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College of Law
UCLASS Bar Operations
Political Law Society
POLITICAL LAW
BAR NOTES
2012
Chairperson: Paul Nejudne
Vice Chair: Lester Wee
Members:
Robie Quino, Gibran Abubakar,
Jhona Grace Alo, Leah Lara Bardoquillo,
Jennelyn Bilocura, Joy Bolivar,
Kristine Athena Nedamo,
Kristine Nejudne, Chelisa Roxas
2.
DEFINITIONS of ARCHIPELAGO
to
the
TERRITORIAL SEA
The belt of the sea located between the coast and
internal waters of the coastal state on the one
hand, and the high seas on the other, extending up
to 12 nautical miles from the low water mark.
CONTIGUOUS ZONE
Extends up to 12 nautical miles from the territorial
sea. Although not part of the territory, the coastal
State may exercise jurisdiction to prevent
infringement of customs, fiscal, immigration or
sanitary laws.
ARCHIPELAGIC PRINCIPLE
Two elements:
1. The definition of internal waters (as
provided above);
2. The straight baseline method of delineating
the territorial sea consist of drawing
straight lines connecting appropriate points
3.
4.
5.
2.
2.
3.
2.
Limitations
May not be exercised arbitrarily, to the
prejudice of the Bill of Rights
Subject at all times to the limitations
and requirements of the Constitution
and may in proper cases be annulled
by the courts of
justice
1. Police Power
Concept
Power vested in the legislature by the
constitution to make, ordain, and
establish all manner of wholesome and
reasonable laws, statutes, and all
ordinances either with penalties or
without
not
repugnant
to
the
constitution as they shall judge to be
for the good and welfare of the
commonwealth and of the subjects of
the same.
the power of the State authority to enact
legislations that may interfere with personal
liberty and property in order to promote the
general welfare. (Agustin v. Edu)
An inherent attribute of sovereignty.
(MMDA v. Bel-Air)
Power vested in the legislature to make,
ordain, and establish all manner of wholesome and
reasonable laws, statutes and ordinances, either
with penalties or without, not repugnant to the
Constitution, as they shall judge to be for the good
and welfare of the commonwealth. (MMDA v. BelAir)
Nature and Basis
Limitations
a. General
- The legislative determination of what is a proper
exercise of its police power is not final or
conclusive, but is subject to the supervision of the
courts (US v Toribio, 1910)
- No conflict with due process and equal protection
of the laws
- Police power prevails over future contracts as well
as past ones. The non-impairment of contracts
clause, and other vested rights, have to yield to
the legitimate exercise of State police power
(Ortigas & Co. v. CA)
- Balancing is the essence or the indispensable
means for the attainment of legitimate aspirations
of any democratic society
b. Due process and Equal Protection of Laws
No conflict with due process and equal protection
Art. III, Sec. 1. No person shall be deprived of
life, liberty or property without due process of law,
nor shall any person be denied the equal protection
of the laws.
a. Generally
By reason of its function:
extends to all the great public needs
most pervasive, the least limitable and the
most demanding of the three powers
The powers of taxation and eminent
domain may be used to implement a police
objective
b. Particular aspects
- public health
- public morals
- public safety
- public welfare
Police power is so extensive and so
comprehensive that the courts have refused
to give it an exact definition; neither have they
attempted to define its definition its limitation
depends the security of social order the life and
health of the citizens, the comfort of an existence
in a thickly populated community, the enjoyment
of private and social life and the beneficial use of
property. It extends to the protection of the lives,
limbs, health, comfort and quiet of all persons and
the protection of all property within the state. (U.S.
v. Torribio).
It has been said the police power is so far reaching in scope, that it has become almost
impossible to limit its sweep. As it derives its
existence from the very existence of the State
itself, it does not need to be expressed or defined
in its scope; it is said to be co-extensive with selfprotection and survival, and as such it is the most
positive and active of all governmental processes,
the most essential, insistent and illimitable.
Especially is it so under a modern democratic
framework where the demands of society and of
nations have multiplied to almost unimaginable
proportions; the field and scope of police
power has become almost boundless, just as
the fields of public interest and public
welfare have become almost all-embracing
and
foresight.
have
What it
Regulates
Who may
Exercise
transcended
human
Police
Power
Liberty and
Property
Eminent
Domain
Property
rights
only
State
State and
Private
Entities
oppressive
means].
Taxation
Property
rights
only
upon
individuals
[lawful
State
Eminent
Domain
Just
compensati
on
(full and fair
equivalent of
the property
taken)
required.
Compensa
tion
None
(the altruistic
feeling that
one has
contributed to
the public
good Nachura)
Use of
Property
Not
Appropriated
for public use
Appropriated
for public use
Objective
To destroy
noxious
property or to
restrain the
noxious use of
property
Property
taken
for public
use; it is not
necessarily
noxious
Taxation
None
(the
protection
given and
public
improvement
s instituted
by the State
because of
these taxes Nachura
Use taxing
power as an
implement
for
the
attainment of
a legitimate
police
objectiveto
regulate a
business or
trade
Earn revenue
for the
government
Delegation
Eminent
Eminent domain
domain is
is the
the right
rightor
orpower
powerof
ofaa
sovereign
state
to
appropriate
private
sovereign state
to
appropriate
private
property
property to
to particular
particular uses
usesto
topromote
promotepublic
public
welfare.
attribute
of
welfare. ItItis an
is indispensable
an indispensable
attribute
of
sovereignty;
sovereignty; a
a power
power grounded
grounded in
in the
the primary
primary duty
duty
of
thethe
common
needneed
and and
of government
governmenttotoserve
serve
common
advance
Thus,
the the
rightright
of of
advance the
thegeneral
generalwelfare.
welfare.
Thus,
eminent
independent
eminent domain
domain appertains
appertainstotoevery
every
independent
government
government without
without the
the necessity
necessity for
for constitutional
constitutional
recognition.
found
in modern
recognition. The
Theprovisions
provisions
found
in modern
constitutions
to to
thethe
constitutions of
of civilized
civilizedcountries
countriesrelating
relating
taking
thethe
public
use use
do not
taking of
ofproperty
propertyforfor
public
do by
not by
implication
implication grant
grant the
the power
power to
to the
the government,
government, but
but
limit
would
otherwise
be without
limit aa power
powerwhich
which
would
otherwise
be without
limit.
own
Constitution
provides
that that
limit. Thus,
Thus,our
our
own
Constitution
provides
"[p]rivate
"[p]rivate property
property shall
shall not
not be
be taken
taken for
for public
public use
use
without
without just
just compensation."
compensation." Furthermore,
Furthermore,the
thedue
due
process
protection
clauses
act as act as
process and
andequal
equal
protection
clauses
additional
additional safeguards
safeguards against
against the
the arbitrary
arbitrary exercise
exercise
of this governmental power. legislative power, a
legislature is the exclusive judge."
Must
include
consequential
damages(damages to other interest of the owner
attribute to the expropriation) and deduct
consequential benefits (increase of value of
other interests attribute to new use of the former
property)
Compensation has to be paid in money, and
has to be paid within a reasonable time from its
taking
General Rule: the value of the property will be
determined at the date of the filing of the
complaint for eminent domain, which normally
coincides with the taking
Exception: when the taking precedes the filing
of the complaint, and the owner would be given
undue incremental advantage arising from the
governments use of the property, the value will be
determined at the time of the taking
So in effect: the value of the property must be
determined either at the time of taking or filing of
the complaint, whichever comes first (Eslaban v.
De Onorio, G.R. 146062)
Non-payment of just compensation
General rule: non-payment by government
does not entitle private owners to recover
possession of the expropriated property (because
expropriation is an in rem proceeding, not an
ordinary sale), but only to demand payment of
the fair market value of the property (Republic
License Fees
- Raise
revenues
for the
governmen
t
Imposed for
regulatory
purposes only
Levied
against
Revenues
Justification is
police power
Amount is
limited to cost
of regulation
Special
Assessments
Specific
benefits for
specific
persons
Basis is cost of
construction
Basis of
amount is
higher
Purpose:
a. To raise revenue
b. Tool for regulation
c. Protection/power to keep alive
Extent: as broad as the purpose for which it is
given. Primarily vested in the national legislature.
Also: local legislative bodies (Article 10, Section 5,
1987 Constitution).
To a limited extent, the President may exercise
this power when granted delegated tariff powers
under Art.
VI, sec. 28 (2)
3. Limitations
Power to tax exists for the general welfare;
should be
exercised only for a public purpose
might be justified as for public purpose even if
the immediate beneficiaries are private individuals
Tax should not be confiscatory.
If a tax measure is so unconscionable as to
amount to confiscation of property, the Court will
invalidate it. But invalidating a tax measure must
be exercised with utmost caution, otherwise, the
States power to legislate for the public welfare
might be seriously curtailed.
Specific Limitations:
Uniformity of taxation
B: BILL OF RIGHTS
Sec. 1. No person shall be deprived of life, liberty
or property without due process of law, nor shall
any person be denied the equal protection of the
laws.
IN GENERAL
A bill of rights is a declaration and enumeration
of a person's fundamental civil and political
rights. It also imposes safeguards against
violations by the government, by individuals, or by
groups of individuals.
1. Civil rights rights that belong to an individual
by virtue of his citizenship in a state or community
(eg, rights to property, marriage, freedom to
contract, equal protection, etc.)
2. Political rights rights that pertain to an
individuals citizenship vis--vis the management
of the government (eg., right of suffrage, right to
petition government for redress, right to hold
public office, etc.)
Philippine
Blooming
Mills
Employees
Organization v. Philippine Blooming Mills Co.,
Inc 51 SCRA 189 (1973) primacy of human rights
over property rights is recognized.
the rights of free expression and of assembly
occupy a preferred position.
- Mere reasonable or rational relation between
the means employed by the law and its object
or purpose-that the law is neither arbitrary nor
discriminatory nor oppressivewould suffice to
validate a law which restricts or impairs property
rights.
- But a constitutional or valid infringement of
human rights require a more stringent
criterion, namely existence of a grave and
c.
6.
7.
NOTE:
1. What is required is not actual hearing, but
a real opportunity to be heard.
2. The requirement of due process can be
satisfied by subsequent due hearing.
3. Violation of due process: when the same
person reviews his own decision on appeal.
4. Notice and hearing are required in judicial
and quasi-judicial proceedings, but not in
the promulgation of general rule.
For SCHOOL DISCIPLINARY proceedings:
CODE: W A In A D P
1. The student must be informed in writing of
the nature and cause of any accusation
against them.
2. The student shall have the right to answer
the charges against him, with the
assistance of counsel if desired.
3. The student has the right to be informed of
the evidence against him.
4. The student has the right to adduce
evidence in his own behalf.
5. The evidence must be duly considered by
the investigating committee or official
designated by the school authorities to
hear by the school authorities to hear and
decide the case.
6. The
penalty
imposed
must
be
proportionate to the offense.
NOTE:
1. The school has a contractual obligation to
afford its students a fair opportunity to
complete the course a student has enrolled
for.
2. Exceptions:
a. Serious breach of discipline; or
b. Failure to maintain the required
academic standard.
3.
Instances
when
hearings
are
NOT
necessary:
1. When
administrative
agencies
are
exercising their quasi-legislative functions.
2. Abatement of nuisance per se.
3. Granting y courts of provisional remedies.
4. Cases of preventive suspension.
5. Removal of temporary employees in the
government service.
6. Issuance of warrants of distraint and/or
levy by the BIR Commissioner.
7. Cancellation of the passport of a person
charged with a crime.
8. Issuance
of
sequestration
orders
(considered a provisional remedy).
9. Judicial order which prevents an accused
from traveling abroad in order to
maintain the effectivity of the courts
jurisdiction.
10. Suspension of a banks operations by the
Monetary Board upon a prima finding of
liquidity problems in such bank.
NOTE:
1. The right to counsel is a very basic
requirement of substantive due process
and has to be observed even in
administrative and quasi-judicial bodies.
2. The right to appeal is a statutory
privilege that may be exercised only in
the manner accordance with the law,
except for the minimum appellate
jurisdiction of the Supreme Court provided
in Article VIII Section 5 of the Constitution,
which may not be increased or reduced by
law.
Requisites of SUBSTANTIVE due process:
CODE: I M
1. The INTERESTS of the public generally, as
distinguished from those of a particular
class, requires the interference by the
government and
2. The MEANS employed are reasonably
necessary for the accomplishment of the
purpose and not unduly oppressive upon
individuals.
Requisites of a valid ordinance: CODE: Must
NOT CUPPU, Must be GC
Relative Constitutionality.
The constitutionality of a statute cannot, in every
instance, be determined by a mere comparison of
its provisions with applicable provisions of the
Constitution,
since
the
statute
may
be
constitutionally valid as applied to one set of facts
and invalid in its application to another.
A statute valid at one time may become void at
another time because of altered circumstances.
Thus, if a statute in its practical operation becomes
arbitrary or confiscatory, its validity, even though
affirmed by a former adjudication, is open to
inquiry and investigation in the light of changed
conditions.
Demonstrative of this doctrine is Vernon
Park
Realty
v.
City
of
Mount
Vernon, where the Court of Appeals of
New York declared as unreasonable and
arbitrary a zoning ordinance which placed
the plaintiff's property in a residential
district, although it was located in the
center
of
a
business
area.
Later
amendments to the ordinance then
prohibited the use of the property except
for parking and storage of automobiles,
and service station within a parking area.
The Court found the ordinance to
constitute an invasion of property rights
which was contrary to constitutional due
process. (Central Bank Employees vs.
BAngko
Sentral,
G.R
No.
148208,
December 15, 2004)
GENERAL WARRANT
A general warrant is one that does not allege any
specific acts or omissions constituting the offense
charged in the application for the issuance of the
warrant. It contravenes the explicit demand of the
Bill of Rights that the things to be seized be
particularly described.
VALID WARRANTLESS SEARCH
(IM CWAPO)
1) Search made as an Incident to lawful arrest
A. An officer making an arrest may take
from the person arrested:
i.
Any money or property found
upon his person which was
used in the commission of
the offense or
ii.
Was the fruit thereof or
iii.
Which might furnish the
prisoner with the means of
committing
violence
or
escaping or
iv.
Which may be used in
evidence in the trial of the
case
B. The search must be made simultaneously
with the arrest and it may only be made
in the area within the immediate control
of the person arrested.
2) Search of Moving vehicles
A. This exception is based on exigency.
Thus, if there is time to obtain a warrant
in order to search the vehicle, a warrant
must first be obtained.
B. The search of a moving vehicle must be
based on probable cause.
REQUISITES:
1. Abnormal times
2. Limited to visual search
3. Vehicle not searched
4. Passengers not subjected to body
search
C. Stop and Frisk
i.
Even before an arrest, when an
officer is justified in believing
that
the
individual
whose
suspicious
behavior
he
is
investigating at close range is
presently dangerous, he may
conduct a limited protective
search.
ii.
The purpose of this limited
search
is
not
to
discover
evidence of a crime but to allow
the officer to pursue his
investigation without risk or
violence.
D. Exigent and emergency circumstances
best illustrated in People v. De Gracia
(233 SCRA 716), where a warrantless
search was allowed where there was a
prevailing general chaos and disorder
because of an ongoing coup.
E. R.A No. 6235 (AN ACT PROHIBITING
CERTAIN ACTS INIMICAL TO CIVIL
AVIATION, AND FOR OTHER PURPOSES)
NOTE:
1. Checkpoints: as long as the vehicle is
neither
searched
nor
its
occupants
subjected to a body search and the
inspection of the vehicle is limited to a
visual search = valid search (Valmonte V.
De Villa)
2. Carroll rule: warrantless search of a vehicle
that can be quickly moved out of the
locality or jurisdiction is valid
3. The 1987 Constitution has returned to the
1935 rule that warrants may be issued only
by judges, but the Commissioner or
Immigration may order the arrest of an
alien in order to carry out a FINAL
deportation order.
INSTANCES WHEN WARRANTLESS ARREST
ARE VALID:
1. When the person to be arrested has
committed, is actually committing, or is
about to commit an offense in the presence
of the arresting officer.
2.
3.
4.
5.
6.
R.A
4200
(Anti-Wiretapping
1. The
law does
not distinguish between
a party to the private communication or
Act)
When
is
a
Government
control-based
regulation justified?
1. It is within the constitutional power of the
government;
2. It furthers an important or substantial
government interest;
3. The governmental interest is unrelated to
the suppression of free expression; and
4. The incidental restriction is no greater than
is essential to the furtherance of the
interest.
The prohibition of publication of election surveys
shortly before election does not meet the last two
tests. The casual connection of expression to the
asserted government interest makes such interest
related to the suppression of free expression. The
regulation can be more narrowly pursued by
punishing unlawful acts rather than prohibiting
speech.
The COMELEC can confiscate false survey results
by virtue of its power under the Administrative
1.
2.
TEST
1.Dangerous
Tendency Test
2.
Clear
and
Present
Danger
Test
3.
Balancing
Interests Test
Standards
punishment
of
for
CRITERION
There should be a RATIONAL
CONNECTION between the
speech
and
the
evil
apprehended.
(Focus
on
CONTENT)
There should be a clear and
present danger that the
words when used under such
circumstances are of such a
nature as to create a CLEAR
AND PRESENT DANGER that
they will bring about the
substantive evils that the
State has a right to prevent.
(Focus
on
CONTENT
&
CONTEXT)
The courts should BALANCE
the PUBLIC INTEREST served
by legislation on one hand
and
the
FREEDOM
OF
SPEECH
(or
any
other
constitutional right) on the
other. The courts will then
decide where the greater
weight should be placed.
(Focus
on
weighing
Government
and
Private
interest).
allowable
subsequent
Freedom of Speech
The doctrine on freedom of speech was formulated
primarily for the protection of core speech, i.e.
speech which communicates political, social or
religious ideas. These enjoy the same degree of
protection. Commercial speech, however, does not.
Commercial Speech
3.
Unprotected Speech
1. LIBEL
A. FAIR COMMENT (U.S. Rule). These are
statement of OPINION, not of fact, and are
not considered actionable, even if the
words
used
are
neither
mild
nor
temperate. What is important is that the
opinion is the true and honest opinion of
the person. The statements are not used to
attack personalities but to give ones
opinion on decisions and actions.
Fair commentaries on matters of public
interest are privileged and constitute a
valid defense in an action for libel or
slander. The doctrine of fair comment
means that while in general, every
discreditable imputation publicly made is
deemed false, because every man is
presumed innocent until his guilt is
judicially
proved,
and
every
false
imputation
is
deemed
malicious,
nevertheless,
when
the
discreditable
imputation is directed against a public
person in his public capacity, it is not
necessarily actionable; unless it be a false
allegation of fact or a comment is an
expression of opinion, based on facts, then
it is immaterial that the opinion happens to
be mistaken as long as it might reasonably
be inferred from the facts. (Borjal v. CA,
301 SCRA 1)
B. OPINIONS.
With
respect
to
public
personalities (politicians, actors, anyone
with a connection to a newsworthy event),
opinions can be aired regarding their public
3.
