist as political and
territorial subdivision- It is a constitutional right. However, 1. There shall be an effective allocation among the different
the authority to create, divide, merge or abolish a local local government units of their respective powers, functions,
government or its boundaries is dependent upon the power responsibilities, and resources.
of congress in the case of a province, city, municipality, or any
other subdivision, or by ordinance passed by the Sangguniang 2. There shall be established in every local government unit
Panlalawigan or Sangguniang Panlungsod concerned in the an accountable, efficient and dynamic organizational
case of Barangay. structure and operating mechanism that will meet the
priority needs and service requirements of its communities.
Section 2. The territorial and political subdivisions shall
enjoy local autonomy. 3. Subject to civil service law, rules, regulations, local officials
and employees paid wholly or mainly from local funds shall
It is a declared policy of the state that the territorial and be appointed or removed according to merit and fitness, by
political subdivisions of the state should enjoy genuine the appropriate appointing authority.
meaningful local autonomy to enable them to attain their
fullest development as a self-reliant communities and make 4. The vesting of duty, responsibility and accountability in
them more effective partners in the attainment of national local government unit shall be accompanied with provision
goals. (Sec.2, RA 7160) for reasonably adequate resources to discharge their powers
and effectively carry out their functions; hence, they shall
It is also the policy of the state to ensure the accountability of have the power to create and broaden their own sources of
local government units through the institution of effective revenue and the right to a just share in national taxes and an
mechanisms of recall, initiative, and referendum. equitable share in the proceeds of the utilization and
development of the national wealth within their respective
It is likewise the policy of the state to require all national areas.
agencies and offices to conduct periodic consultations with
appropriate local government units, non-governmental and 5. Provinces with respect to component cities and
people’s organizations, and other concerned sectors of the municipalities, and cities and municipalities with respect to
community before any project or program is implemented in component barangays shall ensure that the acts of their
their respective jurisdictions. component units are within the scope of their prescribed
powers and functions.
Towards the attainment of the said policy, the state shall
provide for a more responsive and accountable local 6. LGUs may group themselves, consolidate or coordinate
government structure institutes through a system of their efforts, services and resources for purposes commonly
decentralization whereby local governments will be given beneficial to them.
more powers, authority, responsibilities, and resources. The
process of decentralization shall proceed from the National 7. The capabilities of LGUs, especially the municipalities and
Government to the local government units. barangays, shall be enhanced by providing them with
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opportunities to participate actively in the implementation of 3. It must provide for the qualifications, elections,
national programs and projects. appointment and removal, term, salaries, powers and
functions and duties of local offices, and all other matters
8. There shall be a continuing mechanism to enhance the relating to the organization and operation of local units.
local autonomy not only by legislative enabling acts but also
by administrative and organizational reforms. SECTION 4. The President of the Philippines shall exercise
general supervision over local governments. Provinces with
9. LGUs shall share with the national government the respect to component cities and municipalities, and cities
responsibility in the management and maintenance of and municipalities with respect to component barangays
ecological balance within their territorial jurisdiction, subject shall ensure that the acts of their component units are
to the provisions of the Local Government Code and national within the scope of their prescribed powers and functions.
policies.
Supervisory powers:
10. Effective mechanisms for ensuring the accountability of
LGUs to their respective constituents shall be strengthened in 1. Supervisory power of the president over Local
order to upgrade continually the quality of local leadership. Government.- The president of the Philippines shall exercise
general supervision over LGUs
11. The realization of local autonomy shall be facilitated
through improved coordination of national government 2. Supervisory power of provinces to component cities and
policies and programs and extension of adequate technical municipalities.- The superior local government unit is entitled
and material assistance to less developed and deserving to ensure that the acts of their component units are within
LGUs. the scope of their prescribed powers and functions.
12. The participation of the private sector in local governance, 3. Supervisory power of cities and municipalities with
particularly in the delivery of basic services, shall be respect to component barangay.- The superior LGU is limited
encouraged to ensure the viability of local autonomy as an to ensure that the acts of their component units are within
alternative strategy for sustainable development. the scope of their prescribed powers and functions.
13. The national government shall ensure that The superior LGU cannot substitute its judgment in
decentralization contributes to the continuing improvement discretionary matters for that of the component
of the performance of LGUs and the quality of community local unit.
life.
SECTION 5. Each local government unit shall have the power
SECTION 3. The Congress shall enact a local government to create its own sources of revenues and to levy taxes, fees,
code which shall provide for a more responsive and and charges subject to such guidelines and limitations as the
accountable local government structure instituted through a Congress may provide, consistent with the basic policy of
system of decentralization with effective mechanisms of local autonomy. Such taxes, fees, and charges shall accrue
recall, initiative, and referendum, allocate among the exclusively to the local governments.
different local government units their powers,
responsibilities, and resources, and provide for the The prevailing doctrine in this jurisdiction is still to the effect
qualifications, election, appointment and removal, term, that municipal corporations do not have the inherent powers
salaries, powers and functions and duties of local officials, to tax. Sec. 5 confers on municipal corporations a general
and all other matters relating to the organization and power to levy taxes, fees, and charges, subject to the
operation of the local units. guidelines and limitations imposed by congress. This means
that municipal corporations may exercise the said power to
Constitutional mandate of the LGC to provide for the levy taxes, fees, and charges even without statutory grant
following: provided only that the guidelines and limitations imposed by
congress are complied with.
1. For a more responsive and accountable local government
structure instituted through a system of decentralization with Sources of revenues of municipal corporations:
effective mechanisms for recall, initiative, and referendum. 1. Those raised from taxes, fees, and charges, as
aforementioned.
2. It must allocate among the different LGUs their powers, 2. Internal revenue allotments from the national government.
responsibilities, and resources. 3. Lease of public utilities.
4. Funds derived from national aid such as the Countrywide
Development Fund).
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5. Donations Section 11 gives congress the power to create special
metropolitan political subdivisions but this power is subject
SECTION 6. Local government units shall have a just share, to the following limitations:
as determined by law, in the national taxes which shall be
automatically released to them. 1. It is subject to the approval of the majority of the votes
cast in the plebiscite in the political units directly affected.
SECTION 7. Local governments shall be entitled to an
equitable share in the proceeds of the utilization and 2. The component cities and municipalities shall retain their
development of the national wealth within their respective basic autonomy and shall be entitled to their own local
areas, in the manner provided by law, including sharing the executives and local assemblies.
same with the inhabitants by way of direct benefits.
3. The jurisdiction of the metropolitan authority that will be
An enabling law is necessary to determine the shares to the created shall be limited to basic services requiring
local governments. coordination
SECTION 8. The term of office of elective local officials, SECTION 12. Cities that are highly urbanized, as determined
except barangay officials, which shall be determined by law, by law, and component cities whose charters prohibit their
shall be three years and no such official shall serve for more voters from voting for provincial elective officials, shall be
than three consecutive terms. Voluntary renunciation of the independent of the province. The voters of component cities
office for any length of time shall not be considered as an within a province, whose charters contain no such
interruption in the continuity of his service for the full term prohibition, shall not be deprived of their right to vote for
for which he was elected. elective provincial officials.
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economic and social growth and development of the units in nominees from multisectoral bodies. The organic act shall
the region. define the basic structure of government for the region
consisting of the executive department and legislative
2 powers referred assembly, both of which shall be elective and representative
of the constituent political units. The organic acts shall
1. Power of the president to provide for regional likewise provide for special courts with personal, family, and
development councils. property law jurisdiction consistent with the provisions of
this Constitution and national laws.
2. To provide for other similar bodies composed of: local
government officials, regional heads of departments and The creation of the autonomous region shall be effective
other offices. when approved by majority of the votes cast by the
constituent units in a plebiscite called for the purpose,
3. Representatives of NGOs within the regions. provided that only provinces, cities, and geographic areas
voting favorably in such plebiscite shall be included in the
This power is given to the president for the following autonomous region.
purposes:
1. To attain administrative decentralization. SECTION 19. The first Congress elected under this
2. To strengthen the autonomy of the units therein. Constitution shall, within eighteen months from the time of
3. To accelerate the economic and social growth and organization of both Houses, pass the organic acts for the
development of the units in the regions. autonomous regions in Muslim Mindanao and the
Cordilleras.
Autonomous Region
The powers granted to autonomous regions are enumerated
SECTION 15. There shall be created autonomous regions in by law. If they are not included in the enumeration, they
Muslim Mindanao and in the Cordilleras consisting of remain vested in the national government.
provinces, cities, municipalities, and geographical areas
sharing common and distinctive historical and cultural In order to realize the establishment of the autonomous
heritage, economic and social structures, and other relevant regions, congress is mandated by sec. 19 to pass the organize
characteristics within the framework of this Constitution acts for each of the autonomous regions within 18 months
and the national sovereignty as well as territorial integrity of from the time of the organization of the first congress. Now,
the Republic of the Philippines. two organic acts have already been approved by congress,
one creating the autonomous regions in Muslim Mindanao
Composition of autonomous regions- Consists of provinces, and the other, the Cordillera Autonomous region.
cities, municipalities and geographical areas sharing common
and distinctive historical and cultural heritage, economic and After the approval of the said organic acts, the said
social structures and other relevant characteristics. autonomous regions are created only when the said organic
acts were ratified by a majority of the votes cast by the
Autonomous Regions established only within the constituent units in a plebiscite held for that purpose.
framework of the constitution and territorial integrity of the
Philippines- This means that the autonomous regions now Plebiscite
existing, or which may exist in the future, are still part and 1. In Barangays- The plebiscite will be held in the
parcel of the Republic of the Philippines and should therefore municipality or city as the case may be.
be bound by our constitution. 2. Municipality or Component City- The plebiscite will be
held in the province.
SECTION 16. The President shall exercise general supervision 3. Autonomous Region- The plebiscite will be held in the
over autonomous regions to ensure that the laws are rgion affected.
faithfully executed.
SECTION 20. Within its territorial jurisdiction and subject to
SECTION 17. All powers, functions, and responsibilities not the provisions of this Constitution and national laws, the
granted by this Constitution or by law to the autonomous organic act of autonomous regions shall provide for
regions shall be vested in the National Government. legislative powers over:
SECTION 18. The Congress shall enact an organic act for each (1) Administrative organization;
autonomous region with the assistance and participation of
the regional consultative commission composed of (2) Creation of sources of revenues;
representatives appointed by the President from a list of
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(3) Ancestral domain and natural resources; Territorial and political subdivisions of the Republic of the
Philippines
(4) Personal, family, and property relations; 1. Provinces, cities, municipalities, barangays, autonomous
regions.
(5) Regional urban and rural planning development; 2. Special metropolitan political subdivisions.
(6) Economic, social, and tourism development; Province- Composed of a cluster of municipalities, or
municipalities and component cities. It helps in governing
(7) Educational policies; local government units within its territorial jurisdiction.
(8) Preservation and development of the cultural heritage; City- Composed of more urbanized and developed barangays.
and
Municipality- Composed of barangays.
(9) Such other matters as may be authorized by law for the
promotion of the general welfare of the people of the Barangay- It is a basic political unit. It is a planning and
region. implementing unit of government policies and programs. It is
also in the barangay level where the differenced and disputes
SECTION 21. The preservation of peace and order within the among residents are settled amicably.
regions shall be the responsibility of the local police
agencies which shall be organized, maintained, supervised, Creation, division, merger, abolition of local government
and utilized in accordance with applicable laws. The defense units.
and security of the regions shall be the responsibility of the
National Government. Section 7. Creation and Conversion. - As a general rule, the
creation of a local government unit or its conversion from
3 Problems in Sec 21 one level to another level shall be based on verifiable
1. Preservation of peace and order within the regions. indicators of viability and projected capacity to provide
2. Defense of the regions. services, to wit:
3. Security of the regions.
(a) Income. - It must be sufficient, based on acceptable
II. PUBLIC CORPORATIONS standards, to provide for all essential government facilities
and services and special functions commensurate with the
Public Corporation- If a corporation is created by the state as size of its population, as expected of the local government
its own agency to help the state in performing or exercising unit concerned;
governmental functions, said corporation is considered a
public corporation. Otherwise, it is private. (b) Population. - It shall be determined as the total number of
inhabitants within the territorial jurisdiction of the local
2 Kinds of Public Corporation government unit concerned; and
1. Quasi- corporation- It is created by the state for a limited
purpose. (c) Land Area. - It must be contiguous, unless it comprises
2. Municipal corporation- It is created for the purpose of two or more islands or is separated by a local government
local government. unit independent of the others; properly identified by metes
and bounds with technical descriptions; and sufficient to
Elements of a municipal corporation provide for such basic services and facilities to meet the
1. Territory requirements of its populace.
2. Inhabitants
3. Legally created or incorporated Compliance with the foregoing indicators shall be attested to
4. Corporate name by the Department of Finance (DOF), the National Statistics
Office (NSO), and the Lands Management Bureau (LMB) of
Dual nature and function of a LGU the Department of Environment and Natural Resources
1. Public or governmental- Agent of the state for the (DENR).
government of the territory and the inhabitants.
2. Private or proprietary- It is an agent of the community for Lopez vs COMELEC- The Supreme court upheld the validity of
the purpose of administering local affairs. the creation of Metropolitan Manila. The authority then of
the president was authorized by the referendum held on
February 27, 1995 and the said authority includes the
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restructuring of local governments in the four cities and 13 1. Governmental powers
municipalities of Metropolitan Manila Powers expressly granted, implied therefrom,
necessary, appropriate or incidental for their
Internal Revenue Allotments- Should be included in the efficient and effective governance, and those which
computation of the average annual income of the are essential to the promotion of general welfare.
municipality for purposes of determining whether the Power to create their own sources of revenue, levy
municipality may be validly converted into a city. taxes, fees and charges which shall accrue to their
case and disposition; to have a just share in the
Section 8. Division and Merger. - Division and merger of national taxes; to have equitable share in the
existing local government units shall comply with the same proceeds from the utilization and development of
requirements herein prescribed for their creation: Provided, the national wealth and resources.
however, That such division shall not reduce the income, Power of eminent domain
population, or land area of the local government unit or units Power to authorize reclassification of agricultural
concerned to less than the minimum requirements prescribed lands.
in this Code: Provided, further, That the income classification Power to close and open roads.
of the original local government unit or units shall not fall Local legislative power
below its current classification prior to such division. Authority over police units.
To discharge functions and responsibilities of
The income classification of local government units shall be national agencies and offices devolved to them.
updated within six (6) months from the effectivity of this
Code to reflect the changes in their financial position 2. Corporate Powers
resulting from the increased revenues as provided herein. To sue and be sued
To have and use a corporate name
Section 9. Abolition of Local Government Units. - A local
To enter into contracts
government unit may be abolished when its income,
To have continuous succession in its corporate name
population, or land area has been irreversibly reduced to less
To perform and exercise such other powers that are
than the minimum standards prescribed for its creation under
granted to a corporation, subject to the limitations
Book III of this Code, as certified by the national agencies
provided in the code or in other laws.
mentioned in Section 7 hereof to Congress or to the
sangguniang concerned, as the case may be.
Scope, limitation and requisites of the four principal powers
The law or ordinance abolishing a local government unit shall
of local government units
specify the province, city, municipality, or barangay with
1. General Welfare Clause
which the local government unit sought to be abolished will
2. Taxation
be incorporated or merged.
3. Eminent Domain
4. Local Legislative Power
De facto municipal corporation- When it proceeds to assume
or exercise corporate powers on the basis of a law authorizing
General welfare clause- It is the statutory grant of police
its corporation, it attempts in good faith to organize under
power to LGUs. It includes those powers expressly granted to
the said law, and it has a colourable compliance with the
LGUs including those which are implied from those expressly
same.
granted, and including those which are necessary,
appropriate or incidental for its efficient governance, and
The legal existence of a municipal corporation can only be
those which are essential to the promotion of the general
attacked directly through a Quo Warranto Proceeding or in
welfare.
any other direct proceeding.
Responsibility of the LGUs under the general welfare clause:
Municipality of Jimenez Misamis Occidental vs Borja- The
1. The preservation and enrichment of culture.
party making the challenge may be already estopped to
2. Promote health and safety.
question the legal existence of a municipal corporation,
3. Enhance the right of the people to a balanced ecology.
especially if on account of various acts on the part of the
4. Encourage and support the development of appropriate
government, it has in effect, accorded recognition and
and self-reliant scientific and technological capabilities.
acknowledgment to its existence. In this case, what may have
5. Improve public morals
started as a de facto municipal corporation, acquired a de
6. Enhance economic prosperity and social justice.
jure status.
7. Promote full employment among their residents.
8. Maintain peace and order.
Powers and attributes of LGUs
9. Preserve the comfort and convenience of their inhabitants.
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Limitations on the exercise of powers under the General 3. Local budgets shall operationalize approved local
Welfare Clause development plans.
1. To be exercised only within the territorial limits of the LGU, 4. LGU’s shall ensure that their respective budgets
except for protection of water supply. incorporate the requirements of their component units and
2. Equal protection to the interest of the public in general. provide for equitable allocation of resources among these
3. Due process which means that the means employed are component units.
reasonably necessary for the accomplishment of the purpose 5. National planning shall be based on local planning to
and not duly oppressive to individuals. ensure that the needs and aspirations of the people as
4. Conformity to the constitution which means that the articulated by the LGUs in their respective local development
activities allowed by law cannot be prohibited. They can only plans are considered in the formulation of budgets of national
be regulated. line agencies or offices.
6. The LGU shall endeavour a balanced budget in each fiscal
Test to determine the validity of police power year of operation.
1. The subject matter of the law must be lawful, which means
that public interest, as distinguished from those of a Sharing of fiscal responsibility- It shall be shared by all those
particular interest, requires the interference of the state. exercising authority over the financial affairs, transactions,
2. The means employed to attain the purpose of the law must and operations of LGUs.
be reasonably necessary and not unduly oppressive upon
individuals. Eminent Domain- LGUs have no inherent power to exercise
eminent domain. It must be explicitly delegated as, in fact, it
Power to tax fundamental principles is so provided by sec.19 of the LGC.
1. Uniform taxation
2. Equitable taxation The power of eminent domain may not be exercised unless a
3. Progressive system of taxation valid and definite offer has been previously made to the
4. Collected only for public purposes and shall inure solely to owner and such offer was not accept.
the LGU unless specifically provided by law.
5. Collection of local taxes, fees, charges, and other The LGU can immediately take possession of the property
impositions shall in no case be let to any person. subject of eminent domain upon making a deposit with the
proper court of at least 15% of the fair market value of the
Basic principles to be observed regarding financial property based on the current tax declaration of the property
transactions and operations of LGUs to be expropriated.
1. No money shall be paid out of the local treasury except in
pursuance of an appropriation ordinance or law. Eminent domain exercised by congress- Is plenary. It can
2. Local government funds and monies shall be spent solely reach every form of property which may be needed by the
for public purposes. state for public use. In fact, it can reach even private property
3. Trust funds in the local treasury shall not be paid out already dedicated to public use, or even property already
except in the fulfilment of the purpose for which the trust devoted to religious worship.
was created or the funds received.
Eminent domain exercised by LGUs- Not strictly speaking a
Accountability and responsibility power of eminent domain but merely a power of inferior
1. All monies officially received by a local government officer domain which means that local government units can only
in any capacity or in any occasion shall be accounted for as exercise such power which is delegated to it.
local funds unless otherwise provided by law.
2. Every LGU officer whose duties permit or require custody Ordinance vs Resolution
of local funds shall be properly bonded, and said officer shall
be accountable and responsible for said funds and for the 1. Ordinance
safekeeping thereof. It is a law
It has to undergo three readings before it is finally
Budgeting approved into law.
1. Local budgets shall be based on functions, activities and 2. Resolution
projects in terms of expected results. It is merely an expression of sentiment or opinion of
2. Local budgets plans and goals shall, as far as practicable, be a law-making body on a specific matter.
harmonized with national development plans, goals, and Readings are not required unless decided otherwise
strategies in order to optimize the utilization of resources and by a majority of the members of the council.
to avoid duplication in the use of fiscal and physical
resources.
