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CONSTITUTIONAL LAW
A. NATIONAL TERRITORY
1. Philippine Archipelago
a. An archipelagic state consists of a group of islands which constitute one state and
the waters around. between and connecting the islands form part of its intemal
waters irrespective of their breadth and dimensions.
b. The archipelagic waters are subject to the fight of innocent passage and sea lanes
passage.
2. Other Tem'tory
b. The Scarborough shoal and five other reefs are rocks and do not entitle the
Philippines to claim them as part of its exclusive economic zone or continental
shelf. (South China Sea Arbitration, P.C.A., Case No. 2013-19.)
3. Man'time Zone
3. The maritime zone is twelve nautical miles measured from the low water line along
the coast.
b. An archipelagic state may draw straight baselines. but the length of the baselines
should not exceed 100 nautical miles except that up to 3 percent of the total
number of the baselines may exceed the length up to a maximum length of 125
miles.
c. The drawing of the baselines should not depart appreciably from the general
configurations of the archipelago.
4. Contiguous Zone
a. The contiguous zone is a maritime zone adjacent to the tem‘ton’al sea of coastal
states, which may exercise the power of control necessary.
5. Continental Shelf
1. The continental shelf of a coastal state consists of the sea-bed and subsoil of the
subman’ne area that extend beyond the territorial sea infringement throughout
natural prolongation of its land tern'tory up to the outer edge of the continental
margin or a distance of 200 nautical miles from the baselines of the territorial sea.
2. The coastal state has exclusive rights to explore the continental shelf and exploit
its mineral and other non-living resources.
6. Exclusive Economic-Zone
1. The exclusive economic zone is an area adjacent to the territorial sea with a
breadth not exceeding 200 nautical miles from the baseline.
2. The coastal state has sovereign n‘ghts for the purpose of exploring. exploiting.
conserving and managing the natural resources. whether living or non-living, of the
waters adjacent to the seabed and of the seabed, and its subsoil, with regard to
other activities for economic exploitation, such as the production of energy from
the water currents and winds.
1. As a rule, the provisions of Article II are not self-executory but are merely
gurd‘elines for legislation. (Tanada v. Angara. 272 SCRA 18)
2. Since Section 2 makes the generally accepted principles of intemational law part
of the law of the land. the Convention for the Protection of all persons from
enforced disappearance is binding upon the Philippines even if the Philippines has
not signed and ratified rt‘. (Razon, Jr. v. Tagitis, 606 SCRA 598)
3. Since under intematio'nal law treaty obligations must be complied with in good
faith, a taxpayer can avail himself of the preferential tax rates in a tax treaty wrt'hout
the need of complying with an administrative regulation to apply for tax relief. (CBK
Power Company-Limited v. Commissioner of Internal Revenue, 746 SCRA 93)
4. A child whose parents are unknown shall have the nationality of the country of
birth. A foundling is presumed to have been form in the State where it was found
until the contrary is proved. (Article 19 of the Hague Convention on Questions
Relating to Conflict of Nationality Laws); A foundling is presumed to have been
born of Citizens in the country where it was found. (Article 2 of United Nations
Convention on Reduction of Statelessness.
5. Since what Section 12 of Article ll protects is the life of the unborn, what it prohibits
is abortion and not contraception. Life begins upon fertilization of the ovum. The
fertilized ovum must be protected even if it has not yet been implanted in the womb
of the mother. Contraception prevents the union of the sperm and the ovum and
is permissible. (lmbong v. Ochoa, Jr., 721 SCRA 146)
6. Section 15, Article II, which requires the protection and prevention of the fight to
health of people is seif-executory. (lmbong v. Ochoa, Jr., 721 SCRA 146)
7. Section 1 of Article XVI, which requires the State to protect consumers from trade
malpractices and substandard or hazardous products is seif-executory. (lmbong
v. Ochoa, Jr., 721 SCRA 146)
8. Section 16 of Article II, which requires the protection of the n'ght to a balanced and
healthful ecology is self-executory because of the n‘ght to health of the people.
(Oposa v. Factoran, 224 SCRA 792)
C. BILL OF RIGHTS
1. Due Process
/a.The marijuana leaves disco'vered when the forwarder to whom the packages
containing them opened the packages and turned them over to the Nationa'l
Bureau of Investigation are admissible' in evrd’ence because the forwarder was
a pnva‘te person. (People v. Marti. 193 SCRA 57)
b. An obese airline employee who was dismissed for refusal to loose werght’.
because he would not be able to help the passengers in case of emergency
cannot claim that his dismissal vro'lated his ng'ht to equal protection (Yrasuegi
v. Philippine" Airlines. Inc.. 569 SCRA 467)
2. Protected Property
3. Exclusions
8. Valid
‘b. Cybercrime
a. invalid
b. Valid
a. Penalizing identity theft
b. Allowing spam
6. Police Power
iii. Students who want to enroll for medicine can be required to take a
qualifying test to ensure their aptitude for the course. (Tablarin v.
Gutierrez, 132 SCRA 730)
iv. A law requin'ng a 20% discount for senior citizens in the purchase of
medicines which can be claimed as a tax deduction to promote the
common good is valid. (Carlos Superdrug Corporation v. Department of
Social Welfare and Development. 526 SCRA 130)
i. Stn'ct Scrutiny
The government interest involved must not merely be substantial but must be
compelling. (Kabataaan Party-List v. Commission on Elections, GR. No.
221318, December 06, 2015). The presumption of constitutionality is reversed,
and the burden is upon the government to prove that the law is constitutional.
(Garcia v. Drilon, 699 SCRA 351 ). If the restriction is content based, there must
be a clear and present danger. The publication of the conversation between a
candidate and a high-ranking officer of the Commission on Elections cannot be
/penalized for Violation of the Anti-Wire Tapping Law, because it' does not
endanger national security (Chavez v Gonzales. 545 SCRA 441)
Since gays and lesbians have been the target of discn'minatio‘n due to their'
sexual on‘entatio'n and their sexual on‘entatio'n has no relation to their ability to
contn'bute to soae‘ty, they are entitled to constitutional protection.