Content-based
Regulations
and
Content-neutral
HECKLERS VETO
- Occurs when an acting party's right to freedom of
speech is curtailed or restricted by the government
in order to prevent a reacting party's behavior.
Sec. 5. No law shall be made respecting an
establishment of religion, on prohibiting the free
exercise thereof. The free exercise and enjoyment
of religious profession and worship, without
discrimination of preference, shall forever be
allowed. No religious test shall be required for the
exercise of civil or political rights.
Clauses under Section 5
1. Non-establishment clause
2. Free exercise of Religion
1. Non-Establishment Clause
Rooted in the separation of Church and State
(as reflected in the CONST.: Art. IX-C, sec. 2(5);
Art. VI, sec. 5(2); Art. VI, sec. 29(2))
The clause prohibits excessive government
entanglement with, endorsement or disapproval of
religion [Victoriano v. Elizalde RopeWorkers Union,
59 SCRA 54 (1974); Lynch v. Donnelly, 465 US
668 (1984) (O'Connor, J., concurring); Allegheny
County v. Greater Pittsburg ACLU, 492 US 574
(1989).]
The Non-Establishment clause is violated when
the State gives any manifest support to any one
religion, even if nothing is done against the
individual.
In Everson v. Board of Education (30 US 1), it
was held that non-establishment means that the
State cannot set up a church or pass laws aiding
one religion, all religion, or preferring one religion
over another, or force a person to believe /
disbelieve in any religion.
a.What
are
NOT
permitted
by
the
Establishment Clause:
1. Prayer and Bible-reading in public schools
In Engel v. Vitale, 370 U.S. 421 (1967), the SC
disallowed
the
conducting
of
an
interdenominational prayer before the start of
classes in public schools as violative of the NonEstablishment clause.
Conscientious
Objectors
cannot
be
compelled to salute the flag. The idea that one
may be compelled to salute the flag, sing the
national anthem, and recite the patriotic pledge,
Neither
does
the
law
constitute
an
establishment of religion. It has been held that in
order to withstand objections based on this
ground, the statute must have a secular purpose
and that purpose must not directly advance or
diminish the interest of any religion. Congress
acted merely to relieve persons of the burden
imposed by union security agreements. [Victoriano
v. Elizalde Rope Workers Union, 59 SCRA 54
(1974)]
The free exercise of religious profession or belief
is superior to contract rights. In case of conflict,
the latter must yield to the former. (Gonzalez v.
Central Azucarera de Tarlac Labor Union, 1985;
Basa v. Federacion Obrera, 1974; Victoriano v.
Elizalde Rope Workers Union, 1974)
d. Non-disqualification from local government
office
For lack of votes, law disqualifying religious
leaders from public office is held valid. As per free
exercise clause it is invalid for it requires a
religious test for qualification. Dean Pangalangan:
There should be no distinction between ordinary
believer and the Pope; if the former can hold
office, why not the latter. [Pamil v. Teleron 86
SCRA 413 (1978).
In the same year (1978), in McDaniel v. Patty,
435 US 618, the US Supreme Court declared a
similar law to be violative of the free exercise
clause.
4. Tests
a. Clear and Present Danger Test
The existence of a grave and present danger of
a characterboth grave and imminent, of a serious
2.
Requisites
for
government
aid
to
be
allowable:
1. It must have a secular legislative purpose;
2. It must have a primary effect that neither
advances nor inhibits religion;
3. It
must
not
require
excessive
entanglement with recipient institutions.
Sec. 6. The liberty of abode and of changing the
same within the limits prescribed by law shall not
be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except
in the interest of national security, public safety or
public health, as may be provided by law.
Rights guaranteed under Section 6:
A. Freedom to choose and change ones place
of abode.
B. Freedom to travel within the country and
outside.
NOTE: The right to travel and the liberty of abode
are distinct from the right to return to ones
country, as shown by the fact that the Declaration
of Human Rights and the Covenant on Human
Rights have separate guarantees for these. Hence,
the right to return to ones country is not covered
by the specific right to travel and liberty of abode.
(Marcos v. Manglapus, 177 SCRA 668)
MANNER OF
CURTAILMENT
Lawful order of the court and
within the limits prescribed
by law.
May be curtailed even by
administrative officer (ex.
passport officer) in the
interest of national security,
public
safety, or
public
health, as may be provided
by law.
Discretion of government
The government has discretion with respect to the
authority to determine what matters are of public
concern and the authority to determine the
manner of access to them.
Recognized restrictions on the right of the
people to information:
1. National security matters
2. Intelligence information
3. Trade secrets
4. Banking transactions
5. Diplomatic correspondence
6. Executive sessions
7. Closed door cabinet meetings
Supreme Court deliberations
Sec. 7. The right of the people to information on
matters of public concern shall be recognized.
Rights guaranteed under Section 7
3. Right to information on matters of public
concern
4. Right to access to official records and
documents
3.
NOTE:
1. Even before compensation is given, entry may
be made upon the property condemned. The
deposit of money or an equivalent form of
payment such as government bonds is
necessary and sufficient to satisfy the
requirement.
2. Any
law
fixing
the
amount
of
just
compensation is not binding on the courts
because it is a question of fact which is always
subject to review by the courts.
REGULATION v. TAKING
Sec. 10. No law impairing the obligation of
contracts shall be passed.
When does a law impair the obligation of
contracts:
1. If it is changes the terms and
conditions of a legal contract either as
to the time or mode of performance
2. If it imposes new conditions or
dispenses with those expressed
3. If it authorizes for its satisfaction
something different from that provided
in its terms.
A mere change in PROCEDURAL REMEDIES which
does not change the substance of the contract, and
which still leaves an efficacious remedy for
enforcement does NOT impair the obligation of
contracts.
A valid exercise of police power is superior to
obligation of contracts.
Sec. 11. Free access to the courts and quasijudicial bodies and adequate legal assistance shall
not be denied to any person by reason of poverty.
Sec. 12. Rights of person under investigation for
the commission of an offense.
Right
of
persons
under
custodial
investigation: Right to silence, to counsel, and to
warnings.
When rights are available:
1. AFTER
a person has been taken into
custody or
2. When a person is otherwise deprived of his
freedom of action in any significant way
3. When a person is merely invited for
questioning (R.A. No. 7438)
4. When the investigation is being conducted
by the government (police, DOJ, NBI) with
respect to a criminal offense.
5. Signing of arrest reports and booking
sheets.
When rights are not available:
1. During a police line-up. Exception: Once
there is a move among the investigators to
elicit admissions or confessions from the
suspect.
2. During administrative investigations.
3. Confessions made by an accused at the
time he voluntarily surrendered to the
police or outside the context of a formal
investigation.
4. Statements made to a private person.
Rights end at the time of the filing of criminal
cases in court:
MIRANDA RIGHTS [Miranda v. Arizona, 384 U.S.
436 (1966)]
Any person under custodial or police investigation
has the right to be informed of the following rights:
1. Right to remain silent
2. Right to be reminded that if he waives his right
to remain silent, anything he says can and will be
used against him.
3. Right to counsel before and during interrogation
4. Right to be reminded that if he cannot afford
counsel, then one will be provided for him by the
state.
5. Even if the person consent to answer questions
without the assistance of counsel, the moment he
asks for a lawyer at any point in the investigation,
the interrogation must cease until an attorney is
present.
6. if the foregoing protections and warnings are
not demonstrated during the trial to have been
observed by the prosecution, no evidence obtained
as a result of the interrogation can be used against
him.
Requisites:
(1) Valid complaint or information
(2) Filed before a competent court
(3) To which the defendant had pleaded
(4) Defendant was previously acquitted or
convicted, or the case was otherwise terminated
without his express consent (People v. Judge
Pineda, G.R. 44205
)
When is 2nd prosecution allowed?
supervening death unjustified dismissal
dismissal on motion to quash absence of
jurisdiction
When is 2nd prosecution prohibited:
(1) dismissal on demurrer
(2) prosecution for the same act
1. Prosecution for supervening death even
after earlier conviction for physical injuries
When after the 1st prosecution a new fact
supervenes for which the defendant is responsible,
which changes the character of the offense, and,
Requisites
for
a
valid
extra-judicial
confession:
1. voluntary
2. made with the assistance of competent and
independent counsel
3. must be express
4. made in writing
5. signed, or if the confessant does not know
how to read and write, thumbmarked by
him (P.v. Olivares, G.R. No. 77865)
jeopardy
after
dismissal
on
Custodial Investigation; Duties of Public Officers.--(a) Any person arrested, detained or under
custodial investigation shall at all times be assisted
by counsel.
(b) Any public officer or employee, or anyone
acting under his order or in his place, who arrests,
detains or investigates any person for the
commissionof an offense shall inform the latter, in
a language known to and understood by him, of his
rights to remain silent and to have competent and
independent counsel, preferably of his own choice,
who shall at all times be allowed to confer privately
with the person arrested, detained or under
custodial investigation. If such person cannot
afford the services of his own counsel, he must be
provided with
a competent and independent counsel by the
investigating officer.
(c) The custodial investigation report shall be
reduced to writing by the investigating officer,
provided that before such report is signed, or
thumbmarked if the person arrested or detained
does not know how to read and write, it shall be
read and adequately explained to him by his
counsel or by the assisting counsel provided by the
investigating officer in the language or dialect
known to such arrested or detained person,
otherwise, such investigation report
shall be null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person
arrested, detained or under custodial investigation
shall be in writing and signed by such persons in
the presence of his counsel or in the latter's
absence, upon a valid waiver, and in the presence
of any of the parents, elder brothers and sisters,
his spouse, the municipal mayor, the municipal
judge, district school supervisor, or priest or
minister of the gospelas chosen by him; otherwise,
such extrajudicial confessionshall be inadmissible
in evidence in any proceeding.
(e) Any waiver by a person arrested or detained
under the provisions of Art. 125 of the RPC, or
under custodial investigation, shall be in writing
and signed by such person in the presence of his
counsel; otherwise such waiver shall be null and
void and of no effect.
(f) Any person arrested or detained or under
custodial investigation shall be allowed visits by or
conferences with any member of his immediate
family, or any medical doctor or priest or religious
minister chosen by him or by any member of his
1.
2.
3.
Persons
charged
with
offenses
PUNISHABLE by RECLUSION PERPETUA or
DEATH, when evidence of guilt is strong
Persons CONVICTED by the trial court. Bail
is only discretionary pending appeal.
Persons who are members of the AFP
facing a court martial.
NOTE:
1. Persons charged with offenses punishable
by LIFE IMPRISONMENT, when evidence of
guilt is strong, are likewise not entitled to
bail.
2. Right to bail is not available in the military.
Trial court if
the conviction did not change the nature of
the offense, and
before transmittal of the original record to
the appellate court.
either
on the certificate of title on file with the
RoD if the land is registered, or
if unregistered, in the Registration Book on
the space provided therefor, in the RoD
for the province or city where the land
lies, and
Justification of sureties:
Every surety shall justify by affidavit taken before
the judge
that he possesses the qualifications
inspections
of
Concerned Citizens
Citizens v.
v. Judge
Judge Elma,
Elma,241
241SCRA
SCRA
Concerned
84 (1995)
(1995) Where bail is not a matter of right, a
84
Where for
bailbail
is not
a matter
a petition
petition
should
be setof
forright,
hearing
before for
it
shouldAt
bethe
sethearing,
for hearing
beforeshould
it is granted.
isbail
granted.
the court
assure
At the
the iscourt
should
that the
that
the hearing,
prosecution
afforded
the assure
opportunity
to
prosecution
is afforded
opportunity
to adduce
adduce
evidence
relevantthe
to the
factual issue,
with
evidence
relevant
factual
issue, with the
the
applicant
having to
thethe
right
of cross-examination
applicant
havinghis
theown
right
of cross-examination
and
and
to introduce
evidence
in rebuttal.
to introduce his own evidence in rebuttal.
C.
Sec. 14. Rights of an accused
Rights of a person charged with a criminal
offense
1. Rights to due process of law
2. Right to be presumed innocent
3. Right to be heard by himself and counsel
4. Right to be informed of the nature and
cause of the accusation against him
5. Right to have a speedy, impartial and
public trial
6. Right to meet the witnesses face to face
7. Right to have compulsory process to
secure the attendance of witnesses and the
production of evidence in his behalf
DUE PROCESS
This means that the accused can only be convicted
by a tribunal which is required to comply with the
stringent requirements of the rules of criminal
procedure.
PRESUMPTION OF INNOCENCE
The Constitution does not prohibit the legislature
from providing that the proof of certain facts leads
to a prima facie presumption of guilt, provided that
the facts proved have a reasonable connection to
the ultimate fact presumed.
Presumption of guilt should not be conclusive.
RIGHT TO BE HEARD BY HIMSELF AND
COUNSEL
The right to be heard includes the following
rights:
1. The right to be present at the trial
A. The right to be present covers the period
form ARRAIGNMENT to PROMULGATION of
sentence.
B. After arraignment, trial may proceed
notwithstanding absence of accused.
Note: Trial in absentia is allowed only if
the accused has been validly arraigned
and the following 2 requisites are met:
D.
Accused
has
been
duly
notified; and
ii.
His
failure
to
appear
is
unjustifiable.
The accused may waive the right to be
present at the trial by not showing up.
However, the court can still compel the
attendance of the accused if necessary for
identification purposes. EXEPTION: if the
accused, after arraignment, has stipulated
that he is indeed the person charged with
the offense and named in the information
and that any time a witness refers to a
name by which he is known, the witness is
to be understood as referring to him.
While the accused is entitled to be present
during promulgation of judgment, the
absence of his counsel during such
promulgation does not affect its validity.
2. Right to counsel
A. Right to counsel means the right to
EFFECTIVE REPRESENTATION.
B. If the accused appears at arraignment
without counsel, the judge must:
1. Inform the accused that he has a
right
to
a
counsel
before
arraignment
2. Ask the accused if he desires the
aid of counsel
3. If the accused desires counsel,
but cannot afford one, a counsel
de oficio must be appointed
4. If the accused desires to obtain
his own counsel, the court must
give him reasonable time to get
one.
3. Right to an impartial judge
4. Right
of
confrontation
and
crossexamination
5. Right to compulsory process to secure the
attendance of witnesses
INVOLUNTARY SERVITUDE
It is every condition of enforced or compulsory
service of one to another no matter under what
form such servitude may be disguised.
Standard used:
i.
The punishment must not be so severe
as to be degrading to the dignity of
human beings.
ii.
It must not be applied arbitrarily.
iii.
It must not be unacceptable to
contemporary society
iv.
It must not be excessive, i.e. it must
serve a penal purpose more effectively
than a less severe punishment would.
Excessive fine
A fine is excessive, when under any circumstances,
it is disproportionate to the offense.
NOTE: Fr. Bernas says that the accused cannot be
convicted of the crime to which the punishment is
attached if the court finds that the punishment is
cruel, degrading or inhuman.
Reason: Without a valid penalty, the law is mot a
penal law.
Sec. 20. No person shall be imprisoned for debt or
non-payment of a poll tax.
Exception:
in
the
BILL OF ATTAINDER
A. A bill of attainder is a LEGISLATIVE act
which inflicts punishment W/O JUDICIAL
trial.
B. The bill of attainder does not need to be
directed at a specifically named person. It
may also refer to easily ascertainable
members of a group in such a way as to
inflict punishment on them without judicial
trial.
Elements of the bill of attainder:
1. There must be a LAW.
2. The law imposes a PENAL burden on a
NAMED
INDIVIDUAL
or
EASILY
ASCERTAINABLE MEMBERS of a GROUP.
3. The penal burden is imposed DIRECTLY by
the LAW W/O JUDICIAL trial.
G. NON-IMPAIRMENT OF OBLIGATIONS OF
CONTRACTS Art. III, Sec. 10. No law impairing
the obligation of contracts shall be passed. Civil
Code, Art. 1306. The contracting parties may
establish such stipulations, clauses, terms and
conditions as they may deem convenient, provided
they are not contrary to law, morals, good
customs, public order, or public policy.
Nature of protection
Purpose: Safeguard the integrity of valid
contractual
agreements
against unwarranted
interference by the State.
General Rule: Contracts should be respected
by the legislature and not tampered with by
subsequent laws that will change the intention of
the parties or modify their rights and obligations.
The will of the parties to the contract must prevail.
Contracts affected
Affects legal, executed and executory contracts,
which must be valid.
Limitations
A contract valid at the time of its execution may
be legally modified or even completely invalidated
by a subsequent law.
Strict construction. Charters, franchises and
licenses granted by the Government are strictly
construed against the grantees.
If a law is a proper exercise of the police power,
it will prevail over the contract. This is because
public welfare is superior to private rights (PNB v.
Remigio, G.R. 78508,
March 21, 1995). Into each contract are read the
provisions of existing law and, always, a
reservation of the police power as long as the
agreement deals with a matter affecting the public
welfare.
Eminent domain and taxation may also validly
limit the impairment clause.
Effect of emergency legislation on
contracts
In a national emergency, such as a protracted
economic depression, the police power may be
exercised to the extent of impairing some of the
rights of parties arising from contracts. However,
such emergency laws are to remain in effect only
during the continuance of the emergency.
Currency legislation and contracts
order shall expire five (5) days after the date of its
issuance, unless extended for justifiable reasons.
(c) Production Order. The court, justice or
judge, upon verified motion and after due hearing,
may order any person in possession, custody or
control of any designated documents, papers,
books, accounts, letters, photographs, objects or
tangible things, or objects in digitized or electronic
form, which constitute or contain evidence relevant
to the petition or the return, to produce and permit
their inspection, copying or photographing by or on
behalf of the movant.
The motion may be opposed on the ground of
national security or of the privileged nature of the
information, in which case the court, justice or
judge may conduct a hearing in chambers to
determine the merit of the opposition.
The court, justice or judge shall prescribe other
conditions to protect the constitutional rights of all
the parties.
(d) Witness Protection Order. The court, justice
or judge, upon motion or motuproprio, may refer
the witnesses to the Department of Justice for
admission to the Witness Protection, Security and
Benefit Program, pursuant to Republic Act No.
6981. The court, justice or judge may also refer
the witnesses to other government agencies, or to
accredited persons or private institutions capable
of keeping and securing their safety.
SEC. 15. Availability of Interim Reliefs to
Respondent. Upon verified motion of the
respondent and after due hearing, the court,
justice or judge may issue an inspection order or
production order under paragraphs (b) and (c) of
the preceding section.
A motion for inspection order under this section
shall be supported by affidavits or testimonies of
witnesses having personal knowledge of the
defenses of the respondent.