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Closure and opening of roads- Pursuant to an ordinance, A city or municipality may, through an ordinance passed
LGUs may close or open the same permanently or after conducting public hearings for the purpose, authorize
temporarily. the reclassification of agricultural lands and provide for the
manner of their utilization or disposition.
Requirements to a permanent closure
1. When the land ceases to be economically feasible and
1. Said ordinance must be approved by at least 2/3 of all the sound for agricultural purposes as determined by the
members of the Sanggunian, and when necessary, it shall Department of agriculture.
provide an adequate substitute.
2. Where the land shall have substantially greater economic
2. Adequate provision for the maintenance of public safety value for residential, commercial, or industrial purposes as
must be made. determined by the Sanggunian.
3. The property may be used or conveyed for any purpose for Provided that such reclassification shall be limited to the
which other real property may be lawfully used or conveyed. following percentage of the total agricultural land area at
But no freedom park shall be closed permanently without the time of the passage of the ordinance
provision for its transfer or relocation to a new site. 1. For highly urbanized cities and independent component
cities 15%.
Temporary closure- During an actual emergency, fiesta, 2. For component cities and 1st to 3rd class municipalities 10%
public rallies and etc. 3. For 4th and 6th class municipalities 5%
Cabrera vs CA- A person allegedly suffered damage and Provided that the agricultural land distributed to land reform
inconvenience on account of a street which was ordered beneficiaries shall not be affected by such reclassification.
closed, cannot recover compensation for the said closure
because he has still a reasonable access to the general system Local Legislative Power
of the streets. Whatever the damages and inconveniences
suffered by the petitioner as a result of the new road is Requisites of a valid ordinance
insignificant compared to the greater convenience derived 1. It must not be contrary to the constitution and any statute.
from the said road, plus the fact that the new road adds 2. It must not be unfair or oppressive.
beauty and color not only to the town but also to the whole 3. It must not be partial or discriminatory.
province. 4. It must not prohibited but may regulate trade.
5. It must not be unreasonable.
Primary classification of lands- The responsibility over 6. It must be general in circulation and consistent with public
primary classification of lands of the public domain is vested policy.
in the president upon the recommendation of the DENR. Said
power and responsibility is the sole prerogative of the When an ordinance considered approved
president.
1. When the local chief executive approves the same, affixing
Secondary classification of lands- The authority to reclassify his signature on each and every page thereof.
agricultural lands into residential, commercial, industrial, is
vested in the LGUs. 2. When the local chief executive vetoes the same and the
veto is overridden by 2/3 vote of all the members of the
Agricultural lands reclassified by LGUs into residential, Sanggunian.
commercial, industrial covered by the CARP depends if the
said reclassification was made by the LGU and approved by 3. When it is not acted upon within 15 days in case of a
the HLURB or its predecessor agencies, prior to June 15, 1988, province, or 10 days in case of a city or municipality,
the said lands are not covered by CARP. The only otherwise the ordinance shall be deemed approved as if he
requirement, however, is to secure an exemption clearance signed it.
from the DAR. This is what is called as Declaration of Exempt
Status under DAR AO no. 6 1994. If the said lands, however, Veto power of the local chief executive
are reclassified after June 15, 1988, they are covered by the 1. He may veto an ordinance only once on the ground that is
CARP. Hence, the law on land conversion will apply. ultra vires, or that it is prejudicial to public welfare.
Specific authority of a city or municipality regarding Review of approved ordinances and resolutions- The same
reclassification of agricultural lands shall be forwarded to the Sangguniang Panlalawigan for
review. If it finds that the ordinance or resolution is beyond
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the power of the Sangguniang Panlungsod or Sangguniang Power of LGUs to acquire and convey real or personal
Bayan, it shall declare said ordinance or resolution invalid in property- It may alienate only patrimonial property upon
whole or in part. If no action is taken within 30 days, the proper authority.
same is presumed valid.
3 kinds of properties owned by a municipal corporation
Review of barangay ordinance- They shall be furnished to the
Sangguniang Panlungsod or Sangguniang Bayan for review. If 1. Public property- If the property is owned by the
the reviewing Sangguniang finds the barangay ordinances municipality in its public and governmental capacity, the
inconsistent with law or city or municipal ordinances, the property is public and congress has absolute control over it.
Sanggunian concerned shall within 30 days from the receipt
thereof, return the same with its comments and 2. Patrimonial Property- If the property is owned by the
recommendations to the sangguniang Barangay for municipality in its private or proprietary capacity, then it is
adjustment, amendment, or modification, in which case the patrimonial and congress has no absolute control over the
effectivity of the ordinance is suspended until the revision same.
called for it is effected. If no action is taken by the
Sangguniang Panlungsod or Sangguniang Bayan within 30 3. Legua communal or communal lands of a town- It is a
days, the ordinance is deemed approved. property held by the municipality for the state in trust for the
inhabitants, hence, the state is free to dispose it at will.
Effectivity of ordinance or resolution- It takes effect after 10
days from the date a copy thereof is posted in a bulletin Power of the LGU to enter into contracts
board at the entrance of the provincial capital, city, or
municipal or barangay hall, and in at least 2 other Requisities of valid municipal contract
conspicuous places in the local government unit concerned. 1. The LGU has the express, implied, or inherent power to
enter into the particular contract.
Ordinance with penal sanctions 2. The contract is entered into by the proper department,
board, committee, officer or agent. Unless otherwise
A. provinces provided by the code, no contract may be entered into by the
1. It shall be published in a newspaper of general circulation local chief executive on behalf of the LGU without prior
within the province where the local legislative body belongs. authorization by the Sanggunian concerned.
2. If there is no newspaper of general circulation within the 3. The contract must comply with certain substantive
province, posting of such an ordinance shall be made in all requirements.
municipalities and cities of the province where the 4. The contract must comply with the formal requisites of
Sanggunian of origin is situated. written contracts.
B. Independent component cities Otherwise, the contract is ultra vires and null and void.
1. The same shall be posted. The contract may be ratified if the defects are either the 3rd
2. In addition, it shall be published once in a local newspaper and 4th requisite.
of general circulation within the city. If there is no such
newspaper within the city, the publication shall be made in Manatan vs Municipality of Luna La Union- The municipality
any newspaper of general circulation. cannot adopt a subsequent resolution setting aside the said
contract of lease and grant of privilege unless the subsequent
Corporate powers of LGUs resolution is a police measure, in which case, the exercise of
police power prevails over the non-impairment clause.
City Council of Cebu vs Anzon- It is commenced by the local
executive, upon authority of the Sanggunian, except when Authority to negotiate and secure grants
the City Councilors, by themselves and as representation of or
on behalf of the city, bring the action to prevent unlawful Section 23. Authority to Negotiate and Secure Grants. - Local
disbursement of City funds. chief executives may, upon authority of the sanggunian,
negotiate and secure financial grants or donations in kind, in
Provincial Fiscal, Provincial Attorney, Municipal Attorney- support of the basic services or facilities enumerated under
Only them may validly represent the municipality. The Section 17 hereof, from local and foreign assistance agencies
representation of an unauthorized lawyer may be raised at without necessity of securing clearance or approval therefor
any stage of the proceedings. from any department, agency, or office of the national
government of from any higher local government unit:
Provided, That projects financed by such grants or assistance
with national security implications shall be approved by the
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national agency concerned: Provided, further, That when (d) Candidates for the position of member of the sangguniang
such national agency fails to act on the request for approval panlungsod or sangguniang bayan must be at least eighteen
within thirty (30) days from receipt thereof, the same shall be (18) years of age on election day.
deemed approved.
(e) Candidates for the position of punong barangay or
The local chief executive shall, within thirty (30) days upon member of the sangguniang barangay must be at least
signing of such grant agreement or deed of donation, report eighteen (18) years of age on election day.
the nature, amount, and terms of such assistance to both
Houses of Congress and the President. (f) Candidates for the sangguniang kabataan must be at least
fifteen (15) years of age but not more than twenty-one (21)
Liability of LGUs for death or injury to persons or property years of age on election day.
1 The LGU is engaged in governmental functions. It is exempt
from liability. Section 40. Disqualifications. - The following persons are
2. The LGU is engaged in proprietary functions. It is liable. disqualified from running for any elective local position:
Doctrine of Implied Municipal Liability- A municipality (a) Those sentenced by final judgment for an offense
becomes obligated upon an implied contract to pay the involving moral turpitude or for an offense punishable by one
reasonable value of the benefits accepted or appropriated by (1) year or more of imprisonment, within two (2) years after
it. If a municipality therefore derives benefits from a contract serving sentence;
it entered into, it cannot question its validity to deny
answerability under the contract. (b) Those removed from office as a result of an administrative
case;
Ramos vs CA- A municipality cannot engage the services of a
private lawyer. Only the Provincial Fiscal, Provincial Attorney, (c) Those convicted by final judgment for violating the oath of
or Municipal Attorney can validly represent a province or allegiance to the Republic;
municipality in law suits.
(d) Those with dual citizenship;
Except: Only when the Provincial Fiscal is disqualified to
represent it. In such a case, the fact of disqualification must (e) Fugitives from justice in criminal or non-political cases
appear on record. (Municipality of Pililia Rizal vs CA) here or abroad;
Elective officials: Qualifications and Disqualifications (f) Permanent residents in a foreign country or those who
have acquired the right to reside abroad and continue to avail
Section 39. Qualifications. - of the same right after the effectivity of this Code; and
(a) An elective local official must be a citizen of the (g) The insane or feeble-minded.
Philippines; a registered voter in the barangay, municipality,
city, or province or, in the case of a member of the Frivaldo vs COMELEC- Sec. 39 of the LGC does not mention
sangguniang panlalawigan, sangguniang panlungsod, or any particular date when the candidate must possess Filipino
sangguniang bayan, the district where he intends to be Citizenship, but the Supreme Court held that the governor
elected; a resident therein for at least one (1) year was qualified to be proclaimed on the reasoning that an
immediately preceding the day of the election; and able to official begins to govern only upon his proclamation and on
read and write Filipino or any other local language or dialect. the day his term begins.
(b) Candidates for the position of governor, vice-governor, or Fugitive from justice- It includes:
member of the sangguniang panlalawigan, or mayor, vice- Those who flee after conviction to avoid punishment
mayor or member of the sangguniang panlungsod of highly Those who, after being charged, flee to avoid
urbanized cities must be at least twenty-one (21) years of age prosecution.
on election day.
Manner of election
(c) Candidates for the position of mayor or vice-mayor of
independent component cities, component cities, or 1. Governor, vice governor, city mayor, city vice mayor,
municipalities must be at least twenty-one (21) years of age municipal mayor, municipal vice mayor and punong
on election day. barangay- Elected at large in their respective units by the
qualified voters therein
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2. Regular members of the sangguniang panlalawigan,
sangguniang panlungsod, and sangguniang bayan- They shall 4. The successors as defined herein shall serve only the
be elected by district, as may be provided for by law. unexpired terms of their predecessors.
Date of election- Unless otherwise provided by law, the Permanent vacancy arises when an elective local official fills
elections for local officials shall be held every three years in a higher vacant office:
the second Monday of May. 1. Refuses to assume office
2. Fails to qualify
Term of office 3. Dies
4. Removed from office
Section 43. Term of Office. - 5. Voluntarily resigns
6. Otherwise permanently incapacitated to discharge the
(a) The term of office of all local elective officials elected after functions of his office.
the effectivity of this Code shall be three (3) years, starting
from noon of June 30, 1992 or such date as may be provided Section 45. Permanent Vacancies in the Sanggunian. -
for by law, except that of elective barangay officials:
Provided, That all local officials first elected during the local A. Permanent vacancies in the sanggunian where automatic
elections immediately following the ratification of the 1987 succession provided above do not apply shall be filled by
Constitution shall serve until noon of June 30, 1992. appointment in the following manner:
(b) No local elective official shall serve for more than three (3) (1) The President, through the Executive Secretary, in the
consecutive terms in the same position. Voluntary case of the sangguniang panlalawigan and the sangguniang
renunciation of the office for any length of time shall not be panlungsod of highly urbanized cities and independent
considered as an interruption in the continuity of service for component cities;
the full term for which the elective official concerned was
elected. (2) The governor, in the case of the sangguniang panlungsod
of component cities and the sangguniang bayan;
(c) The term of office of barangay officials and members of
the sangguniang kabataan shall be for three (3) years, which (3) The city or municipal mayor, in the case of sangguniang
shall begin after the regular election of barangay officials on barangay, upon recommendation of the sangguniang
the second Monday of May 1994. barangay concerned.
Rules on vacancies (b) Except for the sangguniang barangay, only the nominee of
the political party under which the sanggunian member
Section 44. Permanent Vacancies in the Offices of the concerned had been elected and whose elevation to the
Governor, Vice-Governor, Mayor, and Vice-Mayor. position next higher in rank created the last vacancy in the
sanggunian shall be appointed in the manner hereinabove
1. If a permanent vacancy occurs in the office of the governor provided. The appointee shall come from the same political
or mayor, the vice-governor or vice-mayor concerned shall party as that of the sanggunian member who caused the
become the governor or mayor. vacancy and shall serve the unexpired term of the vacant
office. In the appointment herein mentioned, a nomination
2. If a permanent vacancy occurs in the offices of the and a certificate of membership of the appointee from the
governor, vice-governor, mayor, or vice-mayor, the highest highest official of the political party concerned are conditions
ranking sanggunian member or, in case of his permanent sine qua non, and any appointment without such nomination
inability, the second highest ranking sanggunian member, and certification shall be null and void ab initio and shall be a
shall become the governor, vice-governor, mayor or vice- ground for administrative action against the official
mayor, as the case may be. Subsequent vacancies in the said responsible therefore.
office shall be filled automatically by the other sanggunian
members according to their ranking as defined herein. (c) In case or permanent vacancy is caused by a sanggunian
member who does not belong to any political party, the local
3. If a permanent vacancy occurs in the office of the punong chief executive shall, upon recommendation of the
barangay, the highest ranking sanggunian barangay member sanggunian concerned, appoint a qualified person to fill the
or, in case of his permanent inability, the second highest vacancy.
ranking sanggunian member, shall become the punong
barangay. A tie between or among the highest ranking (d) In case of vacancy in the representation of the youth and
sanggunian members shall be resolved by the drawing of lots. the barangay in the sanggunian, said vacancy shall be filled
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automatically by the official next in rank of the organization Section 47. Approval of Leaves of Absence. -
concerned.
(a) Leaves of absence of local elective officials shall be
Section 46. Temporary Vacancy in the Office of the Local approved as follows:
Chief Executive. -
(1) Leaves of absence of the governor and the mayor
1. When the governor, city or municipal mayor, or punong of a highly urbanized city or an independent
barangay is temporarily incapacitated to perform his duties component city shall be approved by the President
for physical or legal reasons such as, but not limited to, leave or his duly authorized representative;
of absence, travel abroad, and suspension from office, the
vice-governor, city or municipal vice-mayor, or the highest (2) Leaves of absence of vice-governor or a city or
ranking sangguniang barangay member shall automatically municipal vice-mayor shall be approved by the local
exercise the powers and perform the duties and functions of chief executive concerned: Provided, That the leaves
the local chief executive concerned, except the power to of absence of the members of the sanggunian and its
appoint, suspend, or dismiss employees which can only be employees shall be approved by the vice-governor or
exercised if the period of temporary incapacity exceeds thirty city or municipal vice-mayor concerned;
(30) working days.
(3) Leaves of absence of the component city or
Said temporary incapacity shall terminate upon submission to municipal mayor shall be approved by the governor;
the appropriate sanggunian of a written declaration by the and
local chief executive concerned that he has reported back to
office. In cases where the temporary incapacity is due to legal (4) Leaves of absence of a punong barangay shall be
causes, the local chief executive concerned shall also submit approved by the city or municipal mayor: Provided,
necessary documents showing that said legal causes no That leaves of absence of sangguniang barangay
longer exist. members shall be approved by the punong
barangay.
2. When the incumbent local chief executive is traveling
within the country but outside his territorial jurisdiction for (b) Whenever the application for leave of absence
a period not exceeding three (3) consecutive days, he may hereinabove specified is not acted upon within five (5)
designate in writing the officer-in-charge of the said office. working days after receipt thereof, the application for leave
Such authorization shall specify the powers and functions of absence shall be deemed approved.
that the local official concerned shall exercise in the absence
of the local chief executive except the power to appoint, Practice of profession
suspend, or dismiss employees.
1. A governor, city and municipal mayor are prohibited from
In the event, however, that the local chief executive practicing their profession or engage in any occupation other
concerned fails or refuses to issue such authorization, the than the exercise of their functions as local chief executives.
vice-governor, the city or municipal vice-mayor, or the
highest ranking sangguniang barangay member, as the case 2. Sangguninan Members can practice their profession except
may be, shall have the right to assume the powers, duties, during session hours. Sangguniang members who are
and functions of the said office on the fourth (4th) day of members of the bar shall not:
absence of the said local chief executive, subject to the (1) Appear as counsel before any court in any civil
limitations provided in subsection (c) hereof. case wherein a local government unit or any office,
agency, or instrumentality of the government is the
Except as provided above, the local chief executive shall in no adverse party;
case authorize any local official to assume the powers, duties,
and functions of the office, other than the vice-governor, the (2) Appear as counsel in any criminal case wherein
city or municipal vice-mayor, or the highest ranking an officer or employee of the national or local
sangguniang barangay member, as the case may be. government is accused of an offense committed in
relation to his office.
Sangguniang Barangay members- Prohibited to have party
affiliations. (3) Collect any fee for their appearance in
administrative proceedings involving the local
government unit of which he is an official; and
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(4) Use property and personnel of the government
except when the sanggunian member concerned is (a) A complaint against any elective official of a province, a
defending the interest of the government. highly urbanized city, an independent component city or
component city shall be filed before the Office of the
(5)Doctors of medicine may practice their profession President;
even during official hours of work only on occasions
of emergency: Provided, That the officials concerned (b) A complaint against any elective official of a municipality
do not derive monetary compensation therefrom. shall be filed before the sangguniang panlalawigan whose
decision may be appealed to the Office of the President; and
Partisan Political Activity
(c) A complaint against any elective barangay official shall be
Section 93. Partisan Political Activity. - No local official or filed before the sangguniang panlungsod or sangguniang
employee in the career civil service shall engage directly or bayan concerned whose decision shall be final and executory.
indirectly in any partisan political activity or take part in any
election, initiative, referendum, plebiscite, or recall, except to Section 62. Notice of hearing. Procedure after filing of said
vote, nor shall he use his official authority or influence to administrative complaint:
cause the performance of any political activity by any person
or body. 1. Within seven (7) days after the administrative complaint is
filed, the Office of the President or the sanggunian
He may, however, express his views on current issues, or concerned, as the case may be, shall require the respondent
mention the names of certain candidates for public office to submit his verified answer within fifteen (15) days from
whom he supports. Elective local officials may take part in receipt thereof, and commence the investigation of the case
partisan political and electoral activities, but it shall be within ten (10) days after receipt of such answer of the
unlawful for them to solicit contributions from their respondent.
subordinates or subject these subordinates to any of the
prohibited acts under the Omnibus Election Code. 2. When the respondent is an elective official of a province or
highly urbanized city, such hearing and investigation shall be
Disciplinary Actions conducted in the place where he renders or holds office. For
all other local elective officials, the venue shall be the place
Section 60. Grounds for Disciplinary Actions. - An elective where the sanggunian concerned is located.
local official may be disciplined, suspended, or removed
from office on any of the following grounds: 3. However, no investigation shall be held within ninety (90)
(a) Disloyalty to the Republic of the Philippines; days immediately prior to any local election, and no
(b) Culpable violation of the Constitution; preventive suspension shall be imposed within the said
(c) Dishonesty, oppression, misconduct in office, period. If preventive suspension has been imposed prior to
gross negligence, or dereliction of duty; the 90-day period immediately preceding local election, it
(d) Commission of any offense involving moral shall be deemed automatically lifted upon the start of
turpitude or an offense punishable by at least prision aforesaid period.
mayor;
(e) Abuse of authority; Section 63. Preventive Suspension. -
(f) Unauthorized absence for fifteen (15) consecutive
working days, except in the case of members of the (a) Preventive suspension may be imposed:
sangguniang panlalawigan, sangguniang panlungsod,
sangguniang bayan, and sangguniang barangay; (1) By the President, if the respondent is an elective
(g) Application for, or acquisition of, foreign official of a province, a highly urbanized or an
citizenship or residence or the status of an independent component city;
immigrant of another country; and
(h) Such other grounds as may be provided in this (2) By the governor, if the respondent is an elective
Code and other laws. official of a component city or municipality; or
An elective local official may be removed from office on the (3) By the mayor, if the respondent is an elective
grounds enumerated above by order of the proper court. official of the barangay.