The rational basis test requires only that the purpose of a legislative or
executive act not be arbitrary and be reasonably related to the purpose. It is
applied to economic or social welfare legislation. it is not applied' if the law does
not burden a fundamental fight or target a suspect class. (Biraogo v. Philippine
Tmth Commission. 637 SCRA 78)
The law prohibiting managen’al employees from joining or fon'ning a labor union
is valid to avoid conflict of interest. (Martinez v. National Law Relations
Commission, 297 SCRA 643)
7. Vagueness
Due process does not require that every word used in a penal law be defined. It
is sufficient if' the legislative intention is clear or can be gathered from the whole
statute.
The undefined words should be interpreted according to their natural and ordinary
meaning unless the legislature intended a technical or special legal meaning.
(Estrada v. Sandiganbayan, 369 SCRA 394)
8. Overbreadth
A law is void for overbreadth when it' offends the constitutional pnnCi'ple that a
governmental purpose to control or prevent activrt'ies constitutionally subiea' to
state regulation by means which sweep unnecessarily broadly and thereby invade
the area of protected freedom. (Adio'ng v. Commissmn on Elections, 287 SCRA
715)
When the Commission on Elections. which was authorized by the Constitution to
regulate political advertisements in the mass media to ensure equal opportunity to
the candidates. prohibited owners of motor vehicles from posting stickers to their
motor vehicles to indicate their support for certain candidates. the prohibition is
vord' for overbreadth. because it swept broadly unnecessarily and invaded an area
of protected speech (Adiong v. Commission on Elections, 207 SCRA 705)
The prohibition in the Fair Election Act against publication of election survey results
within 15 days before a national election and 7 days before a local election should
be invalidated because of overbreadth. The Commission on Elections was only
authon'zed to secure equal opportunity among candidates. (Adlong v. Commission"
on Elections. 207 SCRA 705)
An ordinance prohibiting letting out a room in hotels. motels, lodging houses, and
pension houses for less than 12 hours on the assumption that they are being used
for prostitution is ovebroad. The ordinance prescribes legitimate activities, like
washing up and resting between long trips for a legitimate purpose. Families may
choose to pass the time in the motel while power is momentan’ly out in their house.
Curbing the proliferation of prostitutes and drug pushers through active police work
can be more effective. 30 would the strict enforcement of laws penalizing
prostitution and drug use. (White Light Corporation v. City of Manila, 576 SCRA
416)
. Publication
l. The filing of a motion for reconsideration cures the poor denial of due process
(Pontelos v. Desierto, 592 SCRA 64)
v. Preventive suspension
e. Impartiality of Judge
i. Lack of impartiality
f. Administrative Procedure
1. The party must be given the right to hearing. which includes the right to
present evidence
The tribunal must consider the evidence presented
The tn‘bunal must have something to support Its decrsion
The ev1dence must be substantial
The decisron must be based on the evtdence disclosed to the parties
@eww
6. The tribunal must make an independent consideration of the law and the
facts and not simply accept the views of a subordinate
7. The decision should be rendered in such a manner that the parties can
know the issues involving and the reasons for the decision. (Ang TibaY
v. Court of Industrial Relations. 69 Phil 635)
B. Equal Protection
1. Meaning
Equal protection means that all persons and things similarly situated must be
treated alike both as to the fights conferred and the obligations imposed.
Parties who are not similarly situated should not be treated alike. The repeal
of the franking pn‘vileges of the Armed Forces of the Philippines Steering
Committee and of the Judiciary violated equal protection (Philippine Judges
Association v. Prado, 227 SCRA 703)
3. Cases
a. The prosecution of one guilty person while others equally guilty are not
prosecuted does not violate equal protection in the absence of intentional
discn'mination. (Alvarez v. People. 653 SCRA 52)
b. The Attn'tion Law, which provides for the dismissal of employees of the
Bureau of Customs and the Bureau of Internal Revenue if they do not meet
the targets for revenue collection, does not violate equal protection. They
are the only public employees whose function is to generate revenues.
(Abakada Guro Party List v. Pun‘sima, 562 SCRA 251)
f. The policy adopted by the Judicial and Bar Council prowding that judges
with less than five-year experience cannot be promoted is valid. There is a
distinction between judges with five-year expen‘ence and those with less
than five-year expen'ence. (Villanueva v. Judicial and Bar Council. 755
SCRA 182)
g. The law limiting the maximum amount of its lump-sum salary that can be
awarded to a Filipino laborer who was illegally terminated abroad to his
salary for three months even if‘ his contract is for more than one year.
Vio'lates equal protection. (Serrano v. Gallant Maritime Services. lnc. 382
SCRA 254)
h. Although the provision in the New Central Bank Act exempting its officers
from the Salary Standardization Law and making the salan‘es of the
employees under salary grade 19 or lower subject to it is valid because of
the need to attract competent officers, pursuant to the doctrine of relative
unconstitutionality, it became unconstitutional because of the change in the
circumstances when a law exempted the rank-and~file employees of other
government financial institutions from the Salary Standardization Law.
Pursuant to the intermediate scrutiny test. the result of the inconsistent and
unequal policy of the law is oppressive upon the rank-and-file employees of
the Bangko Sentrai ng Pilipinas. (Central Bank Employees Association. inc.
v. Bangko Sentral ng Pilipinas, 446 SCRA 299)
1. Deportation Cases
When Section 2. Article ill of the Constitution provides that only judges can
issue warrants, it does not distinguish between warrants in cn‘minal cases
and warrants in administrative cases. The Deportation Board cannot issue
a warrant of arrest against an alien facing a deportation case. (Nen‘a v.