SEC. 16. Contempt. The court, justice or judge
may order the respondent who refuses to make a
return, or who makes a false return, or any person
who otherwise disobeys or resists a lawful process
or order of the court to be punished for contempt.
The contemnor may be imprisoned or imposed a
fine.
SEC. 17. Burden of Proof and Standard of Diligence
Required. The parties shall establish their
claims by substantial evidence. The respondent
who is a private individual or entity must prove
that ordinary diligence as required by applicable
laws, rules and regulations was observed in the
performance of duty. The respondent who is a
public official or employee must prove that
extraordinary diligence as required by applicable
laws, rules and regulations was observed in the
ARTICLE IV CITIZENSHIP
acquisition
of
citizenship on the basis of blood
relationship
iii.
Naturalization the legal act of
adopting an alien and clothing him with
the privilege of a native-born citizen.
NOTE: The Philippines follows (2) and
(3)
Election of citizenship
Constitution:
under
the
1987
1.
2.
3.
4.
5.
6.
Re-acquisition of citizenship
Natural-born Filipinos who are deemed to have lost
their citizenship may re-acquire the same via
repatriation proceedings. This involves taking an
oath of allegiance and filling the same with the civil
registry.
RA 9225 Citizen Retention and Reacquisition Act
a.
Natural born citizens, who lost their
citizenship by reason of their naturalization as
citizens of a foreign country, are deemed to have
reacquired their Philippine citizenship upon taking
the oath of allegiance to the Republic.
b.
Derivative citizenship-the unmarried child
below 18 yrs. Old of those who re-acquired the
citizenship shall likewise be deemed as citizens of
the Philippines.
Distinguish
dual
citizenship
from
dual
allegiance
Dual citizenship arises when, as a result of the
concurrent application of the laws of two or more
states, a person is simultaneously considered a
citizen of those states. Dual allegiance refers to the
situation in which a person simultaneously owes,
by some positive act, loyalty to two or more states.
Dual nationality is involuntary and legal, while dual
allegiance is voluntary and illegal (Mercado v.
Manzano)
Citizenship
Section 1. The
Philippines:
following
are
citizens
of
the
(b) are in active service as commissioned or noncommissioned officers in the armed forces of the
country which they are naturalized citizens.
3. Exploration, Development and Utilization of
Natural Resources
ARTICLE V- SUFFRAGE
Qualifications:
CODE: CD18RR
1. Citizen of the Philippines
2. Not disqualified by law
3. At least 18 years old
4. Resident of the Philippines for at least 1 year
5. Resident of the place wherein he/she proposes
to vote for at least 6 months immediately
preceding the election.
NOTE: No literacy, property or other substantive
requirement can be imposed on the exercises of
suffrage.
Residency requirement
Residency, under Article V has 2 senses:
1. DOMICLE This is in reference to the 1 year
residency requirement in the Philippines. The
principal elements of domicile physical
presence in the country and intention to adopt
it as ones domicile must concur.
2. TEMPORARY RESIDENCE This is in reference
to the 6 month residency requirement in the
place where one wants to vote. In this case,
residence can either mean domicile or
temporary residence.
Disqualifications:
1. Any person sentenced by final judgment to
imprisonment of not less than 1 year, which
disability has not been removed by plenary
pardon, provided, however, That such a person
shall automatically reacquire the right to vote
upon expiration of 5 years after service of
sentence.
2. Any person adjudge by final judgment of
having violated his allegiance to the Republic of
the Philippines.
3. Insane or incompetent persons as declared by
competent authority.
Composition
24 senators who shall be elected at large by the
qualified voters of the Philippines, as may be
provided by law.
Qualifications of senators
1.) Natural-born citizen;
2.) At least 35 years old on the day of
election;
3.) Able to read and write;
4.) A registered voter; and
5.) Philippine resident for at least 2 years
immediately proceeding the day of the
election.
NOTE: The qualifications of both Senators and
Members of the House are limited to those
provided by the Constitution. Congress cannot, by
law, add or subtract from these qualifications.
Term of Office:
a. No Senator shall serve for more than 2
consecutive terms
b. Voluntary renunciation of 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.
HOUSE OF REPRESENTATIVES
Composition:
A. Not more than 250 members,
unless otherwise fixed by law;
including
B. Party-list Representatives
District Representatives:
1.) They shall be elected from legislative
districts apportioned among the provinces,
cities and the Metropolitan Manila Area.
2.) Legislative districts are apportioned in
accordance with the number of inhabitants
of each area an on the basis of a uniform
and progressive ratio.
3.) Each district shall comprise, as far as
practicable, contiguous, compact and
adjacent territory;
4.) Each city with at least 250,000 inhabitants
will be entitled to at least one
representative.
Philippines;
on the day of the
district he seeks to
for at least one year
Term of Office
1. Each member of the House shall be elected for
a term of 3 years which shall commence
(unless otherwise provided for by law) at noon
on 30 June next following their election.
2. Voluntary renunciation of 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.
Terms Limitations
No members of the House of Representatives shall
serve for more than 3 consecutive terms.
Distinctions between TERM and TENURE
A. Definition
a) Term: the period during which the elected
officer is legally authorized to assume his
office and exercise the powers thereof.
b) Tenure: the period during which such
officer actually holds his position.
B. Limitation/Possible Reduction
1. Term CANNOT be reduced.
2. Tenure MAY, by law, limited. Thus, a
provision which considers an elective office
automatically vacated when the holder
thereof files a certificate of candidacy for
another elective office (except President
and Vice President) is valid, as it only
2.
3.
4.
5.
6.
7.
AS
Determination of Salaries:
Salaries of Senators and Members of the House of
Representative shall be determined by law.
Rule on increase in salaries: No increase in their
salaries shall take effect unit AFTER the
EXPIRATION OF THE FULL TERM (NOT TENURE) of
all the members of the Senate and the House of
Representatives approving such increase.
NOTE: Since the Constitution provides for rules on
salaries
and
not
on
emoluments,
our
distinguished legislators can appropriate for
themselves other sums of money such as travel
allowances, as well as other side benefits.
A.
1.
Legislators are privileged from arrest while
Congress is in session (whether regular or
special) with respect to offenses punishable by up
to 6 years of imprisonment.
2.
In Congress is in recess, members thereof
may be arrested.
3.
The immunity is only with respect to arrest
and NOT to prosecution for criminal offense.
B.
Legislative privilege:
1.
No member shall be questioned or held
liable in any forum other than his/her respective
Congressional body for any debate or speech in the
Congress or in any Committee thereof
2.
Limitation on the privilege:
a)
Protection is only against prosecution in
any forum other than Congress itself. Thus, for
inflammatory remarks which are otherwise
privileged, a member may be sanctioned by either
the Senate or the House as the case may be.
b)
The speech or debate must be made in
performance of their duties as members of
Congress. This includes speeches delivered,
statements made, votes cast, as well as bills
introduced,
and
other
activities
done
in
performance of their official duties.
c)
Congress need NOT be in session when the
utterance is made, as long as it forms part of
legislative action. i.e. part of the deliberative and
communicative process used to participate in
legislative proceedings in consideration of proposed
legislation or with respect to other matters with
Congress jurisdiction
Disqualifications:
SECTION 15: Regular and Special Sessions
Difference of Special Session from a Regular
Session
(1) Regular Sessions
Discipline:
1. Suspension
a) Concurrence of 2/3 of ALL its members and
b) Shall not exceed 60 days.
2. Expulsion
DISQUALIFICATION
WHEN APPLICABLE
1. Senator/Member of
the House cannot hold
any
other
office
or
employment
in
the
Government
or
any
subdivision, agency or
instrumentality thereof,
including GOCCS or their
subsidiaries.
2. Legislators cannot be
appointed to any office
3.
Legislators
cannot
personally
appear
as
counsel before any court
of
justice,
electoral
tribunal,
quasi-judicial
and
administrative
bodies.
4. Legislators cannot be
financially
interested
directly or indirectly in
any contract with or in
any franchise, or special
privilege granted by the
Government,
or
any
subdivision, agency or
instrumentality thereof,
including any GOCCS or
its subsidiary.
5.
Legislators
cannot
intervene in any matter
before any office of the
government.
If
the
office
was
created
or
the
emoluments
thereof
increased during the
term for which he was
elected.
During his term of
office.
During
office
his
term
of
3.
4.
3.
Voting/Action
a. The chairman shall only vote in case of a
tie.
b. The CA shall act on all appointments within
30 session days from their submission to
Congress.
c. The Commission shall rule by a majority
vote of all the Members.
Jurisdiction
1. CA shall confirm the appointments by the
President with respect to the following
positions: (CODE: HAPCOO)
2. Heads of Executive Departments (except if
it is the Vice-President who is appointed to
the post).
3. Ambassadors, other public ministers or
consuls.
4. Other officer whose appointments are
vested in him by the Constitution (e.g.
COMELEC members).
3.
Enforcement:
a. Since experience has shown that the mere
request for information do not usually
work, Congress has the inherent power to
punish recalcitrant witnesses for contempt,
and may have them incarcerated until such
time that they agree to testify.
b. The continuance of such incarceration only
subsists for the lifetime, or term, of such
body. Once the body ceases to exist after
its final adjournment, the power to
incarcerate ceases to exist as well. Thus,
each Congress of the House lasts for only
3 years. But if one is incarcerated by the
Senate it is indefinite because the Senate,
with its staggered terms, is a continuing
body.
c. BUT, in order for a witness to be subject to
this incarceration, the primary requirement
is that the inquiry is within the scope of the
powers of Congress. i.e. it is an aid of
legislation.
d. The materiality of a question is determined
not by its connection to any actually
pending legislation, but by its connection
to the general scope of the inquiry.
e. The power to punish for contempt is
inherent in Congress and this power is sui
generic. It cannot be exercised by local
government
units
unless
they
are
expressly authorized to do so.
Limitations:
1. The inquiry must in aid of legislation.
2. The inquiry must be conducted in
accordance with the duly published rules
of procedure of the House conducting the
inquiry; and
3. The rights of persons appearing in or
affected by such inquiries shall be
respected. Ex. The right against selfincrimination.
Question Hour Appearance of department
heads before Congress:
A. Since
members
of
the
executive
department are co-equals with those of the
legislative department, under the principle
of separation of powers, department heads
cannot be compelled to appear before
Congress. Neither may the department
heads impose their appearance upon
Congress.
B. Department heads may appear before
Congress in the following instances:
1. Upon their own initiative, with the
consent of the President (and of the
House concerned); or
2. Upon the request of either House
(which cannot compel them to attend)
C. The appearance will be conducted in
EXECUTIVE SESSION when:
1. Required by the security of state or
required by public interest; and
2. When the President so states in writing
As to persons
who
may
appear
As
to
who
conducts the
investigation
As
to
the
subject matter
Question
Hour (Sec.
22,
Article
VI)
Only
a
department
head
Entire body
Legislative
Investigation
(Sec.
21,
Article VI)
Any person
Matters
related to the
department
only
Committees
2.
3.
Limitations:
a. Powers will be exercised for a limited
period only; and
b. Powers will be subject to restrictions
prescribed by Congress
Expiration of emergency powers
1. By resolution of Congress or
2. Upon
the
next
adjournment
of
Congress
the
the
2)
3)
4)
5)
6)
7)
a) As a mandatory requirement
b) The title does not have to be a
complete catalogue of everything
stated in the bill. It is sufficient if the
title expresses the general subject of
the bill and all the provisions of the
statute are germane to that general
subject.
c) A
bill
which
repeals
legislation
regarding the subject matter need not
state in the title that it is repealing the
latter. Thus, a repealing clause in the
bill is considered germane to the
subject matter of the bill.
2.
Readings
a) In order to become a law, each bill
must pass three (3) readings in both
Houses.
b) General rule: Each reading shall be
held on separate days & printed copies
thereof in its final form shall be
distributed to its Members three (3)
days before its passage.
c) Exception: If a bill is certified as urgent
by the President as to the necessity of
its immediate enactment to meet a
public calamity or emergency, the 3
readings can be held on the same day.
d) First reading only the title is read;
the bill is passed to the proper
committee
Second reading Entire text is read
and
debates
are
held,
and
amendments introduced.
Third reading only the title is read,
no amendments are allowed. Vote shall
be taken immediately thereafter and
the yeas and nays entered in the
journal.
5.
6.
TYPE OF BILL
1. Revenue/tax bill
2. Appropriations bill
ITEM
Subject of the tax and
the tax rate imposed
thereon
Indivisible
sum
dedicated to a stated
purpose
d) Veto of RIDER
A rider is a provision which does not
relate to a particular appropriation stated
in the bill.
Since it is an invalid provision under
Section 25(2), the President may veto it
as an item.
LEGISLATIVE
REQUIREMENT.
DISTRICT;
POPULATION
2.
A recognition of the President's implied or
residual powers is tantamount to setting the stage
for another dictatorship. Despite petitioners'
strained analogy, the residual powers of the
President under the Constitution should not be
confused with the power of the President under the
1973 Constitution to legislate pursuant to
Amendment No. 6 which provides:
Whenever in the judgment of the President (Prime
Minister), there exists a grave emergency or a
threat or imminence thereof, or whenever the
interim Batasang Pambansa or the regular National
Assembly fails or is unable to act adequately on
any matter for any reason that in his judgment
requires immediate action, he may, in order to
meet the exigency, issue the necessary decrees,
orders, or letters of instruction, which shall form
part of the law of the land.
3.
There is no similarity between the residual
powers of the President under the 1987
Constitution and the power of the President under
the 1973 Constitution pursuant to Amendment No.
6. First of all, Amendment No. 6 refers to an
express grant of power. It is not implied. Then,
Amendment No. 6 refers to a grant to the
President of the specific power of legislation.
4.
Among the duties of the President under the
Constitution, in compliance with his (or her) oath
of office, is to protect and promote the interest and
welfare of the people. Her decision to bar the
return of the Marcoses and subsequently, the
remains of Mr. Marcos at the present time and
under present circumstances is in compliance with
this bounden duty. In the absence of a clear
showing that she had acted with arbitrariness or
with grave abuse of discretion in arriving at this
decision,
the
Court
will
not
enjoin
the
implementation of this decision.
SECTION 2: Qualifications of President
1)
2)
3)
4)
5)
2.
VACANCY
President dies, is
permanently disabled,
is impeached, or
resigns.
Both President and
Vice-President die,
become permanently
disabled, are
SUCCESSOR
Vice-President becomes
President for the
unexpired term.
1.
2.
Senate President or
In case of his
inability, the
Speaker of the
3.
4.
6.
SUBJECT
President,
Vice-President,
Cabinet Members, Deputies or
Assistants of
Cabinet Members
Spouses
and
4th
degree
relatives of the President
(consanguinity or affinity)
SOURCE OF DISQUALIFICATION
Prohibited from:
1) Holding any office or employment during their tenure, UNLESS:
1) otherwise provided in the Constitution (e.g. VP can be appointed a
Cabinet Member, Sec. of Justice sits on Judicial and Bar Council); or
2) the positions are ex-officio and they do not receive any salary or
other emoluments therefore (e.g. Sec. of Finance is head of
Monetary Board).
3) Practicing, directly or indirectly, any other profession during their
tenure;
4) Participating in any business;
5) Being financially interested in any contract with, or in any franchise,
or special privilege granted by the government or any subdivision,
agency of instrumentality thereof, including GOCCs or their
subsidiaries.
N.B. The rule on disqualifications for the President and his Cabinet are
stricter than the normal rules applicable to appointive and elective
officers under Art. IX-B, Sec. 7
Cannot be appointed during Presidents tenure as:
1) Members of the Constitutional Commissions;
2) Office of the Ombudsman;
3) Department Secretaries;
4) Department under-secretaries;
5) Chairman or heads of bureaus or offices including GOCCs and their
subsidiaries.
N.B.
1) If the spouse, etc., was already in any of the above offices at the
time before his/her spouse became President, he/she may continue
in office. What is prohibited is appointment and reappointment,
NOT continuation in office.
2) Spouses, etc., can be appointed to the judiciary and as
ambassadors and consuls.
No CA confirmation:
a) Appointment; and
b) Acceptance.
NOTE: Once appointee accepts, President
can no longer withdraw the appointment.
Ad-interim appointments:
1.) When Congress is in recess, the President
may still appoint officers to positions
subject to CA confirmation.
2.) These
appointments
are
effective
immediately, but are only effective until
they are disapproved by the CA or until
the next adjournment of Congress.
3.) Appointments to fill an office in an acting
capacity are NOT ad-interim in nature and
need no CA approval.
Appointments by an Acting President:
These shall remain effective UNLESS revoked by
the elected President within 90 days from his
assumption or re-assumption of office.
Limitation
1.) 2 months immediately before the next
President elections, and up to the end of
his term, the President or Acting President
SHALL NOT makes appointments.
This is to prevent the practice of midnight
appointments.
2.) EXCEPTION:
a) Can
make
TEMPORARY
APPOINTMENTS
b) To fill EXECUTIVE POSITIONS;
Power
1.)
2.)
4.)
3.)
Scope:
1.) The President is the Commander-in-Chief of
the Armed Forces.
2.) Whenever necessary, the President may call
out the AFP to PREVENT or SUPPRESS:
a) Lawless violence;
b) Invasion; or
c) Rebellion.
3.) The President may also:
a) Suspend the privilege of the writ of
habeas corpus; and
b) Proclaim a state of martial law.
Suspension of the privilege of the writ of
habeas corpus and declaring martial law;
1.) Grounds
a) Invasion or
b) Rebellion; and
c) Public safety requires it.
2.) The invasion or rebellion must be ACTUAL and
not merely imminent.
3.) Limitations:
a) Suspension
or
proclamation
is
effective for only 60 days.
b) Within 48 hours from the declaration
or suspension, the President must
submit a report to Congress.
c) Congress, by majority vote and voting
jointly, may revoke the same, and the
President cannot set aside the
revocation.
d) In the
same
manner, at
the
Presidents initiative.
Limitations:
1) As to scope:
Cannot be granted:
a. Before conviction
b. In cases of impeachment
c. For violations of elections law, rules,
and regulations without the favorable
recommendation of the COMELEC.
d. In cases of civil or legislative contempt
2) As to effect:
a. Does not absolve civil liabilities for an
offense.
b. Does not restore public offices already
forfeited, although eligibility for the
same may be restored.
Amnesty:
1) An act of grace concurred in by Congress,
usually extended to groups of persons who
commit political offenses, which puts into
oblivion the offense itself.
2) President alone CANNOT grant amnesty.
Amnesty needs concurrence by a majority of
all the members of Congress.
3) When a person applies for amnesty, he must
admit his guilt of the offense which is subject
to such amnesty. If his application is denies,
he can be convicted based on this admission
of guilt.