Section 61. Form and Filing of Administrative Complaints. - A (b) Preventive suspension may be imposed at any time after
verified complaint against any erring local elective official the issues are joined, when the evidence of guilt is strong,
shall be prepared as follows: and given the gravity of the offense, there is great probability
Page | 164
that the continuance in office of the respondent could candidacy of the respondent so suspended as long as he
influence the witnesses or pose a threat to the safety and meets the qualifications required for the office.
integrity of the records and other evidence: Provided, That,
any single preventive suspension of local elective officials (c) The penalty of removal from office as a result of an
shall not extend beyond sixty (60) days: Provided, further, administrative investigation shall be considered a bar to the
That in the event that several administrative cases are filed candidacy of the respondent for any elective position.
against an elective official, he cannot be preventively
suspended for more than ninety (90) days within a single year Section 67. Administrative Appeals. - Decisions in
on the same ground or grounds existing and known at the administrative cases may, within thirty (30) days from receipt
time of the first suspension. thereof, be appealed to the following:
(c) Upon expiration of the preventive suspension, the (a) The sangguniang panlalawigan, in the case of decisions of
suspended elective official shall be deemed reinstated in the sangguniang panlungsod of component cities and the
office without prejudice to the continuation of the sangguniang bayan; and
proceedings against him, which shall be terminated within
one hundred twenty (120) days from the time he was (b) The Office of the President, in the case of decisions of the
formally notified of the case against him. However, if the sangguniang panlalawigan and the sangguniang panlungsod
delay in the proceedings of the case is due to his fault, of highly urbanized cities and independent component cities.
neglect, or request, other than the appeal duly filed, the
duration of such delay shall not be counted in computing the Decisions of the Office of the President shall be final and
time of termination of the case. executory.
(d) Any abuse of the exercise of the power of preventive Section 68. Execution Pending Appeal. - An appeal shall not
suspension shall be penalized as abuse of authority. prevent a decision from becoming final or executory. The
respondent shall be considered as having been placed under
Section 64. Salary of Respondent Pending Suspension. - The preventive suspension during the pendency of an appeal in
respondent official preventively suspended from office shall the event he wins such appeal. In the event the appeal results
receive no salary or compensation during such suspension; in an exoneration, he shall be paid his salary and such other
but upon subsequent exoneration and reinstatement, he shall emoluments during the pendency of the appeal.
be paid full salary or compensation including such
emoluments accruing during such suspension. Recall
Section 65. Rights of Respondent. - The respondent shall be Section 69. By Whom Exercised. - The power of recall for loss
accorded of confidence shall be exercised by the registered voters of a
1. full opportunity to appear and defend himself in local government unit to which the local elective official
person or by counsel, subject to such recall belongs.
2. to confront and cross-examine the witnesses
against him, and Section 70. Initiation of the Recall Process. -
3. to require the attendance of witnesses and the
production of documentary process of subpoena or (a) Recall may be initiated by a preparatory recall assembly
subpoena duces tecum. or by the registered voters of the local government unit to
which the local elective official subject to such recall belongs.
Section 66. Form and Notice of Decision. -
(b) There shall be a preparatory recall assembly in every
(a) The investigation of the case shall be terminated within province, city, district, and municipality which shall be
ninety (90) days from the start thereof. Within thirty (30) composed of the following:
days after the end of the investigation, the Office of the
President or the sanggunian concerned shall render a (1) Provincial level. - All mayors, vice-mayors, and
decision in writing stating clearly and distinctly the facts and sanggunian members of the municipalities and
the reasons for such decision. Copies of said decision shall component cities;
immediately be furnished the respondent and all interested
parties. (2) City level. - All punong barangay and sanggunian
barangay members in the city;
(b) The penalty of suspension shall not exceed the unexpired
term of the respondent or a period of six (6) months for every (3) Legislative District level. - In case where
administrative offense, nor shall said penalty be a bar to the sangguniang panlalawigan members are elected by
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district, all elective municipal officials in the district; Section 72. Effectivity of Recall. - The recall of an elective
and in cases where sangguniang panlungsod local official shall be effective only upon the election and
members are elected by district, all elective proclamation of a successor in the person of the candidate
barangay officials in the district; and receiving the highest number of votes cast during the election
on recall. Should the official sought to be recalled receive the
(4) Municipal level. - All punong barangay and highest number of votes, confidence in him is thereby
sangguniang barangay members in the municipality. affirmed, and he shall continue in office.
(c) A majority of all the preparatory recall assembly members Section 73. Prohibition from Resignation. - The elective local
may convene in session in a public place and initiate a recall official sought to be recalled shall not be allowed to resign
proceedings against any elective official in the local while the recall process is in progress.
government unit concerned. Recall of provincial, city, or
municipal officials shall be validly initiated through a Section 74. Limitations on Recall. -
resolution adopted by a majority of all the members of the
preparatory recall assembly concerned during its session (a) Any elective local official may be the subject of a recall
called for the purpose. election only once during his term of office for loss of
confidence.
(d) Recall of any elective provincial, city, municipal, or
barangay official may also be validly initiated upon petition of (b) No recall shall take place within one (1) year from the date
at least twenty-five percent (25%) of the total number of of the official's assumption to office or one (1) year
registered voters in the local government unit concerned immediately preceding a regular local election.
during the election in which the local official sought to be
recalled was elected. Section 75. Expenses Incident to Recall Elections. - All
expenses incident to recall elections shall be borne by the
(1) A written petition for recall duly signed before the election COMELEC. For this purpose, there shall be included in the
registrar or his representative, and in the presence of a annual General Appropriations Act a contingency fund at the
representative of the petitioner and a representative of the disposal of the COMELEC for the conduct of recall elections.
official sought to be recalled and, and in a public place in the
province, city, municipality, or barangay, as the case may be, Human Resources and Development
shall be filed with the COMELEC through its office in the local
government unit concerned. The COMELEC or its duly Section 76. Organizational Structure and Staffing Pattern. -
authorized representative shall cause the publication of the Every local government unit shall design and implement its
petition in a public and conspicuous place for a period of not own organizational structure and staffing pattern taking into
less than ten (10) days nor more than twenty (20) days, for consideration its service requirements and financial
the purpose of verifying the authenticity and genuineness of capability, subject to the minimum standards and guidelines
the petition and the required percentage of voters. prescribed by the Civil Service Commission.
(2) Upon the lapse of the aforesaid period, the COMELEC or Section 77. Responsibility for Human Resources and
its duly authorized representative shall announce the Development. - The chief executive of every local
acceptance of candidates to the position and thereafter government unit shall be responsible for human resources
prepare the list of candidates which shall include the name of and development in his unit and shall take all personnel
the official sought to be recalled. actions in accordance with the Constitutional provisions on
civil service, pertinent laws, and rules and regulations
Section 71. Election on Recall. - Upon the filing of a valid thereon, including such policies, guidelines and standards as
resolution or petition for recall with the appropriate local the Civil Service Commission may establish: Provided, That
office of the COMELEC, the Commission or its duly authorized the local chief executive may employ emergency or casual
representative shall set the date of the election on recall, employees or laborers paid on a daily wage or piecework
which shall not be later than thirty (30) days after the filing of basis and hired through job orders for local projects
the resolution or petition for recall in the case of the authorized by the sanggunian concerned, without need of
barangay, city, or municipal officials. and forty-five (45) days approval or attestation by the Civil Service Commission:
in the case of provincial officials. The official or officials Provided, further, That the period of employment of
sought to be recalled shall automatically be considered as emergency or casual laborers as provided in this Section shall
duly registered candidate or candidates to the pertinent not exceed six (6) months.
positions and, like other candidates, shall be entitled to be
voted upon. The Joint Commission on Local Government Personnel
Administration organized pursuant to Presidential Decree
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Numbered Eleven Hundred thirty-six (P.D. No. 1136) is hereby Sixty-seven fifty-eight (R.A. No 6758), otherwise known as the
abolished and its personnel, records, equipment and other "Compensation and Position Classification Act of 1989".
assets transferred to the appropriate office in the Civil Service
Commission. The punong barangay, the sangguniang barangay member,
the sangguniang kabataan chairman, the barangay treasurer,
Section 78. Civil Service Law, Rules and Regulations, and and the barangay secretary shall be entitled to such
Other Related Issuances. - All matters pertinent to human compensation, allowances, emoluments, and such other
resources and development in local government units shall be privileges as provided under Title One Book III of this Code.
governed by the civil service law and such rules and
regulations and other issuances promulgated pursuant Elective local officials shall be entitled to the same leave
thereto, unless otherwise specified in this Code. privileges as those enjoyed by appointive local officials,
including the cumulation and commutation thereof.
Section 79. Limitation to Appointments. - No person shall be
appointed in the career service of the local government if he Resignation of elective local officials
is related within the fourth civil degree of consanguinity or
affinity to the appointing or recommending authority. Section 82. Resignation of Elective Local Officials. - (a)
Resignations by elective local officials shall be deemed
Section 80. Public Notice of Vacancy; Personnel Selection effective only upon acceptance by the following authorities:
Board. -
(1) The President, in the case of governors, vice-
(a) Whenever a local executive decides to fill a vacant career governors, and mayors and vice-mayors of highly
position, there shall be posted notices of the vacancy in at urbanized cities and independent component cities;
least three (3) conspicuous public places in the local
government unit concerned for a period of not less than (2) The governor, in the case of municipal mayors,
fifteen (15) days. municipal vice-mayors, city mayors and city vice-
mayors of component cities;
(b) There shall be established in every province, city or
municipality a personnel selection board to assist the local (3) The sanggunian concerned, in the case of
chief executive in the judicious and objective selection or sanggunian members; and
personnel for employment as well as for promotion, and in
the formulation of such policies as would contribute to (4) The city or municipal mayor, in the case of
employee welfare. barangay officials.
(c) The personnel selection board shall be headed by the local (b) Copies of the resignation letters of elective local officials,
chief executive, and its members shall be determined by together with the action taken by the aforesaid authorities,
resolution of the sanggunian concerned. A representative of shall be furnished the Department of the Interior and Local
the Civil Service Commission, if any, and the personnel officer Government.
of the local government unit concerned shall be ex officio
members of the board. (c) The resignation shall be deemed accepted if not acted
upon by the authority concerned within fifteen (15) days from
Section 81. Compensation of Local Officials and Employees. - receipt thereof.
The compensation of local officials and personnel shall be
determined by the sanggunian concerned: (d) Irrevocable resignations by sanggunian members shall be
deemed accepted upon presentation before an open session
1. Provided, That the increase in compensation of elective of the sanggunian concerned and duly entered in its records:
local officials shall take effect only after the terms of office of Provided, however, That this subsection does not apply to
those approving such increase shall have expired. sanggunian members who are subject to recall elections or to
2. Provided, further, That the increase in compensation of cases where existing laws prescribed the manner of acting
the appointive officials and employees shall take effect as upon such resignations.
provided in the ordinance authorizing such increase:
3. Provided, however, That said increases shall not exceed the Section 83. Grievance Procedure. - In every local government
limitations on budgetary allocations for personal services unit, the local chief executive shall establish a procedure to
provided under Title Five, Book II of this Code: inquire into, act upon, resolve or settle complaints and
4. Provided, finally, That such compensation may be based grievances presented by local government employees.
upon the pertinent provisions of Republic Act Numbered
Page | 167
Section 84. Administrative Discipline. - Investigation and of a respondent-appellant. In case the respondent-appellant
adjudication of administrative complaints against appointive is exonerated, he shall be reinstated to his position with all
local officials and employees as well as their suspension and the rights and privileges appurtenant thereto from the time
removal shall be in accordance with the civil service law and he had been deprived thereof.
rules and other pertinent laws. The results of such
administrative investigations shall be reported to the Civil Local Government Units
Service Commission.
I. Barangay
Section 85. Preventive Suspension of Appointive Local
Officials and Employees. - Role of the Barangay. - As the basic political unit, the
barangay serves as the primary planning and implementing
(a) The local chief executives may preventively suspend for a unit of government policies, plans, programs, projects, and
period not exceeding sixty (60) days and subordinate official activities in the community, and as a forum wherein the
or employee under his authority pending investigation if the collective views of the people may be expressed, crystallized
charge against such official or employee involves dishonesty, and considered, and where disputes may be amicably settled.
oppression or grave misconduct or neglect in the
performance of duty, or if there is reason to believe that the Manner of Creation. - A barangay may be created, divided,
respondent is guilty of the charges which would warrant his merged, abolished, or its boundary substantially altered, by
removal from the service.
1. law or by an ordinance of the sangguniang panlalawigan or
(b) Upon expiration of the preventive suspension, the panlungsod, subject to approval by a majority of the votes
suspended official or employee shall be automatically cast in a plebiscite to be conducted by the COMELEC in the
reinstated in office without prejudice to the continuation of local government unit or units directly affected within such
the administrative proceedings against him until its period of time as may be determined by the law or ordinance
termination. If the delay in the proceedings of the case is due creating said barangay. In the case of the creation of
to the fault, neglect or request of the respondent, the time of barangays by the sangguniang panlalawigan, the
the delay shall not be counted in computing the period of recommendation of the sangguniang bayan concerned shall
suspension herein provided. be necessary.
Section 86. Administrative Investigation. - In any local 2. By act of congress- A barangay may be created to enhance
government unit, administrative investigation may be the delivery of basic services in the indigenous cultural
conducted by a person or a committee duly authorized by the communities.
local chief executive. Said person or committee shall conduct
hearings on the cases brought against appointive local Section 386. Requisites for Creation. -
officials and employees and submit their findings and
recommendations to the local chief executive concerned 1. A barangay may be created out of a contiguous
within fifteen (15) days from the conclusion of the hearings. territory which has a population of at least two
The administrative cases herein mentioned shall be decided thousand (2,000) inhabitants as certified by the
within ninety (90) days from the time the respondent is National Statistics Office except in cities and
formally notified of the charges. municipalities within Metro Manila and other
metropolitan political subdivisions or in highly
Section 87. Disciplinary Jurisdiction. - Except as otherwise urbanized cities where such territory shall have a
provided by law, the local chief executive may impose the certified population of at least five thousand (5,000)
penalty of removal from service, demotion in rank, inhabitants: Provided, That the creation thereof shall
suspension for not more than one (1) year without pay, fine not reduce the population of the original barangay
in an amount not exceeding six (6) months salary, or or barangays to less than the minimum requirement
reprimand and otherwise discipline subordinate officials and prescribed herein.
employees under his jurisdiction. If the penalty imposed is
suspension without pay for not more than thirty (30) days, his To enhance the delivery of basic services in the
decision shall be final. If the penalty imposed is heavier than indigenous cultural communities, barangays may be
suspension of thirty (30) days, the decision shall be created in such communities by an Act of Congress,
appealable to the Civil Service Commission, which shall notwithstanding the above requirement.
decide the appeal within thirty (30) days from receipt thereof.
2. The territorial jurisdiction of the new barangay
Section 88. Execution Pending Appeal. - An appeal shall not shall be properly identified by metes and bounds or
prevent the execution of a decision of removal or suspension by more or less permanent natural boundaries. The
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territory need not be contiguous if it comprises two (5) Upon approval by a majority of all the members
(2) or more islands. of the sangguniang barangay, appoint or replace the
barangay treasurer, the barangay secretary, and
3. The governor or city mayor may prepare a other appointive barangay officials;
consolidation plan for barangays, based on the (6) Organize and lead an emergency group whenever
criteria prescribed in this Section, within his the same may be necessary for the maintenance of
territorial jurisdiction. The plan shall be submitted to peace and order or on occasions of emergency or
the sangguniang panlalawigan or sangguniang calamity within the barangay;
panlungsod concerned for appropriate action. (7) In coordination with the barangay development
council, prepare the annual executive and
4. In the case of municipalities within the supplemental budgets of the barangay;
Metropolitan Manila Area and other metropolitan (8) Approve vouchers relating to the disbursement of
political subdivisions, the barangay consolidation barangay funds;
plan shall be prepared and approved by the (9) Enforce laws and regulations relating to pollution
sangguniang bayan concerned. control and protection of the environment;
(10) Administer the operation of the katarungang
Barangay officials pambarangay in accordance with the provisions of
1. Punong Barangay this Code;
2. Seven Sangguniang Barangay members (11) Exercise general supervision over the activities
3. Barangay Secretary of the sangguniang kabataan;
4. Barangay Treasurer (12) Ensure the delivery of basic services as
5. Lupong Tagapamayapa mandated under Section 17 of this Code;
6. Community Brigades (13) Conduct an annual palarong barangay which
7. Other offices as may be necessary. shall feature traditional sports and disciplines
included in national and international games, in
Persons in Authority. - For purposes of the Revised Penal coordination with the Department of Education,
Code, the Culture and Sports;
1. punong barangay, (14) Promote the general welfare of the barangay;
2. sangguniang barangay members, and and
3. members of the lupong tagapamayapa (15) Exercise such other powers and perform such
other duties and functions as may be prescribed by
in each barangay shall be deemed as persons in law or ordinance.
authority in their jurisdictions, while other barangay
officials and members who may be designated by In the performance of his peace and order functions. the
law or ordinance and charged with the maintenance punong barangay shall be entitled to possess and carry the
of public order, protection and security of life and necessary firearm within his territorial jurisdiction, subject to
property, or the maintenance of a desirable and appropriate rules and regulations.
balanced environment, and any barangay member
who comes to the aid of persons in authority, shall Sangguninang Barangay
be deemed agents of persons in authority.