Vivo, 295 SCRA 201)
2. Search Warrants
a. Requirements
i. Probable Cause
1. Definition
Probable cause means such facts and Circumstances which will lead
a reasonably prudent to believe that an offense was been committed
and that the objects sought in connection With the offense are in the
place sought to be searched. (Bengzon. Sr v. Chief of Staff. Armed
Forces of the Philippines. 133 SCRA 800)
9
There is no probable for the issuance of a search warrant where no
specific offense was alleged in the application. (Stonehiil v. Diokno,
20 SCRA 383)
2. Sufficient description
10
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we eJeqM
_'OU>lOlO
3. Insufficient Descn’ption
4 Partial Insufficiency
a) Valid
i) One-room condominium measuring 9 square meters (People
v. Li Wai Cheng, 214 SCRA 509)
ii) Iron pot hanging from ceiling of house (People v. Santos. 236
SCRA 686)
b) Invalid
i.
ii) Place outside the place where the person was arrested
3. Time
The seizure must be simultaneous with the arrest. It can precede the
l
arrest if it is substantially contemporaneous with the arrest and there
II
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11
l l l l ul
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i. There must be a valid intrusion in which the police were legally present in
the pursuit of their official duties
ii. The evidence must be inadvertently discovered.
iii. The evidence must be immediately apparent.
iv. Plain view justified seizure without further search (People v. Valdez, 341
SCRA 25)
b. Moving Vehicles
3. Waiver
i. Waiver requires a positive act. Silence is mere respect for the authon'ty of
the law
ii. A household helper cannot waive the right of her employer
f. 'Stop—and-Frisk Rule
5. Warrantiess Arrest
a. In Flagrante Delicto
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1) A victim of armed robbery with police officers tracking the robbers
identified the robbers when they were encountered and one of them was
wean'ng a stolen jacket. (People v. Acol. 232 SCRA 406)
2) A team of police officers to whom a hit-and-run incident was reported
saw the fast approaching motor vehicle. its dangling plate number and
the dented hood and railing. (Padilla v. Court of Appeals)
3) A krd'napper instructed the father of the victim to place the ransom in the
trunk of the car of the father and leave the trunk unlocked, police officers
saw the kidnapper take the money. and a team of policeman blocked his
car and found the ransom in the trunk of his car could be arrested
(People v. beoco, 640 SCRA 146)
4) After the lapse of one day after the commission of the cn'me, the offender
can no longer be arrested without a warrant.
c. Escaping Pn‘soner.
2. Availability to corporations
3. Applicability to exercise for profit and unwanted spams.
4. Pennissibility of taxation of mass media.
The words have the natural tendency to bn'ng about the substantial evil
sought to be prevented
c. Balancing of interests
The public interest involved and the value of the freedom restricted
should be judged on the basis of (1) the importance of the aspect of the
freedom; (2) the direct and indirect thrust of the restriction and the
number of people affected; (3) the importance of the public interest. (4)
13
necessity of the restriction for protection of public interest; and (5)
availability of less restn‘ctive means.
d. Overbreadth
e. Valid restrictions
i. Seditious speech
il. Obscenity
iii. Libel
iii. Only the original author of cybercrime libel should be held liable.
under the culture of the cyberspace. Readers think little and
haphazardly. To hold them liable will have a chilling effect on their
freedom of expression.
14
7—A false accusation about the administration of justice may be cited
for contempt.
v. Election survey
ii. The requirement for the disclosure upon the publication of the
survey of the names of the persons who commissioned the
survey, paid by for it, and subscribed to it is valid.
4. Public Rallies
c. Freedom of Religion
1. Freedom of Worship
a. Scope
i. Flag ceremony
ii. Exemption from union clause in collective bargaining agreement.
iii. Day of rest on days of worships
iv. Fixing office hours on month of Ramadan
v. Invalidity of excuse from work from 10 am to 2 pm every Fn'day.
vi. Assistance to sectan'an schools
1) Secular purpose
2) No inhibition or advancement of religion
3) Absence of excessive entanglement
3) Expulsion of member
a) Heresy
b) internal discipline
d. Liberty of Abode
1. Scope
a. Changing residence
b. Hamletting - compulsory relocation of residents because of military operations.
2. Regulations
G. Right to Travel
H. Right to Information
1. Guiding Pn'nciples
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Negotiations for compromise of cases for forfeiture of ill-gotten wealth of
.0
public officials
Source code of automated elections
Name of nominees of party list
Court decisions unless it is required to be confidential
Court records involving matters of concern to requesting party, such as
907‘s”?-
inventory of assets of deceased debtor of creditors
4. Confidential matters
. National security
. Diplomatic negotiations
Proprietary data and trade secrets
. Documents used as basis for executive orders
apcm
J. Eminent Domain
1. Nature of power
a. Legislative
b. Need for enabling law delegating the power
c. Sufficiency of general law
a. Public utilities
b. Mining companies, because of public benefit
3. Elements of Taking
4. Instances of Taking
i. Compelling grant of free bun'al plots in memon‘al parks for the poor
ii. Requiring shopping centers to grant free parking space
iii. Petition of electn‘c power company for right of way to construct towers
for transmission lines.
iv. Construction of underground tunnel to siphon water for operations of
power plant.
v. Ordinance prohibiting continued use of property and leaving no
reasonable economically viable use.
5. Use
a. Public Use
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l. Socialized housing
ii. Toun'st resort
iii. Agrarian reform j_
iv. Prohibition of existing reasonable economically Viable use
c. Abandonment of use
6. Review
a. Choice of property
b. Scope of delegated authority
7. Just Compensation
a. Basis
Fair market value. the price which a seller willing to sell but not compelled
to sell and which a buyer desirous to buy but not compelled to buy will agree
upon.
b. Form
i. Cash
ii. Government bonds in case of agran’an reform
c. Determination
i. Judicial authority
ii. Unconstitutionality of executive determination
iii. Validity of administrative determination subject to judicial review
i. Reasonable period
1. lnapplicability
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2. Power of bank conservator to revoke contracts
3. Limitations
8. Taxations
b. Police power
i. Zoning ordinance
Reduction of payment to creditors in rehabilitation plan
Closure of commercial blood banks
c. Social Justice
i. Labor laws
ii. Agran‘an Laws
iii. House rental laws
iv. Regulation of procedure for rescission of contracts in the
Realty Installment Buyer Protection Law.
v. Subdivision and Condominium Buyers Protection Decree
1. Inapplicability
2. Applicability
19
t“
It is voluntary
it was made with the assistance of competent and independent counsel
it is express
99.69! it is in wn'ting
a. Commencement
Duty of Counsel
Independent Counsel
. Non-independent counsel
i. Public Prosecutor
ii. Pn‘vate Prosecutor
iii. Counsel of another accused discharged to be state witness
iv. Mayor
v. Municipal lawyer
vi. Legal staff of mayor
vii. Barangay official
viii. Pn'vate lawyer regularly chosen by the police investigators and
receiving payment from them.