4) Amnesty V. Pardon
AMNESTY
Addressed
to
POLITICAL offense
Granted to a CLASS of
persons
Need not be accepted
Requires concurrence
of majority of all
members of Congress
A public act. Subject
to judicial note
Extinguishes
the
offense itself
PARDON
Addressed
to
ORDINARY offenses
Granted
to
INDIVIDUALS
Must be accepted
No
need
for
Congressional
concurrence
Private act of President.
It must be proved.
Only
penalties
are
extinguished. May or
may
not
restore
political rights. Absolute
pardon
restores.
Conditional does not.
Only
granted
after
conviction
by
final
judgment
ARTICLE VIII.
THE JUDICIAL DEPARTMENT
The Judiciary, unlike the Executive and the
Legislative which are active, is passive and
reactive as it has to wait for a case to be filed
before it will act to settle the controversy.
Sec. 1. The Judicial Power
Scope:
1. Judicial power is the authority to settle
justiciable controversies or disputes involving
rights that are enforceable and demandable
before the courts of justice or the redress of
wrongs for violations of such rights.
2. Vested in the Supreme Court and such lower
courts as may be established by law.
3. Since the courts are given judicial power and
nothing more, courts may neither attempt to
assume or be compelled to perform nonjudicial functions. They may not be charged
with administrative functions except when
reasonably incidental to the fulfillment of their
duties.
4. In order that the courts may exercise this
power, there must exist the following:
a) An actual
controversy
with
legally
demandable and enforceable rights;
b) Involving real parties in interest;
c) The exercise of such power will bind the
parties by virtue of the courts application
of existing laws.
6.
7.
Political Questions:
1.) A POLITICAL QUESTION is one the
resolution of which has been vested by the
Constitution exclusively in either the people,
in the exercise of their sovereign capacity, or
in which full discretionary authority has been
delegated to a co-equal branch of the
Government.
2.) Thus, while the courts can determine question
of legality with respect to governmental
action, they cannot review government policy
and the wisdom thereof, for these question
have been vested by the Constitution in the
Executive and Legislative Departments.
Sec. 2. Roles of Congress
1.
2.
3.
4.
5.
c.
Noblejas v Teehankee,
The Commissioner of Land Registration is given
the rank of judge of the CFI but he is still an
administrative official. Hence he is outside
the jurisdiction of the SC and cannot be
investigated by it as if he were a lower court
judge. Otherwise, the SC would be performing a
non-judicial work.
1.
Qualifications of
collegiate courts:
judges
of
lower
non-
Vargas v Rilloraza
-Grounds to disqualify a justice of the SC cannot
be legislated. To allow this would in effect deprive
the SC of jurisdiction as established by the
Constitution.
- Only the President can appoint justices to the
SC.
In this case, the designation of the CFI judges
was
made
by
Congress
and
therefore
constitutionally repugnant.
- The designated judge, even if his action or
participation is temporary, would be acting as a
SC justice and his vote will be counted as that of a
regular justice
Sec. 10. Salaries
1.
2.
3.
Hearing of cases:
1.) En banc; or
2.) Division of 3, 5, or 7.
One Supreme Court
The SC remains and functions as one Supreme
Court even when it sits in divisions (US v
Limsiongco).
Cases required to be heard en banc:
1. All cases involving constitutionally of a/an:
(CODE: T I L)
a. Treaty
2.
3.
4.
5.
6.
7.
2.
5.
to
the
7.
Noblejas v Teehankee,
The Commissioner of Land Registration is given
the rank of judge of the CFI but he is still an
administrative official. Hence he is outside
the jurisdiction of the SC and cannot be
investigated by it as if he were a lower court
judge. Otherwise, the SC would be performing a
non-judicial work.
Decisions of the Supreme Court:
1.) Reached in consultation before being assigned
to a member for the writing of the opinion.
2.) A certification to this effect must be signed by
the Chief Justice and attached to the record of
the case and served upon the parties.
3.) Members of the SC who took no part, or who
dissented or abstained must state the reasons
therefore.
NOTE: This procedure shall also be observed by
all lower collegiate courts (CA, CTA, and the
Sandiganbayan).
JUDICIAL REVIEW
Definition
1.) Judicial Review is the power of the SC to
declare a law, treaty, ordinance etc.
unconstitutional.
2.) Lower courts may also exercise the power of
judicial review, subject to the appellate
jurisdiction of the SC.
1.
2.
3.
4.
Valladolid v Inciong
- lack of the statement of facts and conclusion in
this case is not covered by the constitutional
requirement for decisions of a court of record as
this is an administrative case.
- the Ministry of Labor being an administrative
agency with quasi-judicial functions, with rules of
procedure mandated to be non-litigious,
summary and non-technical.
Section
14,
Chapter
3,
Book
VII,
Administrative Code of 1987.
Decision.-- Every decision rendered by the agency
in a contested case shall be in writing and shall
state clearly and distinctly the facts
and the law on which it is based. xxx
Bacolod Murcia Milling Co. v Henares,
The SC ruled that orders of a court on an
incidental matter (in this case, the order imposing
the payment of attorney's fees) need not state the
legal basis of the ruling.
Minute Resolutions
Cruz: Minute resolutions denying due course or
dismissing a petition always gives the legal basis
and are used:
- where a case is patently without merit
- where the issues raised are factual in nature,
- where the decision appealed from is supported
by substantial evidence and is in accord w/ the
facts of the case and the applicable laws,
- where it is clear from the records that the
petitions were filed merely to forestall the early
execution of judgment and for noncompliance
w/ the rules. .
xxxx
The Court is not duty bound to render signed
decisions all the time. It has ample discretion to
formulate decisions and/ or minute resolutions,
provided a legal basis is given, depending on its
evaluation of a case."
Prudential Bank v. Castro
- an administrative case disposed of by the SC via
a minute resolution
- in an administrative case, the constitutional
mandate that 'no *** motion for reconsideration
of a decision of the court shall be ***
denied without stating the legal basis therefor is
inapplicable.
- And even if it were, said resolution stated the
legal basis for the denial, and, therefore, adhered
faithfully to the constitutional requirement. 'Lack
of merit,' as a ground for denial is legal basis. No
2.
Members
are
only
removable
by
impeachment;
3. SC may not be deprived of minimum and
appellate jurisdiction; appellate jurisdiction
may not be increased without its advice or
concurrence;
4. SC has administrative supervision over all
inferior courts and personnel;
5. SC had exclusive power to discipline judges/
justices of inferior courts;
6. Members of the judiciary enjoy security of
tenure;
7. Members of judiciary may not be designated
to any agency performing quasi-judicial or
administrative functions;
8. Salaries of judges may not be reduced;
judiciary enjoys fiscal autonomy;
9. SC alone may initiate Rules of Court;
10. SC alone may order temporary detail of
judges; and
11. SC can appoint all officials and employees of
the Judiciary (Nachura, Reviewer in Political
Law, p. 199-200.)
ARTICLE IXTHE CONSTITUTIONAL COMMISSIONS
SECTION 1: Constitutional Commissions
7.
2.
3.
those
Section 4
the Constitutional Commissions shall appoint their
officials & employees in accordance with law.
Approval of appointments by the CSC
Barrozo v. CSC
- The CSC has no power of appointment except
over its own personnel. Neither does it have the
authority to review the appointments made by
other officers except only to ascertain if the
appointee possesses the required qualifications.
The determination of who among aspirants with
the minimum statutory qualifications should be
preferred belongs to the appointing authority and
not the
CSC.
SECTION 1:
Composition/Qualifications/Term
Decision-Making:
1) Each commission shall decide matter or cases
by a majority vote of all the members within
60 days from submission.
a. COMELEC may sit en banc or in 2
divisions.
b. Election
cases,
including
preproclamation
controversies
are
decided in division, with motions for
reconsideration filed to the COMELEC
en banc.
c. The SC has held that a majority
decision decided by a division of the
COMELEC is a valid decision.
2) As COLLEGIAL BODIES, each commission
must act as one, and no one member can
decide a case for the entire commission. (i.e.
The Chairman cannot ratify a decision which
would otherwise have been void).
Composition:
1) Chairman
2) Commissioners 2 commissioners
Appeals:
1. Decisions,
orders
or
rulings
of
the
COMELEC/COA may be brought on certiorari
to the SC under Rule 65.
2. Decisions, orders or ruling of the CSC should
be appealed to the CA under Rule 43.
Enforcement:
It has been held that the CSC can issue a writ of
execution to enforce judgments which are final.
THE CIVIL SERVICE COMMISSION
Functions of the CSC
Art. IX, B, Sec. 3.
The Civil Service Commission, as the central
personnel agency of
the Government, shall
- establish a career service
- adopt measures to promote
= morale
= efficiency
= integrity
= responsiveness
= progressiveness
= courtesy
- strengthen the merit and reward system
- integrate all human resources development
programs for all levels and ranks
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of their
appointments;
3) With
proven
capacity
for
public
administration; and
4) NOT candidates for any elective position in the
elections
immediately
preceding
their
appointment.
5) Appointees by the President to the CSC need
Commission
on
Appointments
(CA)
confirmation
Art. VII, sec. 13.
xxx The spouse and relatives by consanguinity or
affinity within the fourth civil degree of the
President shall not during his tenure be appointed
as Members of the Constitutional Commissions, or
the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus
or
offices,
including
governmentowned
or
controlled corporations and their subsidiaries.
Term:
1) 7 years (except for the 1 st appointees where
the Chairman has 7 years, 1 Commissioner
has 5 years while another has 3 years)
2) Limitation: single term only, no reappointment
3) Appointment to vacancy: only for unexpired
term of predecessor
4) No temporary appointments or appointments
in acting capacity.
SECTION 2: Scope
The Civil Service embraces all:
1. branches,
2. subdivisions,
3. instrumentalities,
4. agencies of the government,
5. including GOCCs with original charters.
Next-in-Rank Rule
While a person next in rank is entitled to
preferential consideration, it does not follow
that only he, and no one else, can be
appointed. Such person authority is not bound
to appoint the person next in rank.
Tenure (Classification of Positions)
Career Service
Non-Career Service
1. Entrance based on 1. Entrance on bases
merit and fitness to OTHER than usual test
be determined as far of merit and fitness.
as
practicable
by
competitive
examinations
or
based
on
highly
2. Tenure limited to
a) Period specified by
law,
b) Coterminous
with
appointing authority
or subject to his
pleasure, or
c) Limited
to
the
duration
of
a
particular project for
which purpose the
employment
was
made.
3. With opportunity
for advancement to
higher
career
positions.
Security of Tenure:
1) Officers or employees of the Civil Service
cannot be removed or suspended EXCEPT for
cause provided by law. It guarantees both
procedural and substantive due process.
2) For LEGAL CAUSE Cause is:
a. related
to
and
affects
the
administration of office; and
b. must be substantial (directly affects
the rights & interests of the public)
De los Santos v. Mallare
- Sec. 2545 of the Rev. Admin. Code which
provides that the Pres.may remove at pleasure
any
appointive
officer
was
declared
unconstitutional for being contrary to Art. IX, B, 2
of the Constitution.
Art. XI, Sec. 2.
xxx [T]he members of the Constitutional
Commissions xxx may be
removed from office, on impeachment for, and
conviction of,
- culpable violation of the Constitution,
- treason,
- bribery,
- graft and corruption,
- other high crimes, or
- betrayal of public trust. xxx
3) Security
positions
of
tenure
for
Non-competitive
a) Primarily
confidential
officers
and
employees hold office only for so long as
confidence in them remains.
b) If there is GENUINE loss of confidence,
there is no removal, but merely the
expiration of the term of office
c) Non-career service officers and employees
do not enjoy security of tenure.
d) Political appointees in the foreign service
possess tenure coterminous with that of
the appointing authority or subject to his
pleasure.
4) One must be VALIDLY APPOINTED to enjoy
security of tenure. Thus, one who is not
appointed by the proper appointing authority
does not acquire security of tenure.
Abolition of Office
To be valid, abolition must be made:
(a) In good faith; (good faith is presumed)
(b) Not for political or personal reasons; and
(c) Not in violation of law.
Temporary employees are covered by the
following rules:
1. Not protected by security of tenure can be
removed anytime even without cause
2. If they are separated, this is considered an
expiration of his term.
3. BUT: They can only be removed by the one
who appointed them.
4. Entitled only to such protection as may be
provided by law.
No officer or employee in the Civil Service
shall engage in any electioneering or in
partisan political activity
1) Cannot solicit votes in favor of a particular
candidate.
2) Cannot give campaign contributions or
distribute campaign materials.
3) BUT: Allowed to express views on political
issues, and to mention the names of the
candidates whom he supports.
4) Prohibition does not apply to department
secretaries
Santos v. Yatco
- The position of department secretaries is NOT
embraced and included within the terms officers
and employees in the Civil Service.
Examples:
The Vice President may be appointed as
a Cabinet member
A congressman may sit in the Judicial
and Bar Council
Art. VII, Sec. 13.
ELECTIONS
SECTION 1:
Composition/Qualifications/Term
Composition: (7)
1) Chairman and
2) Commissioners (6)
Qualifications:
1) Natural-born citizens of the Philippines;
2) At least 35 years old at the time of
appointment
3) Holders of college degrees; and
4) Not candidates for any elective position in the
immediately preceding elections.
5) Majority of the Commissions, including the
Chairman must be:
a) Members of the Philippines Bar
b) Engaged in the practice of law for at least
10 years; any activity in or out of court,
which requires the application of law, legal
procedure,
knowledge,
training
and
experience.
6) Appointments subject to CA approval
Cayetano v. Monsod
The practice of law is not limited to the conduct of
cases or litigation in court. It embraces:
(1) preparation of pleadings and other papers
incident to actions and special proceedings
(2) management of such actions and proceedings
on behalf of clients
(3) other works where the work done involves the
determination ofthe trained legal mind of the legal
effect of facts and conditions.
Term:
1) 7 years (1st appointed: Chairman -7 yrs; 3
Members -7 yrs;
2) Members -5 yrs; 1 Member -3 yrs ;)
3) Appointment to a vacancy: only for unexpired
portion of predecessors term
4) No temporary appointments, or appointments
in acting capacity
a) Thus, the President cannot designate an
incumbent
commissioner
as
acting
Chairman.
b) The choice of temporary chairman falls
under the COMELECs discretion.
Nacionalista Party v. Angelo Bautista
- The designation of the SolGen as acting member
of the Comelec was not valid. By the nature of the
Comelec's functions, the Comelec must be
independent. Members are not allowed to perform
other functions, powers and duties to preserve its
impartiality.
- When there is a vacancy, appointment is
preferred to designation.
Brillantes v. Yorac
Veloria v. Comelec
Veloria v. Comelec
- An original special civil action of certiorari,
- An original special civil action of certiorari,
prohibition or mandamus against a RTC in an
prohibition
mandamus against a RTC in an
Sanchezcontest
v. or
Comelec
election
may be filed in the CA or in the
election
contest
may
be filed
the CA
the SC
- The
Comelec,
as the
sole in
judge
of or
all in
contests
SC
being
the only
courts
given
such
original
being
the
only
courts
given
such
original
relating to under
the elections,
returns and
qualifications
jurisdiction
the Constitution
and the
law
jurisdiction
under
and the law
of all members
of the
the Constitution
Batasang
Pambansa, elective provincial and city officials, has
the following powers:
(1) power to nullify the elections where the will of
the voters
been defeated and the purity of
Sanchez
v. has
Comelec
elections
sullied
- The Comelec, as the sole judge of all contests
(2) power
to call
specialreturns
elections
The Comelec
relating
to the
elections,
and-qualifications
has
duty tooftake
necessary steps to complete
of
allthe
members
the Batasang
the elections, that is, to see to it that the real
winners are proclaimed. But when the winners
cannot be determined from the elections, which
was marred by massive and pervasive terrorism,
For Private and
the Comelec must call for a special election in order
to proclaim the real winners.
Flores v. Comelec
- Declared as unconstitutional Sec. 9 of RA 6679
Flores
v. Comelec
(Local Govt
Code) insofar as it provides that the
-decision
Declared
Sec. 9 of RA
6679
of as
theunconstitutional
municipal or metropolitan
court
in a
(Local
Govt
Code)
insofar
as it provides
that the
barangay
case
should
be appealed
to the RTC.
decision of the municipal or metropolitan court in
a- barangay
should
be appealed
to the RTC.
Decisions case
of the
COMELEC
on election
contests
involving municipal and barangay officer shall be
-final
Decisions
of the COMELEC
on election
contestsof
and unappealable
with respect
to questions
involving
municipal
and
barangay
officer
shall
be
fact and not of law. Art IX-6 Sec 2(2) of the
Consti
final
and
unappealable
with
respect
to
questions
was not intended to divert the SC of its authority to
of
fact and
not ofoflaw.
Sec in
2(2)
the
resolve
questions
lawArt
as IX-6
inherent
the of
judicial
Consti
was
not
intended
to
divert
the
SC
of
its
power conferred upon it by the
authority
to
resolve
questions
of
law
as
inherent
Consti.
in the judicial power conferred upon it by the
Consti.
Galido
Galido v.
v. Comelec
Comelec
-- The
The fact
fact that
that decisions,
decisions,final
finalorders
ordersororrulings
rulingsofof
the
the COMELEC
COMELEC in
in contests
contestsinvolving
involvingexecutory
executoryand
and
not
does not
notpreclude
precludea arecourse
recourse
not appealable does
to to
the
the
SC way
by way
a special
action
of certiorari.
SC by
of aof
special
civilcivil
action
of certiorari.
3) Decide, except those involving the right to
vote,
all
questions
affecting
elections,
including determination of the number and
location of polling places, appointment of
election
officials
and
inspectors,
and
registration of voters.
NOTE: Questions involving the right to vote
fall within the jurisdiction of the ordinary
courts.
4) Deputize, with the concurrence of the
President, law enforcement agencies and
instrumentalities of the Government, including
the Armed Forces of the Philippines, for the
exclusive purpose of ensuring free, orderly,
honest, peaceful, and credible elections.
i.
ii.
People v. Inting
-Gen. Rule: The power to conduct preliminary
investigations in cases involving election offenses
for the purpose of helping the judge determine
probable cause and for filing an information in
court is exclusive with the COMELEC. Exception:
The Fiscal may file an information charging an
election offense or prosecute a violation of
election law, when he has been deputized by the
COMELEC.
- It is only after a preliminary examination
conducted by the COMELEC through its officials or
its deputies that Sec. 2, Art. III of the 1987
Constitution comes in. This is so, because, when
the application for a warrant of arrest is made and
the information is filed with the court, the judge
will then determine whether or not a probable
cause exists for the issuance of a warrant of
arrest.
5) Registration
of
political
parties,
organizations, or coalitions/accreditation of
citizens arms of the Commission on Elections.
a) The political parties etc. must present
their
platform
or
program
of
government.
b) There should be sufficient publication
c) Groups which cannot be registered:
i.
Religious denominations/sects
ii.
Groups which seek to achieve
their goals through violence or
unlawful means
iii.