Composition. - The sangguniang barangay, the legislative
Punong Barangay Powers and Functions: body of the barangay, shall be composed of the punong
(1) Enforce all laws and ordinances which are barangay as presiding officer, and the seven (7) regular
applicable within the barangay; sangguniang barangay members elected at large and
(2) Negotiate, enter into, and sign contracts for and sangguniang kabataan chairman, as members.
in behalf of the barangay, upon authorization of the
sangguniang barangay; Powers, Duties, and Functions. -
(3) Maintain public order in the barangay and, in (1) Enact ordinances as may be necessary to
pursuance thereof, assist the city or municipal mayor discharge the responsibilities conferred upon it by
and the sanggunian members in the performance of law or ordinance and to promote the general welfare
their duties and functions; of the inhabitants therein;
(4) Call and preside over the sessions of the (2) Enact tax revenue ordinances, subject to the
sangguniang barangay and the barangay assembly, limitations imposed in this Code;
and vote only to break a tie; (3) Enact annual and supplemental budgets in
accordance with the provisions of this Code;
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(4) Provide for the construction and maintenance of such activities shall be tax-exempt and shall accrue
barangay facilities and other public works projects to the general fund of the barangay: Provided, That
chargeable to the general fund of the barangay or in the appropriation thereof, the specific purpose for
such other funds actually available for the purpose; which such fund-raising activity has been held shall
(5) Submit to the sangguniang panlungsod or be first satisfied: Provided, further, That no fund-
sangguniang bayan such suggestions or raising activities shall be held within a period of sixty
recommendations as it may see fit for the (60) days immediately preceding and after a national
improvement of the barangay or for the welfare of or local election, recall, referendum, or plebiscite:
the inhabitants thereof; Provided, finally, That said fund-raising activities
(6) Assist in the establishment, organization, and shall comply with national policy standards and
promotion of cooperative enterprises that will regulations on morals, health, and safety of the
improve the economic condition and well-being of persons participating therein. The sangguniang
the residents; barangay, through the punong barangay, shall
(7) Regulate the use of multi-purpose halls, multi- render a public accounting of the funds raised at the
purpose pavements, grain or copra dryers, patios completion of the project for which the fund-raising
and other post-harvest facilities, barangay activity was undertaken;
waterworks, barangay markets, parking areas or (12) Authorize the punong barangay to enter into
other similar facilities constructed with government contracts in behalf of the barangay, subject to the
funds within the jurisdiction of the barangay and provisions of this Code;
charge reasonable fees for the use thereof; (13) Authorize the barangay treasurer to make direct
(8) Solicit or accept monies, materials and voluntary purchases in an amount not exceeding One
labor for specific public works and cooperative thousand pesos (P1,000.00) at any one time for the
enterprises of the barangay from residents, land ordinary and essential administrative needs of the
owners, producers and merchants in the barangay; barangay;
monies from grants-in-aid, subsidies, contributions, (14) Prescribe fines in amounts not exceeding One
and revenues made available to the barangays from thousand pesos (P1,000.00) for violation of barangay
national, provincial, city or municipal funds; and ordinances;
monies from other private agencies and individuals: (15) Provide for the administrative needs of the
Provided, however, That monies or properties lupong tagapamayapa and the pangkat ng
donated by private agencies and individuals for tagapagkasundo;
specific purposes shall accrue to the barangay as (16) Provide for the organization of community
trust fund; brigades, barangay tanod, or community service
(9) Solicit or accept, in any or all the foregoing public units as may be necessary;
works and cooperative enterprises, such cooperation (17) Organize regular lectures, programs, or fora on
as is made available by national, provincial, city, or community problems such as sanitation, nutrition,
municipal agencies established by law to render literacy, and drug abuse, and convene assemblies to
financial, technical, and advisory assistance to encourage citizen participation in government;
barangays and to barangay residents: Provided, (18) Adopt measures to prevent and control the
however, That in soliciting or accepting such proliferation of squatters and mendicants in the
cooperation, the sangguniang barangay need not barangay;
pledge any sum of money for expenditure in excess (19) Provide for the proper development and welfare
of amounts currently in the barangay treasury or of children in the barangay by promoting and
encumbered for other purposes; supporting activities for the protection and total
(10) Provide compensation, reasonable allowances development of children, particularly those below
or per diems as well as travel expenses for seven (7) years of age;
sangguniang barangay members and other barangay (20) Adopt measures towards the prevention and
officials, subject to the budgetary limitations eradication of drug abuse, child abuse, and juvenile
prescribed under Title Five, Book II of this Code: delinquency;
Provided, however, That no increase in the (21) Initiate the establishment of a barangay high
compensation or honoraria of the sangguniang school, whenever feasible, in accordance with law;
barangay members shall take effect until after the (22) Provide for the establishment of a non-formal
expiration of the full term of all members of the education center in the barangay whenever feasible,
sangguniang barangay approving such increase; in coordination with the Department of Education,
(11) Hold fund-raising activities for barangay projects Culture and Sports;
without the need of securing permits from any (23) Provide for the delivery of basic services; and
national or local office or agency. The proceeds from
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(24) Exercise such other powers and perform such 3. Offenses punishable by imprisonment exceeding one (1)
other duties and functions as may be prescribed by year or a fine exceeding Five thousand pesos (P5,000.00);
law or ordinance.
4. Offenses where there is no private offended party;
Katarungang Pambarangay
5. Where the dispute involves real properties located in
Section 399. Lupong Tagapamayapa. - different cities or municipalities unless the parties thereto
agree to submit their differences to amicable settlement by
Composition: composed of the punong barangay, as an appropriate lupon;
chairman and ten (10) to twenty (20) members. The lupon
shall be constituted every three (3) years in the manner 6. Disputes involving parties who actually reside in barangays
provided herein. of different cities or municipalities, except where such
barangay units adjoin each other and the parties thereto
agree to submit their differences to amicable settlement by
Section 402. Functions of the Lupon. - The lupon shall: an appropriate lupon;
1. Exercise administrative supervision over the conciliation 7. Such other classes of disputes which the President may
panels provided herein; determine in the interest of Justice or upon the
recommendation of the Secretary of Justice.
2. Meet regularly once a month to provide a forum for
exchange of ideas among its members and the public on The court in which non-criminal cases not falling within the
matters relevant to the amicable settlement of disputes, and authority of the lupon under this Code are filed may, at any
to enable various conciliation panel members to share with time before trial motu propio refer the case to the lupon
one another their observations and experiences in effecting concerned for amicable settlement.
speedy resolution of disputes; and
Limitations before filing a complaint, petition, action or
3. Exercise such other powers and perform such other duties proceeding involving any matter within the authority of the
and functions as may be prescribed by law or ordinance. lupon could be filed in court - No complaint, petition, action,
or proceeding involving any matter within the authority of
Members of the Lupon- Conciliators the lupon shall be filed or instituted directly in court or any
other government office for adjudication, unless there has
Disputes that may be brought for amicable settlement been a confrontation between the parties before the lupon
chairman or the pangkat, and that no conciliation or
1. Those involving actual residents of different barangays settlement has been reached as certified by the lupon
within the same city or municipality shall be brought in the secretary or pangkat secretary as attested to by the lupon or
barangay where the respondent or any of the respondents pangkat chairman or unless the settlement has been
actually resides, at the election of the complainant repudiated by the parties thereto.
2. All disputes involving real property or any interest therein Where Parties May Go Directly to Court:
shall be brought in the barangay where the real property or
larger portion thereof is situated. (1) Where the accused is under detention;
3. Those arising at the workplace where the contending (2) Where a person has otherwise been deprived of personal
parties are employed or at the institution where such parties liberty calling for habeas corpus proceedings;
are enrolled for study be brought in the barangay where such
workplace or institution is located. (3) Where actions are coupled with provisional remedies such
as preliminary injunction, attachment, delivery of personal
Exceptions property and support pendente lite; and
1. Where one party is the government, or any subdivision or (4) Where the action may otherwise be barred by the statute
instrumentality thereof; of limitations.
2. Where one party is a public officer or employee, and the Conciliation among members of indigenous cultural
dispute relates to the performance of his official functions; communities - The customs and traditions of indigenous
cultural communities shall be applied in settling disputes
between members of the cultural communities.
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Sangguniang Kabataan (1) in municipalities pambayang pederasyon ng mga
sangguniang kabataan;
Composition:
1. chairman, (2) in cities, panlungsod na pederasyon ng mga sangguniang
2. seven (7) member kabataan;
3. secretary
4. treasurer. (3) in provinces, panlalawigang pederasyon ng mga kabataan;
A sangguniang kabataan official who, during his term of (4) in special metropolitan political subdivisions,
office, shall have passed the age of twenty-one (21) years pangmetropolitan pederasyon ng mga sangguniang kabataan;
shall be allowed to serve the remaining portion of the term and
for which he was elected.
(5) on the national level pambansang pederasyon ng mga
Powers and functions of the SK: sangguniang kabataan.
1. Promulgate resolutions necessary to carry out the The pederasyon ng mga sangguniang kabataan shall, at all
objectives of the youth in the barangay in accordance with levels, elect from among themselves the president, vice-
the applicable provisions of this Code; president and such other officers as may be necessary and
shall be organized in the following manner:
2. Initiate programs designed to enhance the social, political,
economic, cultural, intellectual, moral, spiritual, and physical The panlungsod and pambayang pederasyon shall be
development of the members; composed of the sangguniang kabataan chairmen of
barangays in the city or municipality, respectively;
3. Hold fund-raising activities, the proceeds of which shall be
tax-exempt and shall accrue to the general fund of the The panlalawigang pederasyon shall be composed of
sangguniang kabataan: Provided, however, That in the presidents of the panlungsod and pambayang pederasyon;
appropriation thereof, the specific purpose for which such
activity has been held shall be first satisfied; The pangmetropolitang pederasyon shall be composed of
presidents of the panlungsod and pambayan pederasyon;
4. Create such bodies or committees as it may deem
necessary to effectively carry out its programs and activities; The elected presidents of the pederasyon at the provincial,
highly urbanized city, and metropolitan political subdivision
5. Submit annual and end-of-term reports to the sangguniang levels shall constitute the pambansang katipunan ng mga
barangay on their projects and activities for the survival and sangguniang kabataan.
development of the youth in the barangay;
II. MUNICIPALITY
6.Consult and coordinate with all youth organizations in the
barangay for policy formulation and program Role of the Municipality. - The municipality, consisting of a
implementation; group of barangays, serves primarily as a general purpose
government for the coordination and delivery of basic,
7. Coordinate with the appropriate national agency for the regular and direct services and effective governance of the
implementation of youth development projects and programs inhabitants within its territorial jurisdiction.
at the national level;
Manner of Creation. - A municipality may be created, divided,
8. Exercise such other powers and perform such other duties merged, abolished, or its boundary substantially altered only
and functions as the sangguniang barangay may determine or by an Act of Congress and subject to the approval by a
delegate; and majority of the votes cast in a plebiscite to be conducted by
the COMELEC in the local government unit or units directly
9. Exercise such other powers and perform such other duties affected. Except as may otherwise be provided in the said Act,
and functions as may be prescribed by law or ordinance. the plebiscite shall be held within one hundred twenty (120)
days from the date of its effectivity.
Section 436. Pederasyon ng mga Kabataan.
Requisites for Creation.
There shall be an organization of all the pederasyon ng mga
sangguniang kabataan to be known as follows: 1. A municipality may be created if it has an average annual
income, as certified by the provincial treasurer, of at least
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Two million five hundred thousand pesos (P2,500,000.00) for
the last two (2) consecutive years based on the 1991 constant (i) a contiguous territory of at least one hundred (100) square
prices; a population of at least twenty-five thousand (25,000) kilometers, as certified by the Lands Management Bureau; or
inhabitants as certified by the National Statistics Office; and a
contiguous territory of at least fifty (50) square kilometers as (ii) a population of not less than one hundred fifty thousand
certified by the Lands Management Bureau: Provided, That (150,000) inhabitants, as certified by the National Statistics
the creation thereof shall not reduce the land area, Office:
population or income of the original municipality or
municipalities at the time of said creation to less than the Provided, That, the creation thereof shall not reduce the land
minimum requirements prescribed herein. area, population, and income of the original unit or units at
the time of said creation to less than the minimum
2. The territorial jurisdiction of a newly-created municipality requirements prescribed herein.
shall be properly identified by metes and bounds. The
requirement on land area shall not apply where the 2. The territorial jurisdiction of a newly-created city shall be
municipality proposed to be created is composed of one (1) properly identified by metes and bounds. The requirement on
or more islands. The territory need not be contiguous if it land area shall not apply where the city proposed to be
comprises two (2) or more islands. created is composed of one (1) or more islands. The territory
need not be contiguous if it comprises two (2) or more
3. The average annual income shall include the income islands.
accruing to the general fund of the municipality concerned,
exclusive of special funds, transfers and non-recurring 3. The average annual income shall include the income
income. accruing to the general fund, exclusive of specific funds,
transfers, and non-recurring income.
4. Municipalities existing as of the date of the effectivity of
this Code shall continue to exist and operate as such. Existing Cities, Classified. - A city may either be component or highly
municipal districts organized pursuant to presidential urbanized: Provided, however, That the criteria established in
issuances or executive orders and which have their respective this Code shall not affect the classification and corporate
set of elective municipal officials holding office at the time of status of existing cities.
the effectivity of this Code shall henceforth be considered as
regular municipalities. component cities whose charters prohibit their voters from
voting for provincial elective officials.
III. CITY
Independent component cities shall be independent of the
Role of the City. - The city, consisting of more urbanized and province. Independent component cities are those
developed barangays. serves as a general purpose
government for the coordination and delivery of basic, Highly Urbanized Cities.
regular, and direct services and effective governance of the
inhabitants within its territorial jurisdiction. (a) Cities with a minimum population of two hundred
thousand (200,000) inhabitants as certified by the National
Manner of Creation. - A city may be created, divided, Statistics Office, and within the latest annual income of at
merged, abolished, or its boundary substantially altered, only least Fifty Million Pesos (P50,000,000.00) based on 1991
by an Act of Congress, and subject to approval by a majority constant prices, as certified by the city treasurer, shall be
of the votes cast in a plebiscite to be conducted by the classified as highly urbanized cities.
COMELEC in the local government unit or units directly
affected. Except as may otherwise be provided in such Act. (b) Cities which do not meet above requirements shall be
the plebiscite shall be held within one hundred twenty (120) considered component cities of the province in which they
days from the date of its effectivity. are geographically located. If a component city is located
within the boundaries of two (2) or more provinces, such city
Requisites for Creation. shall be considered a component of the province of which it
used to be a municipality.
1. A municipality or a cluster of barangays may be converted
into a component city if it has an average annual income, as (c) Qualified voters of highly urbanized cities shall remain
certified by the Department of Finance, of at least Twenty excluded from voting for elective provincial officials.
million (P20,000,000.00) for the last two (2) consecutive years
based on 1991 constant prices, and if it has either of the Unless otherwise provided in the Constitution or this Code,
following requisites: qualified voters of independent component cities shall be
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governed by their respective charters, as amended, on the 3. The average annual income shall include the income
participation of voters in provincial elections. accruing to the general fund, exclusive of special funds, trust
funds, transfers and non-recurring income.
Qualified voters of cities who acquired the right to vote for
elective provincial officials prior to the classification of said Existing Sub-Provinces. - Existing sub-provinces are hereby
cities as highly-urbanized after the ratification of the converted into regular provinces upon approval by a majority
Constitution and before the effectivity of this Code, shall of the votes cast in a plebiscite to be held in the said
continue to exercise such right. subprovinces and the original provinces directly affected. The
plebiscite shall be conducted by the COMELEC simultaneously
Duty to Declare Highly Urbanized Status. - It shall be the duty with the national elections following the effectivity of this
of the President to declare a city as highly urbanized within Code.
thirty (30) days after it shall have met the minimum
requirements prescribed in the immediately preceding The new legislative districts created as a result of such
section, upon proper application therefor and ratification in a conversion shall continue to be represented in Congress by
plebiscite by the qualified voters therein. the duly-elected representatives of the original districts out of
which said new provinces or districts were created until their
IV. PROVINCE own representatives shall have been elected in the next
regular congressional elections and qualified.
Role of the Province. - The province, composed of cluster of
municipalities, or municipalities and component cities, and as The incumbent elected officials of the said subprovinces
a political and corporate unit of government, serves as converted into regular provinces shall continue to hold office
dynamic mechanism for developmental processes and until June 30, 1992. Any vacancy occurring in the offices
effective governance of local government units within its occupied by said incumbent elected officials, or resulting
territorial jurisdiction. from expiration of their terms of office in case of a negative
vote in the plebiscite results, shall be filled by appointment by
Manner of Creation. - A province may be created, divided, the President. The appointees shall hold office until their
merged, abolished, or its boundary substantially altered, only successors shall have been elected in the regular local
by an Act of Congress and subject to approval by a majority of elections following the plebiscite mentioned herein and
the votes cast in a plebiscite to be conducted by the qualified. After effectivity of such conversion, the President
COMELEC in the local government unit or units directly shall fill up the position of governor of the newly-created
affected. The plebiscite shall be held within one hundred province through appointment if none has yet been
twenty (120) days from the date of effectivity of said Act, appointed to the same as hereinbefore provided, and shall
unless otherwise provided therein. also appoint a vice-governor and the other members of the
sangguniang panlalawigan, all of whom shall likewise hold
Requisites for Creation. office until their successors shall have been elected in the
next regular local elections and qualified.
1. A province may be created if it has an average annual
income, as certified by the Department of Finance, of not less All qualified appointive officials and employees in the career
than Twenty million pesos (P20,000,000.00) based on 1991 service of the said subprovinces at the time of their
constant prices and either of the following requisites: conversion into regular provinces shall continue in office in
(i) a contiguous territory of at least two thousand accordance with civil service law, rules and regulations.
(2,000) square kilometers, as certified by the Lands
Management Bureau; or Settlement of Boundary Disputes
(ii) a population of not less than two hundred fifty
thousand (250,000) inhabitants as certified by the Jurisdictional Responsibility for Settlement of Boundary
National Statistics Office: Dispute. - Boundary disputes between and among local
government units shall, as much as possible, be settled
Provided, That, the creation thereof shall not reduce the land amicably. To this end:
area, population, and income of the original unit or units at
the time of said creation to less than the minimum 1. Boundary disputes involving two (2) or more barangays in
requirements prescribed herein. the same city or municipality shall be referred for settlement
to the sangguniang panlungsod or sangguniang bayan
2. The territory need not be contiguous if it comprise two (2) concerned.
or more islands or is separated by a chartered city or cities
which do not contribute to the income of the province.
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2. Boundary disputes involving two (2) or more municipalities representative shall extend assistance in the formulation of
within the same province shall be referred for settlement to the proposition.
the sangguniang panlalawigan concerned.
4. Two (2) or more propositions may be submitted in an
3. Boundary disputes involving municipalities or component initiative.
cities of different provinces shall be jointly referred for
settlement to the sanggunians of the province concerned. 5. Proponents shall have ninety (90) days in case of provinces
and cities, sixty (60) days in case of municipalities, and thirty
4. Boundary disputes involving a component city or (30) days in case of barangays, from notice mentioned in
municipality on the one hand and a highly urbanized city on subsection (b) hereof to collect the required number of
the other, or two (2) or more highly urbanized cities, shall be signatures.
jointly referred for settlement to the respective sanggunians
of the parties. 6. The petition shall be signed before the election registrar. or
his designated representatives, in the presence of a
5. In the event the sanggunian fails to effect an amicable representative of the proponent, and a representative of the
settlement within sixty (60) days from the date the dispute sanggunian concerned in a public place in the local
was referred thereto, it shall issue a certification to that government unit, as the case may be. Stations for collecting
effect. Thereafter, the dispute shall be formally tried by the signatures may be established in as many places as may be
sanggunian concerned which shall decide the issue within warranted.
sixty (60) days from the date of the certification referred to
above. 7. Upon the lapse of the period herein provided, the
COMELEC, through its office in the local government unit
Appeal. - Within the time and manner prescribed by the concerned, shall certify as to whether or not the required
Rules of Court, any party may elevate the decision of the number of signatures has been obtained. Failure to obtain
sanggunian concerned to the proper Regional Trial Court the required number defeats the proposition.
having jurisdiction over the area in dispute. The Regional Trial
Court shall decide the appeal within one (1) year from the 8. If the required number of signatures is obtained, the
filing thereof. Pending final resolution of the disputed area COMELEC shall then set a date for the initiative during which
prior to the dispute shall be maintained and continued for all the proposition shall be submitted to the registered voters in
legal purposes. the local government unit concerned for their approval within
sixty (60) days from the date of certification by the COMELEC,
Local Initiative Defined. - Local initiative is the legal process as provided in subsection (g) hereof, in case of provinces and
whereby the registered voters of a local government unit may cities, forty-five (45) days in case of municipalities, and thirty
directly propose, enact, or amend any ordinance. (30) days in case of barangays. The initiative shall then be
held on the date set, after which the results thereof shall be
Who May Exercise. the power of local initiative and certified and proclaimed by the COMELEC.
referendum- May be exercised by all registered voters of the
provinces, cities, municipalities, and barangays. Effectivity of Local Propositions. - If the proposition is
approved by a majority of the votes cast, it shall take effect
Procedure in Local Initiative fifteen (15) days after certification by the COMELEC as if
affirmative action thereon had been made by the sanggunian
1. Not less than one thousand (1,000) registered voters in and local chief executive concerned. If it fails to obtain said
case of provinces and cities, one hundred (100) in case of number of votes, the proposition is considered defeated.
municipalities, and fifty (50) in case of barangays, may file a
petition with the sanggunian concerned proposing the Limitations on Local Initiative
adoption, enactment, repeal, or amendment of an ordinance.
1. The power of local initiative shall not be exercised more
2. If no favorable action thereon is taken by the sanggunian than once a year.
concerned within thirty (30) days from its presentation, the
proponents, through their duly authorized and registered 2. Initiative shall extend only to subjects or matters which are
representatives, may invoke their power of initiative, giving within the legal powers of the sanggunian to enact.
notice thereof to the sanggunian concerned.