Admissibility of confession
M. Right to Bail
1. lnapplicability
a. Court martial
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b. Extradition
3. Determination of application
d. Even if the cn‘me charged is punishable with reclusion perpetua and the
evidence of guilt is strong, a senator may be granted bail. because the
likelihood of his escape is remote.
N. Rights of Accused
1. Presumption of innocence
i. Presentation of evidence
ii. RatiOnaI conviction between facts proven and presumption of guilt
iii. Opportunity for accused to rebut
b. Cases
21
‘ l
a. Duty of court to inform accused of n'ght and to give him time to have
lawyer of his own choice
D. Authon'ty of court to appoint counsel de officio if accused is resorting
to delay.
c. Waiver
3. Right to Information
a. Violation
i. Different cn‘me
i. Factor
i. Length of Delay
ii. Reason for delay
iii. Assertion or non-assertion of fight
iv. Prejudice to the accused
1. Exceptions
22
3- Dying Declaration
b. Res Gestae
c. Previous testimony in case involving same parties and subject
matter
2. Incomplete Cross-Examination
a. Inapplicability‘
b. Applicability
4. Right to be Present
i. Length of delay
ii. Reason for delay
iii. Assertio'n or non-assertion of fight
iv. Prejudice to party
a. Person covered
i. Natural persons
23
ii. lnapplicability to artificial persons, being creation of tha
state
b. Applicability"
c. lnapplicability
i. Physical examination
ii. Waiver by testimony of accused in his own behalf
iii. Public records
iv. Artificial persons
v. Police line-up
vi. Testimony about prescribed crime
vii. Grant of immunity by law
7. Involuntary Servitude
a. Scope
i. Slavery
ii. Peonage
b. Exceptions
8. Criminal Penalties
a. Prohibited Penalties
III"
i. Excessive fines
ii. Cruel and lnhuman Penalties
24
b) Moral depravity of criminal
c) Severity of penalty as compared to penalties for
other offense
d) Legislative purpose
iii. Taxes
iv. Cases
a. Requisites
i. Jurisdiction
ii. Valid information
iii. Plea
25
—f
iv. Termination
1) Absence
a) Amendment of infonnation
b) Transfer of case
c) Disapproval of withdrawal of appeal
2) Presence
a) Conviction
b) Acquittal
i. Demurrer to evidence
ii. Affidavit of Desistance
iii. Dismissal for violation of fight to speedy tn'al.
c) Dismissal
V. Identity of offenses
a). Presence
i. Complex cn‘me
ii. Reckless imprudence
iii. Necessary inclusion
iv. Attempted stage
v. Frustrated stage
Appeal
1. Standing
a. Absence
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4.
Prosecution
ii. Employer of accused driver
b. Presence
i. Accused
ii. Appeal by victim of civil aspect
i. Certioran‘
ii. Annulment of Judgment
2. invalid Termination
i. Applicability
1) Law makes crime and act done before its passage and punishes,
it retroactively. e.g. forfeiture of unexplained wealth acquired
earlier
2) Law aggravates a crime and makes it greater than when it was
committed, e.g., making use of unlicensed firearm a qualifying
circumstance
3) Law inflicts greater punishment than that inflicted when the crime
when committed
4) Law alters the rule of evidence and authorizes conviction upon
less or different testimony from the one required at time of
commission of offense, e.g., requin‘ng one witness only instead
two witnesses.
5) Law, assuming to regulate civil rights, imposes penalty or
deprivation of a right for act lawful when done
6) Law depn’ving of lawful protection to which person was entitled,
such as protection because of previous conviction. acquittal or
amnesty.
ii. Inapplicability
1) Extradition treaty
2) Probation law
3) Change of court jurisdiction
4) House rental law
iii'. Cases
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1. Reversal of judi‘l doctn‘ne favorable to the accused, e.g.,
validity of permit from governor to special agent to carry
firearms.
2. Continuation of failure to deliver title to subdivision lot after the
effectivity of the law requin’ng its delivery
3. Removal of absolute confidentiality of bank accounts before
its enactment.
b. Bills of Attainder
I. WRITS
A. WRIT OF AMPARO
i. Pn‘nciples
a. It is a remedy available to any person whose fight to life. liberty and secun‘ty is
violated or threatened with violation by an unlawful act or omission of a public
official or employee, or of a pn'vate individual or entity.
b. lnten’m Reliefs
iv. Cases
1) Persons who were abducted and tortured by the military who were able to escape
are still entitled to the issuance of the Writ of Amparo if they were threatened they
28
would be abducted again or be killed if they escaped. (Secretary of National
Defense v. Manalo, 568 SCRA 1) _
2) If the persons responsible for the enforced disappearance of a person has been
determined and the cn'minal investigation has already started, the remedies
envisioned by the Writ of Amparo are exhausted. (Burgos v. Esperon, Jr., 715
SCRA 208)
3) In a petition for a Wn't of Amparo, command responsibility may be applied only to
enable the court to devise appropn'ate remedial measures to protect the rights
covered by it. It cannot be used to determine liability for criminal prosecution or
administrative proceedings. (Boac v. Cadapan. 649 SCRA 618) _
4) The supen‘or—officers who failed to conduct an effective investigation of the
abduction and torture of a person are liable for violation of his right to secunt'y.