Group which refuse to uphold
and adhere to the Constitution
iv.
Groups which are supported by
any foreign government.
d) BUT: Political parties with religious
affiliation or which derive their principles
from religious beliefs are registrable.
e) Financial contributions from foreign
governments and their agencies to
political
parties,
organizations,
coalitions, or candidates related to
elections constitute interference in
national affairs. If accepted, it is an
additional ground for the cancellation of
their registration with the Commission,
in addition to other penalties that may
be prescribed by law.
other
of election cases,
controversies.
including
pre-election
Decision-Making
1. Election cases should be heard and
decided in division.
2. However, motions for reconsideration of
decision should be decided by COMELEC
en banc.
3. Decisions
means
resolution
on
substantive issues.
4. If a division dismisses a case for a failure
of counsel to appear, the Motion for
Reconsideration here may be heard by the
division.
5. EXCEPTION: COMELEC en banc may
directly assume jurisdiction over a petition
to correct manifest errors in the tallying of
results by Board of Canvassers.
NOTE: In Balajonda v. COMELEC (GR No.
166032), the COMELEC CAN ORDER IMMEDIATE
EXECUTION OF ITS OWN JUDGMENTS.
SECTION 4: Supervision/Regulation of
Franchises/Permits/Grants/Special
Privileges/Concessions
Regulation of franchises
A. What can COMELEC supervise or regulate
1) The enjoyment or utilization of all
franchises or permits for the operation
of transportation and other public
utilities, media of communication or
information.
2) Grants,
special
privileges
or
concessions
granted
by
the
Government
or
any
subdivision,
agency or instrumentality thereof, any
GOCC or its subsidiary
B. When can COMELEC exercise this power
1) During the election period
a) Under Article XI, Section 9, the
election period commences 90
days before the day of the
election and ends 30 days
thereafter.
b) In special cases, COMELEC can
fix a period.
2) Applies not just to elections but also to
plebiscites and referenda.
3) Plebiscite: Submission of constitutional
amendments or important legislative
measures to the people for ratification
2.
3.
Poll Watchers
Political parties, etc. are entitled to appoint poll
watchers in accordance with law.
Registration under the party list system
Art. IX, C, Sec. 7. No votes cast in favor of a
political party, organization, or coalition shall be
valid, except for those registered under the partylist system as provided in this Constitution.
Art. IX, C, Sec. 8. Political parties, or
organizations or coalitions registered under the
party-list systems
- shall not be presented in the voters' registration
boards, boards of election inspectors, boards of
canvassers, or other similar bodies.
- shall be entitled to appoint poll watchers in
accordance with law
Art. VI, Sec. 5. xxx
Party-list representatives
- shall constitute 20% of the
representatives including those
list.
- For 3 consecutive terms after
this Constitution, one-half of the
total number of
under the party
the ratification of
seats allocated to
C. Either:
1. CPAs with at least 10 years auditing
experience; or
2. Members of Phil. Bar with 10 years of
practice.
D. Members cannot all belong to the same
profession.
E. Subject to confirmation of the CA.
F. Must not have been candidates for any
elective position in the elections immediately
preceding their appointment.
Term:
1)
7 years (1st appointees) Chairman-7yrs;
Commissioner1-5yrs; Commissioner2-3yrs)
2)
LIMITATION: Single terms only; no reappointment allowed
3)
Appointments to any vacancy shall only be
for the unexpired portion of predecessors
term
SECTION 2: Powers
1) Examine, audit, and settle accounts pertaining
to:
a) Revenue and receipts of funds or
property; or
b) Expenditures and uses of funds or
property
Owned or held in trust by, or pertain to:
1) The Government;
2) Any of its subdivisions, agencies or
instrumentalities;
3) Including
GOCCs
with
original
charters.
2) Conduct post-audit with respect to the
following:
a) Constitutional bodies, commissions, and
offices granted fiscal autonomy;
b) Autonomous
state
colleges
and
universities;
c) GOCCs and their subsidiaries incorporated
under the Corporation Code.
d) Non-governmental
entities
receiving
subsidies or equity, directly or indirectly,
from or through the government, which
are required by law of the granting of
institution to submit to such audit.
3) If COA finds internal control system of audited
agencies as inadequate, COA may adopt
measures, including temporary or special preaudit, as may be necessary.
other
LOCAL GOVERNMENT
SECTION 1:. TERRITORIAL/POLITICAL
SUBDIVISIONS OF THE REPUBLIC OF THE
PHILIPPINES ARE:
Composition:
1) Provinces
2) Cities;
3) Municipalities; and
4) Barangays
There shall be Autonomous regions in:
1) Muslim Mindanao, and
2) Cordilleras [At present, it is only the
Cordillera ADMINISTRATIVE region]
NOTE: 1) A third autonomous region would
require a constitutional amendment.
2) These political subdivisions, created
by the Constitution can be replaced by
AMENDMENT, and not by law.
3) While Congress can be abolish or
eradicate individual units, it cannot abolish an
entire class of LGUs
SECTION 2:. Local Autonomy
accrue
Term of Office
Elective local officials, now including barangay
officials, have a term of 3 years.
Limitations
1. No elective official shall serve for more
than 3 consecutive terms
2. Voluntary renunciation of office for any
length of time shall not be considered as
an interruption in the continuity of his
service for the full for which he was
elected.
SECTION 9: SECTORAL REPRESENTATION IN
LGUS
Legislative bodies of the local governments
shall have Sectoral Representation (under
the LGC) as may be provided by law
There should be representatives from:
a. The womens sector
b. The workers
c. Third sector (can choose form any of the
following)
a. Urban poor
b. Indigenous cultural communities
c. Disabled persons
d. Any other sector as may be determined by
the Sanggunian
Election of Sector Representatives
SECTION 10. Creation, abolition and division
of LGUs
1) Requisites
a) Compliance with the requirement of the
local Government Code; and
b) Approved by a majority of the votes cast
in a plebiscite held in the political units
DIRECTLY affected.
2) Thus, if a province is to be divided into 2
separate provinces, plebiscite will include
voters of the ENTIRE province, and not just
the area to comprise the new province.
3) LGC requirement relate to matters such as
POPULATION,
REVENUE,
and
AREA
requirements.
LGC, Section 33
Consolidation and coordination may
be done through appropriate
ORDINANCE.
Consolidation
and Coordination of Efforts,
A PUBLIC
HEARING should be
Services
and Resources
conducted
and theon
approval
the as
A. It is optional
the part of
of LGUs
shown by
the use of the word may
sanggunian
obtained.
can be done for purposes commonly
An B.
LGUIt can:
beneficial
to them
accordance with
Contribute
funds,
real in
estate,
the law.
equipment
and other kinds of
property
Appoint/assign personnel under such
terms and conditions as may be
agreed upon by the participating
Bar Operations 2012: Ace the Bar, Race the Car!
LGUs through MEMORANDA OF
Personal Use Only
101
AGREEMENT.
SECTION 13: Coordination Among LGUs
For Purpose of
1) Administrative decentralization
2) To strengthen local autonomy
3) To accelerate the economic and social
growth and development of the units in
the region
Where:
1) Muslim Mindanao
2) Cordillera region
Factors:
1. Historical heritage
2. Cultural heritage
Creation:
1. Provided BY LAW.
2. EFFECTIVITY of such creation occurs only
when it is approved by a majority of the votes
cast in a plebiscite held among the constituent
units.
3. Only those Provinces, Cities, and Geographical
Areas voting favorably in such plebiscite shall
from part of the autonomous region.
4. If only 1 province approved the law, NO
AUTONOMOUS REGION is created, since the
constitution requires more than one province
to constitute one (like what happened in the
Cordillera plebiscite)
5. The question of which LGUs shall constitute an
autonomous region is one which is exclusively
for Congress to decide.
The President
To ensure that the laws
are faithfully executed.
Examples:
1) Foreign relations,
2) National defense and
Security
3) Monetary Affairs
4.
5.
6.
7.
8.
9.
Limitations:
1. Subject to the provisions of the Constitution
and national laws
2. To be
exercised
within
its
territorial
jurisdiction
ACCOUNTABILITY OF PUBLIC
2. Grounds
(CODE: CT-GOBB)
a) Culpable violation of the Constitution
b) Treason
i.
graft and corruption
ii.
other high crimes or
iii.
betrayal of public trust
iv.
bribery
NOTE: It is an exclusive list. Congress cannot, by
law, add to the list of impeachable offense.
1) These officers cannot be charged in court with
offenses that have removal from office as
penalty.
2) SC Justice cannot be disbarred because this
would disqualify him from his position.
3) BUT AFTER an official has been impeached, he
can be charged with the appropriate offense.
4) Resignation by an impeachable official does
not place him beyond the reach of
impeachment proceedings; he can still be
impeached.
All other Public Officers and Employees
1. They may be removed from office as provided
by law
2. BUT: NOT by impeachment
c)
5.
6.
7.
8.
Judgment of Conviction
This requires the concurrence of 2/3 of all the
Members of the Senate
Effect of the Impeachment
1. Removal from office of the official concerned
2. Disqualification to hold any office under the
Republic of the Philippines
3. Officer still liable to prosecution, trial, and
punishment if the impeachable offense
committed also constitutes a felony or crime.
Section 4: SANDIGANBAYAN
Sandiganbayan = the anti-graft court
Sections 5-6, 8-14: OFFICE OF THE
OMBUDSMAN
Composition:
a) Ombudsman/Tanodbayan
b) Overall deputy
c) At least one Deputy each for Luzon,
Visayas and Mindanao
d) Deputy for military establishment may be
appointed
Qualifications:
(Ombudsman
and
his
deputies)
a) Natural born citizen of the Philippines
b) At least 40 years old at a time of
appointment
c) Of recognized probity and independence
d) Member of the Philippine bar
e) Must not have been candidate for any
elective
office
in
the
immediately
preceding election
For Ombudsman: He must have been for ten
years or more
f) A judge or
g) Engaged in the practice of law in the
Philippines
Disqualifications/Prohibitions (under Article
IX, Section 2)
a) Cannot hold any other office or employment
during his tenure
b) Cannot engage in the practice of any
profession or in the active management or
control of any business which may be affected
by the functions of his office
c) Cannot be financially interested, directly or
indirectly, in any contract with or in any
franchise or privilege granted by the
Government, any of its subdivisions, agencies
or instrumentalities, including GOCCs or their
subsidiaries
Appointment Of Ombudsman and deputies
1) By the president from a list of at least 6
nominees prepared by the Judicial and Bar
Council. Vacancies will be filled from a list of 3
nominees
2) Appointments do NOT require confirmation
3) All vacancies shall be filled within 3 months
after they occur.
Of other officials and employees of the Office of
the Ombudsman
1. By the Ombudsman
2. In accordance with Civil Service Law
Term: (Ombudsman and deputies)
1. 7 years with reappointment
2.
Rank/Salaries:
1. The Ombudsman has the rank of Chairman of
a Constitutional Commission
2. The Members have the rank of members of a
Constitutional Commission
3. Their salaries cannot be decreased during
their term of office.
Powers, Functions and Duties of the Office of the
Ombudsman
1. Investigate on its own, or on complaint by any
person, any act or omission of any public
official, employee, office or agency, when such
act or omission appears to be illegal, unjust,
improper, or inefficient.
a. The SC held that the power to
investigate and prosecute cases
involving
public
officers
and
employees has been transferred to
the Ombudsman.
b. The
Ombudsman
may
always
delegate his power to investigate.
c. The power to investigate includes
the power to impose preventive
suspension.
d. This preventive suspension is not a
penalty.
e. INVESTIGATE does not mean
preliminary investigation
f. The complaint need not be drawn up
in the usual form
g. The ILLEGAL act or omission need
not be in connection with the duties
of the public officer or employee
concerned.
h. ANY illegal act may be investigated
by the Ombudsman. In this regard,
the Ombudsmans jurisdiction is
CONCURRENT with that of the
regular prosecutors.
2.
4.
5.
Request
any
government
agency
for
assistance and information necessary in the
discharge of its responsibilities, and to
examine, if necessary, pertinent records and
documents.
6.
7.
8.
Fiscal Autonomy:
The Office of the Ombudsman enjoys fiscal
autonomy. Its approved annual appropriations
should be automatically and regularly released.
3.
these
Entered
into
by
proper
department, board, committee, or
agent;
must comply with substantive
requirements;
must
comply
with
formal
requirements;
in case entered into by local chief
executive on behalf of LGU, prior
authorization
by
Sanggunian
concerned is needed
Liability of LGUs
3.
4.
Age requirement
POSITION
Governor,
Vice
Governor, Mayor, Vice
Mayor, member of
Sangguniang
Panlungsod in highly
urbanized cities
Mayor, Vice Mayor of
independent
component cities or
municipalities
Member
of
Sangguniang
Panglungsod, Member
of
Sangguniang
Bayan,
Punong
Barangay, Member of
Sangguniang
Barangay
3.
4.
5.
6.
7.
b.
Fails to qualify
Dies
Removed from office
Voluntarily resigns
Permanently
incapacitated
to
discharge the functions of his office
Filling of vacancy
1.
AGE REQUIREMENT
At least 23 years old on
election day
Automatic succession
VACANCY
1. In the office of the
governor, mayor
2. In the office of the
governor,
vicegovernor, mayor or
vice-mayor
SUCCESSOR
Vice-Governor,
ViceMayor
Highest
ranking
Sanggunian member
3.
2.
By appointment
VACANCY
1.
2.
Highest
ranking
sangguniang barangay
member/2nd
highest
ranking
sanggunian
member
Sanggunian
Panlalawigan or
Panlungsod of
highly urbanized
cities and
independent
component cities
Sangguniang
Panlungsod of
Component Cities,
Sangguniang
Bayan
3. Sangguniang
Barangay
APPOINTMENT
BY
WHOM
President, through
Executive Secretary
Governor
City/Municipal Mayor
upon Recommendation
of the Sangunian
barangay concerned
d.
Temporary Vacancy
Appointment of OIC:
The local chief executive can designate
in writing an OIC if he is traveling within
the country but outside his territorial
jurisdiction for a period not exceeding 3
consecutive days.
The OIC cannot exercise the power to
appoint, suspend or dismiss employees.
2. Governor
3. Mayor
RESPONDENT
LOCAL
OFFICIAL
Elective official of a
province,
highly
urbanized
or
independent
component city
Elective official of a
component
city
or
municipality
Elective official of a
barangay
It
should
not
exceed
the
unexpired term of the respondent
or a period of 6 months for every
administrative offense.
an equal protection challenge against the resignto-run provision, wherein it discussed the material
and substantive distinctions between elective and
appointive officials that could well apply to the
doctrine of condonation.
The electorates condonation of the previous
administrative infractions of the reelected official
cannot be extended to that of the reappointed
coterminous employees, the underlying basis of
the rule being to uphold the will of the people
expressed through the ballot. In other words,
there is neither subversion of the sovereign will
nor disenfranchisement of the electorate to speak
of, in the case of reappointed coterminous
employees.
It is the will of the populace, not the whim of one
person who happens to be the appointing
authority, that could extinguish an administrative
liability.
Since
petitioners
hold
appointive
positions, they cannot claim the mandate of the
electorate. The people cannot be charged with
the presumption of full knowledge of the life and
character of each and every probable appointee of
the elective official ahead of the latters actual
reelection.
Moreover,
the
unwarranted
expansion
of
the Pascual doctrine would set a dangerous
precedent as it would, as respondents posit,
provide
civil
servants,
particularly
local
government employees, with blanket immunity
from administrative liability that would spawn and
breed abuse in the bureaucracy. Atty. Vicente E.
Salumbides, Jr., et al. vs. Office of the
Ombudsman, et al., G.R. No. 180917, April 23,
2010
B. Appointive Officials
1.
b.
Case:
But the Provincial Governor is without
authority to designate the petitioner as Assistant
Provincial Treasurer for Administration, because
under 471 of the Local Government Code, it is
the Secretary of Finance who has the power to
appoint Assistant Provincial Treasurers from a list
of recommendees of the Provincial Governor
(Dimaandal vs. Commission on Audit, 291
SCRA 322).
2.
Officials common to all
Municipalities, Cities and Provinces (469490, R.A. 7160)
a. Secretary to the Sanggunian
b. Treasurer
c. Assessor
d. Accountant
e. Budget Officer
f. Planning
and
Development
Coordinator
g. Engineer
h. Health Officer
i. Civil Registrar
j. Administrator
k. Legal Officer
l. Agriculturist
m. Social Welfare and Development
Officer
n. Environment
and
Natural
Resources Officer
o. Architect
p. Information Officer
q. Cooperatives Officer
r. Population Officer
s. Veterinarian
t. General Services Officer
NOTE:
In the barangay, the mandated
appointive officials are the Barangay Secretary
and the Barangay Treasurer, although other
officials of the barangay may be appointed by the
punong barangay.
3. Administrative discipline
Investigation and adjudication of
administrative
complaints
against
appointive
local
officials
and
employees as well as their suspension
and removal shall be in accordance
2. City
3. Legislative
District
4. Municipal
RESPONDENT LOCAL
OFFICIAL
Elective official of a province,
highly urbanized or
independent component city
Elective official of a
component city or municipality
Elective official of a barangay
COMPOSITION
Mayors, vice-mayors,
Sanggunian members of the
municipalities and component
cities
Punong barangay and
Sangguniang barangay
members in the city
Elective municipal/barangay
officials
Punong barangay and
sangguniang barangay
members in the municipality
(2). Procedure
Session in a public place to initiate recall
proceeding
Resolution adopted by a majority of all the
members of the PRA during the session called for
the purpose of initiating recall proceedings
b. By Petition of Registered Voters
1. Petition of at least 25% of the total number of
registered voters in the LGU concerned during
the election in which the local official sought
to be recalled was elected.
2. The written petition for recall should be dully
signed before the election registrar or his
representative and in the presence of the
representatives of the petitioner and the
official sought to be recalled.
3. It should be signed in a public place
4. Petition should be filed with COMELEC through
its office in the LGU concerned
5. Publication of petition for 10-20 days in order
to verify the authenticity and genuineness of
the petition and the required % of voters.
Conduct of Recall Election
The official/s sought to be recalled are
automatically considered as duly registered
candidates.
The
Maura
Law:
was
partly
an
amendment and was the last Spanish
land law promulgated in the Philippines,
Waters
Fisheries;
Forests or timber;
Wildlife;
other
3.
4.
5.
2.
DOCTRINE
DOESN'T
NEGATE
Agricultural;
Forest/timber;
Mineral lands; and
National Parks.
NOTE:
2.
3.
Protection
of
Indigenous
Cultural
Communities
1. The State protects the rights of indigenous
cultural communities to their ancestral lands
A. Subject to Constitutional provisions
B. Subject to national development policies
and programs
2. In determining ownership and extent of
ancestral
domain,
Congress
may
use
customary laws on property rights and
relations.