3. If at any time before the initiative is held, the sanggunian
3. The proposition shall be numbered serially starting from concerned adopts in toto the proposition presented and the
Roman numeral I. The COMELEC or its designated local chief executive approves the same, the initiative shall be
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cancelled. However, those against such action may, if they so
desire, apply for initiative in the manner herein provided.
The COMELEC shall certify and proclaim the results of the said
referendum.
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PART 6: PUBLIC INTERNATIONAL LAW the generally accepted principles of international law, the
same being considered as part of its own laws.
Private international law vs Public international law
In consonance with this doctrine, The Philippines is bound by
Private international law any resolution which is duly approved by the UN General
1. It deals with private individuals. Assembly, or by any treaty, commitment, or agreement
2. It is really municipal or national in character because each reached in an international convention, especially when the
state has its own conflict rules. Philippines is a party or a signatory to the said agreement or
3. Relief or reliefs prayed for may be obtained from municipal treaty. But even if it is not a signatory, the Philippines is
tribunals. bound by the Hague Convention because it embodied the
generally accepted principles of international law binding
Public international law upon all states.
1. It governs the realtion of sovereign states and other
entities with an international personality. PIL vs Municipal Law
2. They are generally accepted principles of public
international law, giving to the subject an international PIL
nature. 1. It is more difficult to enforce because it is enforced by the
3. Sanctions may be in the form of peaceful remedies. In collective wills of equals (sovereign states)
extreme measures may be employed like war and reprisal. 2. The principal sanctions are reprisals and war.
3. The international order is relatively decentralized.
Basis or foundation of Public International Law 4. Collective responsibility is the rule for failures or omissions.
In actual practice, common consent and natural moral law are Municipal Law
determinative factors in interstate relationship. This is 1. Obedience to municipal law is easier to enforce because
founded on the reason that common consent necessarily the citizens recognize the superiority of their government and
commands the faithful compliance of commitments made, or its duly constituted authorities.
arrived at, in the course of a common agreement. 2. Law is enforced through criminal punishment or execution
of judgment.
3 Schools of thought 3. It is relatively a centralized coercive order because there is
one central authority that generally legislates for everybody
1. Natural School of thought- It claims that the basis is the within the state.
natural common law, which in turn, is based on the rule of 4. Individual responsibility generally prevails.
human conduct implanted by the creator in the very nature
of man in his conscience to do what is right and to avoid what Monistic view- Both laws depend on each other and both are
is evil. ultimately directed to the same individual because a state is
composed of individuals. While ostensibly, PIL deals with
2. Positivist School of thought- According to this, the basis is foreign affairs and national laws concerns itself with domestic
the common consent of states. affairs, every so-called domestic affair of a state can be made
the subject matter of an international agreement. Hence, it is
3. Eclectic School of thought- Holds the view that Public transformed into a foreign affair.
International Law is premised both on natural moral law and
on common consent. Dualistic or Pluralistic View- PIL is completely distinct from
municipal law and international law and national law are
States observe PIL because: mutually independent of each other and because the subject
1. They believe in the reasonableness of the law of nations. matter of PIL is foreign affairs and the subject matter of
2. They fear reprisal from the other states. municipal law is domestic affairs. Besides, PIL is created by
3. They fear being unconventional. the cooperation of two or more states whil national law is
created by the acts of one state and even by actuations which
Relationship of PIL and Municipal law in general- Although are not officially acts of states.
international in character, PIL could be considered as part of
municipal law of a state based on the Doctrine of Conflict between a treaty and a municipal constitution-
Incorporation in political law. From the point of view of the state itself, our constitution
provides that a treaty may be declared unconstitutional by
Doctrine of Incorporation- Under this doctrine, a state is, by the courts. From this point of view, the municipal law
reason of its membership in the family of nations, bound by prevails.
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Agustin vs Edu 3. Stinson Doctrine- No recognition shall be extended to a
government established through external aggression.
1. The government of the Philippines ratified the 1968 Vienna
Convention on Road Signs and Signals, hence, the LOI was 4. Tobar/Wilson Doctrine- Recognition of government which
issued precisely to be able to fulfil its obligation to install is established by revolutionary means shall not be extended
safety signs and devices and to carry out the until the said government shall have established a
recommendation of the said convention. The said LOI is constitutional reorganization and shall freely elected its
therefore valid. representatives.
2. The said letter of instruction is valid exercise of police 5. Estrada Doctrine- A recognizing state will not issue a
power. It is a measure designed to insure safety and to avoid declaration giving recognition to another government which
traffic accidents. is established through a political upheaval. Instead, it will
merely accept whatever government has effective control
International law may become municipal law under the without making a judgment on whether the government that
following: is recognized is legitimate or not.
1. Incorporation
2. Transformation Effect of recognition- The government will enjoy the support
and popular consent or approval of the people and it must
Transformation- International law may be transformed into a show willingness and ability to discharge its internaqtional
domestic law by and through a local legislation. obligations.
Theories on recognition 1. That government which gets possession and control of, or
usurps, by force or by the voice of the majority, the rightful
1. Majority view/Declarative View- Holds that recognition legal government and maintains itself against the will of the
merely affirms an existing act. It depends on the recognizing latter.
state if it will affirm or not that such state is being recognized
has indeed all the essential elements of the state. 2. That which is established and maintained by military forces
who invade and occupy a territory of the enemy in the course
2. Minority View/Constitutive View- Which holds that of war, and which is denominated as a government of
recognition is compulsory and legal. This means that the paramount force.
recognizing state may be compelled to extend recognition if
the elements of a state are established.
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3. That established as an independent government by the Example: In the exercise of its rights, the Philippines, as a
inhabitants of a country who rise in insurrection against the sovereign state, can enforce said right and may even sue in
parent state. the ICJ. On the other hand, the Philippine Republic may be
sued in the International Tribunal for its official functions.
Characteristics of a De Facto Government:
Object of International law- The object is a person or thing
1. Its existence is maintained by active military power within indirectly vested with rights and obligations in the
the territories and against the rightful authority of an international order.
established and lawful government.
Example: A Filipino private citizen has rights which owe to be
2. While it exists, it must necessarily be obeyed in civil respected by other states but if he has some grievances, he
matters by private citizens who, by acts of obedience has to course the same through the republic and its
rendered in submission to such force do not become diplomatic offices.
responsible, as wrongdoers, for those acts, though not
warranted by the laws of the rightful government. Subjects of international law
1. States
3. Actual governments of this sort are established over 2. Colonies
districts differing greatly in extent and conditions. They are 3. Dependencies
usually administered by military authority, but they may be 4. Belligerent
administered also by civil authority, supported more or less
directly by military force. Private individuals- The right of individuals as against the
states are now protected. In fact, in case of crimes against
Succession of state vs Succession of government humanity like genocide, victims are afforded the opportunity
to participate in the proceedings.
A. Succession of state
In cases where international law does not give an individual
1. Political laws are abrogated while municipal laws remain in direct rights and obligations on account of a treaty or general
force. principle, the individual, in such a case, may only be treated
as object of international law, and for which reason, such
2. Treaties are discontinued except those dealing with local individual does not have a standing to espouse a direct claim
rights and duties. in the international legal order.
3. All rights of the predecessor state are inherited, but the Status of an individual under PIL
successor state has the discretion to assume or reject
liabilities. 1. Under the traditional concept, an individual is considered
only as an object of international law, and as such, he can
B. Succession of government only act through the instrumentality of his own state in
matters involving other states. The state of the individual,
1. The state continues as the same international person and not the individual himself, that can be a proper party for
except that its lawful representative is changed. purposes of claiming damages.
2. All rights of the predecessor government are inherited by 2. Under the following:
the successor. If the new government is organized due to a a. Doctrine of incorporation- A state is, by reason of
constitutional reform, which is duly ratified in a plebiscite, all its membership in the family of nations, bound by
obligations of the predecessor are assumed. the generally accepted principles of international
law.
3. However, if the new government is established through b. Universal Declaration of Human Rights- Proclaims
violence, the new government may lawfully dishonour the the basic individual rights which all its nations are
personal or political obligations of the predecessor, but not called upon to uphold.
those obligations of contracts entered into the ordinary c. Several treaties directly confer rights upon
course of official business. individuals and authorized them to bring lawsuits
against the state before national or international
Subject of International law- Is an entity directly endowed tribunals for redress of the private interest violated.
with rights as well as obligations in the international legal d. Mass extermination of national, racial, or
order. religious groups are crimes under international law.
In fact, perpetrators of this crimes are subject to
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punishment, whether it is a state or individuals who consequence stemming from the occurrence of such public
committed the crime. acts.
e. Pirates are directly and individually punishable for
their acts by whichever state has custody of them Limitations to the application of the Act of State Doctrine
f. The UN Charter recognizes fundamental human (Credit Suisse vs US, US 9th Circuit Court of Appeals District
rights as well as the dignity and work of a human No. 97-70193, 1997)
being.
1. There is an official act of a sovereign performed within its
Vatican City and the Holy See- it is a state because it own territory which is deemed valid.
possesses the essential elements of a state.
2. The relief sought or the defense interposed in the action
1. 1000 people are residing therein by virtue of their office. would require a court in the other foreign state where the
2. It has a definite territory. action is filed, based on such act of state to declare invalid the
3. There is a government- Pope as head of state. foreign sovereign’s official act.
4. There is independence- Under the Lateran treaty of
February 11, 1929 between Italy and the Holy See. 3. The doctrine covers only state action, not the action
5. Vatican City has a sufficient degree of civilization. between individuals.
6. It is recognized by almost all of the countries of the world.
Insurgent or rebels- Are regarded as organized groups who
Vatican City- Is concerned with material thins and occupies a are in the state or armed hostility towards an established
definite territory. government on account of political reasons or purposes.
Roman Catholic Church- Is pre occupied with things of the Rights of Insurgents or rebels
soul and spirit. Hence, it is tied to no limited territory.
General rule: no rights
Both are subjects of international law, and have some
international rights. Exception: If the civil strife has reached a stage where the
sovereignty of the state over the insurgent community is
Doctrine of State Continuity- Under this doctrine, a state already threatened or jeopardized, certain insurgent rights
does not lose its identity but remains one and the same may be tacitly admitted.
international person notwithstanding changes in the form of
government, in its headship, in its rank and title, in its Rules:
dynasty. 1. A foreign state shall refrain from interfering in the
hostilities involving the parent state and insurgent
Acts of state doctrine- The foreign court chooses to uphold community.
and respect the foreign state’s act done within its territory on 2. If the insurgents committed hostile acts against the foreign
the reasoning that if it will not do so, it woul imperil the state, it may punish them or turn them over to the parent
amicable relations between governments and vex the peace state.
of nations. 3. If the acts committed are in the nature of piracy, they are
considered private in character, hence, no insurgent rights
Sabatino Amendment- No court in the US should decline arise.
because of the Act of State Doctrine seems to make a 4. If the existence of insurgent rights is admitted by the
determination on the validity of a confiscation of property by foreign state, the parent state is till liable for the acts
a foreign state in violation of the principles of international committed by the insurgent community within the
law, since the, the doctrine was abandoned by the courts. jurisdiction of the said parent state.
5. If an insurgent community has been given insurgent rights,
First National City Bank vs Banco National De Cuba- The US it does not mean that the community has acquired the status
Supreme Court held that the doctrine should not be applied of a belligerent and neither is there an official recognition of
where the executive branch expressly represents to the court the insurgents as belligerent community.
that the application of the doctrine would not advance the
interests of American Foreign Policy. Insurgents as belligerents- When the insurgency has reached
a serious proportion, the rebels, instead of being merely
What is precluded by the Act of State Doctrine- Only considered insurgents may properly be called belligerents and
precludes the legality, validity, and propriety of acts and their community a belligerent community. Subject to the
investigations of foreign sovereigns in its own boundaries. It
does not preclude judicial resolutions of all commercial
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following conditions: 2. Supervisory- Such as receiving and considering annual and
1. The hostilities must be of the character of war and carried special reports from the other organs of the UN.
on in accordance with the laws of war. 3. Financial- Consideration and approval of the budget of the
2. The end must be political in character organization, the apportionment of expenses, and etc.
3. The proportions of the revolt must be such as to render 4. Elective- Such as the election of the non-permanent
the issue uncertain and to make its continuance for a members of the Security Council.
considerable time possible. 5. Constituent- Such as the admission and amendment of the
4. The conduct of the hostilities and general government of Charter.
the revolting community must be in the hands of the
responsible organization. D. Session of the General Assembly
United Nations Its regular session is held once a year. It may hold special
The League of Nations was organized in 1919, five years after sessions called by the Secretary General at the request of the
the WWI. Its purpose is to achieve international peace and Security Council or a majority of the members.
encourage international cooperation. The United States was
not a member of the League of Nations. It was dissolved on Required vote on several questions:
April 19,1946 1. On important questions- peace, security, membership,
elections, trusteeship system, budget- 2/3 vote of all the
Creation of the United Nations after dissolution of the League members present and voting is required.
of Nations- Effect of the Second World War. 2. On the other questions, a simple majority is sufficient. To
classify if a question is important, the vote required is a
Purposes of the UN simple majority.
1. The attainment of international peace and security.
2. The development of friendly nations. Security Council- Is the key organ in the maintenance of
3. The achievement of international cooperation. international peace and security.
4. The use of the UN as the center for the harmonizing of
actions to attain these aims. A. Composition
1. 5 permanent members:
Principles of the UN China
1. Sovereign equality France
2. Good faith Russia
3. Peaceful settlement of disputes United Kingdom
4. Avoidance of threat or use of force United States
5. Members to assist UN 2. 10 elective members
6. UN to ensure that non-members will act properly 5- African and Asian states
7. Non-intervention 2- Latin America
2- Western Europe
Organs of the UN 1- Eastern Europe
1. General Assembly
2. Security Council B. Voting power- For elective members, no re-election is
3. Economic and Social Council allowed.
4. The Trusteeship Council
5. International Court of Justice C. Classification of functions- The Security is expected to
6. Secretariat function continuously and sessions may be called at any time,
thus, the representative of the member states should always
General Assembly be available.
A. Composition- All members of the organization, each of D. Required vote on several questions- Each member of the
which is entitled to send not more than 5 representatives and Security Council shall have one vote. But distinction is made
5 alternates. between permanent members and the non-permanent
members in the resolution of substantive questions.
B. Voting power- Each member only has one.
The Security Council may exert effort to settle the dispute but
C. Classification of functions: if this fails, it may resort to enforcement action like the use of
1. Deliberative- Initiating studies and making air, naval and land forces to restore the international peace
recommendations for the development of international law. or it may require the member states to put into effect the
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interruption of economic, transportation or communications qualifications required in their respective countries, or are
relation with Iran using as basis the provision of Art 33 in jurisconsults of recognized competence in international law.
relation to Arts 41 and 42 of the UN Charter.
2. The court shall consist of 15 members, no two of who may
The UN Charter requires the affirmative vote of 7 of the 11 be nationals of the same state.
members constituting the council, and said seven votes must
include the concurrent vote of all 5 permanent members of How are they elected?- They shall be elected by the General
the Council like US, Russia, China, Great Britain, and France. Assembly and the Security Council from a list of persons
This is needed for the Security Council to assume jurisdiction nominated by the national groups in the Permanent Court of
and make the resolution as aforementioned. Arbitration.
Economic and Social Council Term of office- They are elected for 9 years and may be re-
elected, provided, however, that of the judges elected at the
A. Composition- Composed of 54 members elected by the first election, the term of 5 judges shall expire at the end of 3
General Assembly for a three-year term. years and the terms of 5 more judges shall expire at the end
of 6 years.
B. Functions
1. It shall exert efforts towards higher standards of living, Court is permanently in session- The court shall remain
conditions of economic and social progress and development. permanently in session except during the judicial vacations,
the dates and duration of which shall be fixed by the court.
2. It shall exert efforts to solutions of international economic,
social and health and related problems. Jurisdiction- The jurisdiction of the court comprises all cases,
which the parties refer to it, and all matters specifically
3. It shall exert efforts for universal respect for and provided for in the Charter of the UN or in treaties and
observance of human rights and fundamental freedoms. conventions in force.
C. Voting power- decisions are reached by a simple majority. Basis of Court’s Jurisdiction- It is based on the consent of the
parties. Article 36 of the Statute of the ICJ provides; The state
The Trusteeship Council parties to the present statute may at any time declare that
they recognize as compulsory ipso facto, and without special
A. Composition agreement, in relation to any other state accepting the same
1. Composed of members of the UN administering trust obligation, the jurisdiction of the court, disputes concerning:
territories. 1. The interpretation of a treaty.
2. It is composed of permanent members of the Security 2. Any question of international law
Council not administering trust territories. 3. The existence of any fact which, if established,
2. It is composed by as many other members elected by the could constitute a breach of an international
General Assembly as may be necessary to ensure that the obligation.
total number of members is equally divided between those 4. The nature or extent of the reparation to be made
members of the UN which administer trust territories and for the breach of an international obligation.
those which do not.
Seat of the ICJ- Peace Palace Hague, Netherlands
B. Voting Power
1. Each member of the council shall have one vote. Dalveer Bhandari- Current Chief Justice of the ICJ
2. Decisions of the Trusteeship Council shall be made by a
majority of the members present and voting. Official languages of the court- English and French
International Court of Justice Ex aequo et bono- The case be submitted on the principle of
what is good and just. The ICJ may decide a case ex aequo et
Function- It is the principal judicial organ of the UN. bono that is according to the rules of equity.
Composition and qualification Ex aequo et bono is a Latin phrase that is used as a legal term
of art. In the context of arbitration, it refers to the power of
1. The court shall be composed of a body of independent arbitrators to dispense with consideration of the law but
judges, elected regardless of their nationality from among consider solely what they consider to be fair and equitable in
persons of high moral character, who possess the the case at hand.
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Secretariat A general conference called by a majority vote of the General
Assembly and any 9 members of the Security Council, may
Composition- Headed by a Secretary General who is chose by propose amendments by 2/3 vote of the conference.
the General Assembly upon recommendation of the Security
Council. He shall be the Chief Administrative officer of the Effectivity of the amendment- It shall take effect when
organization. ratified by 2/3 of the members of the UN including the
Functions: permanent members of the Security Council.
1. The Secretary General is the highest representative of the Fundamental Rights of States
UN and is authorized to act in its behalf. 1. Existence, integrity, self-preservation
2. Acts as secretary in all meetings of the General Assembly, 2. Sovereignty and independence
the Security Council, the Economic and Social Council, and the 3. Equality
Trusteeship Council. 4. Property and jurisdiction
5. Legation or diplomatic intercourse
3. The Secretary General and his staff are international civil
servants, and they cannot receive instructions from any Right to exist- A state exist because it possess the essential
government or source outside the UN. elements of 1. People 2. Territory 3. Government 4.
Sovereignty. It is on this basis that it afcquires a personality in
4. The Secretary General enjoys the right of political initiative the international order and arising from this personality are
and may bring to the attention of the UN Security Council any corresponding rights and responsibilities. Its success and
matter which, in his opinion may threaten international peace ability to exercise its expected role in the world order
and security. depends on its continued existence. In fact, to be able to
insure its survival, Article 5 of the UN Charter grants it the
Antonio Guterres- Current Secretary General. Right of Individual or Collective Self-defense.
Members of the United Nations Self-defense- Is the right of the state to defend itself from an
1. Original members- Those who signed the UN Charter and external aggression. The necessity for self-defense is
ratified it. determined by the party attacked and in the exercise of this
2. Subsequent members- Those subsequently admitted. right, it has the right to repel force with force.
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2. Performance of the obligations of reparation in the interest
Rationale behind collective self-defense or alliances of the state, entity, or individual which is especially affected
1. There is strength in union and there is security in collective by the breach.
strength. 3. Restitution should be affected unless materially impossible.
2. To give members the feeling of safety through mutual
protection and outright combination of strength. Principle of Auto limitation- Any state, may, by its consent,
express or implied, submit to a restriction of its sovereign
Nicaragua vs US- A state may not exercise the collective right rights. It may, if it chooses to, refrain from the exercise of
of self-defense without the explicit request for assistance what otherwise is illimitable competence.
from the state or states on whose behalf the right is to be Different Kinds of Intervention
exercised. This is the ruling of the ICJ when the US came to 1. Internal Intervention- Is the interference by one state in
the defense of El Salvador, Honduras, and Costa Rica. The the purely domestic affairs of another state.
condition sine qua non required for the exercise of the right 2. External Intervention- Is the interference by one state in
of collective self-defense was not fulfilled. the foreign relations of another state.