(Rodriguez v. Macapagal-Arroyo. 660 SCRA 84)
5) A petition for a Wn't of Amparo cannot be granted if the complainant has already
filed a cn'minal case for kidnapping and there is no continuing threat to his rights
to life, liberty and secun'ty. (Lozada, Jr. v. Macapagal-Arroyo, 670 SCRA 645)
6) An accused against whom a hold departure order was issued cannot file a petition
for a Writ of Amparo. (Reyes v. Court of Appeals. 606 SCRA 580)
7) An alien who will be deported because of a pending criminal case against him in
his country cannot file a petition for a Wn‘t of Amparo, because he is not being
concealed and there are no threats to his life. security and security'. (Mison v.
Gallegos, 760 SCRA 363)
8) A petition for a Wn't of Amparo cannot be granted for the alleged inclusion of the
petitioner in the order of battle of the military in the absence of any threat to his life,
liberty or secun‘ty. (Ladaza v. Macagal. 685 SCRA 322)
9) The return of the properties taken from a person who was abducted and tortured
in a petition for a Wn't of Amparo. because it does not include protection of property.
(Roxas v. Macapagal-Arroyo. 630 SCRA 211)
10)The implementation of a decision in an ejectment case cannot be stopped by filing
a petition for a Wn't of Amparo, because it is not intended for the protection purely
of property or commercial concern. (Lapuz v. Rosario, 554 SCRA 768; Castillo v.
Ang, 605 SCRA 628)
i. Principles
1) The Writ of Habeas Data is a remedy available to any person whose fight to pn'vacy
in life, liberty or security is violated or threatened by an unlawful act or omission of
a public official or employee, or of a private individual or entity engaged in collecting
data or information regarding the person, family, home and correspondence of the
aggn‘eved party. (Section 1. Rule on Wn't of Habeas Data)
2) The petition should allege the manner the right to privacy is violated or threatened
and how it affects the right to life, liberty. or security of the party. (Section 6, Rule
on Writ of Habeas Data)
3) The return may allege national secun‘ty, state secrets. pn‘vileged communication,
confidentiality of the source of the information of media and others. (Section 11,
Rule on Wn't of Habeas Data)
4) The court shall enjoin the act complained of. order the detention, destruction. or
rectification of the erroneous data or infomiation, and grant other relevant reliefs.
(Section 16. Rule on Writ of Habeas Data)
ii. Cases
1) A mayor whose name was included in the list of politicians maintaining pn‘vate
annies after a sen'es of surveillance operations cannot file a petition for habeas
29
data for her exclusion on the basis of her n'ght to pn’vacy, because the fight must
yield to the ovem‘ding state interests. (Gamboa v. Chan, 677 SCRA 385)
2) Although a Facebook user can regulate accessibility of digital images in her
personal bulletin, female students who posted in their pictures in Facebook
showing them clad only in their underwear and did not limit accessibility to their
photographs cannot file a petition for habeas data. (Vivares v. St. Theresa's
College. 737 SCRA 92)
3) Where the decision in a forcible entry case was enforced, the defendants cannot
file a petition for habeas data to compel the police officers who were present to
give them their fight. because there was no violation of their fight to privacy related
to their fight to life, liberty or secun’ty. (Tupaz v. Del Rosario, 554 SCRA 768)
4) Where the decision in an unlawful detainer case was enforced, the defendants
cannot file a petition for a writ of habeas data when there is no allegation that the
police officers gathered infonnation regarding their personal, family, home or
correspondence. (Castillo v. Cruz, 605 SCRA 628)
5) An employee who was transferred to a distant office of his employer because of
an anonymous letter accusing him of disloyalty to his office cannot file a petition
for a wnt‘ of habeas data to be given information about the letter, because the
employer was not engaged in collecting data and there was no violation of his n'ght
to pn'vacy. (Manila Electn‘c Company v. Lim, 632 SCRA 195)
ii. Only the Supreme Court can issue a temporary restraining order or preliminary
..
7, Section 1)
When there is a lack of full scientific certainty in establishing a causal link
between human activity and environmental effect, the court shall apply the
precautionary principle. The constitutional right of the people to a balanced
and healthful ecology shall be given the benefit of the doubt. (Rule 20, Section
1)
lll. Citizenship
Mww
A. Filipino Citizen
“
30
°\‘
a. Filipino citizenship of father or mother
b. Legitimate or illegitimate filiation.
3. Children born before January 17, 1973 of Filipino mothers who elect
Philippine Citizenship upon majon‘ty age
4. Naturalized citizen
1. Birth
2. Repatn‘ation
3. Naturalization
4. Direct act of Congress
Loss of Citizenship
Reacquisition of Citizenship
1. Repatn‘ation
2. Naturalization
3. Direct Act of Congress
1. Posrt'ions covered
President
Vice President
Senators
Congressmen
Justices of Supreme Court, Court of Appeals. Sandiganbayan and Court of
99-9575”
Tax Appeals
f. Commissioners of Civil Service Commission, Commission on Elections.
Commission on Audit. and Commissioner of Human Rights
9. Directors of the Bangko Sentral ng Pilipinas
2. Natural-born Citizens
a. Natural-born citizens are those who are Filipino citizens from birth without
having to perform any act to acquire Philippine citizenship.
b. Children born of Filipino mother before January 17, 1973 who elected
Philippine citizenship are natural-bom
c. Natural-born citizens who became naturalized foreign citizens and
repatn'ated are natural-bom citizens.
d. Natural-born citizens who become naturalized citizens of foreign countn'es
after the effectivity of Republic Act No. 9225 retain their Philippine
citizenship if they take an oath of allegiance after its effectivity.
Dual Citizenship
1. A Filipino citizen who has dual citizenship who used his passport as a citizen
of the foreign, citizen before he filed his certificate of candidacy did not lose his
Philippine citizenship. 307 SCRA 630
31
’2.