3. ANCESTRAL DOMAIN
3.
4.
5.
2. GOCCs
They may be created by:
1.
2.
C.
D. Duration of the takeover: period of
emergency
E. Takeover is subject to reasonable terms
and conditions
F. No need for just compensation because it
is only temporary.
CITIZENSHIP AND/OR
EQUITY REQUIREMENTS
a. Filipino citizens; or
i. Corporations
incorporated in RP,
with 60% Filipino
ownership
Operation
of
Public Utilities
1.
2.
Filipino citizens; or
Corporations
incorporated in RP, with
60% Filipino ownership
Acquisition
of
alienable lands of
the
public
domain
1.
2.
Filipino citizens; or
Corporations
incorporated in RP, with
60% Filipino ownership
Former
natural-born
citizens
of
RP,
as
transferees, with certain
legal restrictions; and
Alien heirs as transferees
in case of intestate
succession.
3.
4.
Practice
of
ALL
Mass media
persons)
*But Congress may, by law,
otherwise prescribe
1. Filipino citizens; or
2. Corporations
incorporated in RP, and
100% Filipino owned
Advertising
1.
2.
Filipino citizens; or
Corporations
incorporated in RP, and
70% Filipino owned
Educational
Institution
1.
2.
Filipino citizens; or
Corporations
incorporated in RP, and
60% Filipino owned
Congress
may, by
law,
reserve to Filipino citizens or
to corporations 60% Filipino
owned (or even higher)
4) conciliation proceedings
government.
mediated
by
Agrarian Reform
Goals: Agrarian reform must aim at:
1) efficient production;,
2) a more equitable distribution of land which
recognizes the right of farmers and regular
farm workers, who are landless, to own the
land they till;, and
3) a just share of other or seasonal farm workers
in the fruits of the land.
CARL as an exercise of police power and
power of eminent domain
4) To the extent that the law prescribes retention
limits for landowners, there is an exercise of
police power. But where it becomes necessary
to deprive owners of their land in excess of
the maximum allowed, there is compensable
taking and therefore the exercise of eminent
domain.
Reach of agrarian reform
5) It extends not only to private agricultural
lands, but also to other natural resources,
even including the use and enjoyment of
communal marine and fishing resources and
offshore fishing grounds.
A Summary of United Nations Agreements
on Human Rights
Universal Declaration of Human Rights
The UDHR is the first international statement to
use the term "human rights", and has been
adopted by the Human Rights movement as a
charter. It is short, and worth reading in its
entirety -- a summary would be about as long as
the document itself.
Covenant on Civil and Political Rights
This covenant details the basic civil and political
rights of individuals and nations. Among the rights
of nations are:
JURISPRUDENCE:
Human
Security
Actgranting
adjudicatory and prosecutorial powers to
the CHR re violations of human rights.refer to Section 5- perform such other
functions and duties as may be provided
by law.
People
vs.
Leachon,
1998The
constitutional
requirement
that
the
eviction and demolition be in accordance
with law and conducted in a just and
humane manner does not mean validity or
legality of the demolition or eviction is
hinged on the existence of resettlement
area designated or earmarked by the
government.
B. Proprietary
educational
institutions,
including cooperative:
1) Entitled to exemptions as may be
provided by law, including restrictions
on dividends and re-investment
2) Requires an enabling statute
3) Grants, endowments, donations and
contributions actually, directly and
exclusively
used
for
educational
purposes are exempt from taxes,
subject to conditions prescribed by
law.
Tax Exemptions
A. Non-stock,
non-profit
educational
institutions:
1) All revenues and assets actually,
directly and exclusively (ADE) used for
educational purposes are exempt from
taxes and duties.
2) This is self-executory.
III.
Academic Freedom
A. Educational Institutions
Schools have the freedom to determine:
1) Who may teach;,
2) What may be taught;,
3) How it shall be taught;, and
4) Who may be admitted to study.
B. Faculty members
1) Full freedom in research and in the
publication of the results, subject to
the adequate performance of their
other academic duties.
2) Freedom
in
the
classroom
in
discussing their subjects, but they
should be careful not to introduce into
their teaching controversial matter
which has no relation to their
subjects.
3) When faculty members speak or write
in their capacity as citizens, then they
are free from institutional censorship
or discipline.
C. Students
They have the right to enjoy in school the
guarantees of the Bill of Rights.
D. Limitations
1) Dominant police power of the State
2) State interest of the community
E. Budgetary Priority:
1) Education must be assigned the
highest budgetary priority.
2) BUT: This command is not absolute.
Congress is free to determine what
should be given budgetary priority in
order to enable it to respond to the
imperatives of national interest and
for the attainment of other state
policies or objectives.
TECHNOLOGY,
(5) Provide adult citizens, the disabled, and outof-school youth with training in civics, vocational
efficiency, and other skills.
Section 3. (1) All educational institutions shall
include the study of the Constitution as part of the
curricula.
(2)
They
shall
inculcate
patriotism
and
nationalism, foster lover of humanity, respect for
human rights, appreciation of the role of national
heroes in the historical development of the
country, teach the rights and duties of citizenship,
strengthen ethical and spiritual values, develop
moral
character
and
personal
discipline,
encourage critical and creative thinking, broaden
scientific and technological knowledge, and
promote vocational efficiency.
(3) At the option expressed in writing by the
parents or guardians, religion shall be allowed to
be taught to their children or wards in public
elementary and high schools within the regular
class hours by instructors designated or approved
by the religious authorities of the religion to which
the children or wards belong, without additional
cost to the Government.
Section
4.(1)
The
State
recognizes
the
complementary roles of public and private
institutions in the educational system and shall
exercise reasonable supervision and regulation of
all educational institutions.
(2) Educational institutions, other than those
established by religious groups and mission
boards, shall be owned solely by citizens of the
Philippines or corporations or associations 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.
The control and administration of educational
institutions shall be vested in citizens of the
Philippines.
No educational institution shall be established
exclusively for aliens and no group of aliens shall
comprise more than one-third of the enrollment in
any school. The provisions of this subsection shall
not apply to schools established for foreign
diplomatic personnel and their dependents and,
unless otherwise provided by law, for other
foreign temporary residents.
(3) All revenues and assets of non-stock, nonprofit educational institutions used actually,
directly, and exclusively for educational purposes
shall be exempt from taxes and duties. Upon the
dissolution or cessation of the corporate existence
of such institutions, their assets shall be disposed
of in the manner provided by law.
Proprietary educational institutions, including
those cooperatively owned, may likewise be
entitled to such exemptions subject to the
limitations provided by law including restrictions
on dividends and provisions for reinvestment.
(4) Subject to conditions prescribed by law, all
grants, endowments, donations, or contributions
used actually, directly, and exclusively for
educational purposes shall be exempt from tax.
Section 5. (1) the State shall take into account
regional and sectoral needs and conditions and
shall encourage local planning in the development
of educational policies and programs.
(2) Academic freedom shall be enjoyed in all
institutions of higher learning.
(3) Every citizen has a right to select a profession
or course of study, subject to fair, reasonable, and
equitable admission and academic requirements.
(4) The State shall enhance the right of teachers
to
professional
advancement.
Non-teaching
academic and non-academic personnel shall enjoy
the protection of the State.
(5) The State shall assign the highest budgetary
priority to education and ensure that teaching will
attract and retain its rightful share of the best
available talents through adequate remuneration
and other means of job satisfaction and
fulfillment.
Language
Section 6. The national language of the Philippines
is Filipino. As it evolves, it shall be further
developed and enriched on the basis of existing
Philippine and other languages.
Subject to provisions of law and as the Congress
may deem appropriate, the Government shall take
steps to initiate and sustain the use of Filipino as
a medium of official communication and as
language of instruction in the educational system.
Section 7. For purposes of communication and
instruction, the official languages of the
and,
until
otherwise
ARTICLE XVI
GENERAL PROVISIONS
Section 1-2. Symbols of Nationality
1) FLAG
Red, white, and blue.
ARTICLE XVII
AMENDMENTS OR REVISIONS
DEFINITIONS:
1) AMENDMENT: an alteration of one or a few
specific provisions of the Constitution. Its
Legislative power
1. The power to pass,
repeal
or
amend
ordinary
laws
or
statutes (as opposed
to organic law)
2. It is an ordinary
power of Congress and
of the people, also
through initiative and
referendum.
the
exercise
of
legislative
power
ordinary needs the
approval of the Chief
Executive,
except
when done by people
through initiative and
referendum.
ARTICLE XVIII
TRANSITORY PROVISIONS
Effectivity of the 1987 Constitution
1. The 1987 Constitution took effect immediately
upon its ratification.
2. According to the SC, this took place on
February 2, 1987, which was the day the
people cast their votes
ratifying
the
Constitution.
Military bases agreements
A) Renewals of military bases agreements
must be through a strict treaty.
B) Ratification of the agreement in a
plebiscite
is
necessary
only
when
Congress so requires.
C) Section 25 of Article XVIII allows possible
local deployment of only AMERICAN
forces.
I.
the
normal
III. TREATIES
1) DEFINITION (Art. 2, Vienna Convention
on the Law of Treaties)
A. TREATY is: 1) an international agreement
2) conduct between States
3) in written form
4) governed by international
law
5) embodied in a single
instrument or in 2 or
more related
instruments.
Q: If not in writing, is it still considered a
treaty?
A: Yes, Oral agreements between States are
recognized
as
treaties
under
customary
International law (but are extremely rare
nowadays).
2) DISTINGUISHED
AGREEMENTS
FROM
TREATY
SUBJEC
T
MATTER
[CODE: PCI]
1. Political
issues
2. Changes in
National Policy
3. Involve
international
arrangements
of a permanent
character
RATIF.
BY
SENATE
While
the
Constitution
vest the power
to NEGOTIATE
treaties with the
President, such
must
be
RATIFIED by the
2/3
of
the
Senate
to
become
valid
and
effective
(Art.7, Sec 21)
EXECUTIVE
EXECUTIVE
AGREEMENT
[CODE: TAAI]
a. Have Transitory
effectivity
b. Adjustment of
details carrying
out-well
established
national policies
and traditions
c. Arrangements
of temporary
nature
d.
Implementation of
treaties, statutes,
well-established
policies
Do not need to be
ratified
by the
Senate
RESERVATIONS
This is a unilateral statement made by a State
when signing, ratifying, accepting, approving or
acceding to a treaty, whereby it purports to
exclude or to modify the legal effects of certain
provisions of the treaty in their application to that
State.
Invalidity of treaties: Grounds
1) Error of fact
2) Fraud
3) Corruption
4) Duress
5) Jus cogens
5) TERMINATION OF TREATY
1. Expiration of term;
2. Accomplishment of purpose;
3. Impossibility of performance;
4. Loss of subject matter;
5. Novation;
6. Desistance of parties;
7. Extinction of one of parties, if treaty is
bipartite;
8. Occurrence
of
vital
change
of
circumstances;
9. Outbreak of war; and
10. Voidance of treaty.
Succession to treaties: the Clean State rule
When one state ceases to exist and is succeeded
by another on the same territory, the
Newly independent state is not bound to maintain
in force, or become a party to, any treaty
although it may agree to be bound by treaties
made by its predecessor.
IV. INTERNATIONAL LAW AND MUNICIPAL
LAW
Q:
When
there
is
conflict
between
International law and domestic law, which is
to prevail?
A:
1. International rule: Before an international
tribunal, a state may not pleads its own law as
an excuse for failure to comply with
international law. The state must modify it
laws to ensure fulfillment of its obligations
under the treaty, unless the constitutional
violation is manifest and concerns a rule of
internal law of fundamental importance.
of
they
old
be
E) TERRITORY
1. Methods used in defining the territorial
sea
a. Normal baseline method
Under this method, the territorial
sea is drawn from the low-water
mark of the coast to the breadth
claimed, following its sinuosities
and curvatures but excluding the
internal waters in bays and gulfs.
b.
2.
b.
c.
F) RIGHT OF LEGATION
a.
1.
d.
SOME
INCOMPLETE
SUBJECTS
OF
INTERNATIONAL LAW
1. PROTECTORATES dependent states which
have control over their internal affairs but
whose external affairs are controlled by
another state.
2. FEDERAL STATE union of previously
autonomous entities. The central organ will
have personality in international law, but the
extent of the international personality of the
component entities can be a problem.
3. MANDATED AND TRUST TERRITORIES
territories placed by the League of Nations
under one or other of the victorious allies of
WWI.
3rd
party
actively
participates in the discussion in order to
reconcile
the
conflicting
claims.
Suggestions of mediator are merely
persuasive
e. CONCILIATION 3rd party also actively
participates in order to settle the conflict.
Suggestions of conciliator are also not
binding. As distinguished from mediation
the services of the conciliator were
solicited by the parties in dispute.
f. ARBITRATION process by which the
solution of a dispute is entrusted to an
impartial tribunal usually created by the
parties themselves under a charter known
as the compromise. The proceedings are
essentially judicial and the award is, by
previous agreement, binding on the
parties
HOSTILE/NON-AMICABLE METHODS
1. RETORSION is a lawful act which is
designed to injure the wrongdoing State.
Ex. cutting off economic aid (this is lawful
because there is no legal obligation to provide
economic aid).
2.
3.
4.
5.
6.
Dissent
(original
decision):
Under
the
extradition treaty, the prospective extradites may
be provisionally arrested pending the submission
of the request. Because of this possible
consequence, the evaluation process is akin to an
administrative agency conducting an investigate
proceeding, and partakes of the nature of a
criminal investigation. Thus, the basic due process
rights of notice and hearing are indispensable.
Assuming that the extradition treaty does
not allow for such rights, the Constitutional right
to procedural due process must override treaty
obligations. When there is a conflict between
international law obligations and the Constitution,
the Constitution must prevail.
C. USE OF FORCE
1.
2.
3.
D. CALVO CLAUSE
4.
J. WAR
a. armed contention between public forces of
states or other belligerent communities
implying employment o force between parties
of force between parties for purpose of
imposing their respective demands upon each
other.
b. BASIC PRINCIPLE OF WAR:
1. Principle
of
Military
Necessity
DECLARATION
OF
HUMAN
b.
c.
Right
of
the
peoples
to
selfdetermination (art. 1)
PIL
a) Civil execution
b) War
b) Criminal Punishment
Responsibility
Collective
Individual
Centralized/decentralized Relatively decentralized
Relatively a centralized coercive order
Enforcement
comparatively harder
comparatively easier
3. Sources
Direct Sources:
1) International conventions
2) International customers
Indirect/secondary sources
1) Decisions of Intl. Tribunals
2) Writings and teachings of
qualified publicists
4. Subjects
a. States
b. International Organizations
c. Individuals
5. Diplomatic and Consular Law
6. Treaties
7. Nationality and Statelessness
8. Treatment of Aliens
a. Extradition
(1) Fundamental Principles
Definition
the
most
4. Extradition procedure
The extradition procedure in the requested State
may be one of three types:
Purely administrative;
Purely judicial;
A combination of both judicial and administrative:
this is the most frequent type. In this procedure,
a refusal on the part of the judicial authorities to
grant extradition is binding on the administrative
authorities; on the other hand, if the judicial
authorities give their consent to extradition, the
administrative authorities may - in addition to
purely legal considerations - examine the question
of reciprocity or whether extradition is desirable.
Depending on extradition laws, there are two
kinds of examination:
an examination of the documents submitted with
the extradition request, the purpose of which is to
verify whether the formal conditions for
extradition have been met (this is the system in
'Continental-law' countries);
an examination of the substance of the case, and
of the evidence to determine whether there is
'reasonable and probable cause' (this is the
system in common-law countries).
(2) Procedure
(3) Distinguished from Deportation
1) The following are the differences between
extradition and deportation:
EXTRADITION is effected for the benefit of the
state to which the person being extradited will be
surrendered because he is a fugitive criminal in
that state, while DEPORTATION is effected for the
protection of the State expelling an alien because
his presence is not conducive to the public good.
EXTRADITION is effected on the basis of an
extradition treaty or upon the request of another
state, while DEPORTATION is the unilateral act of
the state expelling an alien.
emergency
situations,
namely
forces
of
standards that
to
manage
Transboundary Damage
Large-scale industrial, agricultural and technical
activities of one country can cause damage to the
environment of another nation or simply cause
detrimental effects to its people at large. Such
damage can be caused through water, soil, and air
and to one or more nations or quite possibly to
the global commons. Such transboundary damage
gives rise to the question of State responsibility
and compensation for damage caused.
State responsibility and international liability for
injurious consequences have been two of the
major issues on the agenda of the International
Law Commission. International treaties of various
numbers have come into existence, pollution of
international waters, long-range air pollution, land
source damage to the ocean and oil pollution to
give a few examples. Most treaties only lay down
preventive methods and norms to be followed by
states and very few lay down firm rules regarding
liability and compensation. Another challenge
posed before Nations is how State liability for
environmental damage caused accidentally and
non accidentally should differ, and, what liability
can be imposed; who decides such liability
compensation; whether or not such liability can be
imposed for damage arising from acts which are
legal and what can make such decisions binding
on States and whether or not such mechanisms
will be of use in the future. What may be effective
in theory may not be effective in practice. Some
believe that more emphasis should be laid on the
preventative factor rather than focusing on who
will take up responsibility.
(HUNGARY
VS.
Held:
(a)
The Court says No. Hungary rests the validity of
its action upon the principle of a state of
necessity. The state says that they had to
abandon the treaty because of economic and
ecological concerns. The Court enumerated the
requirements for the application of such a
principle, to wit:
a. it must have been occasioned by an "essential
interest" of the State which is the author of the
act conflicting with one of its international
obligations
b. that interest must have been threatened by a
"grave and imminent peril"
c. the act being challenged must have been the
"only means" of safeguarding that interest
d. that act must not have "seriously impair[ed] an
essential interest" of the State towards which the
obligation existed
e. the State which is the author of that act must
not have "contributed to the occurrence of the
state of necessity" In this case, the Court held
that there was an essential interest, which is the
environment. But, the court held that the peril to
be caused is not imminent. The future problems
being pointed out by Hungary were not impending
enough to justify their abandonment of the treaty
(ie, problem regarding drinking water was a longterm problem). The Court also pointed out that
there were other means by which Hungary could
have avoided the alleged perils attached to the
continuation of the Gabckovo-Nagymaros System
of Locks
(ie, lessening of the river bed could have been
solved by constant refilling of the bed with
gravel). The
Court also pointed out that Hungary helped in
bringing about the state of necessity by rushing
the projects without fully understanding the
effects it would have in the environment.
(b) The Court says no.
Czechoslovakia rests its claim on what it calls the
"principle of approximate application" to justify
the construction and operation of Variant C. The
(LIECHTENSTEIN
VS.
Visiting
Forces
Agreementprovides
the
"regulatory mechanism" by which "United States
military and civilian personnel [may visit]
temporarily in the Philippines in connection with
activities approved by the Philippine Government."