3. Individual Intervention- Exists when only one state
Sovereignty- Is defined as the supreme power in a state by interferes.
which the state is governed. Or the supreme, absolute, 4. Collective Intervention- Exists when two or more states
uncontrollable power by which any state is governed. interfere as a group.
5. Diplomatic Intervention/Intercession- Interference
It is also defined as the union and exercise of all human through diplomatic channels.
powers possessed in a state. It is a combination of all powers, 6. Armed/Punitive Intervention- Intervention through the
it is the power to do everything in a state without use of armed force. It is unlawful under the UN Charter.
accountability.
Right of Equality- It does not mean absolute equality. It
Sovereignty vs Independence- Is the supreme power of the means legal equality or equality before the law, which means
state by which that the state is governed. It has two aspects; that the rights of the state, regardless of its size, population,
internal and external. In its internal aspect, sovereignty is the power, degree of civilization, wealth, must be respected. And
power inherent in the people or vested in its ruler by the if a state has obligations, it has to respect them and comply
constitution to govern the state. Such sovereignty does not, them.
in any degree, depend upon its recognition by other states. In
its external aspect, sovereignty consists in the independence Weakness or limitation of sovereign equality- It is difficult, if
of one political society in respect to all other political not absolutely impossible to enforce the said principle
societies. The external sovereignty of state requires the because a permanent member has a veto power, and there
recognition by other states in order to render it perfect and are permanent and temporary members in the council.
complete. The external manifestation is what is called
independence. Par in parem non habet imperium- No state can claim
jurisdiction over another state.
Sovereignty and independence of a state is not absolute, it is
subject to the limitations imposed by treaty stipulations or 3 domains of a state
those arising from membership from the UN. 1. Terrestrial
2. Fluvial or maritime
Rights and benefits arising from state’s sovereignty and 3. Aerial
independence
1. It determines its own form of government. Modes of acquiring territories
2. It manages its own government. 1. Discovery and occupation
3. It can enter into treaties and conduct foreign relations. 2. Prescription
4. It can determine its national policies regarding national 3. Cession
defense, natural resources, immigration, currency, etc. 4. Conquest and subjugation
5. It manages its own affairs free from control, dictation, 5. Accretion
intervention of other states.
Discovery and occupation- This is an old mode of acquiring
Erga Omnes obligation- Obligation of a state towards the ownership when territories were not yet discovered and
international community as a whole. occupied can be acquired by the discovering state under the
principle of terra nullius, it can be acquired under the
Remedies for breach of Erga Omnes obligations: principle of discovery and occupation.
1. Cessation of the internationally wrongful act.
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Rights from discovery and effective occupation and 1. Alluvion- Gradual and imperceptible addition to the bank
administration: of rivers.
1. Actual or real title of the territory acquired by effective
possession and administration. 2. Avulsion- Accretion which takes place when the current of
2. The continental shelf of the territory discovered and a riverm creek, or torrent segregates a known portion of land
effectively occupied should also belong to the acquiring state. from an estate on its bank and transfers it to another estate.
3. Insula Nata- An island formed in the sea. It is a property of
Continental shelf of a country- It is that part of the seabed the first occupant but it belongs to no one before it was
and subsoil of the submarine areas continuous to the coast occupied. If it is formed in a river, and it occupies the middle
but outside the area of the maritime zone. of the river, it belongs to the owner of the nearer margin. If it
is nearer to one side than the other, it belongs to the person
It is important because of the rich natural resources found who possess lands contiguous to the bank on that side.
therein.
4. Alveus Derelictus- Whenever there is a change in the
Kalayaan Islands course of the river, the old riverbed belongs to those who
1. Subject to Philippine sovereignty because it was discovered possess lands adjoining its banks in proportion to the extent
by a Filipino, Tomas Cloma who subsequently ceded these along the banks of their respective estates. The new river
rights to the Philippine government. becomes a public property.
2. The Philippines exercised its jurisdiction over the islands.
3. The Philippines laid formal claims to the islands by virtue of Fluvial or maritime domain
occupation. 1. Internal waters
4. The Philippines registered its claim with the UN Secretariat. 2. Rivers
3. Bays and gulfs
Cession- It is a mode of acquiring territory made either 4. Straits
voluntarily or involuntarily. 5. Canals
6. Archipelagic Waters
Conquest and subjugation- It is the acquisition of sovereignty
of a country by force of arms exercised by an independent Archipelagic Doctrine- The Philippine Archipelago is
power, which reduces the vanquished to the submission of its considered as one integrated unit instead of being divided
empire. into more than 7,000 islands. This assertion, together with
the application of the straight base line method, is what is
Physical conquest is not sufficient for the title to ripen to real referred to as the Archipelagic Doctrine. By using this
ownership, there must be annexation or subjugation. method, the outermost points of our archipelago are
connected with straight baselines and all waters inside the
Annexation or subjugation- It takes place if a formal cession is baselines are considered as internal waters.
made in the treaty of peace.
Innocent Passage- It is the right of foreign vessels to pass
Conquest- Not a legitimate mode of acquiring territory under through territorial waters especially those connecting two
the UN Charter. Art 2 (4) UN Charter- All members shall open seas provided:
refrain in their international relations from the threat to use 1. That the passage is “innocent” which means that
of force against the territorial integrity or political there is no ulterior motive for the passage, and all
independence of any state, or in other manner inconsistent the regulations of the state concerned must have
with purpose of the UN. been complied with.
2. That there is only passage which means that there
Accretion- It is a mode of acquiring property produced by or is merely a passing through, with no loading or
which is attached or united to a thing already owned by a unloading of any person or goods.
person. In Roman Law, this is known as accesio which may
either be: Foreign vessels may be allowed innocent passage within the
Accesio Continua- Occuring as consequence of archipelagic waters but the right to do so may be suspended
forces external of the thing itself. after publication in the interest of international security.
Accesio Discreta- Occuring as a consequence of
forces inherent in the thing itself. Territorial Sea- It is that portion of the sea adjacent tot the
Accesio Continua- May be natural or artificial. coast of the state which is under its jurisdictional control.
Natural Accessio Continua Breadth and width of the territorial sea- 12 nautical miles
from the low water mark, or baselines.
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Open seas- That part of the sea which is not included in the 4. Sovereignty is subject to easement- While the sovereignty
territorial sea or internal waters of any state. over the air space remains with the subjacent state, it is
subject to the easement of innocent passage for foreign
Freedom of the Seas Principle- It means that no part of the aircraft.
sea as such can be subjected to the sovereignty of any state.
It cannot therefore be incorporated into the territory of any Present rules on international aviation
states through occupation. 1. Regular Airline Services- Scheduled landings and
departures.
It is the common highway of all, appropriated to the use of 2. All other forms of international aviation:
all; and no one can arrogate to himself a superior or exclusive 1. Flights in transit are recognized without prior
prerogative there. Every ship sails there with an permission.
unquestionable right or pursuing her own lawful business 2. Refueling stops is recognized without prior
without interruption. And whatever may be that business, permission
she is bound to pursue it in such a manner as not to violate 3. Right of cabotage- Right to transport goods and
others. persons between points in the same state.
.4. Aircraft may carry the nationality of the state of
The right to use the open seas may be regulated by treaty, registration.
hence not absolute.
Every state has complete and exclusive sovereignty over the
Freedom of navigation- It refers to the right to sail ships on airspace above its territory. This shall not include outerspace.
the high seas, subject only to international law and the laws
of the flag state. No other states have the right of innocent passage over the
air territory of another state.
Contiguous Zone- It is the zone extending up to 12 nautical
miles from the territorial sea. Although not technically a part Outer space and all celestial bodies are res communes.
of the territory of any state, the coastal state may exercise
limited jurisdiction over the contiguous zone as a preventive Right of Legation or diplomatic intercourse- This is the right
measure to insure that customs laws, immigration and of a state to send envoys or establish diplomatic missions, or
sanitary laws are properly and effectively executed. the right to receive such envoys or missions. The first is
known as the ACTIVE right of legation and the second is
Exclusive Economic Zone- It is the zone which extends up to PASSIVE right of legation.
200 miles from the low water mark or the baselines as the
case may be. Ex: Scarborough Shoal Agents of diplomatic intercourse
1. Head of state- He represents the sovereignty of the state.
Continental shelf- It is the sea bed and the subsoil of the a. The conduct of foreign relations is essentially an
submarine areas that extend beyond its territorial sea executive function.
throughout the natural prolongation of its land territory to b. The president alone, cannot however, execute and
the outer edge of the continental margin or to a distance of implement our foreign policies. The DFA represented
200 miles from the baselines from which the territorial sea as by the Secretary of Foreign Affairs executes our
measured where the outer edge of the continental margin foreign policies through the various diplomatic and
does not extend up to that distance. consular officials.
c. The head of state may conduct diplomatic
Aerial Domain- Refers to the air space above the land and intercourse personally in the following instances:
waters. 1. When he attends a summit conference
2. When he visits foreign states officially
1. Airspace above the territory of the state- They are - He Is entitled to full diplomatic
completely subject to the sovereignty of the state. honors and privileges.
- He he travels incognito, he cannot
2. Free aerial navigation- Air, like the high and open seas, is claim diplomatic immunity unless
open to free navigation by all aircraft, domestic and foreign, he decides to reveal and prove his
subject to the right of state to provide for the security of the identity.
territory. - In incognito visit with the
knowledge of the state, he receives
3. Two-Zone Territory- There is a lower zone of territorial air diplomatic privileges. However, to
space and higher unlimited zone of free air space. preserve the “unofficial character”
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of the mission he does not get
ceremonial honors. 2. diplomatic passport- This authorizes his travel and
2. Diplomatic Officers describes both his person and his office.
A. Ambassadors- They are political, cultural,
economic, and social representatives of their 3. Instructions- Special diplomatic agents receives a
countries to a foreign state. Their offices are called document of general full powers (pleins pouvoirs) with
embassies. authority to negotiate on extraordinary or special business.
B. Ministers plenipotentiary or envoys
extraordinary- They are ministers assigned to attend 4. Cipher or code or secret key- For communication with his
a special function. country.
C. Ministers resident- They are political, cultural,
economic, and social representatives of their Functions and duties of a diplomatic mission
countries to a foreign principal city. Their offices are 1. To promote friendly relations between the sending state
known as Legations. and the receiving state, and the development of their
D. Charges d’ affairs (in charge of affairs)- They are economic, cultural, and scientific relations.
those officially below the rank of the ministers 2. To observe and report to his country the developments in
residents. They take over when the latter is absent. the receiving state.
In other words, they are temporarily in charge no 3. To protect the interests of the nationals of his country
matter what their official rank or designation may within the limits allowed by international law.
be. 4. To represent his country in the receiving state.
5. To negotiate with the government of the receiving state.
Diplomatic Staff- They engage in diplomatic activities and
accorded diplomatic rank Waiver of immunities
1. If purely personal, the individual concerned may make the
Administrative and Technical Staff- Those employed in the waiver.
administrative and technical service of the mission. 2. If the right is not personal, but official, the home
government must make the waiver in behalf of the chief of
Service Staff- Those engaged in the domestic service of the mission.
mission. 3. In case of subordinates, the waiver of non-personal rights
is done either by the home government or by the chief of
Diplomatic Corps- All diplomatic envoys accredited to the mission himself.
same state from a body known as a “Diplomatic Corps”. The
head of this body is usually the Papal Nuncio, if there is one, Kinds of waiver
or oldest ambassador. If there are no ambassadors, it is the 1. Express
oldest minister plenipotentiary who is the head of the 2. Implied- Failure to assert immunity at the time of suit.
diplomatic corps. 3. Presumed- When the envoy himself sues, he necessarily
should allow a counterclaim against himself if it should arise
The receiving state has the right to refuse to receive as from the same transaction and sometimes, even if the
envoy of another state one whom it considers as persona non countersuit comes from an unrelated claim.
grata.
Right of Asylum- Is the authority of the state to allow an alien
Agreation- It is an informal inquiry (enquiry) to find out the who has sought refuge from prosecution or persecution to
acceptability of a proposed envoy and informal conformity remain within the territory and under its protection.
(agremen) of the receiving state to the appointment of the
said envoy. 2 Species of Asylum
Diplomatic faux pas- If an appointment is made without 1. Territorial Asylum- Refuge within the territory of the
agreation. sheltering state, the protection which a refugee obtain by
escaping to, or remaining upon, the territory of the state
Papers that the envoy presents to the receiving state: other than the state that wants him, until protection is
terminated by extradition.
1. Letter of Credence (Letre de creance)- This states the
name of the representative, his rank, the character and 2. Extraterritorial Asylum- Asylum in what ae considered the
general object of this mission. It also contains a request for extensions of a state’s territory includes:
favourable reception and full credence. It is sealed but the a. Asylum in foreign public ships
ambassador has copies of the same.
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b. Diplomatic asylum- The protection afforded by 1. The surrender by force of a wanted person by the
the state to a refugee by granting hi, an asylum in or requested state to the requesting state.
upon its diplomatic buildings within the territory of 2. May only be made pursuant to a treaty between the
the state that wants him. requesting and requested.
3. It is for the benefit of the requesting state.
Duration of immunities and privileges-The same are enjoyed
by the envoy from the moment he enters the territory of the Deportation
receiving state and shall cease when he leaves the country. 1. The expulsion of an unwanted or undesirable alien.
With respect to official act, however, immunity shall continue 2. It is an exercise of sovereignty and a decision made by a
indefinitely. state.
3. it is an order of a state acting on its own and according to
Immunities and privileges are available even in transit or its laws, interests, and processes.
while travelling through a 3rd state on the way to or from the
receiving state. Consul- A consul is a commercial agent appointed by his
government to reside in a foreign city, and permitted by the
Ambassadors- immunity from prosecution whether the foreign state to do so in order that he may watch over the
crime committed was done in his official or private capacity. commercial rights and privileges of his own country therein
and thus protect the rights of his country’s nationals.
Consuls- Immunity from crimes committed on his official
function only. Different Kinds of Consuls
A. As to character
Termination of diplomatic mission 1. Consules Misi (Consuls de Carriere)- Literally means
1. Death consuls of career. They are professional consuls hence, they
2. Resignation are not allowed to engage in any other profession or
3. Removal business.
4. Abolition of office. 2. Consules Electi/Honorary or commercial consuls- They are
5. Recall by the sending state. selected by the appointing government either from its own
6. Dismissal by the receiving state. citizens engaged in the business in the country in which they
7. War between the receiving and sending state. will be allowed to exercise consular functions or from among
8. Extinction of the state. the nationals of the foreign state involved.
B. As to rank
Extradition- Is the removal of an accused from the requested 1. Consul general- He heads several consular districts, or one
state (the Asylum state) with the object of placing him at the exceptionally large consular district.
disposal of foreign authorities to enable the requesting state 2. Consul- He takes charge of a small district or town or port.
or government to hold hi, in connection with any criminal 3. Vice-Consul- He assists the consul.
investigation directed against him or the execution of a 4. Consular agent- He is usually entrusted with the
penalty imposed on him under the penal or criminal law of performance of certain functions of the consul.
the requesting state or government.
2 Important documents necessary before the assumption of
Authority for extradition- May be implemented on the basis consular functions
of an extradition treaty between the parties, the party 1. Letter patent (lettre de provision)- This is the letter of
requesting the same and the party being requested. appointment or commission which is transmitted by the
sending state to the Secretary of Foreign Affairs of the
Persons subject to extradition- Those charged or convicted of country in which the consul is to serve.
offenses which under the treaty are grounds for extradition. 2. Exequator- This is the authorization given by the sovereign
of the receiving state to the consul, allowing him to exercise
Offenses subject to extradition- Those offenses defined and his functions within the territory. The exequatur may be
listed in the extradition treaty. granted conditionally, the grant may even be refused for any
or no reason, once granted, the exequatur may be unilaterally
A state may voluntarily extradite a criminal even without an withdrawn.
extradition treaty.
Functions of consular officers- Generally, the functions
Difference between extradition and deportation pertain to commerce and navigation and other administrative
functions like issuing visas (permits to visit his country) as
Extradition distinguished from passports (permits to leave the country
and which are usually issued by the DFA). Under Art `10 of the
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Family Code, marriages between Filipino Citizens abroad may outside its country, it is narrower and depends on the kind of
be solemnized by a consul or vice-consul of the Republic of jurisdiction it seeks to invoke.
the Philippines. The issuance of the marriage license and the
duties of the local civil registrar and of the solemnizing officer Nationality principle- This means that the state may punish
with regard to the celebration of marriage shall be performed offenses committed by its nationals anywhere in the world. In
by said consular official. civil matters, the personal laws of many countries which have
Immunities and privileges of consular officials adopted the continental legal system follow their nationals
1. Unless given diplomatic functions, consuls are not generally wherever they are. Income tax laws also apply to persons on
entitled to diplomatic immunity. They are, however, granted the basis of nationality.
some privileges and immunities which may be essential for
the proper performance of their consular duties such as those Protective Principle- States claim extraterritorial criminal
granted under the 1963 Vienna Convention on Consular jurisdiction to punish crimes committed abroad which are
Relations: prejudicial to their national security or vital interests, even
1. They are not allowed freedom of communication when the offenses are perpetrated by non-nationals.
in cipher or otherwise
2. Inviolability of archives but no of the premises Universality Principle- A state also claims extraterritorial
where legal processes may be served and arrests jurisdiction over all crimes regardless of where they are
may be made. committed or who committed them, whether nationals or
3. They are exempt from local jurisdiction for non- nationals. Although this principle is generally considered
offenses committed in the discharge of official as forbidden in international law, it is recognized with respect
functions but not other offenses except minor to crimes which threaten the international community as a
infractions. whole an which are considered criminal offenses in all
4. They are exempt from testifying on official countries. The recognition however, does not extend with
communications or on matters pertaining to respect to the enforcement of action which means, agents of
consular functions. a state cannot effect arrest or make an apprehension in the
5. They are exempt from taxes, customs duties, territory of another state without the latter’s consent.
military or jury service.
6. They may display their national flag and emblem Passive personality principle- The state exercises jurisdiction
in the consulate. over crimes against its own nationals even if committed
outside its territory.
Causes for termination of consular functions:
1. Death of the consular official. Territorial Jurisdiction—The state has power and jurisdiction
2. Recall or dismissal of the consul. over persons and things within its territory. Those who are
3. Withdrawal of the Exequator. exempt from this power and jurisdiction are the following
4. Outbreak of war between the two states involved. 1. Foreign states, heads of states, diplomatic
5. Expiration of the period of appointment. representatives, and consuls to a certain degree.
6. Disruption of consular relations. 2. Foreign state property, including embassies,
consulates, and public vessel engaged in non-
Jurisdiction of states- it is the power exercised by the state commercial activities.
over persons, property, transactions or events. 3. Acts of state
4. Foreign merchant vessels exercising the rights of
A state must give due consideration to the interests of the innocent passage or involuntary entry such as arrival
international community as a whole and it should avoid under stress.
undue enroachments on the interests of the other members 5. Foreign armies passing through or stationed in tis
of the community. territory with its permission.
6. Such other persons or property, including
Basis of jurisdiction of states organizations like the UN, over which it may, by
1. Territorial principle agreement waive jurisdiction.
2. Nationality principle
3. Protective principle Personal jurisdiction- The state has power of jurisdiction over
4. Universality principle its nationals which may be exercised by the state even if the
5. Passive personality principle individual is outside the territory of the state.
Territorial principle- With respect to things, transactions, or Extraterritorial jurisdiction- The state has power and
happenings within its territorial limits. And to the extent jurisdiction beyond or outside its territory:
which a state exercises jurisdiction over persons or acts done
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1. When it asserts its personal jurisdiction over its 9. Right of transit through third states.
nationals abroad, or the exercise of its rights to 10. Freedom of religion
punish certain offenses committed outside its 11. Right to exercise jurisdiction within his residential and
territory against its national interests even if the official domicile.
offenders are non-resident aliens. 12. Right to precedence and to certain ceremonial honors,
according to rank.