Dual citizenship comes about when as a result of the concurrent application of
the diff'erent laws of two or more countries. he is considered a citizen of all of
them:
i. The country of the father of the dual citizen follows the principle of jus soil
and the country of the mother follows the pn‘nciple of jus sanguinis.
ii. The law of the country of the alien father and the law of the country of the
mother both treat the child as its national
iii. The law of the country of the father considers the Filipino mother a citizen
of his country. Dual citizenship is involuntary.
3. Dual allegiance refers to the situation in which a person simultaneously owes
loyalty to one or more states by a positive act.
i. They can vote only for the President, Vice President. Senators. and Party
List Representatives, and in national referendums and plebiscrt'es.
V. Legislative Department
A. Legislative Power
a. Legislative power is the power to make laws and to alter and repeal them.
b. Corollaries
0. Delegation of powers
1. The delegation must be complete; i.e.. it must set forth the policy
to be implemented.
2. it must prescribe sufficient standards to detennine whether or not
the delegate acted within the scope of the authority given.
vii. Cases
1) Valid Delegation
32
a) Denial of permit for rally because of clear and present danger
of substantive evil.
b) Simplicity. economy and efficiency for reorganization
c) Removal of revenue collection officers for failure to meet the
collection target
d) Formulation of policy to facilitate detention, investigation and
prosecution of cyber crimes.
e) Increase of the VAT to 12% if the VAT collected as percentage
of gross domestic products exceeds 2 4/5% or the deficit as
percentage of the gross domestic product exceeds 1%.
f) Public safety as implied standard for requirement for early
waming devices.
9) Simplicity, economy and efficiency for government
reorganization found in another law in pari materia.
2. invalid delegation
B. Bicameral Legislature
1. Composition
33
3. Party-list representatives
3. Privileged Speech
34
‘
1. lnhibrt'ions
2. Prohibitions
1‘. The prohibition refers to appean‘ng as counsel for a third party and not
for himself.
ii. A Member of Congress who appeared as counsel in an administrative
body for stockholders of a corporation but withdraw when his
appearance was questioned cannot buy shares of stock in the
corporation and appear in his own behalf.
iii. The prohibition applies to signing of pleadings.
a. Quorum
35
Majon'ty of each house
In Avelino v Cuenco, the presence of 12 out of the 23
Senators present in the Philippines and the absence of one
Senator abroad when the Senate President was replaced was
upheld as constituting a quorum, because the Constitution
provided that the quorum was based on majority of the Senate
and not majon'ty of all members
0. Voting Majon‘ties
Discipline of Members
Grounds
a. Disorderly behavior
b. Delivery of speech making unsubstantiated accusations of bn'bery is
ground.
c. Conviction is political question
d. The Sandiganbayan can order the suspension of a legislator for graft
and corruption
c3
Electoral Tn'bunals
36
d. Composition
H. Commission on Appointments
a. Composition
i. Senate President _
ii. 12 Senators and 12 Congressmen based on proportional
representation of political parties
i. Majority vote
ii. Voting by Senate President only in case of deadlock.
I. Powers of Congress
1. Legislative investigations
a. Subject matter
2. Oversight Function
a. Categon‘es
Scrutiny
b. Congressional Investigation
c. Legislative Supervision
4. Informing Function
38
J. Legislative Procedure
1. On’gin
ii. Bills of local application are bills which do not affect the entire
country or a sizeable section of the population. Examples are a
bills creating a new city, establishing a public school, or renaming
a street.
2. Revision
4. Transfer of Funds
1. Authority to Augment
39
authorized purpose (2) the balance arises from unpaid
compensation and related to costs pertaining to vacant positions
and leave of absence without pay and (3) balances resulting from
improved systems and efficiencies.
9. Once the General Appropriations Acts becomes a law, the
President cannot veto or cancel any specific Item in it, because
he has no power to impound the disbursement of funds.
h. Since information on actual revenue collections and targets are
made available every quarter, actual revenue surplus may be
released from the unprogrammed fund.
5. Purpose of Appropriations
a. Pn'nciple
6. Title of Bills
7. Three Readings
i'. The second and third readings need not be held on separate
dates
ii. The final form of the bill need not distributed three days before the
third reading.
40
iii. It is is a tax bill, and theimam substituted the house version. the
certification validly referred to the Senate version.
a. Validity
b. Exception
a. Constitutional requirements
b. Rights of private individuals
c. The President did not act on the bill within 30 days from
receipt.
a. The enrolled bill is the bill signed by the Speaker of the House
of Representatives and the Senate President and signed into
law by the President.
b. The enrolled bill is conclusive evidence of its enactment into
law.
41
a. Although the Bicameral Conference Committee, which is
supposed to reconcile only differences between the House and
the Senate version of the bill, introduced amendments in the bill,
it is conclusive upon the Judiciary. Since it was approved by both
Houses. i't became an enrolled bill.
b. Methods of Reconciliation
c. Taxation is progressive
Payment of Appropn'ations
42
b. Where a court decision ordered the government to pay a
contractor for a protect and awarded attorney's fees to the
contractor. the award of attorney's fees cannot be paid. because
the appropn'atio'n did not include payment for attorney's fees.
A. Presidential Immunity
8. Executive Powers
Executive power involves the prosecution of crimes and includes the power
to decide whom to prosecute and to grant immunity to witnesses.
2. Residual Powers
The powers of the President are not limited to the specrf'ic powers
enumerated in the Constitution. The President has the residual power to
protect the general welfare of the people. Whatever power inherent in the
government is neither legislative norjudicial is executive.
3. Encroachment by Congress
4. Appointments
a. Since this power involves discretion, the law cannot limit his choice to
one person.
b. Midnight appointments
Appointments made before March 10. 2010 were not valid unless the
following elements were present:
43
of appointment C b the
ill. Vacant position at the fi‘time
the
lv. Receipt of the appointment and its acceptane
none 0
appointee, who possess all the qualifications and
disqualifications.
5. Removal
a. Power of Control
iii. The power of the President is over the actions and decisions
of his subordinate and not over his person.
iv. The President can reverse the decisions of directors of
government corporations.
v. The President is not obliged to accept all appeals by
administrative officers. Appeals may be precluded by
presidential circular, by provision of law, or by provision of the
Rules of Court.