It contains provisions relative to entry and
departure of American personnel,
driving
and
vehicle
registration,
criminal
jurisdiction, claims, importation and exportation,
movement of vessels and aircraft, as well as the
duration of the agreement and its termination. Its
primary goal is to facilitate the promotion of
optimal cooperation between American and
Philippine military forces in the event of an attack
by a common foe.
Public International Law (Dean Roy): Case Digests
nastacio, Beron, Calinisan, Fernandez, Gana,
Lopez, Mendiola, Morada, Rivas, Sarenas
14) WTO
Fernandez
CASE
(TAADA
VS.
ANGARA)
An
initial
question
was
posed
regarding
jurisdiction. The SC ruled that it has jurisdiction
over the matter since it has the power to
determine whether there was GADLEJ on the part
of the Senate and President. However, the SC will
not review the wisdom of their decisions.
The WTO Agreement is not violative of the
Constitution. The reliance on the priniciple of
economic nationalism espoused in Articles 2(sec
19) and 12(secs 10 and 12) of the Constitution is
misplaced as these are not self-executing
provisions. They do not embody judicially
enforceable constitutional rights but are guidelines
for legislation. These are broad constitutional
principles that need legislative enactments to
implement them. Moreover, while the Constitution
indeed mandates a bias in favor of Filipino goods,
services, labor and enterprises, at the same time,
it recognizes the need for business exchange with
the rest of the world on the bases of equality and
reciprocity and limits protection of Filipino
enterprises only against foreign competition and
trade practices that are unfair. The Constitution
did not intend to promote an isolationist policy. In
addition, the GATT itself has provided built-in
and
development
of
BY
THEM
TO
IN
ADB
THEIR
EMPLOYEES
OFFICIAL
RATIO
Republic of Indonesia vs. Vinzon Fernandez
charter or statute
constitution
1.
2.
3.
4.
Determinative Powers
1. ENABLING powers
Those that PERMIT the doing of an act which
the law undertakes to regulate and would be
unlawful without government approval.
Ex. Issuance of licenses to engage in a
particular business
2. DIRECTING powers
Those that involve the corrective powers of
public
utility
commissions,
powers
of
assessment
under
the
revenue
laws,
reparations under public utility laws, and
awards under workmens compensation laws,
and powers of abstract determination such as
definition-valuation, classification and fact
finding
3. DISPENSING powers
Exemplified by the authority to exempt from
or relax a general prohibition, or authority to
relieve from an affirmative duty. Its difference
from licensing power is that dispensing power
sanctions a deviation from a standard.
4. SUMMARY powers
Those that apply compulsion or force against
person or property to effectuate a legal
purpose without a judicial warrant authorizing
such action; usually without notice and
hearing.
Ex.
Abatement
of
nuisance,
summary
restraint, levy of property of delinquent
taxpayers
5. EQUITABLE powers
LEGISLATIVE
INTERPRETATIVE
1.
Capacity that
administrative agency is
acting in
Legislative
Judicial
2.
What administrative
agency is doing
3.
Requisites
of
a
Valid
Administrative
Regulation
1. Its promulgation must be authorized by the
legislature.
2. It must be within the scope of the authority
given by the legislature.
3. It must be promulgated in accordance with
prescribed procedure.
4. It must be reasonable
1.
2.
3.
2.
LEGISLATIVE
If the rules/rates are meant to apply to all
enterprises of a given kind throughout the
country, no prior notice and hearing is
required.
QUASI-JUDICIAL
If the rules and rates imposed apply
exclusively to a particular party, based upon a
finding of fact, prior notice and hearing is
required.
5.
6.
7.
Requirement of Publication
Administrative
Regulations
that
MUST
be
published:
1. Administrative
regulations
of
GENERAL
application.
2. Administrative regulations which are PENAL in
nature.
3. when the law specifically requires notice and
hearing Administrative regulations that do
NOT NEED to be PUBLISHED:
1. Interpretative regulations
2. Internal rules and regulations governing the
personnel of the administrative agency.
3. Letters of instruction issued by administrative
superiors concerning guidelines to be followed
by their subordinates. (Tanada v. Tuvera)
d.
Reasons:
1. to enable the administrative superiors to
correct the errors committed by their
subordinates.
2. courts should refrain from disturbing the
findings of administrative, bodies in deference
to the doctrine of separation of powers.
3. courts should not be saddled with the review
of administrative cases
4. judicial review of administrative cases is
usually effected through special civil actions
which are available only if there is no other
plain, speedy and adequate remedy
Exceptions
1. when the question raised is purely legal,
involves constitutional questions
2. when the administrative body is in estoppel
3. when act complained of is patently illegal
4. when there is urgent need for judicial
intervention
5. when claim involved is small
6. when irreparable damage is involved
7. when there is no other plain, speedy,
adequate remedy
8. when strong public interest is involved
9. when the subject of controversy is private
land
ADMINISTRATIVE
PROCESS.
PROCEEDINGS;
DUE
DUE
PROCESS;
1.
The right to notice, be it actual or
constructive, of the institution of the proceedings
that may affect a persons legal right;
2.
The right to a reasonable opportunity to
appear and defend his rights and to introduce
witnesses and relevant evidence in his favor;
3.
The right to a tribunal so constituted as to
give him reasonable assurance of honesty and
impartiality,
and
one
of
competent
jurisdiction; and
4.
The right to a finding or decision of that
tribunal supported by substantial evidence
presented at the hearing or at least ascertained in
the records or disclosed to the parties.
Gauged upon the foregoing guidelines, Tolentinos
gripe was unwarranted. He was not denied
procedural due process. The Division had required
him to provide the names of his revisors whose
tasks included the raising of objections, the
claiming votes for him, or the contesting of the
votes in favor of his opponent. He has neither
alleged being deprived of this opportunity, nor
indicated any situation in which his revisors were
denied access to the revision proceedings. He
could not also insist that the COMELEC did not
consider his legal and factual arguments; besides,
he could still raise them in his memorandum
should he chose to. During the revision stage, he
should raise all objections, present his evidence
and witnesses, and file his memorandum before
the
case
would
be
submitted
for
resolution. Mayor Abraham N. Tolentino vs.
Commission on Elections, et al./Vice-Mayor Celso
P. De Castro vs. Commission on Elections, et
al., G.R. Nos. 187958, G.R. No. 187961 &
187962/G.R. No. 187966, G.R. No. 187967 &
187968. April 7, 2010.
REORGANIZATION; GOOD FAITH.
The presidential power to reorganize agencies
and offices in the executive branch of government
is
subject
to
the
condition
that
such
reorganization is carried out in good faith.
If the reorganization is done in good faith, the
abolition of positions, which results in loss of
security of tenure of affected government
employees, would be valid.
In Buklod ng
Kawaning EIIB v. Zamora, we even observed that
there was no such thing as an absolute right to
of
Requisites
of
a
De
Facto
Municipal
Corporation
1. A valid law authorizing incorporation
2. An attempt in good faith to organize under it
3. A colorable compliance with the law
4. An assumption of corporate powers
An attack on Legal Existence
A quo warranto proceeding brought by the State
is the proper remedy. It should be commenced
within 5 years from the time the act complained of
was committed.
Creation of Local Government Units (LGUs)
Plebiscite Requirement
It applies to the creation, division, merger,
abolition or substantial alteration of boundaries of
LGU.
Creation etc. should be approved by a majority of
the votes cast in a plebiscite called for the
purpose in the political unit or units directly
affected.
Beginning of Corporate Existence (14, LGC)
Corporate existence commences upon the election
and qualification of its chief executive and a
majority of members of the Sanggunian unless
Decentralization
It is the devolution of national administration, not
power, to the local levels, in which local official
remain accountable to the central government in
the manner the law may provide.
Levels of Decentralization
1. Administrative Autonomy
a. The central government delegates
administrative powers to the political
subdivisions.
b. Purposes
1. To broaden the local power base
2. To make the units more responsive
and accountable
3. To ensure the full development of
LGUs into self-reliant communities
4. To break the monopoly of the national
government over managing local
affairs
5. To relieve the national government
from the burden of managing local
affairs
2. Political Autonomy
a. Involves the abdication of political power
in favor of LGUs declared to be
autonomous
b. It would amount to self-immolation
because the autonomous government
would
become
accountable
to
its
constituency,
not
to
the
central
government.
Devolution
It refers to the act by which the national
government confers power and authority upon the
various LGUs to perform specific functions and
responsibilities. (17, LGC). It is considered
mandatory under the LGC.
Distinction between Supervision and Control
Supervision
Control
Police Power
Police power is not inherent in municipal
corporations. Under the LGC, LGUs exercise police
power under the general welfare clause (See
16)
Branches of the general welfare clause
1. One branch relates to such ordinances and
regulations as may be necessary to carry into
effect and discharge the powers and duties
conferred upon the municipal council by law.
2. The second branch is more independent of the
specific functions of the council. It authorizes
ordinances as are necessary and proper to
provide for the health and safety promote
prosperity, improve moral, peace, good order
etc.
2.
3.
4.
Taxation
Legislative Power
1.
2.
Municipal Liability
Rule: Local Government units and their officials
are not exempt from liability for death or injury to
persons or damage to property (Sec 24 R.A.
7160)
Doctrine of Implied Municipal Liability
A municipality may become obligated upon an
implied contract to pay the reasonable value of
the benefits accepted or appropriated by it as to
which it has the general power to contract; the
doctrine applies to all cases where money or other
property of a party is received under such
circumstances that the general law, independent
or an express contract, implies an obligation to do
justice with respect to the same (Nachura,
Reviewer in Political Law, p. 499)
AGE REQUIREMENT
At least 23 years old on
election day
Panglungsod, Member
of
Sangguniang
Bayan,
Punong
Barangay, Member of
Sangguniang
Barangay
Disqualifications for Local Elective Officials
( 40)
8. Those sentenced by final judgment for an
offense involving moral turpitude, or for an
offense punishable by 1 year or more or
imprisonment within 2 years after serving
sentence
9. Those removed from office as a result of an
administrative case.
10. Those convicted by final judgment for
violating the oath or allegiance to the Republic
11. Those with dual citizenship
12. Fugitives from justice in criminal or nonpolitical cases here or abroad
13. Permanent residents in a foreign country or
those who have acquired the right to reside
abroad and continue to avail of the same right
after the effectivity of this Code
14. The insane of feeble minded
Term of Office
Vacancies
Permanent vacancy
e. Grounds
8. Elective local official fills a higher
vacant office
9. Refuses to assume office
10. Fails to qualify
11. Dies
12. Removed from office
13. Voluntarily resigns
14. Permanently
incapacitated
to
discharge the functions of his office
f. Filling of vacancy
3. Automatic succession
VACANCY
4. In the office of the
governor, mayor
5. In the office of the
governor,
vicegovernor, mayor or
vice-mayor
SUCCESSOR
Vice-Governor,
ViceMayor
Highest
ranking
Sanggunian member
6.
4.
By appointment
VACANCY
3.
4.
Sanggunian
Panlalawigan or
Panlungsod of
highly urbanized
cities and
independent
component cities
Sangguniang
Panlungsod of
Component Cities,
Sangguniang
Bayan
3. Sangguniang
Barangay
g.
h.
Highest
ranking
sangguniang barangay
member/2nd
highest
ranking
sanggunian
member
APPOINTMENT
BY
WHOM
President, through
Executive Secretary
Governor
City/Municipal Mayor
upon Recommendation
of the Sangunian
barangay concerned
Appointment of OIC:
The local chief executive can designate
in writing an OIC if he is traveling within
the country but outside his territorial
jurisdiction for a period not exceeding 3
consecutive days.
The OIC cannot exercise the power to
appoint, suspend or dismiss employees.
Omnibus Election Code ( 67)
Any elective official, whether national or
local, running for any office other than
the one which he is holding in a
permanent
capacity,
except
for
President and Vice-President, shall be
considered ipso facto resigned from his
office upon filling of his certificate of
candidacy.
2. Governor
3. Mayor
6.
RESPONDENT LOCAL
OFFICIAL
Elective official of a
province,
highly
urbanized
or
independent
component city
Elective official of a
component
city
or
municipality
Elective official of a
barangay
Suspension
Removal
as
result
of
Administrative
Investigation
It serves as a BAR to the candidacy of the
respondent for any elective position.
RECALL ( 69-75)
Recall is the power of the electorate (registered
voters) to remove a local elected official for loss of
confidence through the holding of a special/recall
election.
2. City
3. Legislative
District
RESPONDENT LOCAL
OFFICIAL
Elective official of a province,
highly urbanized or
independent component city
Elective official of a
component city or municipality
Elective official of a barangay
COMPOSITION
Mayors, vice-mayors,
Sanggunian members of the
municipalities and component
cities
Punong barangay and
Sangguniang barangay
members in the city
Elective municipal/barangay
officials
(2). Procedure
Session in a public place to initiate recall
proceeding
Resolution adopted by a majority of all the
members of the PRA during the session called for
the purpose of initiating recall proceedings
b. By Petition of Registered Voters
6. Petition of at least 25% of the total number of
registered voters in the LGU concerned during
the election in which the local official sought
to be recalled was elected.
7. The written petition for recall should be dully
signed before the election registrar or his
representative and in the presence of the
representatives of the petitioner and the
official sought to be recalled.
8. It should be signed in a public place
9. Petition should be filed with COMELEC through
its office in the LGU concerned
10. Publication of petition for 10-20 days in order
to verify the authenticity and genuineness of
the petition and the required % of voters.
Effectivity of Recall
Recall with only be effective upon the election and
proclamation of a successor.
If the official sought to be recalled receives the
highest number of votes, confidence in him is
affirmed and he shall continue in office.
Limitations on Recall
Elective local official can be the subject of a recall
election only once during his term of office
seeking
officials
who
exploit
government
processes to raise easy money. Respondents hold
on his item at the Mandaue City revenue office,
which, like our customs offices, is a common situs
for corrupt activities, is no more lasting than his
fidelity to his trust. Although no criminal verdict
deprives respondent of his liberty, adequate
evidence
justifies
his
removal
from
the
bureaucracy for forfeiting the public trust. Hon.
Primo C. Miro, etc. vs. Reynaldo M. Dosono, G.R.
No. 170697, April 30, 2010.
Essential elements
1. Created by Constitution or by law or by some
body or agency which the power to create the
office has been delegated (enabling law)
2. Invested with authority to exercise some
portion of the sovereign power of the State
3. Powers/Functions defined by the Constitution,
law, or through legislative authority
4. Duties are performed independently without
control unless those of a subordinate
5. Continuing / permanent in nature
Distinctions
Public Official is an officer of the Government
itself, as distinguished from the officers and
employees of instrumentalities of government.
Officer is dignity from an employee in the greater
importance, dignity and independence of his
position, being required to take an official oath,
and perhaps give an official bond and in the
liability to be called to account as a public
offender for misfeasance or nonfeasance in office.
rights
and
of
2. Formal qualifications:
1. citizenship,
2. age,
3. suffrage,
4. residence,
5. education,
6. ability to read and write,
7. political affiliation,
8. civil service examination
3. Disqualifications
The following are grounds for disqualifications to
hold public office:
1. mental or physical incapacity,
2. misconduct or crime,
3. impeachment,
4. removal or suspension from office,
5. previous tenure of office,
6. consecutive terms,
7. holding more than one office,
8. relationship with the appointing power,
9. office newly created or the emoluments of
which have been increased,
10. being an elective official,
11. having been a candidate for any elective
position, and
12. grounds under the local government code.
In
the
absence
of
constitutional
inhibition, Congress has the same right
to provide disqualifications that it has to
provide qualifications for office.
When the constitution has attached a
disqualification to the holding of any
office, Congress cannot remove it under
power to prescribe qualifications as to
such offices as it may create.
Presumption is in favor of eligibility.
The
qualifications
are
continuing
requirements and must be possessed
not only at the time of appointment or
election or assumption of office but
during the officers entire tenure.
Designation
is
simply
the
mere
imposition of new or additional duties
upon an officer to be performed by him
in a special manner. It presupposes that
the officer is already in the service by
virtue of an earlier appointment,
performing other functions.
5. Vacancy
Causes
of
vacancy
are
death,
permanent disability, removal from
office or resignation of the incumbent,
expiration of term, conviction of a crime,
impeachment conviction, acceptance of
incompatible office, creation of a new
office, reaching the age limit, and recall.
2. De Jure Officers
A de jure officer is one who has the lawful right to
the office in all respects, but who has either been
ousted from it, or who has never actually taken
possession of it. When the officer de jure is also
the officer de facto, the lawful title and possession
are united.
Usurper is one who takes possession of
the office and undertakes to act officially without
any color of right or authority, either actual or
apparent.
3. Effects of Acts of De Facto Officers
1. The lawful acts of an officer de facto, so
far as the rights of third persons are
concerned are, if done within the scope
and by the apparent authority of the
office, considered valid and binding as if
he were the officer legally elected and
qualified for the office and in full
possession thereof.
2. The de facto officer cannot benefit from
his own status because public policy
demands that unlawful assumption of
public office be discouraged. Thus, as a
general rule, the de facto officer cannot
claim a salary and other compensations
for services rendered by him as such.
However, there is authority to the effect
that the de facto officer may retain
salaries collected by him for services
rendered in good faith where there is no
de jure officer claiming the office.
3. The de facto officer is subject to the
same liabilities imposed on the de jure
officer in the discharge of official duties,
in addition to whatever special damages
may be due from him because of his
unlawful assumption of office.
4. How to challenge a de facto officer:
The incumbency of a de facto officer may not be
challenged collaterally or in action to which he is
not a party. The challenge must be made in a
direct proceeding where title to the office will be
the principal issue. The authorized proceeding is
quo warranto either by the Solicitor General in the
name of the Republic or by any person claiming
title to the office.
Undersecretary,
Asst.
Secretary, Bureau Director, Asst. Bureau
Director, Regional Director, Asst. Regional
Director, Chief of Dept. Service, and other
officers of equivalent rank as may be
identified by the Career Executive Service
Board, all of whom are appointed by the
President;
4. Career officers, other than those in
the Career Executive Service, who are
appointed by the President, such as the
Foreign Service Officers in the DFA;
5. Commissioned officers and enlisted
men in the Armed Forces, which shall
maintain a separate merit system;
6. Personnel
of
GOCCs,
whether
performing governmental or proprietary
functions, who do not fall under the noncareer service; and
7.
Non-Career Service
The Non-Career Service is characterized by:
1. Entrance on bases other than those of
usual tests of merit and fitness utilized for
the career service; and
2. Tenure which is limited to a period
specified by law, or which is co-terminous
with that of the appointing authority or
subject to his pleasure, or which is limited
to the duration of a particular project for
which purpose employment was made.