2. When the local state waives its jurisdiction over 13. Right to grant asylum.
persons and things within its territory such as when
a foreign army stationed therein remains under the Exemption of properties from garnishment, seizure, and
jurisdiction of the sending state. execution exceptions:
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Treaty- It is an international agreement embodied in a single, 6. SEATO 1954
formal instrument entered into by and between signatory 7. Convention on the Law of the Sea 1982
states or international organizations of states, intended to 8. RP-US Extradition Treaty 1994
create rights and obligations, or to establish relationships,
governed by international law. Jus Cogens Restriction- A treaty is void if, at the time of its
conclusion it conflicts with a peremptory norm of general
international law.
Kinds of treaties: UN charter Restriction- In case of conflict between the
1. Pact- This is a special treaty usually entered into for obligations of the members of the UN under the UN Charter
sentimental reasons. and their obligations under any other international
2. Convention- This is an informal treaty which deals with agreement, their obligations under the UN Charter shall
specific subjects. prevail.
3. Agreement, arrangements, accord- This is an agreement to
administrative or technical matters. Jus Cogens norm- It is a norm recognized and accepted by the
4. Concordats- Agreements enteresd into by the Pope with international community of states as a whole as a norm which
various heads of states. no derogation is permitted and which can be modified only
5. Declarations- These are formal reciprocal agreements be a subsequent norm of general international law having the
which may deal with: same character.
The rights and privileges of the nationals of a state or
The principles in accordance with which states 3 Groups of Jus Cogens
propose to act. 1. First group- This group covers the maxims of international
Grounds for mutual action on part of states. law which protect First Group the foundations of law, peace,
2 Special Kinds of Declarations and humanity in the international order and which at present
o Reversales- Declarations that an error in are considered by nations as the minimum standard for their
etiquette or in the draftmanship of a treaty mutual relation.
should not be considered as a precedent. 2. Second Group- This group covers the rules of peaceful
o Lettres Reversales- Declarations that an cooperation in sphere of international law which protects
alteration in ceremonial practices is being fundamental common interests.
made only as an exception to the general 3. Third Group- This covers the protection of humanity,
rule. especially the most essential human rights.
6. Protocol- This may refer either to a supplemental treaty or
to an amendment to a treaty. Jus Dispositivum- Refers to norms of ordinary customary
international law which are derived from the consent of the
Executive agreement- Within the context of municipal law, it states and therefore only bind states which consent thereto.
may not be considered a treaty. However, it is equally binding
as a treaty from the standpoint of international law. Jus Cogens- They are duties which every state owes to the
international community as a whole as a norm from which no
Distinction between treaty and international agreement derogation is permitted and which can be modified only be a
subsequent norm of general international law having the
Treaty- Is concluded by the president with the advice and same character.
consent of the state. No treaty or international agreement
shall be valid and effective unless concurred in by at least 2/3 Classifications of treaties
of all the members of the Senate. A. From the viewpoint of Parties
1. Bipartite
Executive agreement- Is concluded by the president based on 2. Tripartite
authority granted by congress or based on the inherent 3. Multipartite
authority granted the president by the constitution. B. from the viewpoint of who should shoulder the obligation
1. Unilateral
Validity of a treaty may be reviewed by the courts of justice. 2. Bilateral
3. Trilateral
Treaties to which the Philippines is a party 4. Multilateral
1. RP-US Treaty of General Relation 1946. C. From the viewpoint of presence of absence of conditions
2. UN Charter 1945 1. Conditional
3. Genocide Convention 1950 2. Unconditional
4. RP-US Mutual Defense Treaty 1951
5. Treaty of Peace with Japan 1951 Essential requisites for a valid treaty
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2. Heads of diplomatic missions for the purposes of the text
1. Capacity- Means that the parties which could either be a of a treaty between the accrediting state and the state to
sovereign state or an international organization must have which they are accredited.
capacity to contract. 3. Representatives accredited by the states to an
international conference or to an international organization
2. Authority- Which means that the agents must be duly or one of its organs, for the purposes of adopting the text of a
authorized and competent to act on behalf of the states treaty in that conference, organization or organ.
represented.
Alternat- It is a principle whereby a state’s own name will be
3. Consent- Which means that the parties must freely give listed ahead of the other signatory, or signatories, in its own
their consent. official copy of the treaty. It is a practice devised to handle
sensitivities over precedence and to maintain the principle of
4. Conformity- Which means that the object and subject equality between the contracting parties.
matter must be in conformity with the principles of
international law. Accession to treaties- Accession is a process whereby a non-
signatory state later becomes a party to a treaty:
5. Ratification- Which means that the treaty must be properly
ratified by the various states concerned in accordance with 2 kinds of accession
their constitutional processes. 1. A non-signatory becomes a party in all its provision in
which case the process is termed accession power.
Steps in treaty making 2. A non-signatory becomes a party in some of the provisions
1. Diplomatic negotiation in which case the process is called either adhesion or
2. Signing of treaty by the representatives adherence.
3. Ratification of the treaty by the constitutional organs of the
respective states. A state which is not a party to a treaty may become bound
Accession- A non-signatory state may be bound by a by said treaty through:
treaty through a process known as accession. Upon 1. Accession
permission of the contracting parties, a third party 2. Most favoured nation clause
who did not participate or who did not ratify on time
may be bound by a treaty. Most favoured nation clause- A clause which provides that a
Reservation-A state which signs, accedes, or ratify a state pledges to give to the other signatory whatever
treaty may make a reservation to exclude or modify privileges or concessions the first state may give the third
the legal effect of certain provisions of treaty. The state.
state remains a party to the treaty despite its
reservation provided that it is compatible with the Pacta Sunt Servanda- Treaties must be observed in good
object and purpose of the treaty. faith. If a treaty is contrary to a signatory’s national
4. Exchange of the ratification instruments or deposit with constitution, the international legal order demands faithful
the government of one of the contracting parties or with an compliance with the treaty to avoid international
organ of an international organization. embarrassment. If necessary, the state concerned must even
5. Registration with and publication by the secretariat of the modify its national legislation and constitution to make it
UN. conform to the treaty.
When does a treaty becomes effective? - On the date agreed Rebus sic stantibus- A state may unilaterally withdraw from a
upon by the negotiating parties. If there is none, it becomes treaty when there is a vital change in the circumstances. The
effective as soon as the consent of all the parties to be bound reason for this is because if the change in the circumstances
by the treaty is established. affects a signatory state, and to comply with the treaty
provisions would seriously jeopardize its own existence, a
One who produces appropriate plein pouvoir is considered withdrawal is allowed because its fundamental right to exist
as a representative of a state for such purpose. is stronger than its duty to comply with the treaty.
When a representative be considered as representing the Requisites to validly invoke rebus sic stantibus
state if he has no full powers or plein pouvoir: 1. There is a vital change of circumstances.
1. Heads of state, heads of government and ministers for 2. That said change and circumstances so affect a signatory
foreign affairs, for the purpose of performing all the acts state that for it to continue to comply with the treaty
relating to the conclusion of a treaty. provisions would seriously jeopardize its own existence.
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3. The change must have been unforeseen or unforeseeable
at the time the treaty was perfected. 2. War as a state or condition of things- War is not the mere
4. The change must not have been caused by the party who is employment of force but the existence of the legal condition
invoking the doctrine. of things in which rights are or may be prosecuted by force.
5. The doctrine must be invoked at a reasonable time.
6. The duration of the treaty must be indefinite. 3. Concept of war in the international sense- War is
7. The doctrine cannot operate retroactively. sustained struggle by armed forces of a certain intensity
between groups of certain size, consisting of individuals who
Interpretation of treaties- Rules in the interpretation of are armed, who wear destructive insignia and who are
contracts are followed in the interpretation of treaties. subjected to military discipline under responsible command.
Interpretations made by the national courts of the state
cannot bind the other that made by an international tribunal 4. From the point of view of municipal law- A state of war
ought to have conclusive effect. may exist even when there is no war in the international
sense.
Revision of treaties- Art 14, UN Charter, The General
assembly may recommend measures for the peaceful Commencement of war
adjustment of any situation, regardless of origin which it 1. By an act of belligerent force without a previous
deems likely to impair the general welfare or friendly declaration of war.
relations among nations, including situations resulting from a 2. A declaration of war which must be communicated.
violation of the provisions of the present charter setting forth
the purposes and principles of the UN. Effects of war
1. Disruption of diplomatic, consular and other non-hostile
Causes for termination of treaties relations between two countries.
1. Expiration 2. Commercial intercourse between citizens of the
a. Fulfilment of a resolutory condition. belligerents is prohibited with some exceptions.
b. Period of duration has come to an end. 3. Enemy corporations are not allowed to continue their
c. Purpose has been achieved. operations.
d. Its objective has become an impossible thing to 4. Enemy persons are usually allowed to leave. If they decide
accomplish. to remain, they may be interned and be provide by food,
2. Dissolution clothing, shelter, medical assistance, religious facilities, and
a. Because a party to a bipartite treaty has become be allowed to communicate with foreign states. This may
extinct. however be restricted (1949 Geneva Convention)
b. Mutual withdrawal or cancellation. 5. Enemy property on land may be confiscated if owned by
c. Unilateral denunciation only if such right is given the government.
in the treaty. 6. Requisitioned if owned by private persons.
d. Unilateral act of termination because of violation 7. Enemy private property on the sea may be confiscated.
of the other of the terms of the treaty. 8. The same is true with respect to enemy merchant ships.
e. Rebus sic stantibus
f. Subsequent change in status of one of the parties. Participants in a war
g. War 1. The non-combatants
h. Conclusion of a subsequent inconsistent treaty. 2. The combatants
3. Annulment or nullification a. Non-privileged combatants- ex: spies. When
a. One of the signatories was at the time of the caught, they do not get the privilege of being
perfection of the treaty was incapacitated. considered as prisoners of war.
b. Error or fraud vitiated the consent. b. Privileged combatants- if captured, they are not
c. Object of the treaty is contrary to the principles of supposed to become prisoners of war
international law. 3. Privileged Combatants
d. Subject matter of the treaty is outside the a. Under a responsible commander
commerce of nations. b. They wear a fixed, distinctive emblem,
recognizable at a distance.
War c. They carry their arms openly
d. They conduct their operations according to
1. As a contest of arms- Using war as this basis, war is a customs of war and on land.
contention between two or more states through their armed
forces, for the purpose of overpowering each other and Right of Prisoners of war
imposing conditions of peace as the other pleases.
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1. They must be treated humanely, shall not be subjected to 1. Cessation of hostilities without conclusion of a formal
physical or mental torture, shall be allowed to communicate treaty of peace.
with their families, and may receive food, clothing, 2. Treaty of Peace- The decisive victory of one of the
educational and religious articles. belligerents leads it to impose its will upon the other.
3. Unilateral declaration- Defeat or unconditional surrender.
2. They may not be forced to reveal military data except the Status Quo Anti Vellum- Each of the belligerents is entitled to
name, rank, serial number, army, and regimental number, the territory and property which it has possession of at the
date of birth, they may not be compelled to work for military commencement of the war.
services.
Doctrine of Postliminium- The territory, individuals, and
3. all their personal belongings except arms, horses and property that have come to the possession or authority of the
military papers, remain their property. They are entitled in enemy reverts to the possession and authority of the original
certain cases to be compensated for work done. or legitimate sovereign. This also means that when a territory
has been occupied by the enemy comes again into the power
4. They may be interned in a town, fortress, camp, or any of the state during the progress of war through conquest or
other locality so long as it is healthful and hygienic, they are otherwise, the legal state of the things existing prior to the
bound not to go beyond certain limits. hostile occupation is re-established.
5. After the conclusion of peace, their speedy repatriation Specific effects of war
must be accomplished as soon as practicable.
A. Diplomatic relations
Necessity of the rules on warfare: 1. The respective diplomatic envoys are allowed to leave for
their home countries.
1. The protagonists should not be left free to do as they 2. The official residence of the envoy as well as the archives
please, unfettered by any rules regulating their conduct. of the mission, if left behind, is usually placed under the
protection of another foreign envoy.
2. Rules of war have been made to temper the suffering and
destruction that are the inevitable concomitants of war B. Enemy persons
regardless of its legality or illegality. 1. Enemy persons who are within the territory of a belligerent
at the time of the outbreak of hostilities may be detained or
3. The laws of war are not applicable to war alone in its allowed a reasonable time within which to leave the country.
technical sense, but to all armed conflicts. 2. Those who choose to stay or are prevented from leaving,
conditions or restrictions may be imposed on their continued
4. The UN has stressed the need to apply basic humanitarian residence in the country.
principles in all armed conflicts, and has called upon all
parties to armed conflicts to observe international C. Enemy property
humanitarian rules. 1. Goods belonging to enemy persons are considered as
enemy property.
Rules of warfare: 2. Goods found on board an enemy vessel are presumed to
A. Prohibitions be enemy property unless the contrary is established by the
1. To kill with treachery natural owners.
2. To pillage a town or place even when taken by assault. 3. Vessels sailing under enemy flag bear enemy character,
3. To employ poison or poisonous arms. regardless of the nationality or domicile of its owner.
4. To loot 4. Vessels sailing under the neutral flag, while ordinarily
5. To bomb undefended places. regarded as neutral in character may under certain
6. To plant anchored mines. circumstances be considered to bear enemy character.
7. To bomb undefended or open cities.
8. To deliberately bomb civilians D. Trading and intercourse
9. To kill hostages. 1. The practice of belligerents in modern wars is to forbid by
B. Sanctions legislation all intercourse with alien enemies, except those
1. Reprisals permitted under license. The main object is to prohibit
2. Punishment of war crimes transactions which would benefit the enemy or enemy
3. Protest lodged with neutral powers persons.
4. Compensation
E. Contracts
Causes for termination of wars
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1. The rules of municipal law, rather than international law 1. There must be a just cause on an injury received.
governs. 2. War must be proportional to the costs entailed in
2. In general, the states treat as void contracts which may prosecuting them.
give to the enemy or add to his resources. 3. There must be a reasonable chance of success.
4. Nations must publicly declare wars.
5. Only a legitimate authority may declare war.
F. Treaties 6. War must always be the last resort.
1. Treaties concerning political matters are deemed 7. War may only be undertaken with the right intention.
abrogated by the outbreak of war between the parties
thereto. Genocide- Incudes any of the following acts committed with
2. Executed treaties- Are not affected by war. intent to destroy, in whole or in part, a national, ethical,
3. A treaty which regulates the conduct of the parties in times racial, or religious group such as:
of war is clearly intended to become operative when war
breaks out between them. 1. Killing members of a group.
2. Causing serious bodily or mental harm to members of a
Only military targets are subject to attack. Civilian objectives group.
are immune from attack. 3. Deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or
Places and objectives not subject to attack in part.
1. Neutralized areas or zones 4. Imposing measures intended to prevent births within the
2. Open towns and cities group.
3. Cultural property and places of worship 5. Forcibly transferring children of the group to another
4. Civilian defense personnel, buildings, and assets indicated group.
by indicative signs are immune from attack.
5. Civilians- Those who never took part in hostilities. Hors de Genocide - It is a crime under international law whether is
combat- former combatants but wounded or have committed in time of peace or in time of war.
permanently joined the population. Heads of state and government are not immune from
6. Parachutists- Those who bail out from aircrafts in distress. prosecution for genocide.
If they land in enemy territory, they must be given a chance
to surrender and be treated as prisoners of war. Persons charged with genocide shall be tried by a competent
7. Hospitals, hospital ships, and medical counts. court of the state in the territory of which the act was
8. Food supplies and crops. committed, or by such international penal tribunal as may
have jurisdiction with respect to parties to the Genocide
Forbidden methods of warfare Convention which shall have accepted its jurisdiction.
1. No quarter method- An order to the effect that no
survivors are left open after attack. This is inhuman and not Acts punishable under the genocide convention
allowed as a method of warfare. 1. Genocide
2. Starvation method- Starvation of civilian population is 2. Conspiracy to commit genocide.
inhuman. 3. Direct and public incitement to commit genocide.
3. Reprisals- Acts of vengeance by a belligerent directed 4. An attempt to commit genocide.
against groups of civilians or prisoners of war. 5. Complicity in genocide.
4. Perfidy or Treachery- It is a treachery for soldiers who have
surrendered to take up arms and attack the enemy. Torture- Any act which sever pain or suffering , whether
5. Indiscriminate attacks- Unlawful act or omission causing physical or mental is intentionally inflicted on a person for
the death or serious danger to the health of the prisoners. such purposes as obtaining from him or a third person
information or a confession, punishing him for an act he or a
Jus ad bellum- Justice of war, refers to the conditions under third person has committed or is suspected of having
which one may resort to war or to force in general, with a committed or intimidating or coercing him or a third person
subdivision known as jus contra bellum or the law on the or for any reason based on discrimination of any kind, when
prevention of war. such pain or suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a public official or other
Jus in bello- Justice in war, governs the conduct of person acting in official capacity. It does not include pain or
belligerents during a war and in a broader sense comprises suffering arising only from, inherent in or incidental to lawful
the rights and obligations. sanctions.
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1. Exceptional circumstances whatsoever, whether a state of
war or retreat of war, internal political instability or any 3. The blockade of the ports or coasts of a state by the armed
public emergence may not be invoked as a justification of forces of another state.
torture.
2. An order from a superior officer or a public authority. 4. An attack by the armed forces of a state on the land, sea,
air forces or marine and air fleets of another state.
Reprisal- The seizing of property or persons by way of 5. The use of armed forces of one state which are within the
retaliation. Reprisal when they are taken by a state may territory of another state with the agreement of the receiving
denote any kind of coercive action not amounting to war state, in contravention of the conditions provided for in the
whereby a state attempts to secure satisfaction from another agreement or any extension of their presence in such
for some wrong which the latter has committed against it. territory beyond the termination of the agreement.
Embargo- commerce and trade with the offending state. 6. The action of the state in allowing its territory, which it has
placed at the disposal of another state, to be used by that
If an embargo upon all the vessels of the offending state other state for perpetrating an act of aggression against a
takes place at a time when they are in the ports of the state third state.
seeking redress, the same does not contemplate a
confiscation which is considered as an act of war, except in 7. The sending by or on behalf of a state of armed bands,
the case the redress for injuries suffered should be finally groups, irregulars, or mercenaries, which carry out acts of
refused. armed force against another state of such gravity as to
amount the acts listed above, or its substantial involvement
Blockade- Maritime commerce between an enemy state and therein.
the rest of the world is cut off in order to prevent the goods
from reaching the enemy or to prevent the enemy from Peaceful and Forcible Sanctions
exporting to the outside world thereby sustaining war
economy. Peaceful sanctions in international law
It is lawful if it is made upon order or authority of the UN 1. Diplomatic negotiations- It constitutes the process by
Security Council. which states settle their differences through an exchange of
Boycott- There is a concerted action made by citizens of one views between diplomatic agencies. Discussions may be oral
state to suspend trade and business relations with the or written.
citizens of the offending state.
2. Tender and exercise of good offices- It exists when third
If the boycott is a voluntary act of the citizens, either acting party, either alone or in collaboration with others, offers to
individually or in concert, it is outside the scope of help in the settlement of a dispute. When the offer is
international law. It will be a ground for protest by a foreign accepted, there shall be an exercise of good offices.
government if there is an element of pressure from a
government. 3. Mediation- A third party offers to help with a solution,
usually based on compromise. Mediation offers a solution
Aggression- It is the use of armed force by the state against while good offices merely brings that parties together.
the sovereignty, territorial integrity or political independence
of another state, or in any other manner inconsistent with the 4. Enquiry - It simply means an ascertainment of the
charter of the UN. pertinent facts and issues in a dispute.