0. Power of Supervision
i. Power of appointment
ii. Power to suspend the privilege of the writ of habeas corpus
iii. Power to proclaim martial law
iv. Executive clemency
7. Military Powers
ii. Duration
1) Not more than 60 days
32)) RReevv‘e'owcatbronSby joint majon'ty vote of Congress
from filing 0f petition
Y upreme Court within 30 days
4) Extension
persistence of invasion or
a) Initiative of President because of
rebellion
b) Requirement of public safety
Effects
iii.
of Constitution
a) Continued operation legislature
of civil courts and civi lians in case
of
b) Continued functioning courts over
of military
c) Conferment of jun’sdiction
to function in the absence
inability of civil courts n't of habeas corpus
con
d) Automatic _ to
of proclamation
of suspensron of writ ofi habeas corpus
‘ '
suspensron of ffenses inherent
or directly
e) Limitation of
persons charged .
with invasion in a bsence of filing of case
connected or detained
Release of person arrested
f) three days of arrest
in court within
' nt is limited to preservation
stration of martial 327 US. 304)
The admm‘i and good order.
of public safety
suppress
arm ed forces to
' can call out the
and camappings.
-ups, kidnappings suppress
of rebellion is not required to
' fa state
a rebellion. wa rrantless arrests
a state of rebellion is declared, the Rules of
When
except in accordance wi th
cannot be made
Cn'minal Procedure
of Emergency
c. Proclamation laws
an d the police can be ordered to enforce
i. The military
of lawless violence.
pertinent to suppression made except in the instance
arrests canno t be
Warrantiess
0an'minal Procedure
allowed by the Rules
t be revoked
Permits for rallies canno be made.
iii.
the media and newspa pers' cannot
iv. Taking over
legislate
v. The President cannot
8. Executive Clemency
a. Forms
1. Pardon
45
r1.
Amnesty is a general pardon to a class of persons for serious
political offenses
2. Conditions
9. Dip'lomatic Power
a. Treaties
A. Judicial Power
1. Expansion
47
‘-'—~“”‘-2--~__.n-. ..,
‘
a. Facial challenge should not be limited to freedom of speech but s
extendsto all prows‘io'ns of the Bill of Rights. (lmbong vs. Ochoa, Jr 721
.
SCRA146.)
2. in the Supreme Court the wnt‘s of certioran‘ and prohibition are available
remedies against govemment instrumentaiities" whether or not they are
exercisrng Judicial, quasi-judicial or ministen’al functions. (Araullo vs. Aqurno
III, 728 SCRA 1.)
3. The Supreme Court can issue a temporary restraining order to suspend the
execution of an accused. because it retains control over the execution of its”
decisro‘n, as n'ghts may arise in connection with it'.
5. Since the Court of Tax Appeals has appellate jun‘sdiction over decisions of
the Regional Tna‘l Court in local tax cases. rt' has the inherent power to issue
wnts' of certioran‘, because it is necessary to preserve the subject of the
action and to give effect to the final detenninatio'n. (City of Manila vs. Grecio-‘
Cuervo, 715 SCRA 182.)
Judiciary
Vi. Grant of administrative supervision over all courts and personnel
j. Secun'ty of tenure
k. Prohibition against reduction of salaries
l. Exclusive authon'ty of Supreme Court to promulgate rules of procedure.
D. En Banc Decisions
E. Rule-Making Power
A. Scope
Wn‘t of Amparo
Wn‘t of Habeas Data
Wnt' of Kalikasan
Legal assistance to the underpn'vileged
Pleading, practice and procedure
Review of rules of procedure of Special courts and quasi-judicial
fle ce?
bodies
2. Limitations
substantive rights
3. Cases
a. Valid Rules
49
impn’sonment but subject to further appeal to the Supreme
Court is valid.
b. Substantive Law
1. Legal Standing
a. Pn'nciples
i. Taxpayers
a. Presidential veto
b. Executive Pn’vilege
National patrimony
Lands of public domain
Natural resources
Environmental cases
Philippine territory
Forfeiture of ill-gotten wealth of public officers
F’SnPSs’Nr"
iv. Voters
50
1. Right of Sufimgxe
2. Election Laws
d. Cases
6. Absence of Standing
.
I. A plaintiff who does not own a parcel of land occupied by
squatters cannot question the constitutionality of a law
requiring their relocation.
Retired commissioners of the Commission on Audit cannot
question the reorganization affecting its employees.
Filipinos citizens cannot question the auction by the
government of pn'vate properties donated to pubic officers.
2. Actual Controversy
a. Existence
a. This refers to the filing of the initial pleading and not to the existence
of the transaction or the law involved.
51
r—Since only the Judiciary can declare a law unconstitutional. the
question of the constitutionality of the law giving the Ombudsman
jun‘sdiction over administrative cases involving public officers were
property raised dun'ng the appeal in the Court of Appeals.
A lawyer who appeared as counsel for the respondent in an election
protest involving the President filed in the Supreme Court who did
not question the designation of the Supreme Court as Presidential
Electoral Tn'bunal cannot raise it after many years.
Lis Mota
Courts will still decide a case which has become moot in the following
cases:
1. Concepts
The doctrine can be involved only by those who relied in good faith on the
law or executive order. Those who acted in bad faith or with gross
negligence or were directly responsible for the illegal act cannot invoke it.
2. Exceptions
CONSTITUTIONAL COMMlSSIONS
A. Safeguards of Independence
52
B. Term of Offices
a. It is a permanent appointment.
b. Prohibrtro"n against re appointment does not apply to reappointment because
appointment was not confirmed.
c. Associate commissioner who has sewed for four (4) years and was
appointed chaimran can serve as chairman for 3 years only.