The Non-Career Service includes:
1. Elective officials and their personal or
confidential staff;
2. Department Heads and other officials of
Cabinet rank who holds the positions at
the pleasure of the President and their
personal or confidential staff;
3. Chairman
and
members
of
commissions and boards with fixed
terms of office and their personal or
confidential staff;
4. Contractual personnel or those whose
employment in the government is in
accordance with a special contract to
undertake a specific work or job, requiring
special or technical skills not available in
the employing agency, to be accomplished
within a specific period, which in no case
shall exceed one year, and performs or
accomplishes the specific work or job,
under
his
own
responsibility
with
minimum of direction and supervision
from the hiring agency; and
5. Emergency and seasonal personnel.
3. Appointments
Appointments in the Civil Service may either be
permanent or temporary;
1. Permanent issued to a person who meets
all the requirements for the position to which
he is being appointed, including the
appropriate
eligibility
prescribed,
in
accordance with the provisions of the laws,
rules,
and
standards
promulgated
in
pursuance thereof.
2. Temporary issued in the absence of
appropriate eligible when necessary in the
public interest to fill a vacancy to a person
who meets all the requirements for the
position to which he is being appointed,
except the appropriate civil service eligibility.
Temporary appointments shall not exceed 12
TERMINATION
OF
OFFICIAL
Natural Causes
1. Expiration of the term or tenure of office
2. Reaching the age limit (retirement)
3. Death or permanent disability
Acts / Neglect of Officer
1. Resignation
2. Acceptance of an incompatible office
3. Abandonment of Office
4. Prescription of Right to Office
Acts of the Government or People
1. Removal
2. Impeachment
3. Abolition of Office
4. Conviction of a crime
5. Recall
ELECTION LAW
Listing of votes
Holding of Electoral campaign
Act of casting and receiving the ballots
from the voters
Counting the ballots
Making the election returns
Proclaiming the winning candidates
Force majeure
Violence
Terrorism
Fraud
Political Parties
Definition (Omnibus Election Code) An
organized group of persons pursuing the same
ideology, political ideas or performs of government
including its branches and divisions.
Types of Political Parties
1) Registered Parties:
a. Dominant Majority Party usually the
administration party; entitled to a copy of
election return.
b. Dominant Minority Party entitled to a
copy of election return
c. Majority Political Party
d. Top 3 Political Parties entitled to appoint
principal watcher and a copy of the
certificate of canvass
e. Bottom 3 political parties entitled to
appoint principal watcher
2) Non-registered parties
Criteria to Determine the Type of Political
Party
a. Established Record of the said parties,
showing in past elections
b. Number of Incumbent Elective Officials
c. Identifiable political organizations and
strengths
d. Ability to fill a complete slate of
candidates
e. Other analogous circumstances
Acquisition of Juridical Personality
It is acquired upon registration with the COMELEC.
NOTE: No religious sect shall be registered as a
political party.
No political party which seeks to achieve its goal
through violence shall be entitled to accreditation.
Forfeiture of Status as Registered Political
Party
The status shall be deemed forfeiture if the
political party, singly or in coalition with others,
fails to obtain at least 10% of the votes cast in
cast in the constituency in which it nominated and
supported a candidate/s in the election next
following its registration. There shall be notice and
hearing.
Grounds
for
refusing
or
canceling
registration of Party-Lists groups
a. Religious sect or denomination, organization
b. Advocates violence
c. Foreign party of organization
d. Receives foreign support
e. Violates election law
f. Untruthful statements in its petition
g. Ceased to exist for at least one year
h. Failed to participate in the last two preceding
elections or fails to obtain at least 2% of the
votes cast under the party-list system in the 2
preceding elections for the constituency in
which it has registered
Nomination of party-list reps should not include
any candidate for any elective office or a person
who has lost his bid for an elective office in the
immediately preceding election
Incumbent sectoral representatives in the House
of Representatives who are nominated in the
party-list system shall not be considered resigned
Party-list Reps constitute 20% of the total number
of the members of the House of Reps including
those under the party-list
Q: How do we determine the number of
party-list seats in the House of Reps?
(# of District Reps / o.80) x 0.20 = # of party list
reps
Citizenship
Age
Literacy
Voter
Presidency
President/
VP
Senator
Natural-born
40
Registered
Natural-born
35
District
Reps
Party-List
Reps
Local
officials
Natural-born
25
Natural-born
Read
and
Write
Read
and
Write
Read
and
Write
Read
and
Write
Read
and
Write
Filipino
or
local dialect
ARMM
Governor
ARMM
Legislator
Natural-born
35
Natural-born
21
Read
Write
Read
Write
Citizen
Certificates of Candidacy
and
and
Registered
District
Registered
in
10 in the
Philippines
2 in the
Philippines
1 in District
Registered
locality
in
1 in
Philippines
1 in locality
Registered
ARMM
Registered
District
in
5 in ARMM
in
5 in Districts
Registered
3.
4.
Nuisance candidates
A. The term refers to candidates who have no
bona fide intention to run for the office for
which the certificate of candidacy has been
filed and would thus prevent a faithful
determination of the true will of the people.
B. Power of COMELEC
1.
2.
6.
7.
8.
9.
Residence
A. He/she should have resided in the
Philippines for one year and
B. Resided in the city/municipality wherein
he proposes to vote for at least 6 months
immediately preceding the election
Residence Requirement
If the transfer of residence is due to any of the
following reasons, the person concerned will be
deemed NOT to have lost his original residence:
A. Transfer solely because of occupation,
profession, employment in private or
public service
B. Educational activities
C. Work in military or naval reservations
D. Service in the army, navy or air force,
national police force
E. Confinement/detention
in
government
institutions in accordance with law
NOTE: Residence is equal to domicile. Hence, a
person may be physically absent from his
residence for a short, or even long period of time,
due to work, studies, etc., but as long as he has
the INTENT TO RETURN to his place of residence,
and corollary to this, NO INTENT TO SETTLE in the
place where he is physically present, he/she is still
a resident in his original domicile (see Imelda
Marcos case).
5.
4.
5.
6.
7.
8.
9.
Deactivation/Reactivation
Exclusion/ Inclusion
Cancellation of Registration in case of
Death
New voters
Annulment of Book of Voters
Transfer of Residence
Pre-Proclamation Controversies
A.
B.
C.
Recount
There can be a recount under the grounds of 234236. The returns involved will affect the results
and the integrity of the ballot box has been
preserved
Issues that may be raised in a preproclamation controversy
A. Illegal composition or proceedings of the
board of canvassers
B. The
canvassed
election
returns
are
incomplete, contain material defects, appear
to be tampered with or falsified, or contain
discrepancies in the same returns or in
authentic copies thereof.
C. The election returns were prepared under
duress, threats, coercion, or intimidation, or
they are obviously manufactured, or not
authentic.
D. When substitute or fraudulent returns in
controverted polling places were canvassed,
the results of which materially affected the
standing of the aggrieved candidate/s.
Procedure
A. Contested composition or proceedings of the
board (under RA 7166)
It may be initiated in the board or directly
with COMELEC.
B. Contested election returns (under RA 7166)
Matters
relating
to
the
preparation, transmission, receipt, custody
and appreciation of the election returns, and
certificate of canvass, should be brought in
the first instance before the board of
canvassers only.
Summary
nature
or
pre-proclamation
controversy
A. Pre-proclamation controversies shall be
heard summarily by the COMELEC.
B. Its decision shall be executory after the lapse
of 5 days from receipt by the losing party of
the decision, unless restrained by the SC.
Effect of filling petition to annual or suspend
proclamation
It suspends the running of the period within which
to file an election protest or quo warranto
proceeding.
President
Vice-President
Senator
Election Contest
Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over contest
relating
to
the
elections,
returns,
and
qualifications of all elective:
Regional
Provincial
City officials
Appellate Jurisdiction
COMELEC has APPELLATE jurisdiction over all
contests involving:
A. Elective MUNICIPAL officials decided by
trial courts of GENERAL jurisdiction
B. Elective BARANGAY officials decided by
trial courts of LIMITED jurisdiction
the
4.
3.
Coercion of a subordinate
A. Who can be held liable
1. public officer
2. officer
of
a
public/private
corporation/association
3. heads/superior/administrator of any
religious organization
4. employer/landowner
B. Prohibited acts
1. Coercing, intimidating or compelling or
influencing, in any manner, any
subordinates, members, parishioners
or employers or house helpers,
tenants, overseers, farm helpers,
tillers or lease holders to aid,
campaign or vote for or against a
candidate
or
aspirant
for
the
nomination or selection of candidates.
2. Dismissing or threatening to dismiss,
punishing or threatening to punish by
reducing
salary,
wage
or
compensation
or
by
demotion,
transfer, suspension etc.
Appointment of new employees, creation of
new position, promotion or giving salary
increases
A. Who
can
be
held
liable:
Any
head/official/appointing
officer
of
a
government office, agency or instrumentality,
whether national or local, including GOCCs.
B. Prohibited acts
1. Appointing or hiring a new employee
(provisional, temporary or casual)
2. Creating or filling any new position
3. Promoting/giving an increase in salary,
remuneration or privilege to any government
official or employee.
ELECTION
PROTEST
QUO
WARRANTO
F.
PREPROCLAMATION
CONTROVERSY
ANNULMENT
OF
PROCLAMATIO
ELECTION
OFFENSE
GROUNDS
VENUE
Fraud
and
irregularities in
casting,
counting
of
votes,
and
election
incidents
1.
President
and
VP: Presidential
Electoral
Tribunal
President and
VP:
Presidential
Electoral
Tribunal
Senators:
Senate Electoral
Tribunal
Representatives
: House of Rep.
Electoral
Tribunal
Regional/
Provincial/City:
Comelec
Municipal: RTC
2.
Disciplinary
to the
Republic
Ineligibility
Illegal composition
and proceedings of
the
Board
of
Canvassers
Irregularities
in
preparation,
transmission,
receipt,
custody,
and appreciation of
election
returns
and certificates of
canvass
Senators:
Senate
Electoral
Tribunal
Re:
Board
of
Canvassers:
with
Board
or
with
Comelec
Re: Election
Returns:
Board
Canvassers
Proclamation
based
on
irregular
and
illegal
canvass
whether in the
election returns,
certificate
of
canvass,
proceedings
Comelec
Comelec
Law
Dept.
for
preliminary
investigatio
n,
then
Courts
for
prosecution
Proclamation
annulled
Respondent
penalized
with
fine,
Imprisonme
nt
disqualificati
on to hold
public office
or
deprivation
of right to
vote
with
of
Representative
s: House of
Rep. Electoral
Tribunal
Regional/Provi
ncial/City:
Comelec
Municipal RTC
EFFECT
IF
CASE
PROSPERS
Incumbentprotestee
removed
from
office
If
protestant
gains
highest
number, he/she
is proclaimed
Incumbentrespondent
dislodged
Petitioner does
not
assume
the petition
Follow
the
rules
on
succession of
officers
or
Filling suspends
the running of
the period within
which
to
file
election protest
or quo warranto
PETITIONER
Any
candidate
for the position
PERIOD
Within 10 days
from
proclamation
Any candidate
political party
Within 10 days
from
proclamation
ELECTION
PROTEST
QUO
WARRANTO
REQts
Filed
by
candidate
within period
protestee
proclaimed
payment
of
filing
fee
allegations of
fraud
certification
against forum
shopping
Filed by voter
within period
grounds
position
contested
PROCEDURE
Revision
Trial
Trial
EVIDENCE
Ballots
Election
returns
Minutes
Documentary
and
Testimonial
Evidence
Documentary
and
Testimonial
Evidence
or
Any candidate or
political party
Any voter
Upon convening of
Board
When
election
return
presented
Within 10 days
from
proclamation
Within
5
years from
commission
PREPROCLAMATION
CONTROVERSY
Filed by candidate
or political party
ANNULMENT OF
PROCLAMATION
ELECTION
OFFENSE
Filed by candidate
or political party
within period
Complaintaffidavit
Trial
Summary
proceedings
Documentary and
testimonial
evidence
Election returns
Documentary and
testimonial
evidence
Affidavits
Documentary
and
testimonial
Evidence
LAW ON NEUTRALITY
RULES
GOVERNING
NEUTRALITY
AND
BELLIGERENCY (Hague Convention V):
The territory of the neutral powers is
inviolable.
Belligerents are forbidden to move troops
or munitions of war and supplies across the
territory of a neutral power.
A neutral power is forbidden to allow
belligerents to use its territory for moving
troops,
establishing
communication
facilities or forming corps of combatants.
CASE:
The Republic of Nicaragua v. The USA
(Case Concerning the Military and
Paramilitary Activities in and
against Nicaragua)
(June 27, 1986, ICJ)
Facts:
Arguments Nicaragua:
Reparations
Arguments USA:
Right to self-defence;
to the content of the CIL related to the nonuse of force and non-intervention.
But, the fact that States declare their
recognition of certain rules is not
sufficient for the Court to consider these
as being part of CIL and as applicable as
such to those States. The Court must not
disregard the role played by general practice.
The Court must satisfy itself that the existence
of the rule in the opinio juris of States is
confirm by practice.
Thus, the Court held that the attitude of the
parties and States towards certains
General Assembly Resolutions could be
indicative of opinio juris. As regards the US
in particular, the weight of an expression of
opinio juris can similarly be attached to its
support of the resolution of the Sixth
International Conference of American States
condemning aggressio and ratification of the
Montevideo Convention on Rights and Duties of
States.
If there is enough evidence of state practice,
opinio juris is not always necessary, and
usually if it does exist, courts use it only to
confirm the existence of state practice as
indicative of customary law.
But, where there is little evidence of state
practice, court will make up for that with
greater evidence of opinio juris and vice versa.
Party Agreement;
Defence
Party Agreement;
UN Charter Article 51;
General Assembly Resolution 2625 (XXV);
General Assembly Resolution 3314 (XXIX);
Charter of Organisations of American
States;
International
Treaty
of
Reciprocal
Assistance 1947.
3. Non-intervention
Resolutions:
ARCHIPELAGIC
DOCTRINE/THEORY:
a
doctrine/theory which considers groups of islands
which are so closely interrelated and their
interconnecting waters as one geographical unit. It
allows an archipelagic State to draw straight
archipelagic baselines joining the outermost points
of the outermost islands and drying reefs of the
archipelago.
The waters
enclosed by the
archipelagic baselines shall become archipelagic
waters regardless of their depth or distance from
the coast, and within these archipelagic waters,
the archipelagic State may draw closing lines for
the delimitation of its internal waters. (Arts. 46-47,
50, UNCLOS)
The doctrine is reflected in the Article I of
the 1987 Philippine Constitution; thus, "the
national
territory
comprises
the
Philippine
archipelago, with all the islands and waters
embraced therein, and the waters around,
between, and connecting the islands of the
archipelago, regardless of their breadth and
dimension, from part of the internal waters of the
Philippines."
STRAIGHT
ARCHIPELAGIC
BASELINES:
baselines which join the outermost points of the
outermost islands and drying reefs of the
archipelago, provided that within such baselines
are included the main islands and an area in which
the ratio of the area of the water to the area of the
land, including atolls in between 1 to 1 and 9 to 1.
These baselines shall not exceed 100 nautical
miles. As an exception, an archipelagic state is
allowed to have 3% of its total number of baselines
in excess of that length, but only up to a maximum
of 125 nautical miles.
e. CONTIGUOUS ZONE
DEFINITION/BREADTH:
a
maritime
zone
adjacent to the territorial sea, which extends
beyond 24 nautical miles from the same baseline
which the breath of territorial sea is measured,
where the coastal state may exercise certain
protective jurisdiction. A state could continue to
enforce laws in four specific areas: pollution,
taxation, customs, and immigration.
f. EXCLUSIVE ECONOMIC ZONE (EEZ)
DEFINITION/BREADTH: an area beyond and
adjacent to the territorial sea and the contiguous
zone, not extending beyond 200 nautical miles
from the same baselines from which the territorial
sea and the contiguous zone is measured, in which
the costal state has sovereign rights for the
purpose of exploring and exploiting, conserving,
and managing the natural resources, as well as
with regard to other activities for economic
exploitation and exploration of the zone, and which
it has jurisdiction with regard to artificial islands,
environmental protection and marine scientific
research.
RIGHTS OF COASTAL STATES OVER EEZ:
1. Sovereign Right:
for the purpose of exploring and exploiting,
conserving and managing the natural
resources, whether living or not living, of
the waters superjacent to the seabed and
the seabed and its subsoil;
with regard to other activities for the
economic exploitation and exploration of
the zone, such as the production of energy
from the water, currents and winds.
2. Jurisdictional Right:
establishment and use of artificial islands,
installations and structures;
marine scientific research;
protection and preservation of the marine
environment.
PRIMARY RESPONSIBILITIES OF COASTAL
STATES OVER EEZ:
the
duty
to
ensure
through
proper
conservation and management measures that
the living resources of the EEZ are not
endangered by over exploitation; particularly:
to determine the allowable catch of the
living resources;
g. CONTINENTAL SHELF
DEFINITION: the natural prolongation of the land
territory to the continental margins outer edge, or
200 nautical miles from the coastal states
baseline, whichever is greater. A states continental
shelf may exceed 200 nautical miles until the
natural prolongation ends. However, it may never
exceed 350 nautical miles from the baseline; or it
may never exceed 100 nautical miles beyond the
2,500 meter isobath (the line connecting the depth
of 2,500 meters).
Continental Shelf does not form part of the
territory of the coastal state.
RIGHTS OVER THE CONTINENTAL SHELF:
Coastal states have the right to harvest mineral
and non-living material in the subsoil of its
continental shelf, to the exclusion of others.
Coastal states also have exclusive control over
living resources "attached" to the continental shelf,
but not to creatures living in the water column
beyond the exclusive economic zone.
EXTENDED CONTINENTAL SHELF: x x x x x
h. INTERNATIONAL TRIBUNAL FOR THE LAW
OF THE SEA
ESTABLISHMENT: by the 1982 United Nations
Convention on the Law of the Sea (UNCLOS)
(Annex VI)
COMPOSITION:
It is composed of 21 "independent members
elected from among the persons enjoying the
highest reputation for fairness and integrity
and of recognized competence in the field of
the law of the sea."
UK v. Norway
(Anglo-Norwegian Fisheries Case)
(December 18, 1951, ICJ)
Facts:
By
a
Special
Agreement,
the
British
government instituted this action against
Albania in the ICJ, demanding compensation
for damage to its ships and for the loss of
lives.
Arguments - Britain:
Issue:
Should Albania be held responsible for the damage
and injury suffered by the British warships?
Judgment:
of the natural
civilization".
world
and
those
of
L. INTERNATIONAL
ENVIRONMENTAL LAW
DEFINITION: the branch of public international
law comprising "those substantive, procedural and
institutional rules which have as their primary
objective the protection of the environment", the
term
environment
being
understood
as
encompassing "both the features and the products
human
CBDS