The following are acts of aggression regardless of a 5. Arbitration and conciliation- It is the reference of the
declaration of war: dispute to a commission or international body, whose
decision, however, is not binding on the parties, when the
1. The invasion or attack by the armed forces of a state of the decision is final and conclusive upon the parties, the process
territory of another state, or any military occupation, is referred to as arbitration.
however temporary, resulting from such invasion or attack or
any annexation by the use of force of the territory of another 6. Reference to the Security Council of the UN- When no
state or part thereof. danger to international peace is foreseen, the security council
may step in, but only if all the parties to the dispute request
2. Bombardment by the armed forces of a state against the its intervention. When there is danger to international peace,
territory of another state or the use of any weapons by a the Security Council intervenes:
state against the territory of another state. 1. On its own motion
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2. On motion of the General Assembly 2. It may recommend such action by air, sea, or land forces as
3. On motion of the Secretary General may be necessary to maintain or restore international peace
4. On motion by a UN member and security.
5. On motion by a non-member of the UN
In case the Security Council discovers a threat to international
peace, it shall make the proper recommendation on the
dispute. If the recommendations are not heeded, the council
may take enforcement action. Requirements if employment of force is recommended:
7. Reference to regional organizations- Regional 1. The planning and agreements of the UN members called
arrangements or agencies may be established to maintain upon to make available armed forces, assistance, and
international peace through regional action and to peacefully facilities shall be made.
settle local disputes before referring them to the Security
Council. Its function should be reported to the council. 2. The said agreement, if concluded, shall be ratified by the
However, it should be noted that the existence of these signatory states in accordance with their respective
agencies would not prevent the Security Council from itself constitutional processes.
investigating and settling these disputes.
3. The Security Council is assisted by the military staff
8. Settlement by the International Court of Justice- The court committee composed of the different chiefs of staff or the
shall remain permanently in session except during the judicial representatives of the permanent members of the UN.
vacations, the dates and duration of which shall be fixed by
the court. 4. The latter shall be responsible under the security council
for the strategic direction of any armed forces placed at the
Basis of the court’s jurisdiction is the consent of the parties. disposal of the Security Council.
Jurisdiction:
1. Interpretation of treaty The Security Council Contingents are tasked to be peace-
2. Any question of international law making missions.
3. The existence of any fact which if established, could Difference between conciliation and arbitration
constitute a breach of international obligation.
4. The nature or extent of the reparation to be made for the Conciliation- A dispute is referred to a commission or
breach of an international obligation. international body, the decision is not binding on the parties.
Advisory opinion- The court may give an advisory opinion on Arbitration- The decision is final and conclusive on the
any legal question at the request of whatever body that may parties.
be authorized by or in accordance with the UN Charter to
make such a request or other organs of the UN when International Arbitration- It is the settlement of disputes
authorized by the General Assembly. between states by judges of their own choice and on the
basis of respect for law.
International Dispute- It is a contest of specificity between
states or between a state an international organization or Settlement of disputes concerning the interpretation or
persons with international personality or between such application of the Convention of the Law of the Sea
organizations of persons.
A state shall be free to choose, by means of a written
Basis or underlying principle observed by the UN with declaration, one or more of the following means concerning
respect to settlement of disputes: Art 2 of the UN Charter. the interpretation or application of the convention on the
law of the sea:
If all efforts to settle the dispute peacefully fails and the 1. International Tribunal for the law of the Sea.
Security Council determines that there is a threat to peace, or 2. International Court of Justice
breach of peace, or aggression, it may take the appropriate 3. Arbitral Tribunal
measures such as any of the following: 4. Special Arbitral Tribunal
1. It may recommend completer or peaceful interruption of Disputes not covered by compulsory arbitration:
economic relations and of rail, sea, air, postal, telegraphic, 1. Disputes relating to sea boundary limitations.
radio, and other means of communication. 2. Involving historic days or titles
3. Concerning military activities, government ships etc
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4. Law enforcement concerning exercise of sovereign rights or Comprehensive system for the settlement of disputes that
jurisdiction. might arise with respect to the interpretation and
5. Disputes in which the Security Council is exercising application of the convention
functions under the UN Charter. It requires the state parties to settle their disputes
concerning the interpretation and application of the
convention.
It requires state parties to settle their disputes
concerning the interpretation or application of the
ITLOS (International Tribunal for the Law of the Sea convention by peaceful means indicated under the
It is an independent judicial body established by the UN Charter.
UNCLOS to adjudicate disputes arising out of the If the parties to dispute fail to reach a settlement by
interpretation and application of the convention. peaceful means of their own choice, they are obliged
It is an inter-governmental organization created by to report to the compulsory dispute settlement
mandate of the 3rd UN Conference in the Law of the procedures entailing binding decisions, subject to
Sea, and established by UNCLOS. the limitations and exemptions contained in the
Composed of 21 independent members elected from convention.
among persons enjoying the highest reputation for If the parties to the dispute have not accepted the
fairness and integrity and of recognized competence said settlement procedure, the dispute may be
in the field of the Law of the Sea. submitted only to arbitration in accordance with
Annex VII, unless the parties agree otherwise.
Tribunal’s Jurisdiction
It has jurisdiction over any dispute concerning the 4 Chambers that were formed by the Tribunal
interpretation or application of the convention and 1. The chamber of summary procedure
other matters specially provided for in any other 2. The chamber of fisheries disputes
agreement which confers jurisdiction on the 3. The chamber of marine environment disputes
tribunal. 4. The chamber for maritime delimitation disputes
It is open to:
o State parties to the convention Arbitral Tribunal
o Also to entities other than the state parties Constituted under Annex VII of the convention
or inter-governmental organizations which Any party to a dispute may submit the dispute to the
are not parties to the convention and state arbitral procedure provided for in Annex VII by
enterprises and private individuals. written notification addressed to the other party or
parties to the disputes.
Headquarters- Hamburg, Germany The notification shall be accompanied by a
statement of the claim and the grounds on which it
International Seabed Authority- Established by the UNCLOS is based.
to have a comprehensive legal framework to regulate all Shall determine its own procedure, assuring to each
ocean space, its uses and resources. party a full opportunity to be heard and to present
its case.
Responsibilities of the International Seabed Authority Its decisions shall be taken by a majority vote of its
members. The absence or abstention of less than
1. To regulate seabed mining beyond the limits of national half of the members shall not constitute a bar to the
jurisdiction beyond the limits of the territorial sea, the tribunal reaching a decision. In the event of an
contiguous zone, and the continental shelf and the high seas. equality of votes, the president shall have a casting
vote. The award shall be final and without appeal,
2. To provide for the protection and preservation of marine unless the parties to the dispute have agreed in
environment for maritime scientific research and for the advance to an appellate procedure. I shall be
development and transfer of maritime technology. complied with by the parties to the dispute.
To facilitate disposition of disputes, the International
4 Alternative means for the settlement of dispute Tribunal may constitute Seabed Dispute Chambers,
1. International Tribunal of the Law of the Sea. composed of three or more elected members, as it
2. International Court of Justice considers necessary for dealing with particular
3. Arbitral Tribunal categories of disputes submitted to it if the parties
4. Special Arbitral Tribunal so request. A judgment given by any of the chambers
shall be considered as rendered by the Tribunal. The
decisions of the chamber shall be enforceable in the
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territories of the states parties in the same manner 2. It adjudicate claims by members that the European
as judgments or orders of the highest courts of the Commission has exceeded its authority.
state party in whose territory the enforcement is 3. It accepts references from national courts in the EU
sought. members states asking the ECJ questions about the meaning
or validity of a particular law.
Special Arbitral Tribunal
Constituted under Annex VIII of the convention.
It is tasked to make findings of fact, when the parties International Court of Justice
so request, in a dispute concerning the Created by the Rome Statute, effective July 1, 2002
interpretation or application of the provisions of the The Philippines is not a party to the statute.
convention relating to:
o Fisheries Pimentel vs Office of the Executive Secretary- Senator
o Protection and preservation of the marine Aquilino Pimentel filed a petition for mandamus with the SC
environment. to compel the executive secretary to submit the signed
o Marine scientific research statute to the senate concurrence. Said petition was
o Navigation, including pollution from vessels dismissed because the court haws no jurisdiction to direct the
and by dumping. executive secretary to submit the signed statute to the senate
May carry out an inquiry and establish the facts for its concurrence.
giving rise to the dispute.
Unless the parties otherwise agree, the findings of Jurisdiction of the ICC
fact of the special arbitral tribunal acting in 1. Genocide
accordance with par 1, shall be considered as 2. Crimes against humanity
conclusive as between the parties. 3. Crimes of aggression
If all the parties to the dispute so request, the special 4. War crimes
arbitral tribunal may formulate recommendations
which without having the force of a decision, shall Rules on jurisdiction
only constitute the bases for a review by the parties 1. Jurisdiction over the subject matter- GCCW
of the questions giving rise to the dispute. 2. Jurisdiction with respect to the place of the commission-
Subject to par 2, the special tribunal shall act in The state or whose territory the situations which is being
accordance with the provisions of this annex, unless investigate took place or is taking place.
the parties otherwise agree. 3. Jurisdiction over the person of the accused- The statute
applies to all persons without distinction, whether he is the
5 judicial international courts designed to judicially settle head of state or government. However, the court has no
disputes jurisdiction over any person who was under the age of 18 at
1. International Court of Justice the time of the alleged commission of the crime.
2. Court of Justice of the European Communities 4. Jurisdiction with respect to the time of the commission of
3. Benelux Court of Justice the crime
4. European Court of Human Rights (Strasbourg Court)
5. Inter-American court of Human Rights No trial in absentia is allowed.
ECH and IACH are regional courts tasked to adjudicate Penalties to be imposed:
violations of human rights. They are established by 1. Imprisonment for a specified number of years, not to
agreements of treaties entered into by the countries exceed the maximum of 30 years.
concerned. 2. Life imprisonment, if this is justified by the extreme gravity
of the crime and the individual circumstances of the
BCJ- Is of limited scope. It applies only to the Benelux states, convicted person.
namely: Belgium, Netherlands, and Luxembourg.
The penalty shall be served on a state designated by the
ECJ- Supreme court of the EU which was established by court from a list of states which have volunteered to enforce
agreements of its members the sentence in their territory, If no state is designated or if
no state is willing to enforce the sentence, the same shall be
Tasks of the ECJ served in a prison facility made available by the host state.
1.Adjudicates on matters of interpretation of European law,
particularly claims by the European Commission that a Belligerent occupation vs Military occupation
member state has not implemented a EU directive or other
legal requirements. Belligerent occupation
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1. It is temporary military occupation of the territory of the 2. By formal treaty of peace.
enemy during the war. International law recognizes the 3. By the complete submission and subjugation of one of the
occupant’s authority over the occupied territory and its belligerents.
inhabitants. 4. By unilateral declaration or proclamation.
6. To use enemy property, public or private. International law measures to prevent statelessness
(Convention on the Reduction of Statelessness)
7. During the period of occupation, the belligerent occupant
cannot annex the occupied territory or set it up as an 1. A contracting state shall grant its nationality to a person
independent state. Because the rights of the belligerent born in its territory who would otherwise be stateless.
territory are merely that of administration.
2. A contracting state shall grant its nationality to a person,
Suspension of the hostilities not born in the territory of a contracting state, who would
1. When there is suspension of arms (burial of the dead or to otherwise be stateless, of the nationality of one of his parents
remove the wounded) at the time of the person’s birth was that of that state.
2. When there is armistice (suspension of military firing and
advances) Law of the Sea
3. When there is cease-fire (stopping of military firing and
advances) Treaties promulgated
4. When there is a truce (conditional ceasefire for political 1. Convention on the Territorial Sea and Contiguous Zone
purpose) 2. Convention on the High Seas
5. When there is capitulation (an agreement whereby a body 3. Convention on Fishing and Conservation of the Living
of troops or fitness or a town is surrendered. Resources of the High Seas
6. When there is unconditional surrender. 4. Convention on the Continental Shelf
5. UNCLOS
Termination of war
1. Cessation of hostilities without any formal treaty. UNCLOS
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Adopted by the UN Conference on the Law of the 1. French Rule- Under this rule, crimes committed aboard a
Sea on April 30,1992. foreign merchant vessel should not be prosecuted in the
Open for signature on December 10, 1982 Montego courts of the country within whose territorial jurisdiction they
Bay Jamaica were committed unless their commission affects the peace
Effective: November 16,1994 and security of the territory.
The Philippines signed on December 10,1982 and
ratified it on May 8,1984. 2. English Rule- Under this rule, the crimes perpetrated under
73 states signatories. such circumstances are in general triable in the courts of the
country within whose territory they were committed. The
Baselines law RA 9522- In accordance to UNCLOS III Philippines follows the English Rule.
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Freedom of the Seas- It means that no part of the sea as such authorized radio communication is suffering interference has
can be subjected to the sovereignty of any state. It cannot jurisdiction to arrest a person or ship engaged in
therefore be incorporated into the territory of any state unauthorized broadcasting from the high seas seize the
through occupation. broadcasting apparatus and prosecute the offender.
But still subject to limitations under treaties. 4. On the exercise of the right of hot pursuit, a warship or
military aircraft of a state may stop and arrest a foreign ship
Freedom of navigation- Refers to the right to sail ships on the on the high seas.
high seas, subject only to international law and laws of the
flag state. 5. In case of pollution incident from marine casualty, a coastal
state whose coastline is threatened with major harmful
Main Constituents of the Freedom of the High Seas consequences may take and enforce measures beyond the
1. Freedom of navigation territorial sea including the high seas.
2. Freedom of overflight
3. Freedom of fishing Air and Space Law
4. Freedom to lay submarine cables and pipelines
5. Freedom to construct artificial islands and other ICAO- International Civil Aviation Organization
installations Established by the Convention on the International
6. Freedom of scientific research Civil Aviation Organization/Chicago Convention
Rules established by the convention
Duties of the states relative to the high seas (Art 98, o Rules of airspace
UNCLOS) o Airplane registration and safety
o Rights of signatories in relation to air travels
1. To render assistance to any person found at sea in danger
of being lost. Five Air Freedoms
2. To proceed with all possible speed to the rescue of persons 1. Overflight- The privilege to fly across its territory without
in distress, if informed of their need in assistance, in so far as landing.
such action may reasonably be expected of him.
2. Non-traffic landing- The privilege to land for non-traffic
3. After a collision, to render assistance to the other ship, its purposes.
crew, and its passenger and, where possible, to inform the
other ship of the name of his own ship, its port of registry and 3. Putting down passengers, mail, cargo- The privilege to put
the nearest port at which it will call. down passengers, mail, and cargo taken on in the territory of
the state whose nationality the aircraft possesses.
4. Every state shall take effective measures to prevent and
punish the transport of slaves in ships authorized to fly its flag 4. Taking on passengers, mail, cargo- The privilege to take
and to prevent the unlawful use of its flag for that purpose. down passengers, mail, and cargo taken on in the territory of
Any slave taking refuge on board any ship whatever its flag the state whose nationality the aircraft possesses.
shall ipso facto be free.
5. Taking on and putting down passengers, mail, cargo- The
Exceptions to the flag state’s jurisdiction in the high seas: privilege to take on passengers, mail. And cargo destined for
the territory of any other contracting state and the privilege
1. In penal or disciplinary proceedings against the master or to put down passengers coming from any such territory.
any other person in the service of the ship, arising from
collision or any other incident of navigation concerning a ship Nationality of aircrafts- The state in which they are
on the high seas, the state of which that person is a national registered and they shall bear its appropriate nationality and
has jurisdiction concurrently with the flag state. registration marks when they engage in international air
navigation.
2. Every state may seize a pirate ship or aircraft or a ship
taken by the pirates arrest the persons on board and seize An aircraft cannot be validly registered in more than one
the property on board. state. However, its legislation may be changed from one state
to another.
3. The state of registry of the broadcasting installation, the
state of which the offender is a national any state where the Hijacking- It is committed by any person who on board an
broadcast transmission can be received or any state where aircraft in flight shall unlawfully, by force or threat thereof, or
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by any other form of intimidation seizes or exercises control objects launched into outer space, including objects landed or
of that aircraft or attempts to perform any such act. constructed on a celestial body, and of their component
(Convention for the Suppression of Unlawful Seizure of parts, is not affected by their presence in outer space or on a
Aircraft which was signed at the Hague on Dec, 16,1970) celestial body or by return to earth.
Sabotage- It covers other acts that place the safety of an Moon treaty Art 11- The moon being the common heritage of
aircraft in jeopardy. It is committed by any person who mankind is not subject to appropriation by any state by
unlawfully and intentionally commit any of the following acts means of use or occupation. Likewise, the planting of the flag
which render an aircraft incapable of flight or are likely to thereon does not create a right to own the surface or any
endanger the safety of an aircraft in flight: area of the moon.
1. Performing an act of violence against a person on The moon and other celestial bodies shall be used exclusively
board an aircraft in flight. for peaceful purposes. The following military applications are
2. Destroying an aircraft in service or causing prohibited.
damage to such an aircraft. Placing in orbit around the earth any objects carrying
3. Placing or causing to be placed on an aircraft in nuclear weapons or any other kinds of weapons of
service a device or substance which is likely to mass destruction.
destroy an aircraft. To station nuclear weapons or any other kinds of
4. Destroying or damaging air navigation facilities or weapons of mass destruction in outer space in any
interfering with their operation. other manner.
5. Communicating information which he knows to be Installing nuclear weapons or any other kinds of
false thereby endangering the safety of an aircraft in weapons of mass destruction on celestial bodies.
flight. Establishment of military bases, installations, and
fortifications the testing of any type of weapons and
the conduct of military manoeuvres on celestial
Jurisdiction over offenses committed aboard an aircraft: bodies.
General rule: it is the flag state or the state where the aircraft Rules on damages and liabilities (Outer Space Treaty)
is registered that has jurisdiction over the offenses
committed on board an aircraft. A launching state shall be absolutely liable to pay
compensation for damage caused by its space object
Exception: If offenses are committed aboard or while the on the surface of the earth or to an aircraft in flight.
aircraft is flying over the airspace of another state, then the In the event of damage being caused elsewhere than
latter state may assert jurisdiction base on the principle of on the surface of the earth to a space object of one
territoriality or sometimes based on the nationality principles launching state or to persons or property on board
and universality. such as a space object of another launching state,
the latter shall be liable only if the damage is due to
States have the duty to prosecute or extradite hijacking and its fault or the fault of persons for whom it is
sabotage in the following cases: responsible.
1. When the offense is committed on board an aircraft Whenever two or more states jointly launch a space
registered in that state. object, they shall be jointly and severally liable for
2. When the aircraft on board which the offense is committed any damage caused. A state from whose territory or
lands in its territory with the alleged offender still aboard. facility a space object is launched shall be regarded
3. When the alleged offender is present in its territory. as a participant in the joint launching.
Duty to extradite- If the state does not wish to prosecute the Good neighbourliness principle- This principle prohibits
alleged offender in its territory. states from using or permitting the use of its territory in a
manner that is injurious to another state or other state’s
Outer space- The area that lies beyond the airspace of the person or property.
earth. But as to where it begins, there is no universally
accepted reference point. The outer space treaty did not Sic utere tuc ut alienum non laedas- So use as your own that
define outer space because of its non-identifiable dimension. you do not injure that of another.
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priori, that which comes last in time, will usually usually be
upheld by the municipal tribunal. 3 Generations of Human Rights by Karel Vasak (Czech Jurist
and 1st Secretary General of the International Institute of
Res inter alias actu- Acts and declaration of persons strangers Human Rights in Strasbourg)
to a suit.
1. First generation- They deal essentially with liberty and
Doctrine of Contingent Sovereignty- Sovereignty is participation in political life. Found in Arts 3-21 of the the
contingent upon the fulfilment of certain fundamental state UDHR and ICCPR.
obligations, particularly to its own people. When the state 2. Second Generation- They are related to equality. They are
commits, allows, or fails to prevent oppression or acts of fundamentally social, economic, and cultural in nature. Found
violence against its people, it loses its claim to sovereignty in Arts 22-27 of the the UDHR and ICCPR.
and non-intervention, and protection would devolve to the
international community. 3. Third Generation- Those rights that go beyond the mere
civil and social, as expressed in many progressive documents
Drago Doctrine (Luis Drago- Former Minister of Foreign of International law, including the 1972 Stockholm
Affairs of Argentina) Declaration of the UN Conference on Human Environment.
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