B. Appointments
C. Removal
D. Prohibition
1. Candidate who lost cannot be appointed to public office within one year
after the election
2. No elective official can be appointed to public office dun'ng his tenure
3. Relatives within third degree cannot be appointed by appointing
authon‘ty except for confidential positions
E. Double compensation
S3
2. Pensions are not double compensation
F. Qualrfi'cation
G. Prohibrt'ion
COMMISSION ON ELECTIONS
A. Qualrf'ications of Commissioners
8. Powers
a. Deputation of prosecutors
b. Power to revoke deputation
COMMISSION ON AUDIT
funds.
The Commission on Audit can disallow excessive expenses
The Commission on Audit can require government instrumentalities to obtain its
mp
must be filed with the Commission on Audit, because it has jun‘sdiction to audit the
claims. (University of the Philippines vs. Dizon. 679 SCRA 24.)
LOCAL GOVERNMENT
1. Power of Supervision
a. The President has the power of supervision over local governments, the
power to oversee local government officials to see to it that they are
performing their duties.
b. The office of the President can investigate local government officials for
malfeasance.
c. The Secretary of Justice can review the validity of tax ordinances of local
govemment unit.
54
d. The. Secretary of Budget and Management cannot regulate the allowances
Wthh the law authon'zes them to grant national officials assigned to their
tem'tone's. except auditors.
8. Duration
Three years
b. Limitation
c. Application
In computing the three terms limit. a term which was not served in
full should not be counted.
d. lnapplicability
ACCOUNTABILITY
A. Impeachment
1. lmpeachable Officer
a. President
b. Vice President
c. Justices of Supreme Court
d. Members of Constitutional Commission
e. Ombudsman
2. Grounds
a. Treason
b. Bn’bery
c. Graft and Corruption
d. Other high crimes
e. Betrayal of public trust
3. Procedure
55
ii. Ven'fied complaint by Filipino citizen endorsed by
Congressman
iii. Ven'fied complaint of at least one-third by Congressman
c. Effects of Conviction
1. Powers
C. Judicial Review
A. Regalian Doctn'ne
56
b. The President may enter it technical oi linunclai agreements for large
scale exploration. development and tllIIIl.'ttIlt)ll of minerals, petroleum.
and other mineral ells
8. Public Utilities
D. Regulation of Business
A. Social Justice
1. it may investigate violations of human n'ghts but cannot decide the case.
2. it cannot issue writs of preliminary injunction but should apply to the courts
3. it may grant immunity to witnesses.
ACADEMIC FREEDOM
1. Academic freedom includes the fight of schools to determine who may teach,
who may be taught, how it shall be taught, and who may be admitted as student
2. A state university may rehire a faculty member who went on leave without pay
for more than a year because of its fight to determine who may teach.
S7
3. A school cannot be compelled to re-admit a student who failed to meet its
academic requirements
4. A school cannot be compelled to re-admit a student who committed sen’ous
breach of disciplinary regulation
5. The staff member of the campus newspaper who published obscenities in it
may be dismissed.
6. A student in the Philippine Military Academy who violated the honor code by
lying that he came late for class. because the instructor of the previous class
dismissed the class late cannot ask for reinstatement
7. A student who did not meet the requirements for graduating with honors cannot
compel the school to confer graduation honors upon her
8. A school can revoke the degree conferred upon a student who plagian‘zed his
thesis
9. A school cannot refuse to re-enroll a student forjoining in mass actions
10.A teacher cannot be dismissed for adopting the tutorial method of teaching.
11 .A school cannot dismiss a faculty member without due process.
12.A school cannot be compelled to remain open it is wishes to close.
Implied Waiver
if a government agency is perfon'ning a proprietary functions, it can be sued.
—I
58
2. if a government agency is being operated for profit. it is performing a proprietary \
function.
3. When the Philippine Tourism Authority entered into a contract for the construction
of a golf course. it engaged in a propn‘etary activity. (Philippine Tourism Authority
vs. Philippine Golf & Equipment, lnc., 668 SCRA 408.)
F. Contract
. The State can be sued in the case of contracts connected with commercial
——L
activities. (Traders Royal Bank vs. Intermediate Appellate Court. 192 SCRA 305.)
2. A contract connected with repair of a military base involves a sovereign function.
(United States vs. Ruiz, 136 SCRA 481.)
If a public officer falls to comply with a ministerial obligation imposed by law. the
party in whose favor the obligation was constituted may file a petition for
mandamus against him. (Sanders vs. Ven‘diano ii, 162 SCRA 88.)
When the waiver was made without qualification. it applies to all kinds of causes
of action. including quasi-delicts. (Social Security System vs. Court of Appeals.
120 SCRA 707.)
4. Implied Waiver
a. Performance of Proprietary Functions
When the State engages in business. it becomes subject to the rules governing
pn'vate business enterpn'ses and becomes amenable to suit. (Civil Aeronautics
Administration vs. Court of Appeals. 167 SCRA 28.)
b. Institution of Lawsuit
When the State takes the initiative in filing a case, it descends to the level of a
private individual and it throws itself open to a counterclaim. (Act No. 3083,
Section 5). However, only compulsory counterclaims are permitted. Permissive
counterclaims are not allowed, because the consent of the State to litigate is
limited to the subject of its complaint.
if the State intervened in a case merely to join the defendant in resisting the
claims of the plaintiff and did not ask for any affirmative relief, no counterclaim
59
can be filed against it, because it did not waive its immunity from suit. (Lim vs.
Brownell. 107 Phil. 344.)
. institution of Suit
G)
When the State files a case, it descends to the level of a pn‘vate individual and
throws itself open to a counterclaim. (Froilan vs. Pan Oriental Shipping Company,
95 Phil. 905.)
H. Expropn'ation
if the govemment expropn'ates property without paying just compensation, it may
be sued. (Section 9, Article III of Constitution)
60
c. The full text of the proposed amendments must be embodied In the petition.
d. The required number of must people sign the proposal. (Lamblno vs.
Commis'sw'n on Elections, 503 SCRA 160.)
4. The House of Representatives and the Senate must vote separately. This is
inherent in a bica'meral legislature. (Mardo v. Miller. 2 SCRA 498.)
My
61